Sussex Square Retail Site Development Brief

Sussex Square
Retail Site
Development Brief
1
Sussex Square Regeneration
Page
Introduction
3
Walcot
3
Sussex Square Development Site
3
Content of Submissions
4
Design Considerations and Requirements
5
Programme
7
Contacts
8
Disclaimer
8
Financial Appraisal – Assumptions and Requirements
9
Appendix A: Location plan
11
Appendix B: Site plan (whole scheme area, existing)
12
Appendix C: Site plan (retail site, existing)
13
Appendix D: Proposed Floor Plan for Community Shop & Library
14
Appendix E: Draft suggested retail layout
15
Appendix F: Draft proposed whole scheme layout
16
Appendix G: Services plans
17
Appendix H: Local Plan – relevant policies
26
Appendix I: Schedule of Existing Retail Occupiers
42
Appendix J: Appraisal Form
43
2
Introduction
Swindon Borough Council is exploring the comprehensive redevelopment and
regeneration of the Sussex Square shopping parade and surrounding land.
We are now looking for a development partner to work up, agree and
implement the proposed new retail element of the scheme. The residential
part of the overall scheme will remain with Swindon Borough Council to build
out.
The redevelopment will be carried out in phases, with the selected developer
acquiring the freehold interest in the land required for the new shopping
facility from the Council as the first phase of the development.
Walcot, Swindon
Sussex Square shopping parade is located on the periphery of Walcot on the
eastern side of Swindon, and is shown edged red on the location plan at
Appendix A, and in more detail edged red on the site plan at Appendix B.
Walcot comprises Walcot West, comprising mainly private housing built from
the 1930’s onwards, and Walcot East, a housing estate built by the local
authority in the late 1950’s and early 1960’s principally to cater for London
overspill. Development is mainly low-rise two storey houses and flats with
some sheltered housing.
Sussex Square Development Site
The existing Sussex Square shopping parade is located off Queens Drive,
one of the main arterial roads into Swindon. It is identified in the Swindon
Borough Local Plan 2011 as a Major Local Centre serving the local area. A
copy of the policy S12 is attached at Appendix H.
The whole development site is shown edged red on the plan at Appendix B
and amounts to about 1.31 hectares / 3.23 acres. Within the site is an existing
3-storey building built in the late 1950’s, comprising fourteen small unit shops,
with fifteen separately accessed 2-bedroom maisonettes above, and a block
of eighteen 1-bedroom flats at the eastern end. Also included within the
proposed redevelopment are two industrial units on Seymour Road.
The site for the proposed retail element of the development comprises the site
of the former Bulldog public house together with the small car park adjacent.
The retail site amounts to about 0.31 hectares / 0.75 acres, and is shown
edged red on the plan at Appendix C.
3
All of the land within the development area is owned by the Council and is
either operational land or is leased to third parties. The land for the retail
development is currently vacant.
Content of Submissions
Interested Developers are invited to submit schemes based on the Design
Considerations and Requirements set out in this document, and financial
appraisals based on the guidelines included under Financial Appraisals.
Developers’ proposals must be accompanied by a written design statement
setting out the design principles on which the re-development proposal is
based. The proposal should include illustrative material, in plan and elevation,
showing both the re-development site and adjoining land and buildings
enabling the context of the proposal to be adequately assessed, particularly in
terms of the relationship to its surroundings.
The written design statement should take account the design principles noted
in paragraphs 1 and 2 of the Council’s ‘Design Considerations and
Requirements’ and meet the requirements of Policies DS 6 and DS 7 (see
Appendix H) of the Swindon Borough Local Plan 2011.
Developers should submit an access statement. This would demonstrate the
developer’s commitment to providing access for all to meet the requirements
as set out in the Inclusive Design Access for all SPD, Policy DS6 (Design and
Amenity) and Policy ENV8 (Access for All) (see Appendix H) of the Swindon
Borough Local Plan 2011. This statement should identify the philosophy and
approach to inclusive design, the key issues of the scheme and the sources of
advice and guidance used. These policies and guidance provide the main
policy context in respect of Access For All considerations. Policy DE1 (High
Quality Design) detailed in the emerging Swindon Borough Local Plan 2026
Pre-Submission drafts seeks to take forward Access For All considerations.
A Financial Appraisal should also be submitted at this stage in accordance
with the requirements set out under “Financial Appraisal” below.
Design Considerations and Requirements
1. Design Principles
The Council is committed to ensuring consistent and high standards of design
for all types of development. Good design relates not only to external
4
appearance but also to how developments work, what they provide and how
they relate to their community.
Developers are directed to policy DS6 and DS7 of the Swindon Borough Local
Plan 2011 for guidance on Design Principles, included at Appendix H.
2. Urban Design
Urban design covers the design of buildings, spaces and landscapes.
Principles of good urban design must be incorporated into the re-development
proposal.
Developers are directed to Policy DS7 of the Swindon Borough Local Plan
2011 for guidance on Urban Design, included at Appendix H.
3. Access For All
All members of the community should be able to access buildings and their
environs in a convenient manner.
The re-development should have due regard to the Inclusive Design Access
for all Supplementary Planning Document and Policy ENV 8 of the Swindon
Borough Local Plan (see Appendix H), which requires that appropriate
provision shall be made to allow ease of access for everybody including
provision of facilities for disabled people.
4. Demolition
The site for the proposed retail development is currently vacant. On
completion of the retail development and once the new shopping facility is
trading the existing shops at Sussex Square and the maisonettes over will be
demolished by the Council and the third phase of the development, being the
construction of new houses on the site, will commence.
6. New Shopping Facility
The new shopping centre is to comprise a single convenience store, probably
around 325 sq m to 465 sq m (say 3,500 sq ft to 5,000 sq ft) GIA, together
with three smaller complimentary shops plus one larger unit shop for use a
community shop and library. The three complimentary unit shops are to be for
one Class A5 hot food takeaway, one to be for a use within Class A1 retail,
and the other for a use within Class A1 or A2.
It is important to the council and the local community that the existing Post
Office and Pharmacy provision is retained in the new scheme. To this end it
will be a requirement that if these uses are not to be re-provided within the
unit shops, then they should be delivered from within the new convenience
5
store, subject to the relevant licences being obtained. This will be an
obligation placed on the selected developer.
The existing pharmacy operator, L. Rowland & Co, have expressed interest in
taking a unit within the new scheme, based on a minimum space requirement
of 95 sq m.
In addition, space also needs to be provided for a community shop
incorporating a local library facility. Space assessment indicates a need for
about 163 sq m (1,750 sq ft) GIA for this facility. The developer will be
expected to construct a suitable unit to a shell finish with services capped at
incoming, but including shop front with roller shutters, which is then to be
leased back to the Council under a long lease at a peppercorn rent with no
service charge obligation. A draft floor plan which provides for these needs is
included at Appendix D
A draft layout for the new shopping centre which is considered to provide for
all the above requirements, save for the amount of space that the pharmacy
operator has indicated a preference for, is included at Appendix E.
The Council does not wish to see any flats being built over the new shops.
7. Phasing
The development of the shopping centre is intended to be the first phase of
the overall development. To ensure that adequate shopping facilities are
maintained at all times the existing shops will not be vacated and demolished
until the new shopping facility is completed and occupied
8. Car Parking
Adequate car parking in accordance with the Council’s policies and guidance
should be provided to serve the shopping centre and its immediate environs.
This car parking should be free to encourage shoppers to visit.
Details for car parking standards can be found in the Development Control
Guidance Note “Technical Guidance on Parking Standards” 2007
9. Highways
There are no immediate Highway works outside the development site that
have been identified, save for the possibility of installing a crossing over
Somerville Road from the nearby Elizabeth House sheltered housing block.
Developers are also directed to Policy T1 of the Swindon Borough Local Plan
2011 for guidance on Transport Requirements, included at Appendix H.
6
10. Existing Services
Plans provided by Wales & West Utilities, SSE Power Distribution, Thames
Water and BT showing the approximate location of their respective apparatus
in the vicinity are included at Appendix G. Developers should make their own
enquiries of the suppliers as to the veracity of these plans, and for any other
services in the area provided by other suppliers.
12. Housing
New housing is seen to be an important element of the overall redevelopment.
All new housing will be commissioned and built out by Swindon Borough
Council and does not form part of the retail element of the scheme for which a
development partner is being sought.
Prospective development partners will however be keen to see how the
remainder of the scheme area is intended to be built out, and to that end a
plan is included at Appendix F showing how this is currently proposed, subject
to amendments during the detailed design and Planning process.
In essence, it is proposed to demolish the existing block of 18 No onebedroom flats at the eastern end of the existing Sussex Square and replace
these with a new block of 12 flats as a mix of one- and two-bedroom flats.
This part of the scheme could well be undertaken simultaneously with the
retail development.
Upon completion of the retail element and once the new shops are open and
trading, Swindon Borough Council will proceed to demolish the existing main
block and build about 39 new dwellings, being a mix of largely two-, threeand four-bedroom houses.
In order to achieve a mix of tenures in the new scheme, it is intended that
about 17 of these will be for private sale, and the remainder rented.
Programme
Submissions are invited from prospective developers by 15th October 2013.
These should include:
a) Drawings showing the proposed scheme including layout and
preferably indicative elevations
b) Supporting statements to show how the Design Considerations and
Requirements outlined above are to be met
c) Completed appraisal forms in the format given at Appendix J
d) An indication of the developer’s proposed funding arrangements
7
e) Evidence of involvement in similar regeneration / redevelopment
schemes
Following evaluation of the submissions by the Council, a development
partner will either be selected from those submissions, or in the case of two or
more acceptable schemes and appraisals a shortlist will be made for further
evaluation and discussion.
Contacts
Further information can be obtained from:
Jon Coats
Regeneration and Projects Officer
Property and Assets
Swindon Borough Council
Civic Offices
Euclid Street
SWINDON SN1 2JH
Tel. 01793 463523
E-mail: jcoats@swindon.gov.uk
Disclaimer
(a) These details are set out for general information only for the
assistance of interested parties. They do not constitute, nor
constitute part of an offer or contract
(b) Whilst all due care has been exercised in the preparation of the
details, all descriptions dimensions and if necessary permissions for
use and occupation and all other details are provided without any
liability on the Council and its officers and their agents
(c) No Council officer nor any other party has any authority to give or
make any representation or warranty about the site
8
Financial Appraisal
1. Scheme
Schemes are required from Developers for the development of the
retail site only, in accordance with the Design Considerations and
Requirements supplied.
2. Basis of Appraisal
Financial appraisals are required from Developers assuming a freehold
sale of all land required for the retail redevelopment on the basis
outlined in 4 below.
3. Assumptions on Costs
For financial appraisal purposes Developers should assume that:
a) The Developer will be responsible for all costs associated with
site preparation and all new building.
b) The Developer will be responsible for building a unit shop of 163
sq m / 1,750 sq ft for use for community purposes. This is to be
constructed to a shell specification (to be agreed) with services
capped at incoming but with a shop front and roller shutters
installed to match the other unit shops in the new parade. On
completion this shop is to be leased back to Swindon Borough
Council on a long lease at a peppercorn rent and with no service
charge liability. The Council will then sublet to the community
shop operator. A draft floor plan which meets these
requirements is included at Appendix D.
c) The Council will be responsible for all costs associated with the
acquisition by agreement or otherwise of the leases of the
existing shop premises and the existing residential premises
within the main site at the appropriate time.
d) The Developer is to assume that there are no unusual ground
conditions that would preclude the use of normal foundation
methods and no unusually high levels of soil contamination.
Should detailed investigations show these assumptions to be
incorrect then the additional cost of dealing will be dealt with by
way of a suitable adjustment to the land sale price.
e) The Developer is to assume that there will be no s106
contributions. Those s106 contributions that are agreed as part
of the planning permission, in accordance with Policy DS8 of the
Swindon Borough Council Local Plan 2011 (included at
Appendix H) and the Council’s adopted Development Control
Guidance Note “Developer Contributions” will be dealt with by a
9
suitable adjustment to the land sale price.
4. Disposal of Land
It is intended that the land required for the retail development will be
initially transferred to the selected Developer under a Building
Agreement or Licence at a nominal consideration. Following
completion of the retail development (as evidenced by the issue of an
Architects Certificate of Practical Completion) to the Council’s
satisfaction the freehold will be transferred to the Developer for the
consideration agreed.
5. Content of Appraisals
The Financial Appraisal should be in the form of the schedule at
Appendix J and include all the information requested in that schedule.
10
Appendix A
Location Plan
11
Appendix B
Site Plan (Whole Scheme Area, Existing)
12
Appendix C
Site Plan (Retail Site, Existing)
13
Appendix D
Proposed Floor Plan for Community Shop & Library
14
Appendix E
Draft suggested retail layout
15
Appendix F
Draft proposed whole scheme layout
16
Appendix G
Relevant Highway and Services Plans
Gas
Wales and West
Electricity
SSE Power Distribution
Telecoms
British Telecom
Water
Thames Water
Adopted Highway
Swindon Borough Council
17
Wales & West Utilities
19
Gas
SSE Power Distribution
Electricity Supplies (Low Voltage)
20
SSE Power Distribution
Electricity Supplies (High Voltage)
21
BT Telecommunications Equipment
22
Thames Water - Supplies
23
Thames Water – Sewer Plan
24
Adopted Highway
Swindon Borough Council
25
Appendix H
Swindon Borough Local Plan – Relevant Policies
DS6
Standards of Design and Amenity
DS7
Urban Design
DS8
Infrastructure Needs Resulting From
Development
ENV8
Access For All
S13
Shopping and Associated Uses – Minor
Local Centres
T1
Transport Requirements of Development
26
Standards of Design and Amenity
Policy DS6
Consistent and high standards of design shall be required for all types
of development, whilst at least maintaining existing amenity. Particular
scrutiny will be given to proposals within the town centre, and will be
refused where they are prejudicial to town centre regeneration in design
and amenity terms. Development proposals shall:
a) be well laid out and sympathetic to the local context, character and
site coverage;
b) be assessed in terms of scale and proportion, shape, mass, vertical
and horizontal emphasis, pattern of openings, materials, colours and
siting, (including any associated advertisement), and any proposal
which is unsuitable in terms of these criteria will be rejected.
c) be designed to minimise opportunities for criminal activity;
d) be compatible with, and protect the amenity of, nearby land uses in
terms of visual intrusion, privacy, noise disturbance, smell, pollution
(including light pollution), and safety, or demonstrate compatibility with
an approved development framework, masterplan or framework plan;
e) respect and accommodate any existing features of acknowledged
importance including trees and hedgerows on, or in the vicinity of, the
site;
f) demonstrate suitable access, including provision of access disabled
people (in accordance with Policy ENV8), vehicle parking (in accordance
with the Council’s adopted parking standards) and service facilities
within a safe and convenient layout, that shall not prejudice the
provision of such facilities for existing developments;
g) incorporate suitable landscaping, including where necessary
landscaping to mitigate the impact of the development and any
necessary associated activities (for example parking, external storage)
to an acceptable level; and
h) address environmental sustainability throughout, including the use of
recycled and/or traditional materials in construction and energy
efficiency in design and layout, where this is not covered by building
regulations.
Justification
1.20.1 The Council is conscious that good design can improve people’s lives
by providing better buildings, spaces and places. Good design, applied in the
built environment has an important role to play in the creation, as well as the
27
conservation and enhancement of places. A generally high quality and
diverse urban and rural environment is a particular asset that is enjoyed by
local communities. These are assets that the Council is anxious to maintain
and enhance, and as public awareness of good quality development grows,
poor design is increasingly seen as unacceptable.
1.20.2 In considering design, the Council will take account of a wider range of
factors than just appearance.
Good design relates equally to how
developments work, what they provide and how they relate to their
community. Spaces between buildings and the pedestrian environment are
as important as buildings. A well-designed place will have the right facilities in
the right location with good access. With this in mind, Policy DS6 is directed at
securing high quality design that is appropriate to the surrounding
environment, for the cultural, social, economic and environmental benefits that
this can bring to all areas and every section of society.
1.20.3 Aside from objective decisions that have to be made in determining
applications regarding the urban design aspects, (Policy DS7), development
should not compromise design standards in its own right. Whilst urban design
deals with the spaces between buildings and how they are used, this policy
seeks to ensure that proposals are seeking the right use in the right location.
It also seeks to ensure that individual buildings are not overbearing within their
context, and that the environment created is appropriate to the role and
function of the area, (parts a) and b)).
1.20.4 This policy also seeks to ensure that development sites are well laid
out and planned, having regard to their surroundings and context.
Developments should be able to show that a site’s area has been fully used
(i.e. that there is no ‘space left over after planning’). Additionally, the
appearance of buildings in a site and location will be tested by this policy,
(parts a) and b)).
[1.20.5 Many of these considerations are particularly important in the Central
Area and town centre. Swindon town centre…..]
1.20.6 By carefully considering design of buildings and space the potential to
reduce crime and the fear of crime may be enhanced. Such considerations
are fundamental in creating a high quality urban environment in which to live,
work and play. Certain proposals may additionally benefit from the use of
facilities for surveillance and monitoring. These facilities may help to reduce
crime and should be incorporated into development proposals where criminal
activity could reasonably be expected. Proposals for development that exhibit
layouts or design that will not provide the potential to minimise crime shall not
be acceptable, (part c)).
1.20.7 To ensure that existing amenity is protected, Policy DS6 requires that
any development proposal does not adversely impact on existing land uses in
terms of the full range of amenity impacts. This will include visual impacts, a
reduction in privacy from for example overlooking, increased noise or smell, a
28
reduction in available light, or a proposal that would create a potential safety
or operational concern to existing facilities such as trespass on a railway or
that may already affect the operational ability of such interests. Where the
proposal is in an area covered by an approved master or framework plan it
should accord with the provisions of that development framework, (part d)).
1.20.8 Similarly, important features that exist on a development proposal site
should be protected, and unless demonstrated otherwise incorporated into a
development, where this will lead to an enhancement of the feature and an
improvement to the design of the proposal. This may include existing trees,
covered by the Council’s SPG ‘Tree Protection on Development Sites’, wildlife
or heritage features such as protected species, acknowledged habitat and
archaeological sites, or public footpaths, (part e).
1.20.9 One of the most important amenity concerns is that of traffic impacts of
developments that are inadequately accessed, or services with unsatisfactory
parking provision. Such impacts often affect existing properties closest to the
development. Under the provisions of Policy DS6 development proposals
likely to generate such adverse impacts are not acceptable. The policy is also
intended to consider pedestrian and cyclist access to sites, and this is
furthered by Policy T1, (part f).
1.20.10 It is also important that proposals allow disabled people to access
their surroundings, (part f). Full consideration of access for the disabled is
covered by Policy ENV8, to which all relevant development proposals must
accord.
1.20.11 Landscaping can be used to enhance aspects of the environment
associated with development. Additionally, many potentially adverse visual
impacts of developments can be minimised, or mitigated through careful
landscaping. Policy DS6 requires that where a development proposal would
be likely to have a significant adverse impact on the surrounding area, (either
in whole or part), appropriate landscaping schemes to mitigate potential
impacts must form part of the proposal. However, such schemes are only
likely to be acceptable when native species of local provenance are used, or
where ‘natural’ landforms are replicated and should be prepared in
consultation with the Local Planning Authority. Where acceptable landscaping
is required, but cannot be secured, planning permission would not be granted,
(part g).
1.20.12 In order to embrace the principles of environmental sustainability new
developments should address sustainable construction methods in their
location, design, layout and materials. This may include the use of recycled
materials in construction and, in terms of energy and water efficiency, could
include the orientation of buildings to maximise solar heating potential or the
design of units to incorporate solar panels, or to capitalise on district heating
networks. Similarly sustainable drainage networks should be considered to
maximise the use of water within a development. Buildings should be as
energy and water efficient as practicable. In this respect the Great Western
29
Hospital is held up as a good example of modern, efficient construction,
encompassing a number of sustainable practices, (part h). Any such
proposals should accord with Policy ENV22.
1.20.13 To ensure that the use of recycled materials is maximised, and
provision is made for household recycling, development proposals should
have regard to the provisions of the adopted Wiltshire and Swindon Local
Plan, 2005
30
Urban Design
Policy DS7
Where large developments would create new public and private space
and/or new places, such proposals shall be permitted only where they
incorporate principles guiding good urban design, and demonstrate that
the development:
a) creates a high quality urban environment that reflects or improves on
local character and reinforces identity, or defines new character in areas
of significant development and regeneration particularly in the Central
Area;
b) clearly defines public and private space, while encouraging public
use through its relationship to the public realm;
c) contributes to both the ease of accessibility to the development,
particularly in respect of non-car travel, and to the permeability of the
development and its surroundings;
d) contributes to legibility by producing clear relationships with key
buildings and spaces, that either add to the identity of the place or
generate visual interest, and;
e) demonstrates robustness, flexibility, variety and choice.
Justification
1.21.1 Urban design covers the design of buildings, spaces and landscapes.
It is not limited to ‘urban’ areas and is applicable to both towns and villages.
Urban design is not, therefore, a solely ‘urban’ concept. This policy is not
intended to be applied to every application that the Local Planning Authority
receives (indeed it will be almost impossible to apply to most householder
applications), but it is relevant for most large developments that are intended
to create new public and private space and/or new places. The principles
discussed in this policy are particularly pertinent for the central area, where
the density of development, the variety of uses in the built environment and
the image it can portray are particularly high.
1.21.2 The importance of good urban design in the planning system has come
to the fore in recent years. Current emphasis on urban design is in part a
reaction to low density, homogenous development, but also to a perceived
lack of personal safety, the absence of good modern design and
development, and the failure to compromise the loss of greenfield sites with
urban regeneration. Accordingly, standards of design that are acceptable to
the Local Planning Authority will need to be much higher than in the past.
31
1.21.3 Every place has its own character, whether this is planned or not.
Places often have natural features, a development form, and a type of
material that is dominant or a consistency in style, which can contribute to
their character. Character can stimulate identity, and so contribute to
reinforcing a sense of community and a sense of inclusion. New development
should respond to this, and reinforce distinct local character. In some cases a
proposal could provide for a development that would improve the character of
a local area, or comprise a landmark building that would not cause harm to
local character. Where a proposal meets these criteria it should be considered
favourably by Policy DS7.
1.21.4 With this in mind development can often be seen as spectacular when
isolated from context. However, in practice such development may not
respond to its surroundings, by, for example, leaving pieces of space that
cannot be used, or do not convey any sense of meaning. Such spaces can
become unused and neglected, or attract undesirable uses. Accordingly,
development should relate to its surroundings and allow for a clear definition
of what is private and what is public space. This will enhance the experience
of people in and around the space and increase the desirability of a place as
one to be in. this will be a particularly important consideration regarding the
development of public space through regeneration in Swindon Central Area.
1.21.5 A development should tie in with sustainable transport objectives and
allow people to move to, and around it, with ease. Development should exhibit
permeability by, for example, ensuring that pathways and routes beneath,
through, or around the development are not blocked. Similarly, choice of
routes and entrances increase variety and promote wider surveillance as
people are more evenly and more widely spread. However, a balance needs
to be found – underused routes could lead to a personal perception of
insecurity, and increase the fear of crime. Places aided by development
proposals, should be lively and pleasant to be in.
1.21.6 The design and context of a proposal within its wider environment
should also be carefully considered. Points of interest should be easily
definable and clear to enhance a sense of location. Both individual buildings
and larger development proposals should ensure that key features remain
visible, thereby contributing to a sense of place and hence legibility.
Proposals that do not address this requirement generally exhibit poor legibility
and do not contribute to a knowledge of location or belonging and accordingly
would not be considered favourably by Policy DS7.
1.21.7 Further, in some cases, the ability to demonstrate that the development
is not rigid in its function will be an important consideration. For example,
Government guidance recognises the need to utilise previously developed
sites, which may mean reusing buildings. Accordingly, it would be prudent to
build flexibility into the construction of some buildings such that they continue
to be useful after their original use has ceased. The robustness of a building
– its ability to provide different functions – may therefore reduce dereliction
and vacancy in the future. In seeking a development with variety and choice,
32
the policy is looking to ensure that a compatible mix of uses is achieved within
the development and its context and that diversity and interest is an integral
part of the built environment we create.
1.21.8 The advice of the Council’s qualified urban designers and other built
environment experts will be important in implementing Policy DS7. Existing
Council design guidance will be updated to reflect the emphasis on particular
design initiatives when required and, ‘By Design’ will add context to the policy
statement.
1.21.9 In applying Policies DS6 and DS7 when assessing whether or not a
development proposal constitutes good design, and the effect that it would
have on the character and appearance of an area, the Local Planning
Authority will take account of the following aspects of development:
• land use and location;
• the nature and scale of the development, including site coverage, and the
level of activity it would generate;
• access and transportation; arrangements, including pedestrian and cycle
movements and public transport services;
• layout and ground levels;
• the importance that views and vistas may have;
• the quality of external spaces and spaces between buildings;
• the desirability of protecting and creating landmarks of quality;
• the need to preserve amenities of existing properties – such as appropriate
levels of privacy and access to daylight and sunlight;
• the provision of access for disabled people
• technical matters such as wind-effects of tall buildings and overshadowing;
• landscaping and effect on, or provision of, greenery;
• presence of protected species or features of biodiversity or environmental
importance on site and the manner in which such interests are protected
within the proposed development;
• building design; and
• in new residential developments, the provision of suitable external amenity
space for its residents.
Assessment of building design will require consideration of:
• size, bulk and height;
• shape and massing;
• proportions;
• vertical or horizontal emphasis;
• pattern of openings;
• materials; and
• colours.
33
Policy DS8
Applicants will be expected to meet infrastructure needs, including the
need for any community facilities, generated directly by their
development proposals, be they on or off site. Where these
requirements cannot be secured through a planning condition, an
obligation shall be sought prior to the grant of planning permission to
ensure that the necessary infrastructure is provided. In such cases,
planning permission shall only be granted when necessary
infrastructure generated by the development is secured through
planning conditions or obligations.
Justification
1.22.1 Many development proposals give rise to infrastructure requirements,
including the need for any community facilities, both on site, and across a
wider area, which are only needed as a result of the proposed development.
In many cases these requirements can be overcome by the use of conditions
attached to planning permissions. In other situations, however, planning
obligations may be more appropriately used as a mechanism to secure these
requirements, thereby rendering the proposal acceptable in planning terms.
DCLG Circular 5/2005 provides guidance on the use and application of
planning obligations that may be made under Section 106 of the Town and
Country Planning Act, 1990, (as amended by the Planning and Compensation
Act, 1991). Circular 5/05 states, (at Annex 2, para B5) that requirements of
planning obligations should be:
• relevant to planning;
• necessary to make the proposed development acceptable in planning terms
• directly related to the proposed development;
• fairly and reasonably related in scale and kind to the proposed development;
and
• reasonable in all other respects.
Any planning obligation that is entered into will be guided by these criteria.
1.22.3 Planning obligations are generally applied to larger developments,
where the provision of certain infrastructure required by that development is
necessary to allow that development proposal to proceed. In certain cases
improvements to infrastructure may be required such as site access/egress,
highway improvements beyond the site boundary, or in the provision of
essential services that are needed to progress the development. They
may alternatively include facilities, the provision of which will be required by
the proposals (be they either singular, or cumulative), necessitating the
provision of, for example affordable housing, education, recreation, open
space (including maintenance), healthcare or other community facilities where
the proposal would make a burden on services or facilities that are already
operating at capacity. They may also include, public transport, cycling or
pedestrian facilities, in pursuance of sustainable objectives; replacement
features, (such as habitat which may be lost to the proposed development
34
scheme); or public art, for the benefit of the community. Additionally
contributions would be expected towards improvements to Swindon’s Central
Area by developments in the Borough that are likely to place an increased
burden on the Central Area’s higher order services and facilities and the
public realm.
1.22.4 It is, however, unlikely that each of these would apply to all proposals.
The extent of a contribution can only be determined on a case by case basis,
taking into account the location and nature of the development and the local
infrastructure on which it would impact. However, contributions could be
required either by development facilitated through, or interests protected by, a
large number of policies of the Plan. Although not exhaustive, developer
contributions could be required by proposals determined in accordance with
Policies DS2, DS3, CA3A, CA3C, CA5A, CA6B, CA10, CA15, ENV7, ENV8,
ENV15, ENV16, ENV17, ENV18, ENV20, ENV21, ENV22, ENV23, ENV24,
ENV26, ENV27, E5, E7, E8, E10, H2, H3, H5, H6, H10, R2, R5, R6, R10,
R12, CF2, CF3, CF4, CF5, T1, T2, and T5, either to secure necessary
infrastructure or facilities, or to provide measures to protect, or mitigate
impacts on specific interests.
1.22.5 In order to ensure the adequate provision of these requirements,
planning obligations could take the form of full costs for the facility or
infrastructure, its actual provision or, where the requirement is likely to result
from several development proposals, a contribution towards the cost of
providing that which is required. In all cases, such obligations should be
entered into by the applicant, at the request of the Local Planning Authority.
1.22.6 Policy DS8 reflects guidance in Circular, 5/05 and broadly covers the
circumstances in which planning obligations will be applied. Other policies of
this plan covering named development proposals provide greater detail of
issues that need to be addressed by planning obligations, and should be seen
as a specific interpretation of this policy. The requirements of the Southern
Development Area, (Policy DS2), Commonhead (Policy DS3) and the Central
Area (Policy CA15) are examples of this, with all requirements listed in
Appendices 2 and 3 which accord with the general provisions of Policy DS8.
1.22.7 In all cases, when a development proposal that is likely to be refused
would be rendered acceptable by securing a planning obligation, planning
permission will only be deemed ‘granted’ once that obligation is signed. If
such an agreement cannot be achieved through a planning obligation, then
the proposal will be refused.
35
Access For All
Policy ENV8
Development proposals should include appropriate provision to allow
ease of access for everyone including provision of facilities for disabled
people.
Justification
3.9.1 All members of the community should be able to access buildings and
their environs in a convenient manner. This includes people with disability and
those with diminished mobility. For the purpose of this Policy, disabled people
are taken to include people with mobility disabilities or who use wheel chairs,
people who are frail and people with sensory impairments. People with
diminished mobility may include those with young children in prams or
pushchairs or the elderly.
3.9.2 Access for All is based on the principle of enabling everyone to move
about their community without distinction between different categories of user
and so far as possible independently. Such an inclusive approach benefits a
far wider range of users then would otherwise be the case – people in
wheelchairs; those with mobility, visual or hearing impairment; older people;
those with hidden disabilities; those with learning difficulties; children in
pushchairs or people encumbered by luggage or heavy shopping. Careful
consideration must be given to this issue at an early stage in the design
process.
3.9.3 The planning requirements for disabled people in new development
dovetail with the Disability Discrimination Act (DDA), 1995, and Part M of
Schedule 1 to the Building Regulations. The DDA requires that disabled
people should not be discriminated against in employment, in the provision of
goods, facilities and services and in the selling of land and property. The
Building Regulations deal predominantly with the internal layout of buildings
and place requirements on how non-domestic buildings should be designed
and constructed with disabled people in mind. The Local Plan complements
the provisions of the Building regulations and the DDA, by requiring that there
should be ease of access to new buildings or to buildings that are subject to
alterations, extensions, or change of use, to which the general public has
access. Planning permission may be refused for developments that fail to
make adequate provision for disabled people.
3.9.4 Provision for disabled people and people with diminished mobility, sight
or hearing should be fully integrated into development provisions to enable
convenient access into buildings at their main entrance(s) through for
example, the use of tactile materials, clear signage, ramps, handrails and
wide doorways. All external exits and entrances to buildings containing flats,
sheltered housing and nurse-care units should be accessible, and a
proportion of nursing home residential units should be designed to allow for
36
the unassisted access by a wheelchair user resident. The Council has
prepared Supplementary Planning Guidance to this Plan -, “Access for All”
which provides guidance on making provision for disabled access. It will also
apply to any work undertaken by, or for the Council, in the public realm. The
Borough Council can offer specialist advice to developers in achieving this
inclusive approach to development.
3.9.5 The Council recognises that historic buildings do not always lend
themselves easily to conversion. However, it should normally be possible,
through sensitive design, to provide suitable access for all members of the
community, while respecting the historic character of the building.
3.9.6 Where disabled parking, bus stops or taxi ranks are proposed, they
should be readily accessible and located in close vicinity of the main building
entrance(s). Any pathways proposed should be designed to allow for their
practicable use by the disabled.
37
Major Local Centres
Policy S12
Within the Major Local Shopping Centres, as defined on the Proposals
Map, Class A1 uses shall be permitted provided they are appropriate to
the scale, function and character of the Centre.
Proposals for non-Class A1 uses shall be permitted where they:
a) enhance the local centre function; and
b) either by themselves or cumulatively with other uses, shall not harm
the vitality and viability of the centre.
The following centres are allocated as major local centres:
• Clive Parade, Cricklade Road
• Ferndale Road
• NDA Area 3 Village Centre (not yet built)
• Rodbourne Road
• SDA Major Local Centre (not yet built)
• Shopping Area contained within Manchester Road, Corporation Street
and Broad Street
• Shopping Area contained within Moredon Road, Whitworth Road and
Cheney Manor Road
• Sussex Square, Walcot East
• Westcott Place/ Park Lane Area
Justification
6.9.10 Major local centres are defined as areas with more than 10 premises
within Class A1, A2 and A3 Use in close proximity. Retail parks are not
included within the definition.
6.9.11 The above shopping areas provide a variety of local shops and
services. These centres fulfil an important function within the shopping
hierarchy by serving the day-today needs of local residents and other
customers, especially those who do not have access to a car.
6.9.12 Policy S12 seeks to maintain the vitality and viability of the major local
38
centres by protecting their predominantly Class A1 retail use. At the same
time it recognises that other uses, such as banks, estate agents and cafes
provide a complementary service to the shopping public and it is therefore
appropriate to make provision for them within these centres. Proposals for non
Class A1 uses that would complement the Class A1 uses will be considered
against Policy S1.
39
Transport Requirements of Development
Policy T1
Development shall be permitted where proposals provide access that is
appropriate to the scale, type and location, without detriment to highway
safety, traffic movement, and the local environment; and
a) provide for accessibility into and, where relevant and practical, within
the development, by a choice of transport modes, including public
transport, cycling and walking (with proper provision for disabled
people); and
b) provide traffic calming improvements that are appropriate to the
scale, type and location of development in accordance with Policy
DS8; and
c) include transport improvements in the vicinity of the development if
required as a consequence of any extra travel generated by the
development, including revenue support, in accordance with Policy DS8;
and
d) provide on site secure cycle and motorcycle parking in accordance
with the Council’s parking standards in Appendix 11; and
e) provide car parking not in excess of the maximum levels set out in
Appendix 11 and determined according to the Council’s accessibility
assessment in Appendix 9.
Justification
9.5.1 It is desirable for new developments to be located where there is good
public transport access, in order to reduce the use of cars, and enable those
without cars to reach the development. Where a new development which is
considered would generate a large number of motorised trips is proposed in a
location without good public transport access, it will be necessary, if the
development is appropriate in all other respects, for the infrastructure and
revenue support to be provided, in accordance with Policy DS8.
9.5.2 In all cases development should provide a level of access that is
appropriate to its location, and the type and nature of vehicles that will use it.
All proposals must ensure that they do not constitute an unacceptable impact
on local amenity as a consequence of inadequate access and must not
compromise highway safety. Development should prioritise access by public
transport, cycling and walking, and make proper provision for disabled people,
in accordance with Policy ENV8.
9.5.3 The Government’s Design Bulletin 32 (Second Edition) and it’s
companion guide ‘Places, Streets and Movement’ (April 1992), make clear the
40
Government’s expectation of Local Planning and Highway Authorities with
respect to the preparation of local guidance and specification requirements.
‘Places,
Streets and Movement’ states that, ‘Local Highway Standards should provide
developers and others with information on the standards of design, layout and
construction which local authorities would expect new developments to follow,
particularly where roads are to be adopted’. With this in mind the Council has
produced a document that gives guidance to developers entitled, ‘Transport
Requirements for Development’. Traffic management and calming measures
may be required as well as transport improvements in the vicinity of the
development site as a consequence of any extra traffic being generated by
the development.
9.5.4 As far as parking provision is concerned the Council has maximum
parking standards for cars as well as standards for cycle and motorcycle
parking. The Council has also produced accessibility standards, which can
reduce the maximum number of car parking spaces needed for a particular
development. This can happen where a proposed development has good
accessibility in terms of its location in relation to trip generating development,
public transport infrastructure and proximity to the cycle network. While there
is room for some flexibility permission will not be granted to proposed
developments that over provide with the number of car parking spaces. Largescale developments that have poor accessibility by sustainable modes of
transport and are incapable of providing for them will not be permitted.
Likewise small scale developments that generate a large number of trips may
not be permitted if similar circumstances exist.
9.5.5 PPG13 states that Local Planning Authorities should take a pro-active
approach towards the implementation of planning policies on transport to
deliver more sustainable transport solutions. This will ensure that proposed
developments’ transport impacts are fully taken into account and that
appropriate measures are put in place if the development is acceptable. One
way in which this can be done is to make sure that large developments
undergo a Transport Assessment before any planning permission is given.
This may lead to Travel Plans being required for eventual occupiers of a site.
9.5.6 There are a variety of measures that can be taken to make up a Travel
Plan and each one will depend on the particular development or mix of
developments included in a proposal. Employers can include in their Travel
Plans measures such as cycle facilities including showers, home working
options, car sharing schemes, parking controls/restrictions and public
transport information and discounts. Conditions may be attached to outline
planning permissions requiring a Travel Plan to be prepared at the detailed
proposals stage. Implementation and monitoring of the Travel Plans will be an
important part of any planning obligation.
41
Appendix I
Schedule of Existing Retail Occupiers
Sussex Square Shops
Property
1
User
Furniture Project
2
Furniture Project
3
Newsagent / Post Office
4
Vacant ex-Betting Office
5&6
Grocery / provisions
7
Community shop
8
Grocer / Off Licence
9
Vacant ex-Butcher
10
Chemist
11
Off Licence
12
Neighbourhood Wardens
13
Vacant ex-Takeaway
14
Vacant ex-Takeaway
Former Library
Community Shop & Library
Former Common Room
Furniture Project
42
Current Rent
Appendix J
Appraisal Form
Sussex Square – Financial Appraisal (Retail Part)
Item
Site area for the retail part (in hectares or acres)
0.31 ha / 0.75
acres
GIA of proposed convenience store (in sq m or sq. ft.)
Anticipated annual rental value of convenience store
£
GIA of proposed first unit shop (in sq m or sq. ft.)
Proposed use of first unit shop
Anticipated annual rental value of first unit shop
£
GIA of proposed second unit shop (in sq m or sq. ft.)
Proposed use of second unit shop
Anticipated annual rental value of second unit shop
£
GIA of proposed third unit shop (in sq m or sq. ft.)
Proposed use of third unit shop
Anticipated annual rental value of third unit shop
£
GIA of proposed community shop & library (in sq m or sq. ft.)
Anticipated annual rental value of community shop & library
163 sq m / 1,750
sq ft
£1
Proposals for provision of sub-Post Office (unit shop or within
convenience store)
Proposals for provision of pharmacy (unit shop or within
convenience store)
Freehold Land Value as a cleared site in its current
condition (assuming no abnormal ground conditions and net
of any s106 financial contributions)
43
£
This document can be produced in a range of languages and formats (such as
large print, Braille or other accessible formats) by contacting the Customer
Services Department.
Tel: 01793 463725
Fax: 01793 463982
E-mail: customerservices@swindon.gov.uk
44