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1 P/2005/0138/MPA Tormohun South Devon College Newton Road/Teignmouth Road/Barton Road/Oakhill Road Torquay Mixed Use Development Comprising 333 Residential Properties; 61 Sheltered Housing Units; Office Development; Wine Bar, Non Food Retail Accommodation. THIS IS A DEPARTURE FROM THE TORBAY LOCAL PLAN Constraints: Area Tree Preservation Orders - 71.01 Within 15m of Conservation Area - Within 15m of Tormohun Cirl Bunting 2KM Feeding Zones - In Zone Conservation Area - Tormohun Individual Tree Preservation Orders - Multiple (Spatial) Comments Received (As of 17 May 2005): Supporting Application Objecting To Application Mrs J Yelf - Ashdown Cricketfield Road Torquay Mr Nick Ford - 39 Parkhurst Road Torquay Devon Mrs Diana Van Craen-Bennett - Romara 88 Teignmouth Road Torquay Mr David Hodgson - Seefeld 13 Barton Road Torquay Mr _ Mrs Morrisroe - Newtonia Tor Park Road Torquay R _ J Rust Ashford - Little Octon Dosson Grove Torquay Jillian M Smithurst - No Address Given Mr _ Mrs Holloway - 39 St Michaels Road Torquay Mr Allan Poxton - 21 St Michaels Road Torquay TQ1 4DD Billie Hoare - 28 Bampfylde Road Torquay TQ2 5AR Mr Roger Lean - 7 York Crescent Babbacombe Torquay Mr _ Mrs Risley - 36 Cleveland Road Torquay TQ2 5BW Mr David Hodgson - 13 Barton Road Torquay TQ1 4DP Helen Snell - Holmedale Stoke Road Combeinteignhead P M Smith - Flat 2 Oaklawn Court Barton Road Torre Mr P Skinns - 12 Morgan Avenue Torquay TQ2 5RS Mr S Yao - 7 Oaklawn Court Barton Road Torquay Mrs M Coward - 6 Briwere Road Torquay TQ1 4DU Mr _ Mrs Pearse - 99 Teignmouth Road Torquay TQ1 4ES Mr K Wenham - Penlea Cricketfield Road Torquay Mr Coleville - 27 Vansittart Road Torquay Devon Mrs Richards - Wyndholme St Katherines Road Torquay Keith Vincer - Cresta Lodge St Vincents Road Torquay D Betts - 5 Valley View Close Torquay Devon Peter Tolley - 22 Briwere Road Torquay Devon R Doe - The Braes Stantaway Park Torquay Mrs Manders - 69 Teignmouth Road Torquay Devon Mr & Mrs Hanbury - 27 St Michaels Road Paignton Devon S Tolley - 31 Parkhurst Road Torquay Devon Dr Said - 48 Parkhurst Road Torquay Devon Ann Minton - 15 Church Street Torquay Devon Mr Bald - Andante Cricketfield Road Torquay

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P/2005/0138/MPA Tormohun South Devon College Newton Road/Teignmouth Road/Barton Road/Oakhill Road Torquay Mixed Use Development Comprising 333 Residential Properties; 61 Sheltered Housing Units; Office Development; Wine Bar, Non Food Retail Accommodation. THIS IS A DEPARTURE FROM THE TORBAY LOCAL PLAN Constraints: Area Tree Preservation Orders - 71.01 Within 15m of Conservation Area - Within 15m of Tormohun Cirl Bunting 2KM Feeding Zones - In Zone Conservation Area - Tormohun Individual Tree Preservation Orders - Multiple (Spatial)

Comments Received (As of 17 May 2005): Supporting Application Objecting To Application Mrs J Yelf - Ashdown Cricketfield Road Torquay Mr Nick Ford - 39 Parkhurst Road Torquay Devon Mrs Diana Van Craen-Bennett - Romara 88 Teignmouth Road Torquay Mr David Hodgson - Seefeld 13 Barton Road Torquay Mr _ Mrs Morrisroe - Newtonia Tor Park Road Torquay R _ J Rust Ashford - Little Octon Dosson Grove Torquay Jillian M Smithurst - No Address Given Mr _ Mrs Holloway - 39 St Michaels Road Torquay Mr Allan Poxton - 21 St Michaels Road Torquay TQ1 4DD Billie Hoare - 28 Bampfylde Road Torquay TQ2 5AR Mr Roger Lean - 7 York Crescent Babbacombe Torquay Mr _ Mrs Risley - 36 Cleveland Road Torquay TQ2 5BW Mr David Hodgson - 13 Barton Road Torquay TQ1 4DP Helen Snell - Holmedale Stoke Road Combeinteignhead P M Smith - Flat 2 Oaklawn Court Barton Road Torre Mr P Skinns - 12 Morgan Avenue Torquay TQ2 5RS Mr S Yao - 7 Oaklawn Court Barton Road Torquay Mrs M Coward - 6 Briwere Road Torquay TQ1 4DU Mr _ Mrs Pearse - 99 Teignmouth Road Torquay TQ1 4ES Mr K Wenham - Penlea Cricketfield Road Torquay Mr Coleville - 27 Vansittart Road Torquay Devon Mrs Richards - Wyndholme St Katherines Road Torquay Keith Vincer - Cresta Lodge St Vincents Road Torquay D Betts - 5 Valley View Close Torquay Devon Peter Tolley - 22 Briwere Road Torquay Devon R Doe - The Braes Stantaway Park Torquay Mrs Manders - 69 Teignmouth Road Torquay Devon Mr & Mrs Hanbury - 27 St Michaels Road Paignton Devon S Tolley - 31 Parkhurst Road Torquay Devon Dr Said - 48 Parkhurst Road Torquay Devon Ann Minton - 15 Church Street Torquay Devon Mr Bald - Andante Cricketfield Road Torquay

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Mrs Robinson - Carlovia St Vincents Road Torre Mr _ Mrs Williams - 2 The Ridge Stantaway Hill Torquay Sean Lindsay - Not Given Mrs Liz Wimbleton - Torbay Olympic Gymnastics Club Terri Cheralalow - Tary CLeave Tor Park Road Torquay R A Short - 41 South Street Torquay TQ2 5AJ Mr J L Shambrook - Clovergate Stantaway Park Torquay TQ1 4EU Mr Brian Davies - 2 Avoca Court 35 Teignmouth Road Torquay Mrs Deborah Coultis - 6 Upton Road Upton Torquay Mrs B Collier - 45 Upton Road Torquay Devon Robert Excel - 203 Union Street Torquay Devon Mr Smith - 34 Barton Road Torquay Devon Mrs Shelia Salters - 12 Embury Close Kingkerswell Newton Abbot Mrs Hodge - 3 Oaklawn Court Barton Road Torquay Richard Soper - 14 Barton Road Torquay Devon Rodney Wilson - Ridge Cottage Stantaway Hill Torquay Mr Glendhill - 3 Parkhurst Road Torquay Devon Derek Barber - 29 Teignmouth Road Torquay Devon John & Ruth Chapman - 52 South Street Torquay Devon C D O'Donoghue - 8 Barton Road Paignton Devon Alison Deghton - 52 Teignmouth Road Torquay Devon Mary - 72 East Street Torquay Devon Mrs Thorner - Amberley Cricketfield Road Torquay Mrs McKenna - 2 St Vincents Road Torquay Devon G Head - Endsleigh Rooklands Avenue Torquay Mrs Stanton - 10A Barton Road Torquay Devon Joanne Turle - 24 Barton Road Torquay Devon Mr Bestwick - Lewdown The Ridge Stantaway Hill VBS Builders - 46 Barton Road Torquay Devon Mrs Maclean - Henry - 19 Upton Road Torquay Devon Occupier - 26 Teignmouth Road Torquay Devon Occupier - 28 Teignmouth Road Torquay Devon Mr L G Dymond - 11 Magdelane Road Torre Torquay Mrs Joyce - 20 Teignmouth Road Torquay Devon Lianne Snookes - 30 Teignmouth Road Torquay Devon Mrs Musselwhite - 22 Newton Road Torquay Devon Brian Williams - Little Knoll 10 Barton Road Torquay Mrs Rainbird - 4 Barton Road Torquay Devon Mr _ Mrs Oribine - 10E Barton Road Torquay Devon Mrs G I Dawson - Greytree 6 Third Avenue Colesdown Hill T Pryce - 32 Hillrise Brixham Devon Mr M West - 2 Barton Road Torquay Devon Colin Stevenson - 4 Edinburgh Villas 1 Upton Road Torquay R B Riggs - 4 Avoca Court 35 Teignmouth Road Torquay David Newton - 43 Teignmouth Road Torquay TQ1 4EG C J _ J Harvey - 94 Teignmouth Road Torquay TQ1 4EX Christopher Giles - St Lawrence Lansdowne Road Torquay Russell Green - 29 Nut Bush Lane Torquay Devon Julian P Niles - Mead Prior House Tor Park Road Torquay Miss Jill Gladwin - 3 Matthew House 15 Brunswick Terrace Torquay Suzanne Aiston - Vine Cottage 10 Teignmouth Road Torquay Katherine Smith - Lyncombe Stantaway Park Torre Pamela Jeffrey - 4 St Vincents Close Torre Torquay Mr _ Mrs D Williamson - 11 Barton Road Torquay TQ1 4DP S M Phelps - Flat 17 Manor Court 22 Newton Road Torquay

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Doris Musselwhite - Flat 19 Manor Court 22 Newton Road Torquay Mr _ Mrs Osbourne - 26 South Street Torquay TQ2 5AA S Ross - Whiteoaks 14 St Vincents Close Torquay M E Plumer - Ramblers St Vincents Road Torre Mr Devlin - 55 Teignmouth Road Torquay Devon Mrs Elsie Williams - 59 Teignmouth Road Torquay Devon R A Jeffery - 40 Barton Road Torquay TQ1 4DP Mr John Rooney - Elm Crest Cricketfield Road Torquay Clive Rowland - 20 Shirburn Road Torquay TQ1 3JL Mr _ Mrs G Bowman - 9 College Court Teignmouth Road Torquay Mary Harley - Torwee St Katherine's Road Torquay Michael R Walker - Torcliffe Cricketfield Road Torquay James Hubble - 13 St Vincents Close Torre Torquay L Webster - 65 Newton Road Torquay TQ2 6EP Miss L Pope - 17 Parkhurst Road Torquay TQ1 4EW Sarah Braye - 17 Church Lane Torquay Devon SRN Proprietor - Carisbrooke Nursing Home 50 Teignmouth Road Torquay Occupier - The Retreat Avoca Avenue Torquay G D Finchaw - 54 Teignmouth Road Torquay TQ1 4ET Anne Messer - 47 Teignmouth Road Torquay Mr _ Mrs D Knight - 1 Dosson Grove Torquay TQ1 4DH Mr F Campbell Smith - 52 Parkhurst Road Torquay TQ1 4EP Mrs J B Norwood - 1 Lauriston Court Torhill Road Torquay Occupier - 12 Teignmouth Road Torquay Devon David Clifford - 30 Upton Road Torquay Devon Mr Valente - 13 Earls Court St Vincents Road Torquay Ken _ Jean Strong - 20 Earls Court St Vincents Road Torquay Mrs D Hall - 27 Earls Court St Vincents Road Torquay Jon Rawley - 18 Briwere Road Torquay Devon A Finch - 13 Homepalms House Brunswick Square Union Street Torquay Mrs M Douglas - 9 Homepalms House Brunswick Square Union Street Torquay Occupier - 19 Homepalms House Brunswick Square Union Street Torquay Petra Turner - 58 Barton Road Torquay Devon Mr Savvas - 35 Parkhurst Road Torquay Devon R F Mann - 48 Barton Road Torquay Devon Mr Bourne - 5 St Vincents Road Torquay Devon Mary Mahlberg - Anon Joel Cutter - Anon Vincent Green - 28 Burn River Rise Torquay Devon Q Russell - 64 Barton Road Torquay Devon David Kiddy - Anon Mr & Mrs Lacey - Anon Mrs Bouttens - Flat C 48 Vanehill Road Torquay Mr & Mrs Chalk - 15 Parkhurst Road Torquay Devon Mrs Reid - 28 Earls Court St Vincents Road Torquay Mrs E Hanbury - 27 St Michaels Road Paignton Devon Ivor Best - Ivanor Cricketfield Road Torquay Roger Tackley - Torbay Hospital Mr & Mrs Smith - Futtocks End Barton Road Torquay M R Youens - Little Dean St Katherines Road Torquay Adele Beale - 6 Earls Court St Vincents Road Torquay F Ahern - 12 Earls Court St Vincents Road Torquay Occupier - House Managers Apartment Brunswick Square Union Street Torquay P Brown & J Luetchford - Homepalms House Brunswick Square Union Street Torquay M Lockley - 16 Homepalms House Brunswick Square Union Street Torquay

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K Neate - 14 Homepalms House Brunswick Square Union Street Torquay A M Stamp - 24 Homepalms House Brunswick Square Union Street Torquay Anne Bradford - Torre Delights 288 Union Street Torre Mary Jakes - 169 Westhill Road Torquay TQ1 4NS Yvonne Wickens - 323 Teignmouth Road Torquay Devon Mrs Eileen Ainsley - Avoca Avoca Avenue Torquay John Hoare-Allen - 4 Clarendon Close Tor Vale Torquay Mrs M J Schilano - Kuling House Torvale TQ1 4EB Mrs Linda Hayford - Green Bank 37 Ash Hill Road Torquay Mr R F Deason - Mentone Tor Vale Torquay Mr Roger Hayford - 37 Ash Hill Road Torquay TQ1 3JD Mr & Mrs Machingshend - 5 Earls Court St Vincents Road Torquay Mrs Pattison - 10 St Vincents Close Torquay Devon Ann Sisson - 8 St Vincents Close Torquay Devon John Matthews - 12 Barton Road Torquay Devon R Jenny - 15 Barton Road Torquay Devon Mrs Gladys Green - Sheridan Oakhill Road Torquay Mrs M White - 36 Teignmouth Road Torquay Devon Mrs M Green - Fern Tor Oakhill Road Torquay C W Ritchie - 20 Barton Road Torquay Devon Mrs Gwisda - 21 Barton Road Torquay Devon V Rusk - 14 Barton Road Torquay Devon Helen Ridehalgh - Appledore Oakhill Road Torquay R Parker - 10 Teignmouth Road Torquay Devon Cynthia Kerslake - 14 Newton Road Torquay TQ2 5BZ Peter _ Edwina Fields - Glenlyn Tor Vale Torquay Marc Brady - 74 Old Teigmouth Road Torquay TQ1 4ET Mr Jonathan Bowen - 25 Belgrave Road Torquay TQ2 5HU S J Bell - 88 Barton Road Torquay TQ2 7NS P McLeary - 12 Oaklawn Court Barton Road Torquay Miss J Morton - 3 Magdalene Road Torquay Mrs Angela Watkin - 42 Barton Road Barton Torquay Mr Martin _ Mrs Rebecca Chalk - 15 Parkhurst Road Torquay TQ1 4EW L Kirkham - 16 Westleat Avenue Paignton Devon L Whitear - 2 Cleveland Road Paignton Devon Mr Winfield - Parmar Cricketfield Road Torquay Rev J Lee - Westward Ho Tor Park Road Torquay Torre Action Group Petition Of 1000+ Names - Torre Residents Torquay Occupier - 46 St Vincents Road Torquay Devon B Macey - Stranmills Avoca Avenue Torquay Mrs Crispin - 10 Valley View Close Torquay Devon W Cucies - Clifton House St Katherines Road Torquay J Lupson - 73 Audley Avenue Torquay Devon Mr Goulden - 27 Lower Thurlow Road Torquay Devon Occupier - 3 Clarendon Close Torre Torquay Roy Foster - 81 Lymington Road Torquay Devon David Luce - Orchard House Stantaway Park Torquay Mrs Broadway - Ridge End Stantaway Hill Torquay Mr Leach - Kuling House Hotel Tor Vale Torquay Mrs Coles - Castillo Stantaway Park Torquay J Hale - Cragside Stantaway Park Torquay D Wilkins - 41 Teignmouth Road Torquay Devon Occupier - 45 Teignmouth Road Torquay Devon Occupier - 49 Teignmouth Road Torquay Devon Mr & Mrs Brueton - 53 Teignmouth Road Torquay Devon

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Occupier - 71 Teignmouth Road Torquay Devon Mr & Mrs Lawson - 80 Teignmouth Road Torquay Devon Occupier - 26 Teignmouth Road Torquay Devon Mrs M Luxton - 26 Old Woods Hill Torquay Devon William Ward - Hentor Sunbury Hill Torquay Mrs Luffer - Ridgeway House Tor Vale Torquay Occupier - Westella Tor Vale Torquay A Johnson - Excalibur House Tor Vale Torquay

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P/2005/0138/MPA Tormohun Ward South Devon College, Newton Road/Teignmouth Road/Barton Road/Oakhill Road, Torquay Mixed Use Development Comprising 333 Residential Properties; 61 Sheltered Housing Units; Office Development; Wine Bar, Non Food Retail Accommodation. THIS IS A DEPARTURE FROM THE TORBAY LOCAL PLAN Site Details South Devon College is a 4 hectare site bordered to the north west and east by predominantly residential accommodation and to the south by uses of a more mixed residential and commercial character. It is sustainably located close to the Torre Local Centre and convenient for public transport served by a regular bus service and the rail station being within easy walking distance. It is also within close proximity of the national cycle network. Public car parks can be found at Brunswick Square, opposite the site and Lymington Road, which is a few minutes' walk distant. It is located adjacent to the Torre and Tormohun Conservation Areas and a terrace of Grade II Listed Buildings abut the southern boundary of the site. No. 18 Teignmouth Road on the south east boundary is also Grade II Listed. Upton Park is within a few minutes' walk of the site. It is currently occupied by a disparate range of educational buildings which vary in height across the site, culminating in the 8 storey McKay Building which is particularly prominent in views due to its height and elevated position within the site. The existing buildings are of no visual merit and ad hoc development over the years has resulted in the site having a poor quality appearance which does not 'fit' with its surroundings. There are a few trees of merit on and adjacent to the site. The 'Foyer Project' occupies the extreme south east corner of the site and has become a valued community resource for the residents of Torre. Relevant Planning History 2003/1506 The college recently obtained planning permission to relocate to Vantage

Point, Long Road. This is dealt with in more detail in 'Background'. Relevant Policies Government Guidance PPS1 "Delivering Sustainable Development" PPG3 "Housing" PPG6 "Town Centres and Retail Development" PPG13 "Transport" PPG15 "Planning and the Historic Environment" Devon County Structure Plan (First Review 1999) - Indicates that 6200 dwellings to be provided in Torbay from 1995-2011. Torbay Local Transport Plan. Torbay Local Plan 1995-2011 Housing HS Housing strategy H2 New housing on unidentified sites H3 Residential accommodation in town centres H6 Affordable housing on unidentified sites

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H9 Layout, design and community aspects H10 Housing densities H11 Open space requirements for new housing Employment ES Employment and local economy strategy E2 Town centre office sites E5 Employment provision on unidentified sites E9 Layout, design and sustainability Shopping SS Shopping Strategy S1 Town Centres S6 Retail development outside identified centres Community Education and Health Facilities CS Sustainable communities strategy CF2 Crime prevention CF6 Community infrastructure contributions CF7 Educational contributions CF8 Primary school provision CF9 Secondary school provision CF11 South Devon College Infrastructure IN1 Waste drainage and sewage infrastructure Waste and Minerals W6 New development and minimisation of waste W7 Development and waste recycling facilities Landscape and the Green Environment L10 Major development and landscaping L9 Planting and retention of trees Environmental Protection EPS Environmental protection strategy EP1 Energy efficient design EP7 Contaminated land EP11 Flood control Built Environment BS Built environment strategy BE1 Design of new development BE2 Landscaping and design BE5 Policy in conservation areas BE6 Development affecting listed buildings BE9 Archaeological assessment of proposals Transportation and accessibility TS land use transportation strategy T1 Development accessibility T2 Transport hierarchy T3 Cycling T7 Access for people with disabilities

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T25 Car parking T26 Access to highway T27 Servicing The key points arising from this policy framework are explained in the "Key Issues/Material Considerations" part of the report which follows. Proposals The application is for the demolition of the existing buildings on the site and redevelopment to provide the following:- 1. 334 residential dwellings comprising 249 one and two bed flats and maisonettes and

85 two, three, four bed houses.

These are to be accommodated in buildings ranging in height from 2 storeys to a maximum of 11 storeys.

Car parking spaces are provided at a ratio of one space for each unit.

Of these, 30% are proposed to be 'affordable' to be delivered by a Registered Social Landlord. None of the affordable units are proposed in the 11 storey building.

2. In addition there are 61 one and two bed sheltered apartments to be accommodated

in a block ranging from 3-6 storeys in height with 30 allocated car parking spaces. These will be available only to residents who are 55 plus and their spouses. There are no affordable units in this block.

3. The following commercial uses are proposed:-

A wine bar of 321 square metres and retail units of 542 square metres located overlooking the public square. Adjacent to Barton Road is a 3000 square metre office building 3-4 storeys in height. A further 1000 square metres office building, 2 storeys in height, is located to the north-west of the 'Foyer Project'. 11 car parking spaces are allocated for the offices. It is anticipated that local car parks which are at present largely under utilised will cater for the demands of the commercial users.

4. Included within the scheme are areas of public amenity space and a children's play

area. 5. There are associated works to the public highways including traffic calming to Barton

Road and public realm improvements to facilitate access to the local centre, bus stops and cycle routes.

Supporting the application Detailed assessments on the following have been submitted:- 1. Transport Impact Assessment 2. Retail Impact Assessment 3. Economic Appraisal 4. Protected Species and Bat Survey 5. Archaeological Assessment 6. Drainage Survey 7. Statement on Community Involvement 8. Design Statement.

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Consultations Wide ranging external consultation was carried out:- Government Office for the South West: The application has been advertised as a departure to the Local Plan and the views of the Government Office for the South West are awaited. English Heritage: Do not wish to make representations. Environment Agency: Do not object to the principle of the development but require clarification on details of drainage design in order to ensure that there is no increase in surface water run off. These points have been addressed by the applicant and should be resolved. Progress will be reported verbally. The Association of British Insurers: Has written stating that consent should not be given until the Environment Agency are satisfied that the matter is resolved. English Nature: No evidence of protected species but possible bat roosting opportunities. Recommends that where possible mature trees are retained and any clearance should be outside bird breeding season. Felling of trees that offer potential roosting opportunities needs to be checked by a licensed bat worker prior to felling. Devon Fire and Rescue Service: Express concerns about width of access roads/pinch points and ability to adequately access some more remote units. The applicants have been in discussion to overcome these concerns. Progress will be reported verbally. CABE: Obs. awaited. Police Architectural Liaison Officer: Comments include the crime statistics for Torre and make the point that any development would have an impact on these figures. He recommends that the scheme be designed to achieve a "Secure by Design" accreditation. The specific points raised relate to opportunities for natural surveillance, integration of affordable housing, management of the planting on site, CCTV, access to car parks, abuse of communal space by skateboarders/mountain bikers, young people, clear identification of properties, ensuring that balconies do not facilitate access, need for lighting and improved surveillance of car parking areas and security of access. Negotiations have followed this initial feedback and a clear statement of the up to date police view of the proposals will be presented to the meeting. T.E.A.M. (Torbay Environment Access Meeting: Request and Access Statement to ensure that needs of all users taken into account. This has been requested. Copies of all documents referred to above are reproduced as Appendix A. Internal responses to consultation are as follows:- Strategic Transport: Are satisfied that the scheme is acceptable, meeting the requirements and objectives of prevailing policy and guidance at a local and national level, subject to the agreed works being implemented. Strategic Policy: Are satisfied that the scheme meets the policy requirements established in the Local Plan. Detailed matters are raised where relevant in the main body of the report. Education: Have indicated that the offer of £178,819 towards satisfying Policy CF7 of the Local Plan is acceptable and will meet the needs for primary and secondary provision arriving as a consequence of this development. Refuse and Waste: Obs. awaited. Housing: Require detailed financial information regarding the agreement between the applicants and the RSL in order that deliverability of the affordable housing can be assured. Further detail of affordable mix required. Environmental Health: Want a contaminated land survey and remediation strategy to be secured by condition. Torbay Development Agency: Obs. awaited. Representations Barratts held an exhibition in July 2004 to inform the local community of their proposals. The "Green Issues" Exhibition response (Appendix B) will be forwarded separately.

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Approximately 200 letters of objection and a petition were received prior to the application being submitted. These are not reproduced. Since receipt of this application, a further 340 letters of objection have been submitted, and a petition signed by 1126 people. Copies of all individual letters are reproduced together with sample pages of the petition at Appendix C. In response to the letters of objection, meetings have been arranged by the Torre Action Group and Members and officers have attended in order to gain an understanding of the depth and range of concerns. A more formal meeting between the Leader of the Council, officers and representatives of the Torre Action Group was held on the 15th April 2005 to further discuss concerns. A subsequent meeting was held to discuss detailed traffic matters. The concerns can be summarised as: 1. Density/excessive scale of buildings/impacts of high rise buildings particularly the 11

storey block. Impact on Barton Road from 3/4 storey scale of development and from office building.

2. Resulting form of development being unsympathetic, out of character, insensitive to context with adverse impact on Conservation Area and Listed Buildings and Torre Village.

3. resulting adverse impact on residential amenity through overbearing impact, dominating outlook, loss of privacy, noise, disturbance, overshadowing.

4. Impact of traffic, excessive congestion, particularly on Barton Road and Teignmouth Road. Practicality of making Barton Road two way at junction with Newton Road, rat-running on Teignmouth Road. Inadequate pedestrian facilities particularly with regard to school children; office access onto Barton Road where most busy, compatibility of college traffic with tourism. This will have an impact over 12 months rather than just during college terms. Questioning traffic survey - allegedly carried out in August school holidays and college shut. Difficulties of emergency access. Pollution.

5. Lack of parking, particularly in conjunction with recent 'car free' developments and incidence of multiple occupation/hostels.

6. Impact on schools (Upton to be closed, Torre full) community facilities, health services, hospitals, dentists.

7. Impact on infrastructure, flooding, drainage. 8. Lack of green space/gardens, inadequate play facilities, too much hard landscaping.

If children have nowhere to play will congregate and cause problems. 9. Inclusion of affordable housing; too much in general and too much social rented

particularly in view of recent schemes 8-10 Newton Road and Old Parrot Public House which were 100% social rented. Pleas for more shared ownership to maintain community balance. Will compound social problems in the area. More crime and social problems. What confidence that 70% owner/occupier will remain as that. WHA ability to deal with unruly tenants?

10. Impact of wine bar on local amenity. Question need for this and retail floor space. Vacant units in Torre so why necessary?

11. Inclusion of offices criticised, particularly with only 9 car parking spaces. Likely to exacerbate congestion, parking problems, and be difficult to let given lack of on site car parking.

12. Disruption from construction, how site accessed during construction; plea for work to be confined to weekdays, 8-5, on medical grounds.

13. Poor residential environment being created, not enough space, too small, too cramped, no gardens, inadequate car parking, too tall leading to overshadowing, no privacy, inadequate range of housing types; more detached and semi-detached dwellings.

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14. Poor design, not in keeping. 15. Biased nature of photographic evidence showing beneficial impact of loss of McKay

building. Should be balanced by showing impact of high rise development on properties close to the site.

16. Loss of community facilities on site - e.g. gym to be demolished and Torbay Olympic Gymnastic Group keen to retain facility.

17. Impact on Coulmead and Trent, Oakhill Road; loss of garden to footpath, question loss of turning head, and overshadowing.

18. Impact on Tor Park Road - increasingly used as a rat-run. Impact on individual properties on Barton Road from traffic calming measures and new access points.

19. Impact on no. 4 Barton Road - noise, privacy, light, disturbance, overlooked from office terrace and wine bar.

20. Impact on no. 14 Teignmouth Road from nos. 236-240, loss of privacy and poor relationship.

21. Adverse impact on tourism, higher levels of traffic on main entry to the town, inner city character, eye-sore will affect revisits.

22. Failure to take on board results of initial phase of consultation, lack of communication throughout process, lack of transparency regarding 'deal' between college and Barratts. Request for independent Public Inquiry. Was a higher offer from Tescos rejected?

Generally, residents considered that redevelopment inevitable but that a lower density scheme of 30-50 units per hectare would produce a more acceptable, attractive and sympathetic environment and that a higher proportion of shared ownership dwellings would produce a more balanced community given high existing levels of social housing. Copies of all documents have been on display in the reception of Roebuck House. Key Issues/Material Considerations Background It is appropriate to first consider the background to this scheme. South Devon College obtained planning permission in 2003 to relocate to Vantage Point, Long Road, Paignton. A move was considered necessary due to the poor condition of the campus, and the lack of physical capacity to accommodate a planned expansion. It was considered important, and in the interests of the wider community, to develop a more comprehensive and up to date further education service with enhanced opportunities for on site training that could forge links with local businesses and thus increase job opportunities for young people. This site thus became available for redevelopment. The College's relocation will be facilitated by the release of funds from redevelopment of this site. Discussions initially centred on the form that this redevelopment should take. It was considered that a mixed use would be appropriate to include employment uses to accord with Government and Local Plan policy in respect of sustainable development and to offset the loss of employment land occasioned by the move of the College to the Long Road site. Equally, the impact on Torre from the loss of the college needed to be addressed. This was seen as an opportunity to trigger the regeneration of the area through the introduction of a high quality, well designed, mixed scheme with enhanced public realm links that would reintegrate the site back into its surroundings and would through its function, mix and density, provide a critical mass of resident and working population to bring year round activity in local shops, businesses and services. The reinforcement of more 'green' modes of travel and reduction in the provision for the private car would help promote physical, economic and social integration with its surroundings that would be essential if regeneration of the wider area was to be achieved. An economic appraisal has been submitted to demonstrate the extent to which this scheme compensates for the loss of employment land and reintroduces

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economic activity in the Torre area. A retail impact study was also undertaken to determine the impact of the proposed retail floor space on the vitality and viability of Torre. A brief was prepared by the RDA appointed consultants, Landscape Design Associates. This is appended at Appendix D and involves an assessment of the site and establishes a guide for future development opportunities. On the basis of this, the College invited expressions of interest and tenders were submitted. From the brief evolved the broad principles of the urban design concept. This centred on the recognition of the prominence of the site, its focal position and the opportunities for re-linking this "island" site with its wider hinterland, particularly to the "central spine" of Higher Union Street, through to Fleet Street and the Harbour, and the benefits of this tying into the existing regeneration schemes for the Torre area. It also explored the benefits of the removal of the existing buildings and more context friendly response to its surroundings through a gradual scaling in heights of buildings from the margins of the site. An initial scheme based on these principles was evolved and following responses to the Green Issues exhibition and a detailed response from CABE the layout and pattern of development was altered and the bulk and position of the buildings on the site was changed. It is this revised scheme which is for consideration. In terms of the broad principles of development, PPS1 "Delivering Sustainable Development", PPG3 "Housing", and PPG13 "Transport" are relevant. The focus of Government guidance is to achieve sustainable development by focussing mixed development in accessible urban locations convenient for shops, jobs, services, making more effective use of formerly developed land and existing infrastructure, achieving safe, attractive environments with well balanced socially inclusive communities and with greater use of more 'green' forms of transport and reduced reliance on the private car. One of the key reasons for this approach is to reduce the pressure on greenfield sites. Government targets are that 65% of new housing should be on brownfield land. Policies HS (Housing Strategy), H2 (New housing on unidentified sites, H5 (Affordable housing on unidentified sites) and H9 (Community aspects and layout) and H10 (housing densities), H11 (Open space), translate these broad principles into more detailed requirements in respect of housing schemes and the form they should take. The main concern arising from consultation with the local community is the density and scale of development on the site. The starting point for determining an appropriate density is planning policy coupled with an assessment of the capacity of the site. The capacity of the site is determined by its specific characteristics, its relationship to the surrounding areas, and any identified constraints on development. PPS1 "Delivering Sustainable Development" emphasises the need to:

"promote the efficient use of land through higher density, mixed use development and the use of suitably located, previously developed land and buildings" (PPS1, paragraph 26 viii)

and to

"examine critically the standards applied to new development, particularly with regard to roads, layout and car parking to avoid the profligate use of land".

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PPG3 "Housing" exhorts Local Planning Authorities to achieve a maximum acceptable density and to:

• avoid developments which make inefficient use of land (those of less than 30 dwellings per hectare net);

• encourage housing development which makes more efficient use of land (between 30 and 50 dwellings per hectare net); and

• seek greater intensity of development at places with good public transport accessibility such as city, town, district and local centres or around major nodes along good quality public transport corridors.

Given the character of the site and its location, it is clearly one where a density in excess of the 30-50 range should be achieved. The thrust of Government guidance is translated into Local Plan policies and in terms of density, Policy H10 is the most relevant and requires sites to be developed at maximum densities consistent with key environmental objectives both natural and built. Policy H10 also warns, however, that "developments that are of a scale, level or intensity which are considered likely to cause problems such as serious access difficulties for emergency vehicles, harm to residential amenities, the loss of significant landscape, townscape or ecological features and/or character of an area, will not be permitted". This is also reflected in Government advice which encourages the creation of "high quality and safe developments that create new opportunities for people living in those communities" (PPS1, paragraph 267 ii) and ... "designs and layouts that make more efficient use of land without compromising the quality of the environment" (PPG3). It is thus established that a site should be developed to its maximum density, providing that no unacceptably adverse impacts arise. This scheme averages 98 dwellings per hectare which will roughly equate to an increase in population of the order of around 900 people based on average occupancy levels. This is high, but not inconsistent with the more densely developed parts of Torre. Thus in policy terms the density or scale of development is acceptable. The question is, does it achieve a comfortable 'fit'. It is necessary to critically examine the scheme and assess what impacts arise as a consequence of the density and whether these are acceptable or not. The 'impacts' are: A. The form and character of the scheme and its relationship to context. B. The impact on the amenity of surrounding properties. C. The quality of the residential environment created. D. The traffic generated. E. The impact on the physical and social infrastructure of the area. Each of these will be considered in turn. IMPACT OF THE SCHEME A. Form and character of the scheme and relationship to context The college site is located in an area that displays a mixed character both in terms of use and urban form. In its current form, it does not relate at all well to its immediate context. Development of the site has been 'ad hoc' piecemeal and with buildings which have little visual quality or cohesion.

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The McKay building particularly is a monolithic slab of a building that is dominating and alien to its surroundings. To the west and north east of the site are lower density detached dwellings along Barton Road and Oakhill Road. To the south and south east, along South Street, Newton Road and Teignmouth Road, in closer proximity to Torre District Centre, are more closely developed terraced forms with a mix of commercial and residential uses which have a far more urban character and which achieve a higher density of development. The proposed scheme is mixed use and sustainably located. It is predominantly residential but with employment and commercial uses to the south of the site. The broad principles of the design were informed by a vision of reintegrating the site into the existing urban fabric, achieving buildings of distinction and landmark quality arranged to encourage and promote visual and physical links with the town centre. The residential accommodation is arranged in fairly traditional layout of perimeter blocks with internal courtyards and car parking. The buildings increase in height from the margins of the site with the tallest buildings forming 'landmark' buildings related to key areas of open space. A spine of open space bisects the site and culminates in a public square bordering Newton Road. The purpose of the square is to provide a focus for the commercial uses, a high quality public open space, to provide a setting for the substantial buildings that form its borders and, through its relationship to the wider pedestrian routes, to consolidate and promote defined links to Torre and the Town Centre. It was initially hoped to have included the 'Kwik Fit' site into the design which would have assisted these linked spaces in reinforcement of visual and spatial routes. The applicants' ownership does not currently extend to 'Kwik Fit' but the design has been drawn up in such a way that a logical extension of development could include it at a future date. The square is bordered by a mix of employment, commercial and residential uses that range in height from 3 to 11 storeys with "active edges" provided by the relationship of the wine bar and retail uses to the public space. The officers' position on this site from the outset was that a high density scheme would be in accordance with planning policy framework and that the site's current size, poor quality and lack of cohesion with its surroundings allowed the opportunity to create a new identity. Tall buildings would be acceptable in view of the impact of the existing buildings on the surrounding area and in terms of the opportunity to create "landmark" buildings. What was essential however was a high quality design approach to ensure that there was a positive impact on the surrounding area. Key in an assessment of the acceptability of the approach is thus the impact of the existing buildings on the site and the quality of the design. This redevelopment does allow reintegration with the surrounding urban fabric. The scheme responds to this changing context by concentrating the majority of the high rise and commercial buildings to the south of the site where there is a busier, denser, more commercial character and the majority of the residential accommodation is located to the north. Photomontages have been submitted which demonstrate that the new buildings on the site are less dominating than the existing buildings as they are located lower down the slope and are visually integrated through the design and gradual scaling in height. The application is more readily considered in two parts, the purely residential area to the north and the mixed commercial and residential area to the south. Each has its own distinct identity.

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The residential area to the north is arranged as perimeter blocks enclosing areas of landscaped courtyard car parking areas. The scale of the buildings has been designed to relate to its surroundings by locating the low rise 2-3 storey dwellings on the margin of the site with a gradual and consistent increase in height towards the central spine of open space where there is a mix of 4, 5 and 6 storey development. The taller buildings are well related to the open space and form an appropriate setting to the quality and function of the space. The gradual increase in height reduces any conflict with the scale of surrounding buildings. Care needs to be taken in particular with the Barton Road frontage which has an interface with existing low density development opposite. Whilst the new buildings are 2-3 storeys, there is some scope for improvement in terms of increasing the size of front gardens, giving the buildings a more generous and appropriate setting to correspond more closely with their opposite neighbours and allowing the introduction of tree planting to soften and screen the interface between the existing and proposed buildings. Negotiations are in hand to achieve this and the outcome will be reported verbally to the meeting. The mixed residential and commercial area to the south displays the most marked difference in form and scale. Around the square are positioned a 3/4 storey office building bordering Barton Road. Across the head of the square, a residential building reaches a maximum of 11 storeys in height; and to the side a block of sheltered accommodation that rises from 3-6 storeys in height. The height and building forms have been modulated and given the purpose and relationship to the square it is considered that the scheme is acceptable as a matter of principle. In respect of both areas, the quality of the landscape and public realm has been carefully designed and, subject to detail, is considered acceptable. What has not yet been fully demonstrated is the quality of the detailed appearance of the buildings. A more contemporary approach to overall design has been adopted but further details are needed in order to have confidence that the scheme will be successful in these terms. More information is needed in respect of the fenestration, key features of the buildings, the depth of relief, materials, street furniture and lighting (it is hoped to employ a local artist in their design) and screening of Kwik Fit. The Urban Design and Landscape Officer is satisfied that this scheme meets the criteria set by the initial urban design concept. He considers that it has responded to its context by creating a focal point on Newton Road at a key entrance to the town and creates visual and physical links between the site and the adjacent centre of Torre. He also considers that it utilises the land form by 'stepping up' from the edges of the site, working with the topography to integrate the proposed buildings with the immediate and wider context. He considers that a unique identity has been developed for this island site which draws from the context (terraces and villas in adjacent areas of Torre) in its use of materials and scale of development at the site boundaries. He is also of the view that the 11 storey residential block creates a striking local landmark that works well with the landform to reduce the impact of the site on wider views. The series of spaces through the site creates, in his view, a strong pedestrian spine that integrates, through public realm improvements with the centre of Torre and beyond with a strong sense of identify through the use of clearly defined enclosure and high quality public realm design. In terms of the relationship to the conservation area and listed buildings, the Conservation Officer is satisfied that the loss of the McKay building and coupled with the gradual scaling in height of the buildings results in a broad form of development that is compatible with its historic context.

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B. Impact on surrounding properties A careful assessment of the impact on residential amenity indicates that those on Barton Road, Edinburgh Villas, and the west side of Teignmouth Road are the most affected. The most affected properties are nos. 2 and 4 Barton Road and this arises primarily from the position and height of the office building and the location of the wine bar. There will be some overlooking, overshadowing, visual intrusion and noise. These impacts must be weighed against the impact of the existing use and buildings which is not benign. Design amendments have been requested in terms of setting the office building further back, introducing tree planting and significantly reducing the low level fenestration, particularly to the wine bar which will reduce its perceived presence in the street. It has been agreed that the ground level be stone faced to replicate the appearance of the existing stone retaining walls which will help integrate this building with its surroundings. Details of the car park access have been requested to ensure that 'noiseless' gates are fitted. A financial contribution towards double glazing has been put to the developer for consideration. The properties on Teignmouth Road are already affected by the relationship to the McKay building, and subject to security matters being resolved should not be in a materially worse position than exists at present. Edinburgh Villas will to a minor extent be overlooked although care has been taken to minimise this. C. Quality of the residential environment A further determinant of whether a scheme is 'overdeveloped' is the quality of the resulting residential environment. The scheme consists of a mix of 2, 3 and 4 bed terraced houses and 1-2 bed flats. Criticism has been made of the size, character and level of amenity available. The buildings are arranged in perimeter blocks with courtyard parking. The average width of dwellings is 4 metres which is not inconsistent with the more traditional terraced properties in the areas. It is tightly developed but in terms of light, privacy and outlook, given the urban context, these are considered to be acceptable. There are, however, opportunities for a beneficial reduction and specifically the applicants have been requested to consider a reduction in height of the blocks immediately to the rear of the proposed tower block. These range in height from 4-6 storeys and a storey reduction would ease the relationship to properties on the opposite side of the perimeter block through improved light and outlook and would produce a more comfortable street scene. The applicants have agreed to this. In terms of open space and gardens, most of the terraced houses would have access to a small garden and the spine of open space and related square will be available to all. This will provide a high quality communal area. Most of the flats have access to a balcony. The courtyard areas, whilst predominantly for parking, will be paved with high quality finishes and planted with trees which when they mature will provide a pleasant outlook and provide some opportunity for outside recreation. Generally, high quality finishes, landscaping, street furniture will contribute towards creating a public realm of distinction that will have a powerful sense of place and quality.

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A toddlers' play area is provided and for older children, Upton park is only a few minutes walk away. A developer contribution will be made towards improving pedestrian links with the park and upgrading facilities in the park to meet the needs of older children and adults. A further determinant of residential quality is the creation of a safe and secure environment. The Architectural Liaison Officer's comments have been taken on board in the design of the scheme. There is good natural surveillance of the street as a majority of the dwellings have occupied accommodation at street level rather than garage doors, the buildings are arranged in perimeter blocks with good surveillance of the courtyard areas and parking, balconies will encourage a presence in the street, and alleyways and service routes have been examined to reduce blind spots. The design of the open space prevents skateboarding/abuse by bikers etc. though eliminating straight runs. The surfaces are modulated and interrupted through changes in materials and textures to make them unattractive to such use. The Police Architectural Liaison Officer has now confirmed that he is satisfied that the scheme can achieve "Secured by Design" accreditation and is to provide a written statement to that effect. The affordable housing has to be to that standard in order to achieve grant aid from the Housing Corporation. Given that the affordable housing is integrated within the overall layout, it follows that the whole site has to be designed to achieve "Secured by Design" approval. A statement has been requested detailing how the scheme complies with guidance in respect of community safety and crime prevention and meets the specific concerns of the Architectural Liaison Officer. In terms of the effective functioning of the site, refuse arrangements appear to be satisfactory although confirmation is awaited following amendments to the scheme. The applicants have revisited details of the emergency access arrangements to ensure that the Fire Officer is satisfied with the scheme. Key routes have been increased to 3.7 metres width and a zone plan has been submitted which clearly shows that each property would be within 45 metres of an appliance. Progress on these matters will be reported verbally. Further advice will be given in respect of the outcome of negotiations to improve impact of the development on townscape and amenity and the reduction in density to allow the scheme to function more comfortably will be given at the meeting. D. Traffic arising as a consequence of this scheme The levels of traffic likely to be generated by the change in character of the scheme are a matter of much concern to local residents both in terms of local congestion, road safety and parking levels. This has been assessed through a Traffic Impact Assessment. This looks at the impact on the road of the existing use and compares this with the likely impact arising from the proposed scheme. It also looks at how the sustainability of the site can be enhanced. Its broad conclusions are that highway demand is slightly increased in comparison with the existing use and that there is a need to traffic calm Barton Road and to widen and introduce two way traffic between the three new access points with vehicular priority heading north. The access points for existing residential properties onto Barton Road will be improved and pedestrian safety enhanced through pavements and enhanced crossing points. 'Keep Clear' road markings are to be introduced at the junction of Barton Road and Newton Road. A further "all movements" exit is proposed to Teignmouth Road with improvements and traffic lights to the junction with Upton Road to improve efficiency. To improve pedestrian safety a fully signalised pedestrian route is to be introduced across the busy Upton Road.

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Pedestrian links are to be strengthened to the town by widening the footway to 2 metres along the north side of Newton Road to the existing signalised crossing link to Union Street. The pedestrian route to south of Newton Road is to be improved by the provision of a Toucan crossing and links to the National Cycle Network to the west enhanced. This will also facilitate access to the west-bound bus stop. A contribution of £225,000 towards enhanced bus provision has been agreed. Car parking is allocated on the basis of one space per residential dwelling. In addition there are 30 spaces for the sheltered accommodation, 9 spaces for the offices, one space each for the retail and wine bar. Local concerns are the impact on Barton Road and the lack of car parking. Barton Road currently experiences high levels of "rat-running" and is not pedestrian friendly. The alterations to traffic priority on Barton Road and installation of additional traffic calming should improve the situation. Northbound traffic is given a priority and the road is traffic calmed in a more satisfactory manner than at present. This coupled with improvements to the footways should enhance pedestrian safety. In terms of car parking, Government guidance and local plan policy is firmly in favour of promoting the development of accessible, urban sites, encouraging the use of more sustainable forms of movement, improving public transport links and reducing the reliance on the private car. PPG3 "Housing" states:

"Local Authorities should revise their car parking standards to allow for significantly lower levels of off-street parking, particularly for developments in locations such as town centres whether services are readily accessible by walking, cycling or public transport."

It specifically states that standards in excess of 1.5 spaces per unit are not likely to be acceptable. The developer has sought to achieve this objective in designing the scheme - car parking levels are reduced to one space per unit, pedestrian links are improved, cycling opportunities enhanced, bus links improved and £225,000 will be available towards increasing bus penetration. In addition, the area is conveniently served by a train station and is in close proximity to public car parks at Brunswick Square (which is to be improved through developer contribution as a consequence of this development) and Lymington Road where permits will be available for the office development. There are only limited opportunities on site for visitor parking and this is a matter of concern to local residents. There are 15 spaces available along road no. 3. This may be increased due to the deletion of flats in blocks adjacent to this road. The applicants are also being asked to consider whether spaces in the open parking area to the north of the site could be "unallocated" and thus available to serve visitors. A majority of the car parking spaces are, for security reasons, within courtyards with card operated gates and there is little open or street parking. This naturally limits the use of spaces by visitors. A greater prevalence of on street parking would allow visitor use of spaces but this would provide difficult to manage. The reality of urban living is that freely available car parking is not something that can be counted on. Public car parks are, however, close by and the public realm and traffic management proposals will make Brunswick Square Car Park more accessible. It may also be worth considering reopening the bottom access to Brunswick Square car park to promote

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ease of access. The road widths are modulated to allow opportunities to cater for genuine emergencies without blocking the road, but not to allow permanent car parking. Thus the scheme is acceptable in terms of traffic/parking impacts and in line with prevailing best practice, policy and guidance. Traffic impacts have been fully assessed both for the year opening and at 2015 levels with both scenarios being acceptable subject to the provision of the alterations and contributions outlined above. E. Impact on Existing Infrastructure This is a further concern in terms of the density of the development. The key areas are: i) Education: The Director of Children's Services has indicated that the developers'

officer of £178,819 is adequate and will meet the need for school places arising as a consequence of this development.

ii) Community/Health/Dentistry Services: The developer has provided a schedule of

services within a radius of the site and it is well served and centrally placed for a range of facilities. The current shortage of dentists is to do with wider funding problems in the NHS and could not stand as a reason to resist this development. The applicants have offered a stone outbuilding which could be put to a variety of community uses.

iii) Drainage: The Environment Agency has raised issues specifically about surface run

off. These can be resolved through the inclusion of Sustainable Urban Drainage Systems and a response is awaited from the Environment Agency.

Affordable Housing In addition to satisfying specific policies about the character, form, relationship, quality and functioning of the scheme, there is an obligation to meet guidance in respect of contributing towards affordable housing. Government advice in Circular 6/98 requires Local Planning Authorities to achieve a proportion of dwellings in schemes above a certain size as affordable housing. This advice is reinforced in PPS1 "Delivering Sustainable Development", PPG3 "Housing", Local Plan policies HS, H2 and H5 and is an important component in delivering sustainable, balanced and mixed communities. 30% of the 'standard' housing is to be affordable and to be delivered in partnership with Westcountry Housing. This amounts to 100 units, is predominantly the family housing and is spread throughout the site in three groups of around 30 dwellings. According to the Housing Needs Survey, the tenure split should normally be 75% social rented and 25% shared ownership to meet the identified housing needs of the Bay. In terms of the agreement, there are three principal issues to be addressed: 1. The non-inclusion of the sheltered accommodation for the purposes of the

calculation; 2. Certainty about the deliverability of the affordable housing element in the context of

changing criteria for Housing Corporation Grant regimes; 3. The tenure split in terms of the proportion of social rented and shared ownership.

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In respect of No. 1: It is arguable that the sheltered accommodation should not be excluded from the calculation. The developer has responded by stating that as WHA have been allocated a majority of the family homes, then in terms of bed spaces, a 30% proportion is met. There is as yet no agreement on this point. In respect of No. 2: The developer will be obliged as part of the Section 106 to deliver the affordable housing in a phased manner. The developer has entered a partnership with Westcountry Housing to achieve this. The RSL will depend on grant from the Housing Corporation to fund the scheme. The likelihood of achieving grant aid will be to some degree dependant on the level of developer subsidy. Further details have been requested about the financial arrangements for funding the affordable housing in order that there is more certainty about the grant aid being available. In respect of 3: The normal requirement based on Housing Need is 75% social rented, 25% shared ownership. There is pressure from the developer, its partner WHA and the local community to modify this proportion. Agreement to a greater proportion of shared ownership would allow WHA to raise capital and be less reliant on grant aid. From the community's point of view, concern is expressed that the balance of the community in terms of tenure has become skewed with two schemes recently completed on the site of the former Parrot Public House and 8-10 Newton Road being 100% social rented. Housing statistics do indicate a high proportion of social rented and private rented accommodation in Torre. There is an argument for seeking to balance this situation with a greater level of owner occupation on this site. This would be consistent with advice PPS1 "Delivering Sustainable Development" and PPG3 "Housing" about the need to create mixed, balanced communities and ensure an appropriate range of tenure types. More recent advice in the January 2005 Consultation Paper "Planning for Mixed Communities" paragraph 16 recommends that Section 106 Agreements should include an appropriate fallback mechanism to ensure delivery of affordable housing if the public subsidy reasonably anticipated is not forthcoming. This suggests exploring a different split between social rented and intermediate housing (i.e. shared ownership) to render the scheme viable. However, the developers do need to demonstrate a legitimate and adequate degree of "developer subsidy". Contribution to the Local Economy The movement of the College with its 10,000 staff and students to Long Road will have an impact on the local economy. The loss of employment land at Long Road also has ramifications in the wider job market. It was considered essential that employment floor space was included in this scheme to compensate and an Economic Appraisal commissioned to determine whether this was adequate. The conclusion is that Torre will benefit economically as a result of this proposal and that the level of floor space included in the scheme is satisfactory. A Section 106 Agreement is necessary to ensure its construction. In terms of the retail elements of the use, a Retail Impact Statement concludes that the level of space provided is not sufficient to impact on the local centre and that the centre will benefit from an overspill of trade from the new development with the £0.8 million additional expenditure being created. Impact of Construction The construction period will extend over 3 years and is proposed to be carried out in distinct phases. Information is needed in respect of sites accesses, disposal of waste, routes for construction traffic. It may be necessary to impose time limits for construction work on parts of the site that are closest to existing properties, particularly bearing in mind particular

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medical problems that have been raised. This will be negotiated with the developer and colleagues in Environmental Health and Highways. Section 106 Agreement The Section 106 Agreement will secure:- i) A phasing plan ensuring the delivery of the two office buildings, the affordable

housing and infrastructure within an agreed timetable, a travel plan for the office buildings and its implementation.

ii) 100 units of affordable housing with the split between social rented and shared

ownership to be established. iii) A contribution of £178,819 towards Education. iv) A contribution of £225,000 towards improved bus services. v) A contribution of £50,000 towards Torre Environmental Improvements, £80,000

towards Brunswick Square car park improvements, £20,000 towards CCTV improvements, £25,000 towards pedestrian improvements between site and Brunswick Square.

vi) A contribution of £50,000 towards enhancements at Upton Park and £10,000 to

improve access. vii) Commuted sum for maintenance. The highway works will be secured via a Section 278 Notice. Sustainability - There is a need for schemes to demonstrate that best practice is being followed in respect of sustainability targets and energy efficiency. An Audit to demonstrate how the scheme meets these targets is awaited. Crime and Disorder - Crime and Disorder Statement awaited. Disability Issues - Access Statement awaited. Conclusions Clearly, there is concern about the impact of the scheme in terms of the density of occupation, scale of buildings, and character and mix of uses. However, it is important, in reaching a decision, to properly take into account the reality of what exists on the site. It does not relate well to its context, the buildings are poor quality, wholly out of character and with no visual cohesion. The McKay building is hugely dominating in long and short distant views. In townscape terms, this scheme has been shown to represent an improvement - it relates better to the margins of the site and the bulk of buildings is better assimilated by relating more positively to the topography and scaling up in a regular and consistent manner. Its visual and physical integration coupled with the public realm improvements and promotion of 'green' modes of movement will mean that future residents will link to the surrounding area more readily and will tend to use and reinforce existing shops, services and businesses for their day to day needs. The introduction of office workers will reinforce the local economy and support a more sustainable mix of uses. A low density housing scheme with high levels of car parking which is favoured by some would produce a residential enclave with reduced integration and insufficient critical mass in

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terms of people living and working in the area to offset the loss of the college on the local economy. The scheme has been carefully assessed to identify where "problems of fit" arise and the applicants have agreed to changes. There is adequate provision of green space and amenity areas. It is sensible, given the proximity of Upton Park, its size and potential for improvement to secure a better use of this existing resource through developer contribution than seeking additional on site provision. Traffic matters are addressed and public realm/environmental improvements secured. Affordable housing, which is a corporate priority for the Council, is achieved. In broad terms, the scheme as amended is considered to be acceptable and in line with Government guidance and Local Plan policy in terms of achieving an effective and efficient use of a brownfield site. Subject to the amendments suggested it achieves maximum density consistent with the constraints that exist. The quality of the appearance of the individual buildings and streetscape is not fully demonstrated, and more illustrative material is needed. Further information is awaited in respect of access, drainage, fire, refuse, crime and security, sustainability, energy efficiency and disposal of construction waste. Subject to the receipt of amended plans and satisfactory supplementary information, approval is recommended. Recommendation Subject to: A. Receipt of additional information and amended plans; B. Resolution of Section 106 Agreement to achieve contributions in respect of items

described in relevant section; C. Delegation of conditions to officers to resolve; Approval.