Planning Permission Approval: Civic Centre and Council House Development, Study notes of Design

Download Planning Permission Approval: Civic Centre and Council House Development and more Study notes Design in PDF only on Docsity! OFFICIAL PLANNING APPLICATION OFFICERS REPORT Site Address Civic Centre Armada Way Plymouth PL1 2AA Proposal Conversion to 144 residential units (Class C3) and mixed uses including A1, A2, A3, A4, A5, B1, D1 & D2 uses, part demolition, glazed extension , alterations to elevation including new cladding, new public realm including staircase, parking and associated works Applicant Mr Phillip Yunnie Application Type Full Application Target Date 27.06.2019 Committee Date 16.01.2020 Extended Target Date 28.02.2020 Decision Category Service Director of SPI Case Officer Miss Katherine Graham Recommendation Grant conditionally subject to S106 planning obligation with delegated authority to Service Director for Strategic Planning and Infrastructure to refuse if not signed within agreed timeframes. Application Number 19/00439/FUL Item 02 Date Valid 28.03.2019 Ward ST PETER AND THE WATERFRONT OFFICIAL This planning application has been referred to committee by service director of Strategic Planning and Infrastructure due to public interest reasons. 1. Description of Site The Civic Centre is located within the city centre, north of the Hoe. The application site is formed of the Grade II listed Civic Centre Tower, a vacant fourteen storey office block, along with two storey blocks to the north and south and a reception area, which the Tower sits above. The application site also includes a disused pond located between the Council House and Civic Centre. This forms part of the listed park and garden. Immediately east of the site is Armada Way and the Civic Square which is a Grade II listed park and gardens. The application site also includes two bridge links physically connecting the Council House and Civic Centre. These have been enclosed on the Council House side. OFFICIAL be available for use by residents of the apartments if required. Request for Electric Vehicle Charging (EVC) spaces. “In view of the limited car parking provision provided for residents of the apartments, I would suggest that it is justified to seek a Section 106 contribution towards Travel Plan measures”. Recommend conditions. Updated highway queries: Clarify request for Electric Vehicle Charging (EVC) points: 5 bays with infrastructure for additional 5 bays in basement, and 4 bays with additional infrastructure for 4 bays in future and recommend condition on this basis. Advise the applicant to consider how all residents will have access to EV charging in the future. Updated comments with regard to draft planning conditions: Basement car park should have ducting that would allow all spaces to have access to EV charging point. The charging points specification should be 3kw output minimum. Maintain that 10 EVC spaces are required in the basement. Historic England (HE) – “Historic England has been involved in considerable pre application discussions regarding the Civic Centre over the course of many years, and are pleased to be able to support these proposals. We acknowledge that certain aspects of the proposals will harm the significance of the listed buildings, but believe that the harm has been minimised, as far as is possible, and that the proposals will result in a sustainable new use that will provide for the necessary conservation of the building. In our view, the harm to the significance of the building is less than substantial, and outweighed by the wider heritage benefits offered by the proposals.” Summarised comments: - Support removal of 1980s lobby walls to create under croft, “which will provide a visual link from the Civic Square to the Theatre Royal”. A strategy for protecting the terrazzo should be supplied, or conditioned as part of any planning approval. - The new staircase is logical and will assist in connectivity between Civic Centre and newly listed Theatre Royal - Proposed glazed pavilions (extension) to west end of the south block will terminate the undercroft in a logical manner , and is a form of construction of that is new and reversible - It is regrettable that the proposals do not extend to restoration of the civic square but understand not under applicant control and part of the Council Better Places scheme. Need to consider phasing - Conversion of tower to residential potentially most contentious. Converting from the civic function to private residential will harm historic value however introducing residential use may bring about wider benefits through improved public perception of the post war city centre. Lack of residential in city centre has meant a lack of sense of ownership. The introduction of residential in Civic Centre has potential to change this, and will bring new life into city centre - Accept that it is necessary to rebuild two elevations. A 2007 HE report concluded that the façades need replacing. Significance of the façades lies more in their design than their actual fabric. Given the change of use in the building, it is appropriate for the new façade system to reference the existing, but not copy it. Consider that the need to replace the façades will give rise to less than substantial harm and has been mitigated through good design and recommend condition requiring samples to be agreed. Fibonacci influenced design should be recreated. - Public access days for heritage open days should be secured through conditions - The gullwing roof is currently littered with telecoms equipment. A condition is recommended to seek to remove the telecoms equipment. - The applicant has demonstrated that the harm to the building has been minimised. The proposals will provide a use that is viable and will lead to the investment in the Civic that is necessary for its long-term conservation - The proposals will cause harm to the significance of the Civic complex through tangible alterations such as the refaçading and also intangible aspects such as a building designed for public purposes becoming a private complex of apartments. However, can also appreciate the heritage benefits offered by the proposals, chief amongst which is securing a viable use for the building which will provide for its long-term conservation. OFFICIAL Historic Environment Officer: Support HE comments and “given that whilst there is a recognition of harm the ‘replication’ design offered forms a sufficient level of mitigation especially when weighed together with bringing this long vacant building back into beneficial use and to prevent and reverse further deterioration of the building’s fabric.” The addition of lettering atop the Civic building (i.e CIVIC) is a superfluous and unnecessary embellishment to this listed building, request justification. Housing Delivery Team – Welcome the provision of housing within the city centre which will contribute to the aim of creating balanced, mixed and sustainable communities and bring an empty building back into use. We welcome the inclusion of some larger units as there is a shortage of family housing in the area. DEV7 requires 30% affordable housing provision. Understand viability will be provided. No information has been provided on the provision of category M4 (3) units. No Gross Internal Area has been provided but appears to be quite a way short of National Described Space Standards. Lead Local Flood Authority (LLFA) – The site is in a critical drainage area and an area identified as being at significant risk of flooding. The proposed increase in residential dwellings effectively reduces the capacity of the downstream combined sewer to receive surface water, potentially increasing flood risk to properties downstream. Options should be assessed to discharge surface water to a future surface water drainage corridor in Armada Way to the east of the development. There is also the potential to remove surface water from combined sewers (Surface Water Separation SWS) to increase the capacity of the sewerage system and to minimise pollution incidents. Surface water exceedance flow route should be identified on a plan that shows the route exceedance flows will take both on and off site and demonstrating that these flows do not increase the risk of flooding to properties on and off the site and or to Third Party Land including the Public Highway. Details of how and when the surface water drainage system is to be managed and maintained should be submitted. Recommend condition. Updated comments: Request amended condition Low Carbon – Original comments summarised: Object to application. The Plymouth City-wide District Energy Strategy (evidence base for the JLP) shows the development falls within a District Energy Opportunity Area and therefore (Policy) DEV 32.6 is the priority. The policy requirements for carbon reductions outlined in (policy) DEV32.5 can be achieved by connecting to renewable heat solution using ground source heat pumps. The submitted details are not currently compliant with the planning policy DEV32.6, as they are only showing a technical solution that is able to partially connect (for domestic hot water only and not for space heating). The solution would not meet policy DEV32.5 either and cannot recommend approval. Updated comments (summarised): After negotiations the scheme has been changed with an amended Energy Statement. The key JLP policy is DEV32 ‘Delivering low carbon development’ which sets out 6 policy criteria, with the intention to half 2005 levels of carbon emissions by 2034. No objection in relation to DEV32.1 - 4. DEV32.5 There is no renewable energy generation proposed as part of this scheme. However this is considered acceptable on the basis that the scheme addresses district heating requirements which will utilise renewable energy and achieve these reductions. This solution will involve a ground source well located within the civic centre boundary, for the potential provision of a renewable heat source to serve Civic Centre and other buildings in the vicinity. DEV32. An area of negotiation in this application has been attempts to secure a fully compliant scheme that fully connects to the future district energy network. The amended Energy Statement proposes a Low Temperature Hot Water (LTHW) heating system serving the space heating and domestic hot water requirement for the residential apartments. This system will be designed to be suitable for future connection to a district heating scheme when it is available. This means the residential units will now be capable of future connection to a district energy network. In addition, it is stated that the podium commercial units OFFICIAL could be connected to the District Heating system for heating and cooling. The basement plan, included in Appendix A includes an area proposed for use as the district energy centre. It has also identified potential areas for additional plant space for the energy centre and the routes for connecting the energy centre to the site boundary to serve a wider area. The provision of space within the basement for the energy centre is considered to constitute a proportionate contribution, which will help to establish the provision of a district energy centre within the city centre. On the basis of the above, it is now considered that the proposal has been designed to be capable of connection to a district heating network. By providing space for an energy centre and future proofing the scheme for future connection to a district heating scheme, this application will contribute towards the provision of district heating within the city centre. Recommend approval, with the inclusion of a number of conditions, informatives and S106 overage. The condition wording recognises the unique characteristics of this development, in terms of the challenges of connecting a listed building, the long delivery period, as well its unique role in providing an energy centre to serve a wider area. Natural Infrastructure Team (NIT) (summarised) – Biodiversity: Support of mitigation and enhancement measures however request further information in relation to the EMES (need to quantify mitigation and enhancement measures in biodiversity budget table), perching opportunities for peregrines needs to be maintained throughout construction and mitigation needs to be incorporated into the landscape. Landscape: Further info required on tree planters, consideration of SUDS in car park, and landscape management plan (could be conditioned). Trees: Does not comply with JLP as insufficient assurances in relation to longevity of tree planting and recommend further long term tree planting. Request for S106 contributions towards local green space, children play space, playing pitches and strategic greenspace. Updated comments following receipt of further information: No objection subject to appropriate mitigation and recommend conditions. Natural England (NE) – The site falls within the “zone of influence” for Plymouth Sound and Estuaries Special Area of Conservation (SAC) and Tamar Estuaries Complex Special Protection Area (SPA), as set out in the Local Plan. New housing development in this area is ‘likely to have a significant effect’ when considered either alone or in combination, upon the interest features of European Sites due to the risk of increased recreational pressure caused by that development. Therefore advise that specific measures will be required to prevent such harmful effects from occurring as a result of this development and recommend that permission should not be granted until such time as the implementation of these measures has been secured. Public Health (PH) - Original comment summarised: Broadly in favour of development however have concerns over the use of the roof terrace by residents, their guests and members of the public. On this basis recommend the provision of a physical barrier on the roof at least 2. 5m high. The area is just outside cumulative impact policy area, which would prevent sale of alcohol unless ancillary activity. Updated comments on the proposed management system: Supervision of visitors should be undertaken by trained staff in suicide awareness, CCTV monitoring is only useful in suicide prevention if monitored permanently and again by trained staff, and agree restricted/managed access at night. Recommend condition. Public Protection Service (PPS) – Conclusion to acoustic report agreed, and particular attention should be paid to floors separating commercial and residential. Conclusion of Phase 1 (contaminated land) study agreed. Recommend conditions including compliance with British Standard (BS) sound insulation and noise reduction for buildings. Accept findings of air quality report. Updated comments following applicant advising cannot comply with condition: OFFICIAL SPT12 Strategic approach to the natural environment SPT13 Strategic infrastructure measures to deliver the spatial strategy SPT14 European Sites - mitigation of recreational impacts from development Strategic Objective SO2 Strengthening Plymouth role in the region PLY1 Enhancing Plymouths strategic role PLY2 Unlocking Plymouths regional growth potential Strategic Objective SO3 Delivering growth in Plymouth City Centre and Waterfront Growth area PLY6 Improving Plymouth city centre PLY15 Civic Centre and Council House site PLY21 Supporting the visitor economy PLY22 Cultural Quarters DEV1 Protecting health and amenity DEV2 Air water soil noise land and light DEV6 Hot food takeaways in Plymouth DEV7 Meeting local housing need in the Plymouth Policy area DEV9 Meeting local housing need in the Plan Area DEV10 Delivering high quality housing DEV14 Maintaining a flexible mix of employment sites DEV16 Providing retail and town centre uses in appropriate locations DEV18 Protecting local shops and services DEV19 Provisions for local employment and skills DEV20 Place shaping and quality of the built environment DEV21 Development affecting the historic environment DEV23 Landscape character DEV26 Protecting and enhancing biodiversity and geological conservation DEV28 Trees woodlands and hedgerows DEV29 Specific provisions relating to transport DEV30 Meeting the community infrastructure needs of new homes DEV31 Waste management DEV32 Delivering low carbon development DEV35 Managing flood risk and water quality impacts DEL1 Approach to development delivery and viability, planning obligations and the CIL On 26 March 2019 of the Plymouth & South West Devon Joint Local Plan was adopted by all three of the component authorities. Following adoption, the three authorities jointly notified the Ministry of Housing, Communities and Local Government of their choice to monitor at the whole plan level. This is for the purposes of the Housing Delivery Test and the 5 Year Housing Land Supply assessment. A letter from MHCLG to the Authorities was received on 13 May 2019. This confirmed the Plymouth, South Hams and West Devon’s revised joint Housing Delivery Test Measurement as 163% and that the consequences are “None”. It confirmed that the revised HDT measurement will take effect upon receipt of the letter, as will any consequences that will apply as a result of the measurement. It also confirmed that that the letter supersedes the HDT measurements for each of the 3 local authority areas (Plymouth City, South Hams District and West Devon Borough) which Government published on 19 February 2019. Therefore a 5% buffer is applied for the purposes of calculating a 5 year land supply at a whole plan level. When applying the 5% buffer, the combined authorities can demonstrate a 5-year land supply of 6.4 years at end March 2019 (the 2019 Monitoring Point). This is set out in the Plymouth, South Hams & West Devon Local Planning Authorities’ Housing Position Statement 2019 (published 26 July 2019). The methodology and five year land supply calculations in the Housing Position Statement are based on the relevant changes in the revised National Planning Policy Framework published 19 February 2019 and updates to National Planning Practice Guidance published by the Government in OFFICIAL September 2018, subsequently amended by NPPG Housing Supply and Delivery published 22 July 2019. Other material considerations include the policies of the National Planning Policy Framework (NPPF) and guidance in Planning Practice Guidance (PPG), including the National Design Guide. Additionally, the following planning documents are also material considerations in the determination of the application: • Plymouth and South West Devon SPD Consultation Draft (November 2019). • Development Guidelines SPD (adopted April 2013) • Sustainable Development SPD (adopted July 2009) • Planning Obligations and Affordable Housing SPD (adopted 2012) In terms of weight of the SPDs, the following points should be considered in making the decision: • The Plymouth and South West Devon SPD has completed its consultation phase but can carry limited weight prior to its formal adoption. However, at best very limited weight should be given to provisions of the SPD that have objected to in a substantive way. • The adopted SPDs were set within the context of the previous development plan (Core Strategy). However, provisions of these SPDs would only carry weight where they are clearly consistent with the policies of the adopted Joint Local Plan. 8. Analysis 1. This application has been considered in the context of the development plan, the submitted Joint Local Plan, the Framework and other material policy documents as set out in Section 7. 2. Principle PLY15 of the Joint Local Plan is a site allocation policy that specifically relates to the Civic Centre as well as the Council House. The Council House does not fall within the application site. 3. The first part of the policy states: “The Civic Centre and Council House site will continue to play a key role in the civic life of Plymouth as well as providing new opportunities, through the retention of civic functions, the reuse of the existing buildings, and the delivery of new development on the existing surface level car park. New uses which will be acceptable include residential, offices, hotel, restaurants, bars, leisure and cultural uses. Provision is made for in the order of 248 new homes as part of the mix of uses.” 4. This proposal is for the retention and conversion of the Civic Centre, e.g. the reuse of the existing building. 5. The Civic Centre does not propose to retain civic functions, however the Council House will retain its civic functions. On this basis, it is considered that there is no conflict with this part of the policy. 6. This application does not include the delivery of new development of the car park but does not preclude its future development. This will be considered in greater detail under the design section below. 7. The policy then states what uses will be considered acceptable, and this is reviewed in more detail in the section below. 8. This application is for 144 residential units, short of the policy requirement, however it does not include the new build on the carpark site. This is considered in more detail further below. OFFICIAL 9. The policy then lists 5 criteria that the development should provide for, which are addressed briefly below. 10. 1. The reuse and enhancement of the listed Civic Centre and Council House. The application proposes the reuse of the Civic Centre. Whilst there is harm to the listed building, the overall scheme is considered to represent an enhancement to the listed building. The heritage considerations are detailed further in this report. 11. 2. Enhancement of the Civic Square, a registered park and garden. The application site does not include the Civic Square, however the proposals are considered to enhance the Civic Square by improvements to its setting. This is considered in more detail below. 12. 3. The retention of civic functions within the existing Council House building. As noted above, the Council House does not form part of this application and therefore the civic functions are retained. 13. 4. Active ground floor frontages to Armada Way, Royal Parade, Princess Street, Old George Street, The Bank and Theatre Royal. It is considered that this part of the policy relates more to the new build proposal in the car park, however it is acknowledged there are opportunities for active frontages for the Civic Centre. The Urban Designer has acknowledged and supported the active uses within the podium and the high level of active frontage proposed. The level of active frontage onto Royal Parade is limited, as there is no direct access from this elevation however the existing elevation is improved by removing spandrel panels and increasing the amount of glazing. Overall, it is considered that this application provides a high level of active frontages where possible and complies with this element of the policy. 14. 5. New build development on the existing surface level car park which optimises the use of the site but conserves and where appropriate enhances the historic and architectural interest and setting of the Civic Centre and Council House, Plymouth Theatre Royal and The Bank. The new build proposal is not part of this application. The need to safeguard the car park site for new development is discussed further in paragraphs 110 -112 below. 15. Uses Policy PLY15 advises a number of uses are acceptable: Residential, offices, hotel, restaurants, bars, leisure and cultural uses A total of 3791sqm of commercial uses are proposed in the podium, north and south block of the Civic Centre. The proposed uses are considered separately below. 16. A1 retail Retail is not listed under Policy PLY15 as an acceptable use, however the site is located within the city centre boundary and therefore retail is supported in this location in accordance with SPT5, SPT6, PLY1, PLY6, DEV16 and DEV18. Any retail could support the food, drink and leisure offer at the building. On this basis, there is not considered to be any requirement for a maximum retail floor space condition. 17. A2 and B1 offices Offices are listed as an acceptable use within policy PLY15, and as a main town centre use also complies with SPT4, SPT6, PLY1 and PLY6. It is also the existing use of the building. 18. Economic Development have raised concern at the overall reduction of offices within the scheme from the existing provision. However site allocation policy PLY15 does not require a minimum provision of offices to be provided on this site, and on this basis there is no objection to the amount of office floor space proposed. OFFICIAL the conversion and bringing the building back into use, will have a substantial impact upon the appearance and vibrancy of the city centre. 41. PLY22 ‘Cultural Quarters’ supports cultural development proposals in three cultural hubs. One of these hubs, the city centre hub, includes Royal Parade. This application includes D1 provision for art galleries. In addition the scheme which provides links to the Theatre Royal and food and drink uses, has the potential to support this area as a vibrant cultural quarter. 42. Notwithstanding the detailed heritage considerations below, the principle of development is considered to be acceptable. In addition, the proposal is considered to have a positive impact upon the city centre, in accordance with SPT5, SPT6, PLY1, PLY2, PLY6, PLY21, PLY22, DEV16 and DEV18. 43. Heritage – Listed Building This application proposes works to a Grade II listed building. As the NPPF places great weight on the conservation of heritage assets, this should be given considerable importance and weight. Consideration is also given to JLP policy DEV 21 ‘Development affecting the historic environment’ and SPT11 ‘Strategic approach to the historic environment’. There is a duty under Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, in considering whether to grant planning permission for development which affects a listed building or its setting to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. The works to the listed building are reviewed below. The assessment below has been informed by the comprehensive heritage statement submitted with the application. 44. As a procedural point, the 20th Century Society has objected to the associated listed building application. These comments are addressed in this report. 45. Structural A structural statement has been submitted with this application, this states that the externally exposed reinforced concrete structure is in a poor condition. Detailed inspections have been carried which has identified the amount of corrosion, caused by chlorine attack, and has proposed a programme of targeted reinforcement repairs including localised strengthening in certain areas. 46. Tower - Tower Use Historic England (HE) have acknowledged that converting the tower to residential will give rise to a level of harm to the historical significance of the building, as it will lose its intended civic function. However it is also acknowledged that by bringing residential into the city centre this will have a positive impact by bringing new life into the city centre, and potentially changing attitudes towards post war heritage. 47. Tower - Internal works to tower Internally, each floor is proposed to be divided into residential units (13 to 15 units on each floor). The subdivision of the previously open plan offices will change the character of the listed building. HE have not raised any concerns with regard to the internal subdivision and have stated “The open-plan former office spaces within the tower and North block are of very little interest and can easily be subdivided for new uses with no impact on significance.” In addition the C20th Society support this aspect of the proposal. It is considered that the works to convert the tower to residential will not harm the significance of the listed building. 48. Tower - Loss of existing east and west façades The most significant intervention to the tower is the new cladding and window elements, e.g. the façade design, on the east and west elevation. Following inspections and surveys, it is stated that the OFFICIAL single glazed units and concrete cladding panels are beyond their original design life and in need of replacement. This is accepted by Historic England, who have confirmed that the need to replace the east and west elevations was confirmed in a specialist report they commissioned in 2007. The C20th Society have also not objected in principle to the loss of the existing façade. 49. The loss of the two existing elevation façades will represent a significant loss of historic fabric. As well as the glazing, the concrete and Portland stone mullions are also proposed to be replaced. However HE has advised that they consider “the significance of the façades lies more in their design than their actual fabric.” NPPF para 194 states that any harm or loss of significance to a heritage asset requires clear and convincing justification and that substantial harm or loss of grade II listed buildings should be exceptional. It is considered that the loss of the façades have been justified through surveys of the building. It is acknowledged this is very much an exceptional circumstance where the total replacement of two façades of a listed building is considered acceptable by HE, C20th Society and the LPA HEO. In this case it has been accepted, and therefore the key consideration is the design of the replacement façades. 50. Tower - Proposed replacement of east and west façades The proposed replacement façades are not like for like replacements. The proposed replacement scheme is full-height floor to ceiling glazing. This will include a high level transom, a central mullion and recessed top lights, all of which seeks to reflect an element of the original design. The vertical pilasters and spandrel panels between floors will be clad in fibre cement panels to try and reflect the texture and colour of the original design. The new glazing will be double glazed. 51. The proposed replacement façade design was a key area of negotiation in the pre-application process, and the current proposal is the result of this negotiation. HE have considered whether the façades should be replicas of the existing and have concluded that “we think it is appropriate for the new façade system to reference the existing, but not slavishly copy it.” The new cladding panels are smaller in depth than the original panels but will still provide an opportunity to reinstate the Fibonacci sequence (explained further in para 58 below). The “clerestorey” window (high section of wall that contains windows above eye level)/top lights of the glazing will be recessed from the main glazing façade. This will provide some depth, and HE states this will recreate some of the characteristic relief of the original façade. 52. The C20th Society have objected to the proposed façade design. They have stated that the need to replace the existing glazing is not justification to introduce floor to ceiling glazing and to depart from the original design. The C20th Society consider the existing proportions and materials give a sense of rhythm and textural detail to the tower. They consider that the proposals to change the design, including the increased height of glazing, the reduction in depth of the spandrel panels, introducing bronze coloured frames and reducing the depth of the set back of the top lights, will result in “substantial harm to the buildings architectural and historic significance.” The C20th Society go on to state these changes will have a far reaching impact due to the buildings prominence within the city, and that “Departure from original design concepts and materials that identify the building’s age, purpose and quality will harm its historic value as evidence of the ambition and investment of the City Council in their plan for Plymouth’s reconstruction following WWII.” 53. It is considered that the loss of the existing façades and proposed replacement will result in harm. In accordance with the NPPF, it is required to determine whether the works will result in substantial harm or less than substantial harm, and then apply the relevant tests. The C20th Society consider the proposal to result in substantial harm, therefore para 195 of the NPPF will apply. 54. Paragraph 195 states “Where a proposed development will lead to substantial harm to (or total loss of significance of) a designated heritage asset, local planning authorities should refuse OFFICIAL consent, unless it can be demonstrated that the substantial harm or total loss is necessary to achieve substantial public benefits that outweigh that harm or loss, or all of the following apply: a) the nature of the heritage asset prevents all reasonable uses of the site; and b) no viable use of the heritage asset itself can be found in the medium term through appropriate marketing that will enable its conservation; and c) conservation by grant-funding or some form of not for profit, charitable or public ownership is demonstrably not possible; and d) the harm or loss is outweighed by the benefit of bringing the site back into use.” 55. HE consider that the works are less than substantial harm, and therefore para 196 applies: “ Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use.” 56. In order to address C20th Society objection to the facade, their comments are broken down below with consideration given to their areas of concern. 57. Façade design – Proportions The C20th Society object to the departure “from the architects original design intentions” e.g. the increased height of glazing and reduction in depth of spandrel panels. In terms of the full height glazing, the Councils Urban Designer has confirmed that the original design intention by Hector Stirling was full height glazing, and therefore it could be considered that the proposal is more in keeping with the architects original design intentions. Notwithstanding this, it is considered that the change in proportions will have a harmful impact upon the significance of the building. 58. Façade design – Materials The granite spandrel panels are a key feature of the façade. The list description states “The green granite panels below the windows are also modulated with a slight variation of colour and arranged in a series in a Fibonacci system of harmonic proportions which was intended to symbolise the diversity of activities within the building and alleviate the monotony of what otherwise is a uniform façade.” The Old Plymouth Society’s book on the Civic Centre defines the Fibonacci sequence as “a series of numbers that is related to the golden ratio and in which each number is the sum of the two proceeding numbers”. HE state in their comments that the Fibonacci pattern was intended to symbolise the diversity of activities within the building. It is proposed to reinstate the variation of the colour of cladding to reinstate the Fibonacci sequencing pattern. This is considered to enhance and better reveal the significance of the building, as the pattern is not currently obvious and has faded due to weathering over the years. 59. As noted above HE considers the design to have more significance than the fabric of the building. It is noted that the proposed cladding material will not be able to be granite aggregate panels as per the existing, due to structural constraints. It is suggested by the applicants that the fibre cement cladding is the only viable alternative that complies with post Grenfell requirements. Building Control advise that residential buildings over 18m should be made of non combustible materials. In principle fibre cement is a non-combustible material, however Building Control will need further details to agree the exact material including manufacturers specification, proposed insulation and how it will be installed and affixed. This will need to be reviewed through the Building Control process. HE have recommended a condition to request and agree the cladding material, and this has been included within the proposed detailed design and external materials condition, as well as the listed building consent. 60. The glazing is proposed to be bronze coloured marine grade powder coated aluminium frames. The existing window units are metal windows. The C20th Society’s comments appears to object to the colour, as opposed to the material. The change in colour will impact upon the OFFICIAL 74. North block works The north block consists of the ground and first floor accommodation to the north of the tower and adjacent to Royal Parade. This area is proposed for the mix of commercial uses as outlined previously. 75. Internally, a new lift and stair core is proposed to be created at the east end of the building. The existing central stair core is retained with a new lift installed. The first floor is already largely open plan due to a previous application, however there are some further removal of internal partitions, including original masonry on both the ground and first floor. 76. On the north/Royal Parade elevation, the existing glazing and aluminium curtain walling will be retained, although the lower spandrel panels will be replaced with clear glazing. The concrete panels will be made good, and concrete block painted grey. The east/Armada Way elevation proposes new double height glazing. The existing pre cast concrete will be made good and cleaned. The south/new civic square elevation will largely be a new elevation, consisting of a glazed façade within existing mullions at the first floor level, and a new aluminium glazed system at the ground floor. The existing murano glass columns are proposed to be retained and repaired where necessary. 77. Overall, the works to the north block are considered to be sensitive in nature. The introduction of glazing will impact upon the appearance of the building, however this is not considered to give rise to any harm. 78. South block works The south block consists of the ground and first floor accommodation to the south of the main tower which incorporates the previous staff entrance to the building and the first floor links across to the council house. This area is proposed for the mix of commercial uses as outlined previously, as well as the access to the residential units. 79. The existing lift core and south block stairs are retained. There is a new ramped access to new entrance lobby doors and glazing on the south elevation, as well as retaining the existing timber glazing system. Internally, works are proposed to remove internal partitions, including original masonry. At the first floor there are number of offices with timber panelling, which are proposed to be removed. 80. On the east/Armada Way elevation the delabole slate panels are proposed to be retained and repaired at the ground floor level. At the first floor, which includes the bridge link across to the Council House, the existing glazing is proposed to be retained and repaired. The north elevation/new civic square elevation proposes new aluminium glazing system at the ground floor. As per the north block, the existing murano glass columns are proposed to be retained and repaired where necessary. At the first level there are some new glazed openings, combined with the re-use of existing aggregate panels proposed to be painted grey. The existing south elevation proposes to retain and repair the delabole slate panels as well as an area of aluminium glazing where one corner where the 1980s extension is proposed to be demolished. At the first floor, which includes the bridge link across to the Council House, the existing glazing is proposed to be retained and repaired. At the first floor, the internal courtyard elevation proposes to retain and repair the existing glazing system, and glazing the lower panel. Ventilation and extraction for the commercial uses is proposed to be incorporated into plant compounds proposed on the roof of the north and south blocks. These are proposed to be screened by dark grey mesh. 81. The most significant intervention to the south block is the glazed extension. The extension is proposed at the ground floor to the west of the south block, extends towards the council house and partially encloses the courtyard and pool. The design of the extension is proposed to be lightweight with full height glazing. In support of the proposal it is suggested that the extension will create some OFFICIAL activity in the courtyard whilst also providing some shelter when accessing the residential or commercial units. 82. The C20th Society has objected to this extension as it is considered it will block views through the undercroft space and reduce the sense of openness, characteristics of Jellicoe’s design. HE state that “the glazed pavilion will terminate the southern undercroft in a logical manner, with a form of construction that is recognisably new and reversible; should the development of the adjacent car park ever proceed and it then becomes desirable for the southern undercroft to become more visually permeable.” 83. The submitted heritage statement justifies the extension with the following comment “while there is nothing intrinsically sacrosanct about the design of the courtyard, the extension – despite its transparency – will partly close off the open space within the complex from the Civic Square, affecting their designed continuity and connectivity”. On this basis, it is considered that there will be harm resulting from the extension, however it is considered that this will give rise to less than substantial harm. 84. Heritage – Council House The Council House forms part of the same listed building, although now separated from the Civic Centre in terms of use, and not included within the application site. On this basis, the impact is considered in terms of the impact on the building itself and its setting. The works of repair to the link bridges and proposed elevational treatment are not considered to harm the significance of the Council House. The proposed glazed extension extends towards the Council House and therefore has more potential to impact upon the setting. The form and size of the extension is such that it does not encroach any further than the edge of the pool. It is considered that these proportions and the lightweight design help to mitigate the impact of the extension. Notwithstanding this, it is considered that this will give rise to less than substantial harm to the listed Council House, through the partial enclosure of the currently open space. 85. Heritage – Setting of Listed Buildings The Guildhall is a Grade II listed building located to the east of the Civic Centre. The works to the Civic Centre are not considered to harm the significance of the setting of this listed building. The landscape works are considered to have a minor impact which improves the setting of this listed building. 86. The Theatre Royal is a Grade II listed building located to the west of the Civic Centre. The works to the Civic Centre are not considered to harm the significance of the setting of this listed building. The works to remove the harmful 1980s extension and changes to the west elevation of the Civic Centre including the proposed staircase link are considered to improve the setting of this listed building. 87. The Bank public house and clock tower are Grade II listed buildings located to the west of the Civic Centre. The works to the Civic Centre are not considered to harm the setting or significance of these listed buildings. 88. 22, 23 and 24 Lockyer Street are Grade II listed buildings located to the south west of the Civic Centre. The works to the Civic Centre are not considered to harm the setting or significance of these listed buildings. 89. The Former Barclays Bank building is a Grade II listed building located to the southeast of the Civic Centre. The works to the Civic Centre are not considered to harm the setting or significance of these listed buildings. OFFICIAL 90. Heritage – Changes to and Setting of Listed Park and Garden The application site includes part of the Civic Square which is a listed park and garden. This area includes the pool that sits between the Civic Centre and Council House. Works are proposed to this pool, by raising the bed to decrease the depth with a new reflective stone finish in order to increase the intended reflective nature of this pool. In addition stepping stone slabs will be added to create additional access to the residential and commercial uses. Existing finishes such as the raised planter, east lawn and cobbles will be retained. These works are considered to enhance the significance of the listed park and garden. 91. The glazed extension is located within the listed park and garden, and will encroach into the open space between the Civic Centre building and Council House, and will give rise to less than substantial harm. 92. The listed park and garden includes the Civic Square to the east of the Civic Centre. Whilst this is not included as part of the application site, the setting needs to be considered. The works as detailed above and the creation of a new area of public realm beneath the tower of the Civic Centre is considered to enhance the setting of the Civic Square. 93. The Gardens Trust are statutory consultees and have advised they are “happy to support the proposals.” 94. HE have commented that it is regrettable that works to enhance the wider Civic Square are not included as part of these proposals, but understand these works will come under PCC Better Places initiative. The landscape condition will ensure details are consistent with the Better Places scheme, when this is delivered. 95. Overall, it is considered that the modest level of harm to the significance of the park and garden through the glazed extension, is outweighed by the improvements to the reflective pool which will enhance the features of special architectural interest. 96. Heritage – Conservation Areas There is a duty under Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to pay special attention to the preservation or enhancement of the character of the surrounding conservation area. During the course of this application, a city centre conservation area has been designated, which includes the Civic Centre. The conservation area is centred around Royal Parade and the Civic Square. There is no Conservation Area Appraisal and Management Plan to inform this consideration as required by JLP policy DEV21, but the following is based upon the “designation assessment” that was produced to enable the designation of the conservation area. The conservation area is focused on the post war development as part of the ‘Plan for Plymouth’ and the Civic Centre is a key part of this significance. The beaux arts grid is another element of significance. It is considered that the proposal for conversion of a highly significant building, which respects the current layout of the conservation area is considered to preserve and enhance the character and appearance of the conservation area. 97. The proposed elevational changes to the Civic Centre will give rise to harm upon the character of the conservation area. It is considered that as the proposal will be deviating from the original appearance of a highly prominent building, it will not preserve the character of the conservation area. The proposed residential use of the building also deviates away from the originally planned use, which formed part of the zoning and another element of character of the ‘Plan for Plymouth’. ` OFFICIAL is addressed in para 13 above. This section will focus on areas where queries have been raised by the Urban Designer. 110. The key area of consideration raised by the Urban Designer is in relation to safeguarding the future development of the car park site. As noted above, PLY15 includes provision for new build development on the car park site. On this basis an indicative plan has been provided within the Design and Access statement. The Urban Designer has raised concerns with this plan, however it is important to note that this plan does not form part of the planning application at this stage. It has been submitted to show that the car park site could be developed at a later date. 111. The main consideration of the proposal and impact upon the future development, is the use of the public car park. The concern raised by the Urban Designer is that there is a risk that the current scheme would create a reliance on the car park as residential and commercial uses, visitors and staff come to depend upon it and this dependence could create a disincentive to deliver development on the car park. The Urban Designer recommends that sufficient land should be set aside as part of this scheme now, to enable future development to be delivered in a successful way. 112. The residential parking is proposed within the basement of the Civic Centre, and therefore should not impact upon the future ability to deliver the car park site, subject to providing suitable access. Whilst it would be preferable to set aside the future development plot, it is not considered that the continued use as a public car park will prevent the future delivery of this plot. A condition can be recommended to ensure that the open car park remains unallocated to residents or occupants of the building and that no changes are made to the car park or building which prejudice the future redevelopment potential of the car park. 113. The other area of consideration is the west elevation of the podium deck, including garage and service doors which front onto the Theatre Royal. This is not considered ideal in urban design terms. However consideration is given to the fact that this elevation will be improved through the removal of the 1980s extension and the installation of the steps and slide and therefore there is no objection to this elevation design. 114. DEV20 requires using materials and design solutions that are resilient to their context and to endure over time. The Urban Designers comment relating to polyester powder coatings proposed for windows mainly relates to their durability within the marine context. It is noted that the windows are proposed to be marine grade. A condition is recommended to deal with maintenance of the building, and would address this comment. This condition also addresses the Urban Designers comment with regard to the areas proposed to be painted. Further conditions are recommended in relation to details of the materials and finishes and coatings, the prevention of further roof equipment and prevention of window vinyl’s on the building’s active frontages. This will support the application in complying with DEV20, by ensuring materials are resilient to context and will endure over time. 115. Through the conversion of the listed building, retention of trees and enhancement of the listed park and garden, it is considered that the development has had proper regard to the pattern of local development and achieves a good quality sense of place. It is also considered that the works to enhance the building and public realm will contribute towards rectifying and repairing the townscape. 116. During the course of the process a microclimatic study has been requested in order to assess the effect of the wind speeds resulting from the various demolitions upon the new Civic Square. This has the potential to impact upon pedestrians at ground floor level. In response to this concern, a study has not been produced, however a statement has been submitted suggesting that any prevailing wind would be sheltered by Theatre Royal and car park, the retention of a balcony and new structures in the public realm will help to dissipate any wind force through this area and the size of OFFICIAL the new aperture will a larger 8m high space which should prevent any funnelling effect. The statement commits to monitoring the situation. As this does not fully address officers concerns a condition is recommend to ensure any issues are dealt with on site, including a review pre- occupation/post demolition of the undercroft. 117. DEV20 ‘Place shaping and the quality of the built environment’ is applicable. It is considered the scheme will contribute towards a quality sense of place and character through the use of the listed building, listed park and garden and surrounding landscape (criteria 3). The works to improve the reflective pool is considered to repair part of the damaged environment (criteria 7). It will enhance the appearance of a key gateway location at the heart of the city centre (criteria 8). Overall, the proposal is considered to comply with DEV20. It is also considered that the application complies with the National Design Guide. 118. Designing Out Crime The Design and Access Statement includes a statement on secure by design. The key considerations are that the site will have plenty of natural surveillance due to layout, design and the mixed use nature of development. There will be outside lighting, secure cycle parking, refuse storage and a building management company on site. The residential will have secure by design entrance doors and remote camera access on communal areas. 119. The Designing Out Crime Officer has supported this application. The only recommendation is in relation to the proposed roller shutter doors to the under croft car park, which should meet certain security standards. It is proposed to deal with this detail through a planning condition. The application is considered to comply with DEV10 and DEV20 through the consideration of designing out crime within the scheme. 120. Landscape The proposal includes the creation of a new area of public realm, through the removal of the undercroft of the reception area and 1980s extension. The plans refer to this as the New Civic Square. This area is proposed to be hard landscaped, with large areas of outside seating and trees planted in planters. Due to the change in levels, there is a stepped and ramped access from the existing Civic Square. This area will then act as a main point of access to the commercial units. 121. The materials proposed for the new Civic Square are a mix of new concrete paving and new granite paving as an alternative paving type to treat the areas around the trees and seating areas. Along the east elevation the material has not been clarified in order to leave flexibility so it can be reviewed and agreed in line with the Better Places scheme. There is no objection to this approach, which is dealt with by the proposed landscape condition. This condition along with the phasing condition, will also address Historic England’s comments which advise phasing needs to be considered. For clarity the Better Places scheme is a council initiative to renew and rejuvenating open spaces and pedestrian areas within the city centre, including the Civic Square. 122. As noted previously, the terrazzo floor will be retained under a resin finish. The material proposed between the Council House and south block is stated to be refurbishment and the reuse of existing surface treatment. 123. The landscape scheme will involve the loss of 4 trees to the east of the Civic Centre. A tree survey has been submitted in support of this application. This identifies the trees to be removed as Cherry tree group (two trees) and Norway Maple as Category C trees which means trees of low quality and value. The other trees to be removed, a Turkey Oak and Roble Beech, are noted a category U which are in such a poor condition that they cannot be retained. On this basis there is no objection to the loss of these trees which are not of sufficient quality or longevity for retention. OFFICIAL 124. Notwithstanding this, mitigation is required for the loss of these trees in terms of biodiversity, which is detailed later in this report. This mitigation has resulted in 4 trees proposed to be planted to the north of the application site along the Royal Parade elevation. All other trees, including those along Royal Parade are proposed to be retained. The landscape plan refers to pollarding, and conditions are recommended to agree any tree works and to protect trees during construction. 125. In addition 20 trees are proposed to be planted within the hard landscape within planters. The maintenance of these trees will be important to ensure they are retained. A landscape management plan condition and condition requiring the retention of these trees is recommended on this basis. 126. The landscape works between the Council House and south block are largely enhancing the features that are there, including the reflective pool, refurbishing the planter and grassed area. Details have not been provided of the steps across the pool which is proposed to be dealt with by condition. 127. The car park is proposed to be retained, albeit with new markings as required. The planter that runs around the edge of the site is proposed to be retained. The new stair case and slide will require some alteration to the existing planters. 128. Overall, it is considered that with the provision of conditions, the landscape scheme complies with DEV20 (5), DEV23 Landscape Character and DEV28 Trees woodlands and hedgerows. 129. Amenity Future residents The proposed units are considered to have sufficient daylight, sunlight and outlook. Whilst there are a number of single aspect units, the increased amount of glazing serving these units is considered to allow for sufficient levels of sun and day light. There will be no significant issues of overshadowing affecting these units. The development will be fully accessible for residents, including the roof terrace. 130. One of the considerations of DEV1 ‘Protecting Health and Amenity’ requires that new development provides for the protection from noise disturbance for new residents. DEV 2 ‘Air, water, soil, noise, land and light’ states development should avoid harmful environmental impacts for new development arising from noise pollution. An acoustic report has been submitted with this application and Public Protection Service (PPS) consulted on this basis. PPS have reviewed this report and are in agreement with its conclusion. PPS requested a condition requiring the units to be constructed to a British Standard (BS) that focuses on sound insulation against externally generated noise. However this condition was rejected by the applicants as it is stated the development cannot be delivered in accordance with the BS criteria which is assessed in more detailed below. 131. The BS relates to externally generated noise. The acoustic report indicates that the prevailing noise from outside the building is at a level which means the development needs to include mitigation. The required amount of sound insulation can be achieved through an enhanced glazing specification. This means that the BS can be met with the windows shut. 132. However, the proposal does not include ventilation to address the overheating of the residential units, and it is proposed this would be addressed through opening windows. This subsequently means that the noise impact with open windows needs to be assessed, and it is in this instance that the development does not meet the BS. The noise impact from outside will mean that on days requiring an open window, residents are likely be subject to a noise impact above the BS level. OFFICIAL Build for Sale 20% Profit on GDV has a deficit of £5.5m Private Rented Sector (Build To Rent) has a deficit of £6.3m 149. This indicates that affordable housing, along with other contributions, would not be viable in any instance. 150. Vacant Building Credit has been applied to this application in accordance with the NPPF which states in para 63 “To support the re-use of brownfield land, where vacant buildings are being reused or redeveloped, any affordable housing contribution due should be reduced by a proportionate amount”. The NPPG further states “Where a vacant building is brought back into any lawful use, or is demolished to be replaced by a new building, the developer should be offered a financial credit equivalent to the existing gross floorspace of relevant vacant buildings when the local planning authority calculates any affordable housing contribution which will be sought.” As there is no increase in floor space above the current vacant building, this reduces the affordable housing requirement to nil. On this basis, whilst it is regrettable that there is no affordable housing provided as part of this development as this would be beneficial to meet a defined need in the city, this lack of provision is in accordance with the NPPF, which is considered to outweigh the local policy requirements. 151. National Described Space Standards (NDSS) and amenity DEV 10 (5) requires “New dwellings (including conversions of existing properties into flats) should be of sufficient size and layout to provide good quality accommodation to meet the needs of their occupants, with developers required to meet Nationally Described Space Standards.” The NPPF states in a footnote (46) that policies may make use of nationally described space standards where the need for internal space can be justified. 152. A schedule of accommodation has been provided. 69 units comply with National Described Space Standards (NDSS) (when assessing against ‘1 bed 1 person’ and ‘2 bed 3 person’ criteria). The remaining 75 units do not comply, meaning there is a 47% compliance with NDSS when assessing against the lower criteria. 153. There are 4 x 3 bed apartments. The NDSS requirements for these are 86sqm, and all the 3 bed units proposed exceed this at 98sqm. 154. The majority of the 1 bed apartments comply with NDSS (‘1 bed 1 person’ requires 37sqm), with 65 out of 69 units complying. The 4 units that do not comply are less than 2 sqm less than the NDSS, e.g. 35.1 and 35.2 sqm. It is considered that this is only slightly under the required NDSS, but nevertheless, does not fully comply. The Design and Access Statement advises that the apartments have been designed as open plan with entrance lobbies omitted (using a fire engineered strategy) to maximise usable space and efficiencies. 155. None of the 71 x ‘2 bed 3 person’ apartments comply with NDSS. The requirement is 61sqm for a 3 person unit. The size of the apartments range from 48.3sqm to 60.4sqm. Please find a summary below. 8 units at 48.3 sqm (-12.7 sqm) 11 units at 50.5 sqm (-10.5 sqm) 8 units at 54.4 sqm (-6.6 sqm) 8 units at 56.2 sqm (-4.8 sqm) 21 units at 57.1 sqm (-3.9 sqm) 3 units at 57.8 sqm (-3.2 sqm) 12 units at 60.3/4 sqm (-0.6/7 sqm ) OFFICIAL 156. The smallest 2 bed units are 48.3 sqm, which is significantly below the NDSS, whereas 60.3 sqm is only just below the required floor space. 157. If considering against the more stringent ‘1 bed 2 person’ and ‘2 bed 4 person’ criteria, none of the 1 or 2 bed units comply with the requirements which are: ‘1 bed 2 person’ 50 sqm ‘2 bed 4 person’ 70sqm This would mean the scheme would equate to less than 3% compliance with NDSS. 158. One of the reasons given regarding why NDSS cannot be achieved is that the office floors are constrained by existing bay widths, internal column locations and the north and south cores. Referring to the emerging consultation draft SPD, this states that a relaxed standard may be allowed in exceptional circumstances, “for example, for the conversion of a listed building or another building where bringing it back into use is considered a greater benefit”. The restrictions of the listed building are acknowledged partially as justification for why NDSS cannot be met. 159. The viability of the development is given as another justification why NDSS cannot be met. If the number of units were reduced, or units changed from 2 bed to 1 bed, this would have a negative impact upon viability and deliverability. Again referring back to the emerging consultation draft SPD it also states that “where a relaxed standard is permitted, significant justification may be required through a viability statement.” It is considered that this application represents ones of these exceptional circumstances and the viability is considered a material consideration for justifying why NDSS cannot be met. 160. Additional information has also been submitted which has noted that the applicants other development in Mills Bakery, Royal William Yard included micro apartments, which averaged 32sqm. It is stated that these were popular in terms of sales and rentals. 161. In order to try and mitigate this, the Design and Access Statement advises that space savings have been made by the omission of entry lobbies, the adoption of fully open plan living spaces and the provision of sliding screens to allow flexible living arrangements and room configurations. The sliding door arrangement on one of the bedrooms, means that a 2 bed unit could be converted to more open plan 1 bed unit by the occupant if that was their preference. 162. Another consideration is the extent of communal amenity space also proposed. The roof is proposed as a communal amenity space. The existing roof structure is retained and converted to two dining rooms and kitchen which can be hired out, a winter garden room, and the remaining roof space retained as a roof terrace. The adopted Development Guidelines SPD and emerging consultation draft SPD requires 745 sqm. The roof terrace will provide approx. 800sqm of amenity space (16m x 50m) and therefore complies with the planning guidance. 163. It is considered that the various forms of amenity space on the roof helps to address the shortfall in NDSS. This area will provide additional inside space for all residents to use in all seasons. 164. Overall, it is considered that there is mitigation in place for the undersized units, which will mean there is sufficient amenity for future residents. The justification for not meeting the standards as detailed above are also in accordance with the emerging SPD. This matter is further reviewed in the planning balance in para 220-225 below. 165. Accessible and adaptable dwellings DEV9 requires at least 20% of dwellings on all schemes of 5 or more dwellings, where practicable to meet standards for accessibility and adaptability (Category M4(2) of building regulations). The design and access statement confirms that 28 of the apartments will meet the M4(2) requirements for OFFICIAL accessible and adaptable dwellings. These are noted to be a mix of 1, 2 and 3 bed units, with 1 and 2 bed units provided on each floor. This complies with the requirements of DEV9. 166. DEV9 also requires at least 2% of dwellings on all schemes of 50 or more to meet national standards for wheelchair user homes (Category M4(3) of building regulations). This would equate to 3 of the units required to meet this standard. The original submission did not seek to address this policy requirement. Further information has been submitted that confirms that the application is unable to meet this policy criteria, and seeks to justify this on the grounds outlined below. 167. It is stated that the existing structure creates constraints which means that accommodating the required increased circulation space or access widths is challenging and inefficient. This means that by changing any of the 1 or 2 bed apartments to M4(3), this would require the loss of total apartment numbers. As the viability statement demonstrates the economic shortfall in the viability, any reduction in apartment numbers will further impact upon viability and deliverability. 168. In order to create M4(3) compliant units without changing apartment numbers, the 3 bed units will be required to become 2 bed units, which would also impact upon viability. However, it is stated that the 3 bed units have been designed so that they could be converted to a 2 bed category M4(3) unit through internal alterations, such as wheelchair storage and transfer space, extended kitchen worktops, and replacement of sanitary ware and door handles to DDA compliant. Whilst the 3 bed units could be converted to 2 bed category M4(3) units, as these will not be delivered as M4(3) compliant properties, the scheme does not fully comply with DEV9. 169. Overall, the proposal partly complies with policy DEV9 through the provision of 28 M4(2) units, however does not comply with the requirements for 3 x M4(3) units (wheelchair accessible). This is considered on balance to be acceptable, taking account of the viability issues, and also that it would be possible in the future to convert to M4(3) if required. 170. Highway and Parking Impacts A Transport Statement has been submitted with this application, which has been reviewed by the Highways Authority. As noted previously, the site is located in a highly sustainable city centre location, adjacent to city centre bus stops. The existing use as offices generated more trips than the proposed uses. The Highways Authority have advised that the commercial elements of the proposed scheme are unlikely to be a significant generator of trips in their own right, and will form part of linked trips to the city centre. 171. 43 parking spaces are proposed to serve the residential units. Given the sustainable location immediately adjacent to the city’s bus services on Royal Parade, and availability of public car parks close to the site, this level of parking provision is considered acceptable by the Highways Authority. This parking is provided for in the basement and will help to safeguard the future development of the car park site. As part of this application, the public car park is proposed to be retained, with some changes to layout. This will mean there will be a slight reduction in spaces from 108 to 104. 172. Consideration has been given to the provision of Electric Vehicle Charging (EVC) spaces. The originally submitted plans proposed 4 EVC spaces in the public surface car park and no EVC in the residential basement parking area. Following request for additional EVC Spaces, an EVC Statement has been prepared. This reviewed various options for providing EVC spaces including the viability of different options. The emerging consultation draft SPD requires at least 25% of parking bays to be provided with “dedicated freestanding weatherproof standard charging points.” 50% of all other spaces to be serviced with passive wring to allow future charging point collection. The Highway Authority have requested 10 EVC spaces within the residential parking area and agreed the 4 spaces in the public surface car park. OFFICIAL tight window construction and u values which meet current building regulations. Daylight levels will be improved through the implementation of increased areas of high performance glazing. On this basis it is considered that the proposal has used design to help to reduce the energy load of the development. 189. 5. All major development proposals should incorporate low carbon or renewable energy generation to achieve regulated carbon emissions levels of 20 per cent less than that required to comply with Building Regulations Part L. There is no renewable energy generation proposed as part of this scheme. However this is considered acceptable on the basis that the scheme addressees district heating requirements, as per criteria 6 below. Separate to this application there has been a number of boreholes located within the civic centre boundary, which is exploring the potential provision of a heat source for District Heating for the city centre. The boreholes are not included within this application. 190. 6. Developments will be required to connect to existing district energy networks in the locality or, where there is a future network planned, to be designed to be capable of connection to that network. Where appropriate, proportionate contributions will be to enable a network to be established or completed. An area of negotiation in this application has been attempts to secure a fully compliant scheme that connects to the future district energy network. The establishment of a district heat network within the city centre has been a policy requirement since the city centre area action plan, adopted in 2010. Since then various applications in the city centre have been future proofed for connection to district heat network and S106 contributions sought towards the provision of a district energy within the city centre. The Plymouth City Wide District Heating Strategy, which formed part of the evidence base for the JLP, has identified the city centre as a strategic cluster location for district heating, acknowledging the existing heat network at the Guildhall. On this basis, it is considered that the compliance with this part of DEV32 is the priority for this site, above provision of renewable energy. The Low Carbon team have advised that compliance with DEV32.6 should be prioritised above compliance with DEV32.5 e.g. the provision of renewable energy generation. 191. The amended sustainability strategy proposes a Low Temperature Hot Water (LTHW) heating system serving the space heating and domestic hot water requirement for the residential apartments. The gas fired LTHW heating system will be installed in the basement to serve the residential space heating and domestic hot water demand. This system will be designed to be suitable for future connection to a district heating scheme when it is available. This means the residential units will now be capable of future connection to a district energy network. In addition, it is stated that the podium commercial units could be connected to the District Heating system. 192. The basement plan includes an area proposed for plant and maintenance space. This is proposed for use as the district energy centre. An updated sustainability statement has included an annotated basement plan. This has identified areas within the basement for the energy centre and various services for the Civic Centre. It has also identified potential areas for additional plant space for the energy centre and the routes for connecting the energy centre off site. The provision of space within the basement for the energy centre is considered to constitute a proportionate contribution, which will help to establish the provision of a district energy centre within the city centre. 193. A number of conditions and informatives have been proposed to deal with the provision of District Heating, including the timing for the delivery of District Energy infrastructure, the safeguarding of various routes for the infrastructure, details of secondary design for the residential connection to District Energy and safeguarding space in the basement for the energy centre. OFFICIAL 194. On the basis of the above, it is now considered that the proposal has been designed to be capable of connection to a district heating network. By providing space for an energy centre and future proofing the scheme for future connection to a district heating scheme, this application will contribute towards the provision of district heating within the city centre. 195. In the circumstance that the energy centre is not provided for, and/or the scheme is not future proofed for district heat connection, a S106 contribution is included within the overage provisions. 196. On the basis of all the above the proposal is considered to comply with SPT1, DEV32 and PLY6 (12). 197. The NPPF (para 153) states that when determining applications new development should comply with any development plan policies on local requirements for decentralised energy supply unless it can be demonstrated by the applicant, having regard to the type of development involved and its design, that this is not feasible or viable. In this case, the proposal has demonstrated compliance with the relevant development plan policy DEV32. 198. Consideration has also been given to the heritage implications of the provision of District Heating. The main works are proposed in the basement. The proposed condition requires an amended basement plan. As the basement is not considered to have any particular significance, it is not considered that any amendments here would impact upon the listed building. The associated works including routes within the building does have the potential to impact upon the listed building, and the associated listed building consent includes provision for details including ventilation, servicing and plant, as well as final details of the basement area in order to ensure the works do not impact upon the features of special architectural or historic interest. 199. Flood Risk and Drainage The site is located within flood zone 1 (lowest risk of fluvial flooding), but is located within a critical drainage area. A flood risk assessment has been submitted with this application. This identifies part of the site, the area of car park next to the basement, to be susceptible to flooding. It also identifies a potential risk of sewer flooding, given the developed nature of the area and the use of the existing drainage system. The drainage strategy has ruled out the use of underground attenuation, as it is stated that this could prevent the future development of the car park site. 200. The updated drainage strategy proposes oversized pipes that will allow for a storm event. It also proposes an area of permeable paving. This will mean there will be an overall reduction of impermeable area drainage. This will result in a reduction in downstream flood risk. This reduction is required, as this will counter an increase in foul discharge. 201. Consultation has been undertaken with the Environment Agency (EA), South West Water (SWW) and Lead Local Flood Authority (LLFA). SWW have confirmed their agreement for the development to connect to the combined sewer, including the specified discharge rates. 202. The Environment Agency have raised that the LLFA comments should be considered prior to determining the application. The EA want to ensure that consideration has been given to the increase in foul drainage, and therefore the reduction in capacity during storms events which could lead to sewer flooding and sewer spills. 203. The LLFA has requested a condition to deal with the details of surface water drainage. Subject to this condition, the proposal is therefore considered to comply with SPT1, DEV35 (4, 7, 8) and PLY6 Improving Plymouth's city centre (12). OFFICIAL 204. Biodiversity A number of survey have been submitted with this application, including a bat and bird survey, a peregrine survey, and bat emergence surveys. The results of this show that a single bat uses a cavity in the bridge link for occasional day roosting. It is proposed to retain this roosting site, and any works to replace broken cladding within that area should be overseen by a suitably qualified ecologist outside of winter hibernation period. 205. As there is a historic record of peregrines using the Civic Centre, a visual survey was undertaken and visual inspection of the roof. This observed a male peregrine using a window ledge to perch on the eastern elevation. No evidence of nesting was found although it is noted that there is potential for nesting to take place. On this basis a survey prior to commencement is recommended to ensure no nesting is taking place before works can start. This will also need to address any nesting herring gulls and pigeons. 206. An Ecological Mitigation and Enhancement Strategy (EMES) has been submitted with this application. As well as confirming the above mitigation, this includes a number of biodiversity enhancements. This includes 20 different types of nest boxes proposed for various species, including peregrines and the creation of a number of cavities within the cladding or roofs are proposed in order to create bat roosting provisions. 207. The EMES also looks at areas of habitat on site. This confirms that there will be a small loss of amenity grassland (approx. 200m2) and 4 trees. A number of enhancements are proposed to mitigate and ultimately increase the biodiversity value of the site. This includes a wildflower lawn, enhanced pollinator planting within existing and proposed planters and hedgerow. 208. Whilst the loss of trees is not considered significant in terms of landscape value, their loss still represents a loss of biodiversity, and therefore mitigation is required. This is proposed in the form of 20 new trees in planters, to be planted within the new civic square located under the tower. The Natural Infrastructure Team have raised concerns with regard to the trees in planters as a form of mitigation, and the preference is for tree planting within the ground as this provides better chance of longevity. Trees in planted are more challenging to manage and also have a greater chance of being moved/removed. However, as the car park site is also proposed for future redevelopment, it is not possible to secure tree planting here, as this may impact upon the future deliverability of this site. Following negotiation, 4 trees are proposed to be planted along the north elevation (Royal Parade) as previously described. 209. The proposal is therefore considered to comply with DEV26 ‘Protecting and enhancing biodiversity and geological conservation’. 210. Impact upon European Sites The highest level of protection is given to European sites. The relevant sites in this case is the Plymouth Sound Special Area of Conservation (SAC) and Tamar Estuaries Complex Special Protection Area (SPA). Natural England (NE) have confirmed that the site falls with the zone of the influence for these areas. This means that new housing development in this area is ‘likely to have a significant effect’ when considered either alone or in combination, upon the interest features of European Sites due to the risk of increased recreational pressure caused by that development. NE advise that “specific measures will be required to prevent such harmful effects from occurring as a result of this development and recommend that permission should not be granted until such time as the implementation of these measures has been secured.” This impact is mitigated through CIL. The CIL Regulation 123 list (which identifies projects CIL money is spent on) includes projects to mitigate the impacts arising from the increased recreational use of the European Marine Site. The Natural Infrastructure Team have completed a Habitat Regulations Assessment on this basis, which has been agreed by NE. OFFICIAL 11. Planning Obligations The purpose of planning obligations is to mitigate or compensate for adverse impacts of a development, or to prescribe or secure something that is needed to make the development acceptable in planning terms. Planning obligations can only lawfully constitute a reason for granting planning permission where the three statutory tests of Regulation 122 of the CIL Regulations 2010 are met. 12 days public access to the building, including heritage open days, is secured through S106. This is consistent with HE comments. A viability appraisal has been submitted that shows the development has a deficit of at least £3.9m. S106 contributions are therefore not viable. The following contributions have been requested below: • Local Greenspace contribution towards The Hoe, sensory garden and clock garden improvements £70,177.73 • Children’s Playspace contribution West Hoe park play improvements £30,556.23 • Playing pitches contribution for the provision and maintenance of playing pitch provision at Stonehouse Creek £119,496.66 • Strategic Greenspace Central Park drainage improvements £156,526.46 • Should the energy centre and District Heating future proofing not be provided, a £200,000 contribution towards District Energy within the City Centre area (or within 400m of site) or alternatively for other carbon mitigation measures These S106 requests are considered to be justified and in accordance with DEV30 and DEL1 of the JLP. However, as noted above S106 contributions are not viable due to the viability deficit of £3.9m. On this basis, officers have negotiated an overage arrangement through the S106. This means that if the viability of the development improves such that it becomes viable and makes a certain amount of profit, the Local Planning Authority will receive a proportion of this. For ‘Built To Rent’ residential, the profit trigger is 17.5% and for the open market residential the profit trigger is 20%. Any overage has been agreed to go towards the contributions as identified above. For clarity these S106 contributions are therefore only payable if these levels of profit are achieved. As noted above, due to the consideration of Vacant Building Credit, affordable housing provision is not being sought for this development. 12. Equalities and Diversities This planning application has had due regard to Section 149 of the Equality Act with regard to the Public Sector Equality Duty and has concluded that the application does not cause discrimination on the grounds of gender, race and disability. Consideration has been given to the prevention of suicide from the roof the building. This is proposed to be dealt with through a management condition. A condition has been attached which requires the guideline amount of DDA compliant spaces, both for the residential and in the public car park. OFFICIAL The new commercial units are all proposed to be fully accessible with level thresholds, and internally there are lifts to access the upper floors. The new public realm is accessible by ramped access. The residential units are fully accessible, and the lift will be extended to include access to the roof entrance amenity space. 13. Conclusions and Reasons for Decision Officers have taken account of the NPPF and S38(6) of the Planning and Compulsory Purchase Act 2004. In this case the proposal does not fully accord with the development plan, due to not meeting NDSS and lack of provision of 3 wheelchair accessible units. Other material considerations have been considered, as outlined in paragraphs 220-225 above and the rest of section 8 Analysis of the report. It is considered that there are material considerations that carry more weight than the areas of non-compliance. The application is considered to comply with SPT1 Delivering Sustainable Development SPT2 Sustainable linked neighbourhoods SPT3 Provision for new homes SPT4 Provision for employment floorspace SPT5 Provision for retail development SPT6 Spatial provision of retail and main town centre uses SPT9 Strategic principles for transport planning and strategy SPT10 Balanced transport strategy for growth and healthy and sustainable communities SPT11 Strategic approach to the historic environment SPT12 Strategic approach to the natural environment SPT13 Strategic infrastructure measures to deliver the spatial strategy SPT14 European Sites - mitigation of recreational impacts from development Strategic Objective SO2 Strengthening Plymouth role in the region PLY1 Enhancing Plymouths strategic role PLY2 Unlocking Plymouths regional growth potential Strategic Objective SO3 Delivering growth in Plymouth City Centre and Waterfront Growth area PLY6 Improving Plymouth city centre PLY15 Civic Centre and Council House site PLY21 Supporting the visitor economy PLY22 Cultural Quarters DEV1 Protecting health and amenity DEV2 Air water soil noise land and light DEV6 Hot food takeaways in Plymouth DEV14 Maintaining a flexible mix of employment sites DEV16 Providing retail and town centre uses in appropriate locations DEV18 Protecting local shops and services DEV19 Provisions for local employment and skills DEV20 Place shaping and quality of the built environment DEV21 Development affecting the historic environment DEV23 Landscape character DEV26 Protecting and enhancing biodiversity and geological conservation DEV28 Trees woodlands and hedgerows DEV29 Specific provisions relating to transport DEV30 Meeting the community infrastructure needs of new homes DEV31 Waste management DEV32 Delivering low carbon development DEV35 Managing flood risk and water quality impacts DEL1 Approach to development delivery and viability, planning obligations and the CIL OFFICIAL The application only partially complies with: DEV7 Meeting local housing need in the Plymouth Policy area DEV9 Meeting local housing need in the Plan Area DEV10 Delivering high quality housing The proposal will make a significant contribution towards the renewal of the city centre, in compliance with PLY6. In particular by bringing the prominent building back into use, it will respect and celebrate the mid twentieth century built heritage and help to deliver residential within the city centre. In terms of heritage, the proposal will result in less than substantial harm to elements of the listed building, however this is considered justified through the NPPF as this will bring the building into a number of optimum viable uses, as well as the public benefits as listed above. Overall, it is considered that the proposal will enhance the Civic Centre and Civic Square, in accordance with PLY15 and DEV21. The car park site is being safeguarded for future development in accordance with PLY15. The proposal is considered to contribute towards a quality sense of place and character, including enhancing a landmark building in the city centre. There will be improvements to the public realm, including enhancing the listed park and garden and improving permeability through the site. Overall it is considered that the proposal contributes positively towards place shaping and landscape character in accordance with DEV20, DEV23 and DEV28. The proposal will not fully meet British Standards in relation to noise, which means the residential units may be subject to noisier periods should windows be required to be open. The residential units also do not meet NDSS and 3 x M4(3) wheelchair accessible units are not being provided. These are not achievable due to a combination of the constraints of the listed building and viability. On this basis the proposal does not fully comply with policies DEV7, DEV9 and DEV10. The city centre development is considered to be sustainable in transport terms. Cycle parking and EVC spaces are being provided, serving the proposed uses and the public car park. The proposal is considered to comply with DEV29. The proposal will also contribute towards the reduction of carbon emissions through allocating space for a district heating energy centre and future proofing connection to district energy within the building in accordance with DEV32. The proposal will result in a reduction of downstream flood risk, and complies with DEV35. Consideration and mitigation has been proposed in relation to the species using the building and there are proposed biodiversity enhancements. The proposal is considered to comply with DEV26 on this basis. Overall, the scheme is considered to contribute towards the JLP Strategic Objective 2 and 3, by strengthening the role of the city centre as a regional hub, unlocking the growth potential within the city centre and improved public realm. Given its strategic location on Armada Way and adjacent to the Hoe, it’s considered the scheme will contribute towards achieving the vision of Plymouth becoming one of Europe’s finest waterfront cities. 14. Recommendation OFFICIAL DEV1, DEV2, DEV31 and DEV28 of the Plymouth and South West Devon Joint Local Plan and paragraphs 170, 178-180 of the National Planning Policy Framework 2019. Justification: To ensure that measures will be in place to ensure no adverse effects on biodiversity during the construction phase and to ensure that the construction phase does not unduly impact on local amenity such as disturbance to local residents or disruption to traffic and parking. 4 CONDITION: EMPLOYMENT AND SKILLS STRATEGY PRE-COMMENCEMENT Prior to commencement of development an employment and skills strategy shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall include details of how local people and local businesses will benefit from the development in terms of job opportunities, apprenticeship placements, work experience opportunities, business supply chain opportunities and other employment and skills priorities. The development shall be carried out in accordance with the approved strategy, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure employment and skills development in accordance with policy DEV19 and DEV28 of the Plymouth and South West Devon Joint Local Plan. Justification: To ensure that construction employment opportunities are assessed prior to commencement. 5 CONDITION: PHASING PRE-COMMENCEMENT Prior to commencement of works, a phasing plan and assessment of impacts shall be submitted to and approved in writing by the Local Planning Authority, unless development is to commence as a single stage. The phasing of the development shall be carried out in accordance with the approved phasing plan unless an alternative phasing plan is first approved by the Local Planning Authority. Reason: To ensure that the development proceeds in a satisfactory manner and respects the heritage of the building to comply with policies DEV2, DEV20 and DEV21 of the Plymouth and South West Devon Joint Local Plan. Justification: To ensure that any implications of phasing are considered prior to commencement. 6 CONSTRUCTION TRAFFIC MANAGEMENT PLAN PRE COMMENCEMENT No works shall commence on-site until there has been submitted to and approved in writing by the Local Planning Authority a Construction Traffic Management Plan (CTMP). The said CTMP shall include details relating to the detailed programme of works, details of construction vehicle movements including number, type and size of vehicles; construction operation hours; routes being used by construction vehicles and contractors parking arrangements. The construction works shall be carried out strictly in accordance with the approved CTMP. Reason: To ensure that the traffic impacts associated with the construction phase of the works does not lead to adverse impacts upon the operation of the Local Road Network in accordance with Policy DEV29 of the Plymouth and South West Devon Joint Local Plan 2019 and paras SPT12, DEV1, DEV2, DEV31 and DEV28 of the NPPF 2019. OFFICIAL Justification: To ensure that the construction phase does not unduly impact on local amenity such as disturbance to local residents or disruption to traffic and parking. 7 CONDITION: DISTRICT HEATING PRE COMMENCEMENT: DISTRICT HEATING TIMING AND COMPLIANCE No later than 1 month prior to the commencement of the development the developer shall provide written notice to the Local Planning Authority for its approval, of its intention to commence development and confirmation of the "heat on" date. Should this date be proposed to change once approved, it should be submitted to and approved by the Local Planning Authority. If 12 months in advance of the "heat on" date there is a permanent district energy infrastructure connecting to the boundary of the development, the development shall be connected to the district energy network, in accordance with details to be agreed through condition 8, and it shall be utilised to provide hot water and heating and the option to provide cooling to the development from first occupation, and operated as such, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure the development is designed to be capable of connection to the district heating network and a proportionate contribution towards the provision of the network is secured, in accordance with SPT1, PLY6 and DEV32 of the Plymouth and South West Devon Joint Local Plan and paras 148, 150 -151, 153 - 154 of the NPPF 2019. Justification: To ensure the development safeguards the ability to connect to District Heating 8 CONDITION: DISTRICT HEATING PRE COMMENCEMENT: DISTRICT HEATING DETAIL Prior to commencement of development, details of a fully connected and compatible design for connection to a District Heating System, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the submitted and approved details required below, unless an alternative strategy is agreed in writing with the Local Planning Authority or the Local Planning Authority do not deliver the District Heating System within the timescales as set out in condition 7. These details shall include - 1) A plan showing a safeguarded suitable unconstrained route for the future district energy system infrastructure and private wire connections between the energy centre and: o The northern boundary (Royal Parade) and to the Council House as set out in principle in Appendix A of the Civic Centre DEV32 submission. o The ground source heat pump well locations as set out in principle in Appendix A of the Civic Centre DEV32 submission. o The commercial units within Civic Centre, for heating and cooling requirements to the extent that cooling is required The routes shall thereafter be safeguarded for the provision of future district energy pipework and infrastructure OFFICIAL 2) Details of the secondary system design for the Development, which ensures it is compatible with and future-proofed for connection to a future district energy network and compliant with best practice. 3) Notwithstanding the approved plans, an amended basement plan shall be submitted to and approved by the Local Planning Authority, which provides 350sqm of space to be retained for the district energy centre, together with service connections for water, drainage, data, gas and flues (but not for CHP). Once approved the space shall be permanently retained for that purpose. A. Should the Local Planning Authority not deliver the DH system within the timescale as set out in condition x, the developer shall be able to implement an alternative energy strategy, which shall be submitted to and approved by the local planning authority prior to commencement of the development. This shall include a plan to secure 240sqm of space to be retained for future use as a district energy centre and a review period for the provision of the energy centre (5 years after "heat on" date). Reason: To ensure the development is designed to be capable of connection to the district heating network and a proportionate contribution towards the provision of the network is secured, in accordance with SPT1, PLY6 and DEV32 of the Plymouth and South West Devon Joint Local Plan and paras 148, 150 -151, 153 - 154 of the NPPF 2019. Justification: To ensure the development safeguards the ability to connect to District Heating. 9 CONDITION: ARBORICULTURAL METHOD STATEMENT PRE COMMENCEMENT Notwithstanding the details as indicated on the approved plans, no works shall take place until an Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. The statement shall detail how trees are to be protected during construction. It shall include measures for protection in the form of barriers to provide a 'construction exclusion zone' and ground protection in accordance with Section 6.1 of BS: 5837:2012 Trees in relation to Design, Demolition and Construction - Recommendations. The measures contained in the approved statement shall be fully implemented and shall remain in place until construction work has ceased. Reason: To ensure that trees or hedgerows retained are protected during construction work and thereafter are properly maintained, if necessary by replacement, in accordance with DEV20, DEV23 DEV26 DEV28 of the Plymouth and South West Devon Joint Local Plan and paragraphs 124, 127, 170, and 175 of the National Planning Policy Framework 2019. Justification: To ensure that trees are protected during the construction phase. 10 CONDITION: RESIDENTIAL VENTILATION STRATEGY PRE COMMENCEMENT Prior to commencement, a ventilation strategy to serve the residential units will be submitted to and approved in writing by Local Planning Authority. The development shall be carried out in accordance with the approved strategy, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the proposed dwellings hereby permitted achieve a satisfactory living standard and do not experience unacceptable levels of noise disturbance to comply with policies DEV1 and DEV2 of the Plymouth and South West Devon Joint Local Plan and para 180 of the NPPF 2019. OFFICIAL 16 CONDITION: PROVISION OF PARKING AREAS PRE COMMENCEMENT OF WORKS TO CAR PARK INCLUDING BASEMENT PARKING AND PRE OCCUPATION Notwithstanding the details as shown on the approved Landscape plan PL-006 PL3 and Basement Floor plan PL-010 PL1, prior to commencement of works to any area of car park, final details of car parking shall be submitted to and approved in writing by the Local Planning Authority. Within the surface car park these details shall include provision of: - 4 dedicated electric vehicle charging points within the surface car parking area along with infrastructure for the futureproofing for a further 4 bays to be provided - 10 DDA compliant spaces Within the basement car park these details shall include provision of: - 5 dedicated electric vehicle charging points within the basement for residential parking along with ducts for futureproofing 19 spaces - 5 DDA compliant spaces Prior to commencement of use of the car park, details of the charging regime and method of enforcement shall also need to be submitted to the Local Planning Authority for approval. Each parking space shown on the approved plans shall be constructed, drained, surfaced and made available for use and thereafter those spaces shall not be used for any purpose other than the parking of vehicles. Reason: To enable vehicles used by occupiers or visitors to the development and wider City Centre area to be parked off the public highway so as to avoid damage to amenity and interference with the free flow of traffic on the highway in accordance with Policy DEV29 of the Plymouth and South West Devon Joint Local Plan and para 104, 105, 106 and 110 of the NPPF 2019. 17 CONDITION: DETAILED DESIGN AND EXTERNAL MATERIALS PRE COMMENCEMENT OF EXTERNAL WORKS Prior to commencement of the external works to the tower, south block or north block, the detailed design and materials shall be submitted to and approved in writing by the Local Planning Authority. - External tower details including: transom/spandrel panel, east and west façade, north and south façade, glazed roof pavilion, other roof works and telecommunications - First floor balcony details - External north block details - External south block details including, south block glazed extension - External basement works details - Other external details such as rainwater goods, lighting, ventilation, servicing, plant details, terrazzo flor finish and final finish of columns The development shall be carried out at all times in strict accordance with the approved details and permanently retained as such, or such other details as may be subsequently agreed in writing by the Local Planning Authority. Reason: To ensure that special regard is paid to protecting the special architectural and historic interest and integrity of the building under Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and to ensure that the details of the proposed work comply with DEV20 and DEV21 of the OFFICIAL Plymouth and South West Devon Joint Local Plan 2014 - 2034 and para 190 and 192 of the NPPF 2019. 18 CONDITION: SIGNAGE STRATEGY PRE INSTALLATION OF SIGNAGE Prior to the installation of any signage, a signage strategy for the development shall be submitted to and approved in writing by the Local Planning Authority. Any signage or adverts will be implemented in accordance with the signage strategy as approved and permanently retained as such unless an alternative strategy is agreed in writing. Reason: To ensure that the signage is in keeping with the appearance of the proposed building in accordance with Policies PLY6, DEV20, DEV21 of Plymouth and South West Devon Joint Local Plan and paragraphs 124, 127 and 132 of the NPPF (2019). 19 CONDITION: CYCLE PROVISION PRE-OCCUPATION The building shall not be occupied until space has been laid out within the site in accordance with the Proposed Basement Floor Plan PL-010 PL1 and Proposed Landscape Plan PL-006 PL3 hereby approved for a minimum of 85 bicycles to be securely parked. The secure area for storing bicycles shown on the approved plan shall remain available for its intended purpose and shall not be used for any other purpose without the prior consent of the Local Planning Authority. Reason: In order to promote cycling as an alternative to the use of private cars in accordance with Policy DEV29 of the Plymouth and South West Devon Joint Local Plan para 91, 104 and 110 of the NPPF 2019. 20 CONDITION: MICROCLIMATIC IMPACT REVIEW PRE-OCCUPATION Post demolition of the glazed lobby area and prior to the occupation of the development, a review of any microclimate impacts including impact from wind, and any subsequent proposed mitigation measures, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out at all times in strict accordance with the approved scheme and be permanently maintained thereafter, or such other details as may be subsequently agreed in writing by the Local Planning Authority. Reason: To ensure any of the proposed demolition works do not conflict with the microclimate of the surrounding area, and in order to preserve the amenity of the area in accordance with DEV1 and DEV20 of the Plymouth and South West Devon Joint Local Plan. 21 CONDITION: REFUSE STRATEGY PRE OCCUPATION Prior to occupation, details of the siting and form of bin storage for disposal of refuse and recycling for the development shall be submitted to and approved in writing by the Local Planning Authority. The hereby agreed refuse storage provision for each unit shall be fully implemented before the respective unit is first occupied/brought into use and henceforth permanently made available for future occupiers/users of the site. Reason: In order to ensure that adequate, safe and convenient refuse and recycling storage provision is provided and made available for use by future occupiers and to protect the residential and general amenity of the area from noise emanating from delivery and waste collection activities in accordance with DEV2 and DEV31 of the Plymouth and South West Devon Joint Local Plan. OFFICIAL 22 CONDITION: LANDSCAPE AND ECOLOGY MANAGEMENT PLAN PRE OCCUPATION A Landscape and Ecological Management Plan (LEMP) shall be submitted to and approved in writing by the local planning authority prior to occupation of the development. The content of the LEMP shall include the following i. Description and evaluation of features to be managed. ii. Ecological trends and constraints on site that might influence management. iii. Aims and objectives of management for both the landscape elements and the biodiversity features. iv. Set out maintenance operations for the first year following implementation of the scheme and for a further 4 years following establishment for achieving aims and objectives. v. Preparation of a work schedule. vi. Body or organisation responsible for implementation of the plan. vii. Monitoring and remedial measures. The LEMP shall also include details of the legal and funding mechanism(s) by which the long term implementation of the plan will be secured by the developer with the management body(s) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details and managed in accordance with it thereafter. Reason: In the interests of the retention, protection and enhancement of wildlife and features of biological interest and to ensure that satisfactory landscaping works are carried out, in accordance with Joint Local Plan Policies SPT12, DEV20, DEV23 & DEV26 and Government advice contained in the NPPF paragraphs 170, 174 & 175. 23 CONDITION: ROOF TERRACE MANAGEMENT STRATEGY PRE OCCUPATION Prior to the occupation of the residential development, a roof terrace management strategy shall be submitted to and approved in writing by the Local Planning Authority. This shall include details of: - Confirmation of how the area will be monitored - Confirmation of training for relevant staff - How the area will be managed at night - Details of the public access and how it will be managed The development shall be managed at all times in strict accordance with the approved strategy, or such other details as may be subsequently agreed in writing by the Local Planning Authority. Reason: To ensure the development preserves the amenity of the area and contributes towards high standards of community safety in accordance with DEV1 and DEV20 of the Plymouth and South West Devon Joint Local Plan. 24 CONDITION: INDIVIDUAL COMMERCIAL DEVELOPMENT PLAN PRE-OCCUPATION Prior to occupation of each commercial unit, details of the individual commercial development plan for that unit, including - Confirmation of use class - Hours of operation and opening - Refuse strategy - Outside seating area management plan - Any proposed smoking area OFFICIAL Unless otherwise previously agreed in writing with the Local Planning Authority, the development shall be carried out in accordance with the Ecological Mitigation and Enhancement Strategy updated July 2019 and the Proposed Landscape Plan PL006 rev. PL3. Reason: In the interests of the retention, protection and enhancement of wildlife and features of biological interest, in accordance with DEV26 of the Plymouth and South West Devon Joint Local Plan and Government advice contained in the NPPF (2019) paragraphs 170, 175 -177. 31 CONDITION: PUBLIC CAR PARK ALLOCATION AND WORKS GENERAL COMPLIANCE Car parking within the surface level car park, as approved through condition 16, shall be laid out in compliance with the approved scheme. No Space within this car park shall be allocated or retained for residents or businesses located within the development hereby approved, unless otherwise agreed through the travel plan condition 25. No further works to the public car park shall be undertaken without the prior consent of the Local Planning Authority approval. Should a further scheme be approved, development shall commence in accordance with the updated approved detail. Reason: To safeguard the site for future development in accordance with PLY15 and to reduce reliance on use of private cars to assist with promotion of sustainable travel choices, in accordance with Plymouth and South West Devon of the Joint Local Plan. 32 CONDITION: NO VINYL ON WINDOWS GENERAL COMPLIANCE Notwithstanding Section 55(2)(a) of the Town and Country Planning Act 1990 (as amended), the windows at ground and first floor shall remain visually transparent - free from any applied vinyl advertisements, curtains, display stands or any other features that could restrict views in to the premises - at all times, unless otherwise agreed in writing by the Local Planning Authority. Reason: To maintain the character and appearance of the active frontages and the safety and security benefits brought by overlooking through these windows, in accordance with policy DEV20 of Plymouth and South West Devon Joint Local Plan. 33 CONDITION: REPORTING OF UNEXPECTED CONTAMINATION GENERAL COMPLIANCE In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where further remediation is necessary a remediation scheme must be prepared which is subject to the approval in writing of the Local Planning Authority. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure development can be carried out safely without unacceptable risk to workers, neighbours and other offsite receptors in accordance with DEV2 of the Plymouth and South West Devon Joint Local Plan and para 178 and 179 of the NPPF 2019 OFFICIAL 34 CONDITION: NOISE HABITABLE ROOMS GENERAL COMPLIANCE AII dwellings shall be constructed in accordance with BS8233:2014 so as to provide sound insulation against externally generated noise. The levels as described in Table 4 of the guidance shall be applied, meaning there must be no more than 35 dB LAeq for living rooms and bedrooms (0700 to 2300 daytime) and 30 dB LAeq for bedrooms (2300 to 0700 night-time), with windows shut and other means of ventilation provided, unless an alternative standard/noise level is agreed is agreed in writing by the LPA. Reason: To ensure that the proposed dwellings hereby permitted achieve a satisfactory living standard and do not experience unacceptable levels of noise disturbance to comply with policies DEV1 and DEV2 of the Plymouth and South West Devon Joint Local Plan and para 180 of the NPPF 2019. 35 CONDITION: SPECIFIED USE RESTRICTION PODIUM GENERAL COMPLIANCE Notwithstanding the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), the ground and first floor commercial uses hereby approved shall be used only for the purposes of uses falling within Classes A1, A2, A3, A4, A5, B1, D1 (Creche / Day Nursery, Art Gallery / Associated Art Sales) and D2 (Gymnasium / Indoor Sports Recreation) as defined in the Town and Country Planning (Use Classes) Order 1987 (or any order revoking and re-enacting that Order with or without modification), and for no other purpose. Reason: The application has been assessed on this basis, and the impact of alternative uses would need further consideration to ensure that the development would not impact on the highway network, heritage assets and amenity of the area including relationship with the residential use hereby approved, in accordance with DEV1, DEV2, DEV21 and DEV29 of the Plymouth and South West Devon Joint Local Plan. 36 CONDITION: RESTRICT A5 USES GENERAL COMPLIANCE The development shall provide no more than 100sqm GIA amount of A5 use floor space. Reason: To preserve the amenity of the area in accordance with PLY6, DEV1, DEV2 and DEV18 of the Joint Local Plan. 37 CONDITION: VENTILATION AND EXTRACT STATEMENT GENERAL COMPLIANCE Unless otherwise previously agreed in writing with the Local Planning Authority, the development shall be carried out in accordance with the Ventilation and Extract Statement Rev 2 -02 January 2019. Reason: In the interests of ensuring the dwellings hereby permitted achieve a satisfactory living standard and do not experience unacceptable levels of noise disturbance to comply with policies DEV1 and DEV2 of the Plymouth and South West Devon Joint Local Plan and para 180 of the NPPF 2019. INFORMATIVES OFFICIAL 1 INFORMATIVE: (£0 CIL LIABILITY) DEVELOPMENT DOES NOT ATTRACT A COMMUNITY INFRASTRUCTURE LEVY CONTRIBUTION The Local Planning Authority has assessed that this development, although not exempt from liability under the Community Infrastructure Levy Regulations 2010 (as amended), will not attract a levy payment, due to its size or nature, under our current charging schedule. The Levy is subject to change and you should check the current rates at the time planning permission first permits development (if applicable) see www.plymouth.gov.uk/cil for guidance. 2 INFORMATIVE: CONDITIONAL APPROVAL (NEGOTIATION) In accordance with the requirements of Article 31 of the Town and Country Planning (Development Management Procedure) (England) Order 2010 and the National Planning Policy Framework 2019, the Council has worked in a positive and pro-active way with the Applicant Including pre-application discussions and has negotiated amendments to the application to enable the grant of planning permission. 3 INFORMATIVE: ADVERTISING This permission does not give or imply any consent for the advertising material shown on the approved plans. Such advertising is controlled under the Town and Country Planning (Control of Advertisements) Regulations 2007 and the applicants should obtain any necessary consent separately. 4 INFORMATIVE: FUTURE OCCUPANT NOTIFICATION All building occupants should be made aware that the open car park is allocated as a future redevelopment site allocated in the Joint Local Plan. 5 INFORMATIVE: MARINE GRADE SPECIFICATION All materials should be of marine grade specification. 6 INFORMATIVE: DISTRICT HEATING BEST PRACTICE Your attention is drawn to the best practice compliance with the CIBSE CP1.2 when reviewing details for condition 6 above. 7 INFORMATIVE: SUSTAINABLE URBAN DRAINAGE SYSTEM Your attention is drawn to the comments made by the Lead Local Flood Authority dated 14/08/19 when preparing the submission for condition 11. 8 INFORMATIVE: DISTRICT HEATING FUNDING For clarity, the following District Heating plant and equipment, and connections identified in condition 8) 1) above shall be provided and funded by the Council/ District Heating Provider. 9 INFORMATIVE: HEAT ON DEFINITION "Heat on" date means the date when the first commercial or residential units are ready and fit for occupation and are first supplied with hot water and/or heating, whichever is the earliest.