report summary reference no - application proposal … · 16 march 2016 report summary reference no...

Planning Committee Report 16 March 2016

REPORT SUMMARY

REFERENCE NO - 15/509551/FULL

APPLICATION PROPOSAL

Reconfiguration and extension of Royal Victoria Place Shopping Centre to provide new Class A1 (retail), A2 (financial and professional services), A3 (restaurants and cafes, A5 (hot food takeaway) and D2 (leisure) uses and associated mall areas including the demolition of Calverley House, Camden House and 1a and 1b Camden Road and construction of new buildings; construction of a roof top extension to provide new Class D2 uses; construction of a new mall and entrance onto Calverley Road; and reconfiguration within the existing centre to facilitate new A1-A3, and A5 and associated mall uses; and other associated works

ADDRESS Royal Victoria Place, Ely Court, 45-53 Calverley Road (Camden House And Calverley House), And 1-7 Camden Road Royal Tunbridge Wells Kent TN1 2SS

RECOMMENDATION – GRANT subject to Section 106 Agreement and the imposition of planning conditions (see section 11 of report for full recommendation)

SUMMARY OF REASONS FOR RECOMMENDATION

There is no objection to the principle of the proposed development as the site is within the Primary Shopping Area and is allocated for retail and mixed use purposes in the adopted Local Plan under Policy CR4 and in the emerging Site Allocations Development Plan Document under Policy AL/RTW/19.

Whilst the proposed demolition of Calverley House, Camden House and 1a and 1b Camden Road would result in the loss of buildings that are non-designated heritage assets, it is considered that the development would result in ‘less than significant harm’ to the character and appearance of the Conservation Area as a whole. With reference to paragraph 134 of the NPPF, this harm is outweighed by the substantial public benefits that demonstrate that permission should be granted.

The proposed buildings would conserve and enhance the character and appearance of the Tunbridge Wells Conservation Area.

The scale, layout and design of the development would respect the context of the site and preserve the visual amenities of the locality.

The traffic movements generated by the development can be accommodated without detriment to highway safety.

Adequate parking provision is available in RVP / Meadow Road car parks that primarily serve the shopping centre.

The development is well served by sustainable transport modes.

Public realm and highway improvements can be secured at the junction of Calverley Road, Camden Road and Monson Road by means of a Section 106 obligation in accordance with the Community Infrastructure Levy Regulations.

The development would not be significantly harmful to the residential amenities of nearby dwellings.

Renewable energy measures have been satisfactorily incorporated within the proposals.

Other environmental impacts have been assessed and there are not any which are potentially significant and which cannot be controlled by conditions.

Other concerns raised are not considered to be sufficient to justify refusal of the application.


REASON FOR REFERRAL TO COMMITTEE

Major retail and leisure development proposal recommended for approval.

WARD Park PARISH/TOWN COUNCIL

N/A

APPLICANT Carraway Tunbridge Wells Limited Partnership

AGENT Nathaniel Lichfield & Partners

DECISION DUE DATE

25/02/16

PUBLICITY EXPIRY DATE

25/02/16

OFFICER SITE VISIT DATE

17.12.2015

RELEVANT PLANNING HISTORY:

App No Proposal Decision Date

15/509212/ENVSCR EIA Screening Opinion - Reconfiguration and

re-use of currently under-utilised space, new

roof top extension, refurbishment of the

former Friendly Societies building and the

demolition and redevelopment of Calverley

House, Camden House and no. 1a and 1b

Camden Road to provide new buildings

fronting Camden Road and Calverley Road

EIA not

required

30.12.15

07/01825/FUL Ely Court refurbishment (Removal of main

entrance canopy, blue fascia boxes, lighting,

entrance signage, decorative railing and

upstands. New fabric canopy, lighting, render

to walls and down pipes),

Approve 07.08.07

05/02696/EIASCO Environmental Impact Assessment (scoping

report): Extension to Royal Victoria Place

involving demolition and redevelopment to

provide up to 18,000 sq.m of additional retail

floospace. (Development proposal not

proceeded with).

Comment

provided

15.12.05

88/01962/REM Reserved Matters - Royal Victoria Place Approve 16.10.89

86/00343/OUT Victoria Road project Approve 22.7.87

MAIN REPORT 1.0 DESCRIPTION OF SITE 1.01 Royal Victoria Place (RVP) shopping centre, located within Royal Tunbridge Wells

town centre, opened in the early 1990s. It provides around 30,000 sqm floorspace, arranged over three levels. In addition to a department store and individual retail units, the centre incorporates a food hall, management suite and children’s day nursery. Adjacent to the centre is Ely Court, a parade of single story shops / kiosks covered by a canopy; and buildings fronting Calverley Road (Calverley House and Camden House) and Camden Road (1a and 1b Camden Road and the former Friendly Societies building 3 – 7 Camden Road).


1.02 The shopping centre is bounded by Goods Station Road, Victoria Road, Camden

Road, Calverley Road and Grosvenor Road. Car parking is provided within the Royal Victoria Place multi-storey car park, which adjoins the centre, along with Meadow Road car park. Together these car parks provide around 1,680 car parking spaces.

1.03 The application site has an area of 0.8 ha. It encompasses the eastern part of the

shopping centre including Ely Court, together with Calverley House and Camden House which front onto Calverley Road; 1a and 1b Camden Road; and the former Friendly Societies building (3-7 Camden Road). It covers an area of approximately 0.8 hectares, providing 18,060 sqm gross internal area (GIA) of Class A1-A5 floorspace. It is bound by Market Square to the north, other uses in the shopping centre to the west, Camden Road to the east and Calverley Road to the south.

1.04 Part of the application site, at the south east corner, is located within the Royal

Tunbridge Wells Conservation Area. Whilst there are no statutory or locally listed buildings on the development site there are a number of buildings (Calverley House, Camden House, 1a Camden Road and the Friendly Societies building) within the site that are historic buildings that were retained at the time the shopping centre was built in order to maintain a varied, historic frontage to Calverley and Camden Roads.

1.05 The site is well served by pedestrian, vehicular and public transport access. 2.0 PROPOSAL 2.01 This proposal relates to the redevelopment of the eastern corner of the shopping

centre (the atrium and food court), Ely Court and buildings fronting Calverley Road and Camden Road to provide new retail units, large format shops, restaurants and cafes, a multi-screen cinema and a new major pedestrian entrance at the eastern end of Calverley Road.

2.02 The main elements of the proposals are:

(i) Demolition of Calverley House, Camden House, 1a and 1b Camden Road (all of which are non-designated heritage assets) and shop units within Ely Court.

(ii) Construction of new buildings at the Corner of Calverley Road and Camden

Road comprising the following: - Four floors of development (although one would be below ground)

comprising two floors of retail and two floors of restaurants. - Retail units would face onto the street level frontages of Calverley Road

and Camden Road - A new larger entrance to Royal Victoria Place would be created at the

eastern end of Calverley Road with a new mall providing a link to the existing main mall. This would be a triple-height space with a feature living green wall, naturally lit from roof-lights above, with escalators to the upper floors.

- Five restaurants would be located on the first and second floors, with access at the upper mall level, and with a terrace overlooking the new mall and green wall.

- This part of the development would incorporate the former Friendly Societies building (a non-designated heritage asset), which will be refurbished and extended.


(iii) Internal reconfiguration involving infilling the existing atrium / circulation void at the lower and upper mall levels and re-using the existing food court space, comprising the following:

- Two large shops (MSUs – Medium Space Users) at the lower mall level

which will trade down into the area currently occupied by the food court (with direct access/egress onto the Market Square); and three large new shops at the Upper mall level. These changes would make more efficient use of existing space and enable the creation of larger shop units to accommodate existing retailers who may seek larger stores or new retailers not currently represented in the town.

- Provision of new toilets and baby change facilities, improved vertical circulation at the eastern end of the centre and improved and more direct access from the car park through re-orientation of lifts. (It should be noted that some of the internal changes do not require planning permission but have nevertheless been indicated on the submitted drawings and included within the floorspace measurements).

(iv) Construction of a roof top extension to provide multi screen cinema.

- The proposed cinema, designed to incorporate 8 screens, would be

created through the use of existing space within the roof of the atrium together with an extension at roof level above the existing circulation void area. The cinema would be fully integrated within the shopping centre and new restaurants. In the evenings, when the retail areas are closed, the cinema and restaurants would remain accessible from Calverley Road through the new mall as well as from the RVP car park.

2.03 The net additional gross internal floor area (GIA) arising from the development is

3,395 sq.m, of which 2,890 sqm is A1 retail floorspace. To put this into context, the current floorspace of the entire shopping centre is approximately 30,000 sq.m. Very broadly, therefore, the floorspace increase is about 10%. Details of the floorspace figures for the part of the centre that is affected by these proposals is set out below in Section 3. It should be noted, however, that there are elements of the proposed internal floorspace changes that do not require planning permission but for the sake of completeness have been include in the floorspace figures.

2.04 The proposed demolition of the corner buildings has allowed the proposed

replacement buildings to be set back by approximately 1m to allow for a wider footway along Camden Road. The general form, scale and massing of the proposed new building is similar to the existing. The main changes are to the external appearance of the Calverley Road and Camden Road frontages.


2.05 A key feature of the design is a tall masonry structure located close to Calverley Precinct, known as a fin wall, which runs at right angles to Camden Road. This wall creates the illusion of creating a triangular shaped building with a rounded corner on the Calverley Road frontage, which would have a distinctly different architectural treatment and appearance to the buildings behind, fronting Camden Road. The Calverley Road building would appear as a predominantly two storey building with the first floor rendered and raised above columns with shopfronts behind, and with a recessive glazed rooftop element above. By contrast the Camden Road frontage would have a different character, more reflective of the vertical emphasis of the traditional buildings along this street and rising in scale from two to three storeys to meet the taller Friendly Societies building to which it would be attached. It is intended that high quality materials would be used including brick, render, ironwork and terracotta details.

2.06 The new entrance to the mall is set back from the Calverley Precinct frontage. The fin

wall acts as a gateway feature. On passing through this, under a simple glazed canopy, the main mall entrance screen and canopy formed of structural glass lies further back. The section of new building between the fin wall and the entrance doors (on the left hand side) has double height bay windows at the upper levels. The large fully enclosed mall has a ‘saw toothed’ roof form, which will mainly draw in north light but will also provide some side light from the west as well as a series of roof window sited on the south slopes. This will provide a very light and airy space. The pitched elements of the roof are to be surfaced with a living sedum roof.

2.07 Amended plans have been received which show one major alteration, which is to the roof level of the Calverley Road frontage. This part of the scheme had been originally designed to appear as two storeys high, topped by a series of slate covered roofs, including a conical feature at the corner. This detail has been changed and it is now proposed that there would be a glazed, set back ‘pavilion’, with zinc detailing, and with space left for a potential integrated art work on the corner at roof level. In addition, an oculus (circular whole) has been inserted into the fin wall and there has been an increase in size and change of design of the 'piano curve' end to the top of the fin wall on the Camden Road side. Additional opportunities for public art are the decorative first floor railings on the Camden Road frontage, which are intended to have a water theme (relating to the Water in the Wells initiative), and the provision of more stainless steel ‘Wiesbaden’ cycle stands that are already a feature of the town centre.

2.08 The proposed cinema will necessitate an extension at roof level above the height of

the existing atrium. The cinema configuration currently shows 8 screens although, once an operator has been confirmed, this may change. For this reason the applicant has asked that there should be some flexibility to the internal layout and to the final details of the roof extension (although not to the height).

2.09 With regard to pedestrian access points, the main access to the shopping centre

would be through the new mall entrance off Calverley Road. The existing pedestrian access from Camden Road through Ely Court would be closed although pedestrian access will be maintained through the existing Next store from Camden Road, through the Friendly Societies building and via Market Square through the two new major shop units.

2.10 The applicant is willing to enter into a Section 106 agreement that would secure the

public realm and highway improvements at the junction of Calverley Road, Camden Road and Monson Road by means of a Section 106 obligation in accordance with the Community Infrastructure Levy Regulations.


2.11 The applicant is seeking some flexibility in any permission granted to allow for the

following:

- a small amount of the A1 use to be used as Class A2 (Financial and professional Services). Any amount of A2 uses would result in an equivalent reduction of A1 or A3 uses.

- a small amount of the A3 uses to be used as A5 (hot food take-away) uses. Any amount of A5 uses would result in an equivalent reduction of A3 uses.

- Internal changes to the cinema layout, relating to the number of screens, which may depend depending on operator preferences.

3.0 FLOORSPACE INFORMATION

The table below shows the effect of the proposals (as amended) on floorspace within the eastern part of the shopping centre that is affected by these proposals.

Use Existing GIA (sqm)

GIA to be lost by change of use of demolition (sqm)

Total GIA New Floorspace (including change of use) (sqm)

Net Additional GIA following development (sqm)

A1 / A2 (Retail and Financial and Professional Services)

8, 910 2,195 5,085 2,890

A3/A5 (Restaurants & cafes & hot-food takeaways)

2,140 2,140 2,600 460

A4 (Drinking Establishments)

485 485 0 -485

D2 (Leisure) 355 355 2,815 2,460

Scheme ‘other’ 6,170 4,500 2,570 -1,900

Total 18,060 9,675 13,070 3,395

4.0 PLANNING CONSTRAINTS

- Within Primary Shopping Area - Within Royal Tunbridge Wells Primary Shopping Character Area Frontage - Part of site (Calverley Road / Camden Road frontage) within Tunbridge Wells

Conservation Area(statutory duty to preserve or enhance the significance of heritage assets under the Planning (Listed Buildings & Conservation Areas) Act 1990)

- Allocated Site – Retail / mixed uses Local Plan Policy CR4 and Site Allocations DPD Submission Draft Policy AL/RTW19


5.0 POLICY AND OTHER CONSIDERATIONS

The National Planning Policy Framework (NPPF)

National Planning Practice Guidance (NPPG)

Development Plan:

Tunbridge Wells Borough Core Strategy 2010

Core Policy 1: Delivery of Development Core Policy 3: Transport Infrastructure Core Policy 4: Environment Core Policy 5: Sustainable Design and Construction Core Policy 8: Retail, Leisure and Community Facilities Provision Core Policy 9: Development in Royal Tunbridge Wells

Tunbridge Wells Borough Local Plan 2006

Policy EN1: Design and Other Development Control Criteria Policy EN4: Demolition in Conservation Areas Policy EN5: Development in Conservation Areas Policy EN6: Shopfronts Policy EN10: Archaeological Interest Policy CR1: Large-Scale Development of Centre Uses Policy CR4(a): Retail / mixed use allocation Policy CR5: Primary Shopping Character Area 1 Policy TP1: Transport Assessments and Travel Plans Policy TP4: Access to the Road Network Policy TP7: Tunbridge Wells Central Parking Zone (Commercial) Policy TP9: Cycle Parking

Supplementary Planning Documents:

Renewable Energy SPD Noise and Vibration Royal Tunbridge Wells & Rusthall Conservation Area Appraisal Local Heritage Assets Urban Design Framework Supplementary Planning Document (Draft)

Submission Draft (consultation draft incorporating main & additional modifications) Site Allocations DPD 2016 Policy AL/RTW 19 – Land at RVP- allocated for additional comparison retail floorspace.

6.0 LOCAL REPRESENTATIONS Pre-application consultation 6.01 The applicants undertook pre-application consultation with the public and key

stakeholder groups (Town Forum and Tunbridge Wells Civic Society) prior to submitting the application.


6.02 A public exhibition was held at Royal Victoria Place, on the shopping mall, between the 23rd and 26th October 2015. Councillors and Council Officers were invited to attend a preview of the public exhibition on Thursday 22 October 2015 at the Royal Victoria Place centre management suite.

6.03 A further meeting was convened on 27 October July 2015 by TWBC Democratic

Services to which all Councillors were invited. This took place in the Council Chamber.

6.04 The local press were briefed by the applicants on the development proposals and the

public exhibition. This was reported on-line and in paper versions. This activity served both to publicise the exhibition and the development proposals more generally.

6.05 Details of the pre-application process are provided in the Statement of Community

involvement that accompanies the application. Responses to planning application Comments relating to initial submission 6.06 Following receipt of the planning application neighbour notification letters have been

sent to surrounding properties and site notices were posted on Calverley Road and Camden Road/Ely Court on 10/12/15 and publicised in the Kent Messenger on 11/12/15.

6.07 4 objections received, two from Tunbridge Wells residents, one from the proprietor of

Bar Fusion night club and one from a tenant of one of the affected units. Their concerns are summarised below.

- Character and appearance of the Conservation area derives from the older

buildings on the street frontage. Retention of the street frontages was a fundamental principle in the overall design and should continue to apply.

- Demolition would have the opposite effect of preserving the area and would positively detract from it.

- An alternative approach should be explored which would create a new mall entrance through the Calverley House building and retain much of the existing buildings. Also Ely Court and the Food Hall should be upgraded through a refurbishment proposal rather than the present proposal.

- Loss of the old buildings at the corner of Calverley Road/Camden Road, which are within the Conservation Area. Calverley House, built by Herbert Caley (1859-1938), who designed many of the houses in Boyne Park; the charming Camden House and its equally charming neighbour, 1a & 1b Camden Road, which were built somewhere between 1868 and 1895. They have character and history connected to them. The bay windows on the upper floors of 1a & 1b Camden Road add real interest to the scene. Modern shop fronts may have replaced the originals in Calverley House but this is no excuse to pull the whole building down. The rest of it is still there and better shop fronts could be reinstated. These buildings are assets to the town and the RVP. They make it more attractive to shop in Calverley/Camden Road.

- Object to loss of Calverley House, should find some way of retaining it or the front part or façade.


- Objection to loss of night club (20 to 30 staff employed). This business is Important to the night time economy of the town centre and is not proposed to be replaced. The club is very popular on Saturday nights and there is not sufficient capacity in alternative venues to accommodate these patrons. Its loss would have negative impacts on other bars and restaurants in the town. A night club should be included in the plans and would complement the proposed restaurants.

- Proposals don’t match the style of other buildings in the precinct. - Proposals don’t include any additional parking or improvements to the roads

leading into the town which suffer from congestion. - Increased traffic would create more noise and pollution

Comments regarding amended plans showing a redesigned roof level of the new building on the corner of Calverley Road and Camden Road

6.08 One further response was received from one of the Tunbridge Wells residents referred to above, reinforcing similar comments already made and challenging whether locally listed buildings that contribute to the character and appearance of the conservation area mean anything to the Borough Council. Also considers the proposals would result in a ‘brash and ubiquitous mall’ and would mar a prominent corner of the Conservation Area and that an opportunity exists for a better scheme.

7.0 CONSULTATIONS

Historic England 7.01 (18/12/15): General observations are that Calverley Road is one of the most

important streets in the town centre, providing key focal locations on main approaches into the town. Whilst none of the building frontages are of national importance in their own right, the north side of Calverley Road has some interesting variety and it is this variety of building type, architectural style and use of materials that positively contribute to the character and significance of the conservation area. This varied character is described in the conservation area appraisal. We therefore conclude that the proposed demolition of characterful street-fronting buildings on Calverley Road and Camden Road is likely to be harmful to the significance of the conservation area. There is a statutory requirement to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area (s.72, 1990 Act).

NPPF paragraph 139 states that local planning authorities should look for opportunities for new development within conservation areas to enhance or better reveal their significance. In this case, we do not think that the design of the proposed buildings is sufficiently well designed to make a positive contribution to the character of the area. In addition, as heritage assets are irreplaceable, where there is harm, as we have suggested above, it should require clear and convincing justification (NPPF paragraph 132). We therefore recommend that your Council rigorously test the proposed harm against any public benefits of the current proposals in the manner described by NPPF paragraph 134.

Recommend that the application should be determined in accordance with national and local policy guidance, and on the basis of your specialist conservation advice.

Natural England

7.02 (1/12/15): No comments. The application is not likely to result in significant impacts on statutory designated nature conservation sites or landscapes. It is for the local planning authority to determine whether or not this application is consistent with national and local policies on the natural environment.


Southern Gas Networks

7.03 (21/12/15): Provided details of mains records in vicinity of site. There is a Low/Medium/Intermediate Pressure gas main in the proximity of the site. There should be no mechanical excavations taking place above or within 0.5m of the low pressure system, 0.5 m of the medium pressure system and 3m of the intermediate pressure system. The position of mains should be confirmed using hand dug trial holes.

Southern Water

7.04 (Officer note: Awaiting response – update to be provided at Committee meeting). Kent County Council - Lead Local Flood Authority 7.05 (11/12/15): No objection subject to the confirmation of the proposed discharges to the

public combined sewers being agreed with Southern Water. Welcome the proposals for living roofs to be incorporated into the redevelopment as SuDs Features. Recommend that various conditions are attached. (Officer note: these are included in the recommendation).

Kent County Council - Highways & Transportation

7.06 (7/3/16): In response to the Transport Statement and Addendum:

Understand that the development is in accordance with expected town centre expansion as set out within the Core Strategy.

The Transport Statement does not present a comprehensive study of the impact across the town, as the study area was limited to two car parks and much of the research presented is dated and/or based on larger centres. However this does to some degree reflect the difficulties across the industry in quantifying additional trips and parking demand associated with town centre development. The highway authority has asked the developer to provide some indication of overall likely uplift of activity as a result of a 10% increase in commercial floor space (restaurant and retail) plus the cinema but to date this has not been forthcoming.

It is likely that the cinema in particular will result in additional trips but these will be spread across all modes and as additional traffic will be spread across the town it is considered that the impact at any junction or link is unlikely to be severe. The development may also increase both overall parking demand and dwell time in the car parks. Whilst surveys within the two closest town centre car parks have identified some capacity, it is understood that the Borough Council’s parking manager will comment further on this.

No additional parking is proposed but this is a highly sustainable location with a choice of modes available and the highway authority would not consider it appropriate to increase overall car parking levels within the town centre outside of the Core Strategy, Transport Strategy and Parking Strategies. KCC/TWBC are currently in the process of upgrading signage to car parks with improved data regarding the whereabouts of space and this has been found to be effective in reducing local congestion at car park entrances.


The development is in keeping with the expectations of the NPPF to support development which facilitates the use of sustainable modes and the highway authority would not seek to raise objections subject to appropriate measures to support and enhance sustainable travel subject to the potential uplift of activity previously mentioned.

It is recommended that the developer is requested to contribute to enhancements to public transport and, specifically, to fund measures including enhanced public transport information dissemination within the centre and provision of pre-loaded Kent Connected tickets for users of the centre and cinema as part of implementing and monitoring a Travel Plan to be registered with Kent County Council via their Jambusters website. The provision of additional electric charge points in the car park would also be in keeping with the NPPF.

Further information regarding existing use of the service bay and also the expected additional demand arising from the development has been requested. It would appear that there may be some misuse of bays for parking and that more stringent management of the area will be required to accommodate additional demand. Whilst in principle this may be covered by condition requiring details of a management plan to be submitted confirmation is required that the centre is not fettered by existing leases etc in bring forward any change to existing users.

Kent Police – Crime Prevention Design Advisor

7.07 (14/12/15): The applicant/agent has considered crime prevention measures and has made contact with the CPDA (as referred to in the Design and Access Statement page 57) where on-going consultation is taking pace as the design is developed, if planning approval is granted a full consultation will take place in due course with an application for Secured By Design (BREEAM) will be submitted by the applicant/agent

TWBC Parking Services

7.08 (3/3/16): Consider that the applicant has not justified their claims in respect of impact insofar as traffic and parking are concerned so cannot, therefore accept their conclusion that there will be no material impact on traffic or parking. A more realistic conclusion is that the public car parking facilities at and near Royal Victoria Place will operate at capacity for longer periods on more days each year. This in turn will lead to additional congestion and queuing both in the car parks and on the approach roads plus a higher likelihood of shoppers avoiding the car parks and circulating nearby streets searching for car parking. Another possibility, of course, is that people simply avoid the town and shop elsewhere.

Whilst we do propose, through implementation of the Parking Strategy, to reduce the amount of shared time in permit parking bays to create a better balance in their use, this will take time to implement. Had, therefore, hoped that a contribution towards this would enable faster implementation but, in the absence of any willingness to make such contributions, it is possible that we will not have restrictions in place by the proposed opening date in 2019.

It is believed that this may be the first part of a programme of expansion for the RVP centre and, if that is the case, would therefore recommend that measures be put in place to assess the impact of additional floor space on parking and traffic in surrounding streets arising out of this first stage. In that way, a more realistic assessment of the likely impact of any further increases can be made.


TWBC Environmental and Street Scene 7.09 (15/12/16): Noise and odour / extraction: The main issues are:

- Plant Associated with the development will need to be designed so as not to cause disturbance to nearby residential premises. Deliveries to the various businesses that use the new development are currently a source of sporadic complaint being at unsociable hours. This would be an opportunity to resolve this issue either by restriction of hours or by implementation of measures such as those within the Noise Abatement Society Silent Approach Scheme.

- Sound break out from the cinema, particularly at low frequency noise. - Noise caused by the demolition and construction phases of the development. - Extraction and odour abatement from the variety of intended food outlets.

Raise no objections subject to conditions requiring the following: - approval of plant (including ventilation, refrigeration and air conditioning) or

ducting systems; - controls over the rating level of noise emitted from the proposed plant and

equipment to be installed on the site. - Controls over servicing hours. Either no servicing of the building, no goods shall

be loaded or deposited and no vehicles shall arrive, depart, be loaded or unloaded, within the application site before 07:00; or after 23:00; hours Mondays to Saturdays or at any time on Sundays or Bank Holidays: Or, the applicant shall design a scheme that conforms to or is similar to the Noise Abatement Society Silent Approach Scheme to minimise disturbance to residents in the locality. This scheme shall be submitted prior to approval and shall then be implemented and retained.

- Approval of a scheme and maintenance schedule for the extraction and treatment of fumes and odours generated from cooking or any other activity undertaken on the premises

- Approval of external lighting - Approval of a Code of Construction Practice

(Officer note: These conditions have been included in the recommendation).

(15/12/15): Air Quality: No objections. The Air Quality Assessment identifies that there is a possibility of nearby residents being affected by dust during the demolition/construction phase unless suitable mitigation measures are implemented. Therefore recommend a condition requiring the applicant to produce and implement a Construction Environmental Management Plan in order to prevent the release of dust. Also, this development provides an opportunity for the inclusion of some Publicly Accessible Electric Vehicle Charging Points in the car park. (Officer note: These conditions have been included in the recommendation).

(4.3.16) Ground contamination – recommends condition (Officer note: This has been included in the recommendation)


TWBC Conservation Officer 7.10 (17.2.16): Detailed response, which describes the context of the proposals;

comments upon the significance of the historic buildings (that are classed as non designated heritage assets); and then assesses the impact of the various elements of the proposals on these assets and on the designated asset of the conservation area. These comments refer to the various supporting documents provided by the applicant and highlight some areas of disagreement with the applicant’s appraisal of the significance of the non-designated heritage assets. However, the overall conclusion of the Conservation Officer is that notwithstanding this the proposed demolition and redevelopment works are justified and acceptable.

Summary of comments on level of harm to conservation area arising from demolition:

National planning policy requires that a local planning authority, and the applicant, first assess the significance of the heritage assets to be affected by the proposals within the application, and then assess the impact of the proposals on this significance. The supporting documentation for the application is cross-referenced, but the main analysis of significance is within the Heritage Impact Assessment and also the Architectural Assessment. The HIA identifies significance and the Architectural Assessment goes further in providing an options appraisal and assessing the strengths and weaknesses, both in terms of impact on the heritage assets and benefits to the development of Royal Victoria Place, and demonstrating how the proposals for the replacement buildings and spaces have been informed by detailed studies of the historic and existing architectural form and urban grain. This, essentially, demonstrates that the optimum viable use of the heritage assets (what can they offer flexibly in the future based on their current form and intended use, and defects) has been explored. Whilst disagreeing with conclusions reached regarding the significance of the buildings proposed to be demolished (1a and 1b Camden Road, Camden House and Calverley House - option 8 in the Architectural Assessment), the main issue to address is what impact the loss of these buildings will have on the significance of the conservation area. All three buildings contribute positively towards the character of the CA, and therefore harm will be caused by their loss. Calverley House, in particular, is a good example of the prevalent type of architectural style in that period of development of Tunbridge Wells. However, I have reached the same conclusion as is stated within the application following the applicant's assessment - that these buildings are not an integral part of the conservation area. There are better examples elsewhere in the Conservation Area. Therefore, the harm caused will be less than substantial harm, in accordance with paragraph 134 of the NPPF.

Impact of alteration proposals on the conservation area and existing historic (non designated) buildings:

Alterations to, as opposed to total demolition of, existing buildings that positively contribute towards the character of the conservation area are limited to small additions, such as the living wall, to the flank wall of 41-43, and to alterations to the Friendly Societies building, which is not listed.


The shop fronts of the Friendly Societies building currently are modern, aluminium-framed and poorly proportioned, though the shop front surround (fascia, cornice and pilasters, with the elephant head corbels) remains. It is proposed to replace just the modern shop fronts with new aluminium framed shop fronts in the same pattern as that proposed for the new build section on Camden Road. The fascia with dentilled cornice indicates that shop fronts were here historically, as does the Kelly's directory of 1889, as noted in the HIA. It may be more appropriate to reinstate historic shop fronts. Either the applicant should provide further justification as to why this has not been explored, or the proposals should be amended, or a condition attached to any permission to ensure flexibility for agreement of the final design of the shop front. (Officer note – a condition relating to the final details of the shopfronts has been included in the recommendation).

The rear elevation will be substantially altered to provide the route through to the new mall structure here. The elements to be removed, however, are the windows of the 1909 flat roof extension, and the later projecting stage. The alterations to and removal of these elements would not harm the significance of this building, and therefore the significance of the Conservation Area.

Impact of alteration proposals on setting of the conservation area:

Considers that the cinema extension will not harm views into or out of the conservation area, and that the relationship of the listed buildings in terms of character and visual connection with the site is minimal, and the proposals will therefore not harm their setting. The views analysis within the Design and Access Statement is thorough enough to demonstrate this.

Design of new build:

Considers, overall, that the quality of the design will enhance the significance of this part of the conservation area. The reasons for this are set out in the Design and Access Statement and Architectural Assessment, where the urban grain and existing built form are assessed and an explanation provided as to how these are referenced in the new build. It is also relevant in terms of justification overall that the designs and proposed uses will help to increase footfall, will provide an active frontage and promote night time activity to this end of the street, in a sense linking and extending the Camden Road night time activity.

The NPPF states in paragraph 131 that local authorities should take into account the 'desirability of new development making a positive contribution to local character and distinctiveness'. Paragraph 53 of the Historic England supporting advice note on decision taking in the historic environment (GPA2: Managing Significance) sets out how a new development can be successful in the context of the historic environment. The supporting documents together demonstrate that many of the factors listed in this paragraph have been taken into consideration, in particular the relationship of the proposal to its specific site. It also recognises and takes advantage of the fact that there is an opportunity here for a better articulation of this location as a node. This is achieved through architectural detail rather than height, which is considered to be appropriate as there is a consistent height in this area that is conspicuously interrupted by the properties across Camden Road - additional height is likely to exacerbate this.


Finally, the quality and type of materials is another objective criteria. The proposed materials are supported with regard to their high quality as many natural materials are proposed and many also respond well to local distinctiveness. Concerns are raised about the introduction of red sandstone and Westmoreland slate as, although the tones are appropriate, these are distinctive of other areas of the country. Also, concern about the type of cladding that will be proposed for any of the more prominent elements, including durability and appropriateness for the palette (dimensions and shapes of component parts, colour, texture, etc). It is key that local distinctiveness is reinforced not just in the form of the development but also the appearance in regards to materials. Satisfied that this can be dealt with by condition.

Conclusion:

The proposed redevelopment would cause less than substantial harm to the significance of the Royal Tunbridge Wells Conservation Area with regard to the demolition element, but it is recognised that the appropriate level of investigation into alternative options, and demonstration of benefits, has been included in the application to allow for the benefits to be weighed against the harm caused, in accordance with national policy.

TWBC Urban Design Officer

7.11 (25/2/16) Detailed response which sets out the urban design context, describes the pedestrian activity levels in this part of the town centre, assesses the contribution made by the existing buildings and comments on their heritage value. The comments then turn to the proposals, describing the evolution of the design of the proposed new buildings, then assessing their layout, form and massing, their appearance from Calverley Road and Camden Road and the effect of the changed to the roofscape of the shopping centre. Comments are also provided on the materials and the effects on the streetscape and the public realm

Summary: This part of the town centre is considered to be at a stage in its evolution, where it requires change through a major overhaul and investment. This is a key part of the town, but its contribution the eastern end of Calverley Road and Camden Road is poor. The area currently is one of the less active parts of Tunbridge Wells and therefore in need of reinvigorating. The proposals provide an opportunity to create a critical mass that would bring significant benefits in terms of meeting retail needs and, through the cinema, would add to the vitality and viability beyond normal trading hours adding significantly to the night time economy of the town.

The buildings proposed to be demolished would not adapt easily to modern retail needs nor contribute significantly to a vibrant town centre. If they were to be retained the optimum floor-space in terms of quantity or quality may not be generated. From an urban design point of view whilst there is the need to preserve the best of the past, it should be balanced with the maintenance of the attractiveness of the town through vitality and viability of the economy and to prevent leakage.


The various buildings within the application site have undergone a number of changes which in my view has eroded much of their historic character. On Camden House there have been changes in the roof line from eaves to parapet detail. Windows positions have been changed. Plastic windows inserted on Calverley House. Apart from the Friendly Societies Building which can be assimilated into the redevelopment, the balance must rest with the overall character and economic health of the whole town and its attractiveness to visitors, shoppers and jobs.

In working up the scheme, the architects have explored a number of massing configurations. In previous iterations a corner tower was considered but thought to be too formal for the town where the character is more self effacing and its architecture more domestic character. This modest more unassuming design approach better reflects the traditional street pattern and building forms of the area.

The town centre is also desperately missing the larger floorplates desired by many of the major retailers. Due to the topography of the town and the recognised heritage importance of other parts of the town such as Pantiles and High Street, there are very few opportunities to provide them. Therefore, as this is one of few that do exist, it is important to make best use of this chance to create some larger floorplates.

The overall scheme in my view is an effective way of creating a significant quantum of floor-space, whilst having relatively little impact on the overall massing.

Summary of detailed observations /comments- The scheme makes best use of space and provides a clear movement strategy.

The general form and massing is generally contained within the existing envelope. The location of the development at the high point in this part of the town makes it undetectable from closer views. Even the longer range views such as from Mount Ephraim will not be unduly affected. I consider that the proposed serrated mall roof will assimilate the building into the general roofs-cape of the town’s skyline. The cinema configuration currently shows 8 screens. How these are finally massed and the use of materials can be refined through submission of final details.

The roofscape shown on the amended plans is a far simpler form at roof level and provides a more attractive location for an A3 use with a terrace and views out to the town.

The rounded end to the corner of Camden Road is a welcome detail typical of Tunbridge Wells, and works well in signifying the corner when viewed from further down Camden Road.

The brick fin wall is useful and interesting feature which helps the structural layout of the building but also provides the opportunity for a subtle design feature onto Camden Road. It also serves to appropriately frame the entrance portal when entering from Calverley precinct The green wall will be a significant and dramatic feature of the scheme and its maintenance will be paramount in keeping up its appearance. The architectural model shows pilasters to the shopfronts, whereas the drawings do not. I would recommend a more traditional language should be adopted for Camden Road with pilasters, console brackets, mullions and possibly stallrisers so as to articulate the ground floor and also to relate it to the upper levels


The roofscape of the cinema block will be visible from more distant views such as Mt Ephraim and possibly from the north. The configuration of the current proposal may well change depending on the final operator’s needs and number of screens provided. It is still nevertheless important to have some articulation and modelling at the skyline.

Materials details to be agreed but sample boards show that quality of materials is acceptable. Concern regarding the use of self coloured render.

Recommends the development should contribute to the public realm in this area as set out in the Urban Design Framework.

TWBC Landscape Officer

7.12 (2.3.16): The sequence of green/brown roofs proposed for the ridged mall roof over Ely Court and for the flat roofs over the cinema are most welcome and if properly detailed can make a very positive contribution to our urban green infrastructure and biodiversity as well has having benefits for water attenuation and insulation (heat and sound). Final details need to be secured by a pre-commencement condition.

The green wall proposed to the east side of the Marks and Spencer’s unit that starts outside and then goes inside the proposed mall will be expensive to install and maintain but will add to the design interest, creating some variety within the street scene and make a positive environmental statement. In its absence this side of the new mall could be rather unattractive. If not well maintained they can become unsightly (dead and dying plants) and there is a risk especially with the internal section (these can be more difficult to maintain) that it may be abandoned in the future. As a precaution there should be a condition regarding its retention or replacement with an agreeable alternative.

Regarding landscape and nature conservation:

- The inclusion of bat and bird boxes as a biodiversity enhancement is a welcome and details can be sought by condition. The bat report is not entirely accepted in that whilst it is accepted that foraging and commuting opportunities are negligible there does appear to be some roosting opportunities and singleton bats have been found within the town centre. However, as the risk is low, it is sufficient for an informative regarding bats to be attached to any permission.

- Public realm improvements do not appear in the scheme. In particular the completion of the precinct paving scheme should be sought as part of a localised enhancement but also as the damage that will be caused by construction activity is likely to require extensive remedial works which will be almost impossible to integrate successfully without doing the whole width of the precinct. The reinstatement and improvements to the end of the precinct should be secured by condition/legal agreement.

TWBC Environmental Officer

7.13 (3/3/15) As this proposal consists of a non-residential development with a floor area of greater than 1000m2, it is subject to the requirements of the council’s Renewable Energy SPD, to generate 10% of the sites carbon emissions from renewable energy sources. The applicant’s proposal meets this requirement through the provision of air source heat pumps. This is acceptable, and the standard energy conservation and renewable energy conditions should be applied.


The ‘Very Good’ BREEAM pre assessment score is commendable and a condition should be applied to secure this achievement during the construction phase. I note that the applicant is aiming for a minimum score of Very Good.

The proposed water conservation measures appear adequate. Similar to energy, I would recommend that water sub meters are installed for all tenants to further encourage responsible use and the standard water conservation condition is applied.

TWBC Planning Policy

7.14 (7/3/15): Regarding the clarification of the net total increase of the scheme (3,395sqm), although this is not a significant increase in terms of net additional A1 floorspace, it is accepted that it is a positive reconfiguration of the existing space and some underutilised areas of the shopping centre. It is also useful to have further clarification of the other future development opportunities, including the additional opportunity at Topshop/Topman. This does demonstrate that there is potential for significant floorspace increase (akin to that provided for within Policy AL/RTW19 – Land at Royal Victoria Place, of the emerging SADPD) over the longer term should the owner of the site wish to pursue it if market conditions remain favourable and they wish to expand in retail terms to enhance the offer of the centre as advocated by the Borough Council in their emerging policy documents.

7.15 (30/12/15): (Summary) It is agreed that the proposals should be considered in

accordance with Paragraphs 14 and 196 of the NPPF and in this respect it is considered that the proposals are in accordance with the adopted and emerging Development Plan. The proposals are acceptable and supported in planning policy terms. The development would make a positive contribution to the retail offer of Royal Tunbridge Wells and also seek to enhance the leisure offer and evening economy of the town.

TWBC Economic Development (Regeneration and Transport) 7.16 (4/3/16): (Summary) Support to proposals. Whilst significantly short of the floorspace

allocation in the draft Site Allocations DPD Policy, the proposals have the potential to make a significant contribution toward the vitality and attractiveness of RVP and the wider town centre. The addition of the cinema in particular will diversify the offer, increase footfall and extend dwell time amongst some of those who visit.

Royal Tunbridge Wells is an attractive and prosperous town centre, which benefits from a high level of containment in terms of retail spend. Recent statistics from Experian provided by consultant’s Colliers, confirm that the town retains 46% of comparison retail spend locally. This is currently estimated to be worth £238,405,410 annually. The town currently leaks an equivalent level of retail spend to other centres, and most prominently to Tonbridge 8%, North Farm 7%, and Bluewater 5%. In contrast however, the town also draws in retail spent from surrounding centres. For example drawing 20% of the local retail spend from Sevenoaks town, which is currently valued at £127,803,108 annually. This is higher that the percentage of comparison retail spend that Sevenoaks retains locally, this being 7%. These statistics confirm the economic strength of Royal Tunbridge Wells, which the Borough Council wishes to further consolidate.


The proposed reconfiguration and expansion of the shopping centre if delivered, would serve to further enhance the status of the town as a leading shopping, service and cultural centre. If approved the proposal would also complement the work of the recently established Royal Tunbridge Wells Together (RTWT). RTWT is a new business-led town centre management organisation supported by RVP and the Borough Council (as well as other town centre businesses across a range of sectors), which is seeking to make Tunbridge Wells an even more exciting and vibrant place, that is better for businesses, visitors and residents.

Tunbridge Wells Civic Society

7.17 (3/3/16): (Summary) Support the principle of the expansion, the opening up to Market Square, and the creation of the multi-screen cinema, subject to further examination of the traffic implications.

Reluctantly agree to the loss of Calverley House to facilitate a proper entrance to the centre. Regarding the loss of the ‘White Stuff’ building and the adjoining 1 Camden Road have taken the view that this could be considered to be acceptable only if a suitably distinctive replacement was offered. The revised design for the corner buildings, with a glazed pavilion on the second floor, represents a considerable improvement. With some reluctance it is accepted that this justifies the demolition of the White Stuff building and 1 Camden Road. However, would hope to see the design of the entrance improved, particularly the glazed roof.

Tunbridge Wells Town Forum

7.18 (3/3/16): (Summary) Regarding planning policy and internal design aspects, support economic development in appropriate parts of the town and consider the proposed redevelopment of Ely Court and the Food Hall light-well area is appropriate development at this location. Support the general internal design and the provision of larger retail units in line with current retail demand, the proposed cinema and the proposed improved restaurant and café provision. Are pleased to note the adequate links between elements of the new internal spaces, and the improved links to Market Square; the living wall, which would mitigate the ugliness of the existing flank wall of the M&S store; and the provision of a ‘brown roof’ to achieve environmental gain. Delighted that the Friendly Societies’ Hall would be retained almost in its entirety and its magnificent first floor hall would be restored and incorporated in the public realm with access from both within RVP and Camden Road.

Regarding external elements of the design, the revised external ground plan avoids the breaking up of the building line on Calverley Road which concerned us in the original drawings. Also, the proposed ground-plan treatment of the corner of Calverley Road and Camden Road is much improved over the original drawings.


In order to deliver the internal design, accept the need to demolish Calverley House. Continue to regret the prospective loss of Camden House and 1 Camden Road. Demolition should only be contemplated if these buildings would be replaced with buildings of real merit, which should mean a well-mannered contemporary architecture respectful of its surroundings. The amended plans, with an additional storey added to the proposed corner building, narrowly overcome our regret at the loss to the townscape of Camden House and 1 Camden Road. The proposed contemporary set back additional storey, which would be used as a restaurant and roof terrace, would add a degree of animation to the Calverley Road frontage and also to the prospective street scene, also providing the opportunity for public art above the corner of Calverley and Camden Roads.

Have concerns about the durability of the Sto render proposed to be used in the facade treatments, the implications of the proposed suspended ceiling lines on the window treatment of the facades, the aesthetic need for an additional supporting column in the new corner building, the detail of the canopy design on the Calverley Road main entrance and several other important points of detail on which we have made separate informal comment. Would urge that technical solutions be found to these issues with the imposition of conditions where appropriate. Conditions are needed to ensure that screening, integration or invisibility of all intended roof mounted technical plant. (Officer note – these matters are addressed by various proposed conditions)

8.0 APPLICANT’S SUPPORTING STATEMENT 8.01 A large number and wide range of public benefits will arise from these developments

proposals, for Royal Victoria Place and the town centre as a whole. 8.02 The NPPF attaches great importance to economic growth and the economic benefits

of development are a very important material consideration to which significant weight must be attached. The scheme will have a significant positive economic impact across the town centre and wider area in line with planning policy at both national and local levels.

8.03 This development will generate a wide range of direct, indirect and catalytic

economic effects, both quantifiable and non-quantifiable. The most significant impacts and benefits of the proposed development on the local economy can be summarised as follows:

1 a major capital investment of circa £70 million investment in the

shopping centre. 2 the provision of up to an estimated 780 temporary construction jobs

supported during the construction phase across a range of skill levels. 3 once completed, the provision of around 275 net additional jobs across

the retail, restaurant and leisure sectors. 4 the generation of £6.9 million in Gross Value Added each year for the

local economy from the new job creation. 5 the scheme will have a significant positive impact on the local labour

market, and local recruitment measures will be put in place to ensure that the benefits are realised by local people.

6 a further 85 FTE “spin-off” jobs will be indirectly supported elsewhere in the region through wage and supplier spending.


8.04 The new retail and leisure elements will meet specific needs of customers and visitors to the town centre. The proposed development will help remedy some existing deficiencies and in doing so significantly strengthen the eastern end of the shopping centre and this part of the town centre. The cinema and restaurants will create activity in the shopping centre and in this part of the town centre over a much longer period into the evening than currently. This will improve economic activity, natural surveillance and make the town centre a more inviting place to visit generally outside of core shopping hours. The provision of new toilets and baby change facilities, improved vertical circulation at the eastern end of the centre and improved and more direct access from the car park through re-orientation of the lifts, are further benefits. The overall effect of these changes will be to create a more vibrant Royal Victoria Place and successful shopping and leisure destination for visitors to the town centre as a whole.

8.05 The development will contribute to the achievement of sustainable development in

Royal Tunbridge Wells, by responding all three dimensions of sustainable development, as identified within the NPPF (paragraph 7) as set out below.

Economic role: the development will enhance the viability and vitality of the

town centre and create new jobs and wealth in the local economy during construction and after operation.

Social role: the development will enhance Royal Victoria Place as a major focal point in the town centre for visitors to the town centre. The proposed development will provide a new high quality shopping and leisure facilities in a highly accessible location to serve the needs of the local community and other visitors to the town.

Environmental Role: The proposed development protects and enhances both the natural, built and historic environment. The proposals make more efficient use of existing space and the former Friendly Societies building will be refurbished. Existing historic buildings will be lost but overall it is considered that the Conservation Area will be enhanced by these proposals. The development will include brown roofs, a green wall and bird nesting and bat boxes on the roof, leading to a bio-diversity enhancement which is a benefit of the scheme.

9.0 BACKGROUND PAPERS AND PLANS

Air Quality Assessment (Waterman). Archaeological Desk-Based Assessment (Waterman). Architectural and Townscape Assessment of Buildings within a Conservation Area (Haskoll). Bat Survey (Waterman). BREEAM Pre-Assessment (Cudd Bentley). Design & Access Statement (including Ventilation and Extract Statement) (Haskoll). Drainage Strategy (Waterman). Energy Statement (Cudd Bentley). Flood Risk Statement (Waterman). Heritage Impact Assessment (Nathaniel Lichfield & Partners). Preliminary Environmental Risk Assessment (Contamination) (Waterman). Sustainability Statement (Cudd Bentley). Transport Statement (Waterman) and Transport Statement Addendum. Covering letter dated 12.2.16, submitted with amended plans Plant Strategy (Haskoll)


Existing plans: Service level; Food court level; Lower mall level; Upper mall level; Management level; Roof level; Basement level FSH; Lower mall level FSH; Upper mall level FSH; Mezzanine level FSH; Roof level FSH; Front elevation FSH SE; Flank elevation FSH; Flank elevation FSH NE; Flank elevation FSH SE; Rear elevation FSH NW; Section P FSH; and Section FSH

10.0 APPRAISAL 10.01 The key issues are:

- Principle of Development - Heritage Impact / Design Considerations / Benefits of Redevelopment - Highways and Parking - Air quality - Noise - Sustainable Design and Renewable Energy - Other matters - Section 106 Agreement

Principle of Development

10.02 Paragraph 23 of the NPPF identifies town centres as the heart of communities and requires local authorities to pursue policies to support their vitality and viability. In determining planning applications, Paragraph 196 of the NPPF confirms that planning law requires applications to be determined in accordance with the development plan unless material considerations indicate otherwise.

10.03 RVP shopping centre is located within the Primary Shopping Area of Royal

Tunbridge Wells town centre, as designated by the adopted Local Plan (2006), and is the town’s prime focus for retail activity.

10.04 Local Plan Policy CR1 confirms that A1 (retail) uses will be permitted on sites within

the defined Primary Shopping Area. In addition, other large scale uses, including A2 (financial and professional services), A3 (restaurants and cafes), A4 (drinking establishments), A5 (hot food takeaways), and D2 (leisure and entertainment) will be permitted within the town centre, provided they meet a number of criteria (such as not having and adverse impact on vitality and viability of the town centre; the requirement to accord with the relevant site allocation policy; and being consistent with the scale and function of the town centre). The proposed range of uses included within this application is entirely in accordance with this policy and all of the criteria listed therein are met.

10.05 The extension of RVP is the subject of policies within the adopted Local Plan (2006),

the adopted Core Strategy (2010) and the emerging Site Allocations DPD (submission Draft 2015)..

Local Plan 10.06 Local Plan Policy CR4 allocates this part of Royal Victoria Place for a significant

element of retail floorspace along with the provision of restaurants and cafés, drinking establishments, hot food takeaway and leisure and entertainment uses. The infilling of the food court and redevelopment of Ely Court are specifically identified as opportunities within the Local Plan. These proposals therefore accord with this Policy in principle.


Core Strategy 10.07 The Core Strategy (2010), through Core Policy 8, provides a target for 26,500 sqm

comparison floorspace to be provided across the borough up to 2017; and confirms that retail and leisure uses should be directed to defined town centres in the first instance. Bullet point 6 of Core Policy 9 considers that the identified net comparison retail floorspace requirement (of 23,500 sqm net) should include, but not be restricted to, the planned expansion of RVP.

Draft Site Allocations DPD 10.08 The SADPD was recently the subject of Examination, with the Inspectors final report

expected shortly. As the SADPD is at an advanced stage of preparation, this policy can be afforded considerable weight in the decision making process.

10.09 Emerging SADPD Policy AL/RTW19, identifies RVP as a key area for future retail

development and expansion during the Plan Period to 2026. This policy relates to the whole of Royal Victoria Place and allocates an additional 13,000 sq.m of comparison retail floorspace to be provided on the whole site. The proposed development site forms part of this wider allocation and the proposed development will contribute to meeting these needs by providing modern new comparison floorspace, albeit that the net increase in retail floorspace is about 2,890 sqm and so represents only a small apart of the total floorspace that the SADPD is proposing to allocate at this location.

10.10 In order to ensure that this development does not prejudice the scope for the delivery

of the remainder of the allocated retail floorspace, the applicant has been requested to demonstrate the opportunities for creating the additional floorspace envisaged in the emerging SADPD. In response, the Design and Access Statement outlines, in Chapter 8, other opportunities that might come forward within Royal Victoria Place in the future to further help meet these needs. These details have been updated since the application was originally submitted to identify an additional opportunity above Topshop/Topman. These details are sufficient to demonstrate that the current proposals will not have a prejudicial impact.

10.11 In principle the proposals to extend the retail floorspace at RVP and to improve the

complementary food, drink and leisure offer accord with the allocations set out within adopted and emerging development plans, namely the adopted Local Plan Policies CR1 and CR4, Core Strategy Policies CP8 and CP9 and emerging SADPD Policy AL/RTW19; and with Paragraph 23 of the NPPF.

Heritage Impact, Design Considerations and Benefits of Redevelopment

Introduction 10.12 The heritage and design considerations go to the heart of the decision required to be

made on these proposals. To assist consideration of this issue, the applicant has provided a very detailed and thorough analysis, contained within a suite of supporting documents, including a Planning Statement, Design and Access Statement, Architectural Assessment, Archaeological Assessment, and Heritage Impact Assessment.

10.13 This section of the appraisal first considers the heritage impacts resulting from the

proposed demolition and alterations in terms of harm to designated and non-designated heritage assets. It then appraises the design of the proposed replacement development (as recently amended as set out in paragraph 2.06 above), considers the public benefits of the proposal and sets out the conclusion on this critical aspect of the application.


Heritage impact 10.14 The effect of the proposed development on the historic environment includes:

(i) The impact of the proposed demolition and redevelopment on the special character and appearance of the Conservation Area as a designated heritage asset; These are considered in paragraphs 10.15 to 10.23 below.

(ii) The impact on the setting of the Conservation Area by part of the development that adjoins the Conservation Area, principally the new cinema. This is considered in the section below entitled design considerations.

(iii) The impact on the setting of nearby listed buildings: 57-59 Calverley Road (currently occupied by Giggling Squid and Calverley Dental Practice) and 8-36 Monson Road. As the relationship to these in terms of character and visual connection with the site is minimal, no harm to the setting of these buildings is likely to ensue from the proposals.

Impact of the proposed demolition impact of the proposed demolition and redevelopment on the special character and appearance of the Conservation Area:

10.15 The proposals will result in the demolition of three buildings (Calverley House, Camden House (White Stuff), and 1a / 1b Camden Road) – all of which are non-designated heritage assets which contribute positively towards the character of the Conservation Area, the boundary of which was drawn to specifically to include these buildings. Their importance may be summarised as follows:

- Calverley House, dating from 1897 is considered by the Conservation Officer

to be a good example of a national architectural style of greater local importance to the conservation area than the others within the group, with a notable local architect and mayor (Herbert Murkin Caley) linked to other parts of the Conservation Area.

- Camden House, which was originally two buildings dating from the late 19th century , provides evidence of the transition of this part of town to the more working class areas which formed as the spa became a more settled town and a place for commuters to London to live – Paragraph 3.3.1 of the Conservation Area Appraisal recognises this. The shift to more permanent residency required servants, shops and craftsman – ‘new residential areas, for example Windmill Fields, Crown Fields and Camden Road became established to house this section of the population.’ The Conservation Officer points out that unfortunately this building has been substantially altered such that it no longer resembles its original appearance, nor does it successfully attempt to copy another architectural language.

- 1a and 1b Camden Road date from between 1868 and 1895. They are considered by the Conservation Officer to be a good example of a national style that is replicated in other parts of the conservation area, adding to its variety and interest.

10.16 As heritage assets are irreplaceable, any harm or loss requires clear and convincing

justification. The applicant’s analysis of the potential for the re-use of these buildings resulted in the conclusion that their demolition would be justified. The Architectural Assessment records the individual building surveys that were carried out to assess the level of repair and adaptation required to return the buildings to viable use. This demonstrates that all options were considered, and that reuse of the buildings is not a sustainable solution and would, in most cases, involve just façade retention, which is not usually a satisfactory outcome in regards to sustaining significance.


10.17 The current buildings are a mixed age dating from the mid 19th to early 20th century. From the submitted analysis, they have also evolved, been heavily adapted and undergone major changes to the fabric. The upper floors are mostly unviable and underused. The floor levels vary between and within the various buildings particularly on Camden House. Generally they have low floor to ceiling heights. It is accepted therefore that the buildings would not adapt easily to modern retail needs. If they were to be retained it is highly unlikely that they would generate the optimum floor-space in terms of quantity or quality for the town centre.

10.18 The above considerations have led the applicants towards the conclusion that

demolition and redevelopment, with the exception of the Friendly Societies building is the only realistic solution to providing the proposed retail and leisure enhancement of RVP.

10.19 However, as the buildings proposed to be demolished are considered to make a

positive contribution towards the character and appearance of the conservation area, and are non-designated heritage assets, their loss will result in harm as part of the architectural, social and economic history of the town will be lost with the loss of these buildings. With reference to the NPPF it is necessary to identify whether such harm would represent ‘substantial harm’ or ‘less than substantial harm’. Paragraphs 135 and 138 of the NPPF are relevant and are repeated below:

Paragraph 135 – The effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that affect directly or indirectly non designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset.

Paragraph 138 (insofar as it relates to Conservation Areas) – Not all elements of a Conservation Area will necessarily contribute to its significance. Loss of a building (or other element) which makes a positive contribution to the significance of the Conservation Area Site should be treated either as substantial harm under paragraph 133 or less than substantial harm under paragraph 134, as appropriate, taking into account the relative significance of the element affected and its contribution to the significance of the Conservation Area as a whole.

10.20 NPPG (paragraph 018 of the historic environment section) notes that substantial

harm is a high test, so it may not arise in many cases. It also states that the impact on the conservation area as a whole is to be considered.

10.21 The buildings’ significance largely lies in their contribution to the variety of townscape

in the Conservation Area. Whilst these buildings are good contributors to the character and appearance of the conservation area, their contribution has been diluted in some ways over the years, to different degrees through alterations to their fabric and appearance. There are better examples elsewhere in the Conservation Area and, in the wording of the NPPG, they are not integral to the significance of the conservation area as a whole. When considered as either individual buildings or as a group, these buildings are not considered to be so important or integral to the character, appearance or significance of the Conservation Area as a whole that it would be seriously undermined by their demolition. It is therefore concluded that ‘less than substantial harm’ to the significance of the Conservation Area would result.


10.22 However, less than substantial harm is still considered to be harm, and therefore the proposal will not preserve or enhance the character and appearance of the conservation area. (Section 72 of the Planning (Listed Buildings & Conservation Areas) Act 1990) directs that local planning authorities pay special attention to the desirability of this). Accordingly, Paragraph 134 of the NPPF becomes relevant. This states:

‘Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use’.

10.23 Having identified that ‘less than substantial harm’ would result from the loss of these

buildings, as a result of the test at Paragraph 134, it is necessary to consider what the public benefits of the proposals and to weigh these against the harm. NPPG (paragraph 020 of the historic environment section) states:

‘Public benefits may follow from many developments and could be anything that delivers economic, social or environmental progress as described in the National Planning Policy Framework (Paragraph 7). Public benefits should flow from the proposed development. They should be of a nature or scale to be of benefit to the public at large and should not just be a private benefit. However, benefits do not always have to be visible or accessible to the public in order to be genuine public benefits. Public benefits may include heritage benefits, such as:

sustaining or enhancing the significance of a heritage asset and the contribution of its setting

reducing or removing risks to a heritage asset securing the optimum viable use of a heritage asset in support of its

long term conservation’. Design Considerations Urban design context: 10.24 Whilst much of the shopping centre is discreetly embedded behind retained shop

units and elevations facing onto Calverley precinct, the eastern part of the shopping centre is less successful architecturally and represents poor townscape. The entrances to Ely Court from both Calverley Road and Camden Road are weak. The semi open area within Ely Court, lined by single storey kiosks, is an uninviting space, as evidenced by low activity, with retail units often changing hands and experiencing voids.

10.25 The corner of Calverley and Camden Roads is a key node in the town centre.

Although the level of pedestrian movement is reasonably high due to the proximity to the Crescent Road car park and being at the eastern end of the precinct, the buildings in the area and their uses are not fulfilling the potential of their position in the town. This is also evidenced by the often changing tenants of the retail units on the three opposite corners of the junction. The public realm in the vicinity is characterised by a busy traffic junction and narrow footways, all of which is very intimidating for all users.


10.26 This provides a strong indication that the town, at this nodal point, is at a stage in its evolution where it requires change through a major overhaul and investment, This is recognised by the Local Plan, Core Strategy and Site Allocations DPD, all of which identify the redevelopment of Ely Court as an opportunity for improvement and expansion of the retail offer.

Design policy background: 10.27 Draft policy AL/RTW19 sets a number of criteria that development on the Royal

Victoria Place site will be subject to, the majority of which carry forward the requirements of Local Plan Policy CR4. Additional criteria relate to requirements for contributions to road junction and public realm improvements at the junction of Calverley Road, Camden Road and Monson Road, which the applicant is willing to implement. The emerging policy also makes reference to public art being provided and the applicant is has also identified opportunities for this (paragraph 2.07 of this report).

10.28 The most recent expression of the Council’s intentions for the site is contained within

the recently issued draft Urban Design Framework SPD. This shows an indicative proposal for redevelopment of the corner of Calverley Road and Camden Road with a new mall entrance extending away from the corner of the junction. Whilst only very limited weight can be attached to this emerging document, and the drawing is only of an indicative nature, it does reveal the extent of redevelopment that the Council has envisaged for this site.

Design of new build:

10.29 The NPPF states in paragraph 131 that local authorities should take into account the 'desirability of new development making a positive contribution to local character and distinctiveness'. The site is partly within an extensive conservation area and is at the heart of the retail area of Tunbridge Wells, which has managed to maintain a compact street pattern and traditional townscape.

10.30 The proposed design has evolved following discussions with Officers and

consultation with local stakeholders including the Civic Society and Town Forum. The Design and Access Statement documents this process.

10.31 The Council’s Urban Design Officer and Conservation Officer are now satisfied that

design approach satisfactorily reflects the traditional street pattern and building forms of the area and will maintain a strong frontage at the corner of Camden Road and Calverley Road, without being too assertive. The proposed design reconfigures the available space, creating a significant quantum of floor-space, whilst having relatively little impact on the overall massing of this part of the shopping centre. Although the development is located at the high point in this part of the town, the serrated mall roof and roof level extensions that accommodate the uppermost part of the cinema would not be detectable from closer views. Also, longer range views such as from Mount Ephraim would not be unduly affected.

10.32 As originally submitted the previous roof form on the Calverley Road frontage

appeared somewhat apologetic, with its uncharacteristic conical roof on the corner. This element of the scheme was questioned by officers and was a concern to the Tunbridge Wells Civic Society and Town Forum. Also objections (non-specific) to the design were raised by Historic England, as summarised in Section 7 of this report. The recent submitted modification has clearly improved the appearance by the addition of a more apparent and visible restaurant floor with a glazed façade. This is a far simpler form at roof level and provides a more attractive location for restaurant use with views out to the town.


10.33 Design features such as the fin wall and the building’s rounded end at the corner of

Camden Road have the effect of signifying the corner when viewed from all directions, and are referenced in other locations within the Conservation Area, as demonstrated in the Design and Access Statement. The green wall will be a significant and dramatic feature of the scheme. Such features add to the distinctiveness of the scheme in design terms.

10.34 The submitted sample panels provide reassurance over the intended high quality of

external materials. Concern about the use of self coloured render has been raised and this, together with a series of detailed design matters raised by consultees, can be addressed through planning conditions. It is not unusual on a scheme of this scale to require final design details to be submitted for approval.

Public realm improvements: 10.35 These proposals present an opportunity to greatly enhance the public realm at this

key town centre location. The draft Urban Design Framework includes an indicative drawing showing a public realm improvement at the Calverley Road / Camden Road / Monson Road junction and the emerging Site Allocations DPD refers to the requirement for such improvements (albeit that this is in the context of an allocation that is related to a much greater amount of retail floorspace at RVP than is proposed within this application.

10.36 It is considered that the public realm associated with the redevelopment of this corner

is an integral part of the design of the proposals. NPPF Paragraph 57 points to the importance of planning positively for the ‘achievement of high quality and inclusive design for all development, including individual buildings, public and private spaces’.

10.37 The Urban Design Officer has commented that the external paving materials to the

mall entrance should integrate with those of the precinct and there is a unique opportunity to complete the paving to the end of Calverley Road precinct. The layout of the paving and placing of other street furniture would help to highlight the entrance to the mall. The realignment of the Camden Road building line will assist in providing additional space for pedestrians at this currently cramped corner. The indicative scheme incorporates this area as well as the junction and the area of Camden Road that adjoins the development (involving the creation of a new taxi facility and improved bus layby provision on Camden Road).

10.38 The Council’s indicative public realm scheme has not, however, been drawn up into a

detailed environmental / highway scheme. Nor has it been accurately costed. Notwithstanding this the applicant is willing to implement such a scheme as part oft these proposals. Such a commitment would represent a significant benefit of the proposals, with the potential to create a sense of place, reinforcing the character of this part of town.

Conclusion on design considerations: 10.39 It is concluded that the quality of the design and public realm enhancements will

enhance the significance of this part of the conservation area and pays due regard to the surrounding townscape. The amended plans have addressed the main concerns initially expressed by various interested parties with regard to design of the new buildings. Planning conditions included within the recommendation will help to secure the intended high quality of development.


Benefits of Redevelopment 10.40 In addition to assessing the architectural and urban design merits of the

redevelopment proposals, the overall balance that is required to be struck when considering whether less than significant harm is judged to be caused (under NPPF paragraph 134, referred to above), includes an assessment of the public benefits of the proposals. These are set out below and can include heritage benefits, which are set out first

10.41 The main heritage benefits, as set out in the Heritage Impact Assessment are the

refurbishment of the Friendly Societies building and its incorporation into RVP. In this way, the internal hall which is an important internal feature of the building will be better revealed and the long term future for the building will be secured. In addition, the demolition of the modern single storey buildings in Ely Court, which are out of keeping with the traditional scale of Camden Road, will enhance this frontage.

10.42 The applicant has set out what they consider would be the public benefits in their

Planning Statement, which have been summarised in Section 8 of this report, and which are accepted as compelling conclusions, relating to the economic, social and environmental considerations of sustainable development. These benefits are not repeated here.

10.43 In local planning policy and urban design terms, this development would provide a

critical mass of new retail and leisure development that would have the following benefits:

Providing some of the identified retail needs (as set out in the Retail Study

that underpins the Site Allocation Policy for RVP). Through the provision of an 8 screen cinema, would add to the vitality and

viability of the town centre beyond normal trading hours, contributing significantly to the night time economy and reinforcing the mixed role of the town centre.

Providing spin-off benefits to adjacent parts of the town, particularly Camden Road and the eastern end of Calverley Road towards Carrs Corner.

Improving the overall attractiveness of Royal Tunbridge Wells and maintaining its role as a sub regional centre, with the effect of at least maintaining, and ideally improving, its national ranking.

Conclusions on heritage impact – balancing harm against public benefits 10.44 The most significant adverse effect of the proposals is the loss of three historic

buildings, classed as non-designated heritage assets, which make a positive contribution to the character and appearance of the Conservation Area.

10.45 This loss, though regrettable in heritage terms, would cause ‘less than substantial

harm’ to the significance of the Conservation Area as a whole. The applicant has demonstrated that the condition and configuration of the buildings to be demolished means they are could not be readily assimilated into a new development that would offer the level of benefits needed to justify investment in this part of the Shopping Centre or deliver the retail and leisure needs that have been identified as being required.


10.46 The new buildings, as shown on the amended plans, are considered to be sensitively designed and appropriate to their context, to the extent that they would enhance the character and appearance of the conservation area. Additionally, when the public benefits of the proposals are considered in the context of the balance required to be made under paragraph 134 of the NPPF, these are concluded to out weigh the ‘less than significant harm’ that has been identified.

10.47 In reaching this conclusion, account has also been taken of the views of members of

the public which oppose the demolition of the historic buildings, as well as those of the Civic Society and Town Forum, whose comments are summarised in Section 7 of this report. Both of these bodies have reached the conclusion that the balance has tipped in favour of redevelopment, although it is noted that the Civic Society in particular have come to this conclusion rather reluctantly due to the loss of the historic corner buildings.

Highways and Parking Impact on highway network and sustainable transport considerations

10.48 Policy TP4 of the Local Plan seeks to ensure that there is sufficient capacity within the road network to accommodate new development and that any additional traffic does not adversely affect the safe and free flow of traffic or other road users.

10.49 Policy CP9 of the Core Strategy expects development proposals to respect and,

where necessary, contribute to an integrated approach to improve movement into and around the town, including the promotion of public transport use and improved routes and facilities for cycling and walking.

10.50 The emerging Site Allocations Development Plan Document Policy AL/RTW 19

requires the redevelopment of Royal Victoria Place to contribute to improvements to the road junctions and public realm within the immediate area and the enhancement to other traffic or sustainable transport measures. It is important to note, however, that Policy AL/RTW 19 relates to an allocation of 13,000 sqm of retail floorspace whereas this proposal would involve a net increase of around 3,000 sqm. Therefore any requests for contributions or enhancements must be proportionate.

10.51 The Transport Statement and Transport Statement Addendum submitted by the

applicant conclude that the development is located in an area with relatively good access to nearby sustainable transport connections, including the railway and bus services, with adequate capacity to accommodate the likely number of sustainable transport trips arising from the development. It also asserts that the increased traffic flows resulting from the proposals are likely to be insignificant and therefore unlikely to have any significant detrimental impacts on the surrounding highway network. The provision of a construction traffic management plan and a full travel plan (as would be required by planning conditions) would further reduce the transport impact of the proposal.


10.52 With regard to expected traffic flows, the highway authority has asked the developer to provide some indication of the overall likely uplift of activity as a result of a 10% increase in commercial floor space (restaurant and retail) plus the cinema. The applicant has responded by predicting that the increase in vehicular trip generation to the RVP and Meadow Road car parks will be just over one vehicle per minute in the Saturday peak (13.00 to 14.00 hours) and concluding that this is unlikely to have a significant detrimental impact. Kent Highways have commented that this does not present a comprehensive study of the impact across the town, as the study area was limited to arrival at these two car parks, whereas the impact will be spread across the whole town as visitors will also use other town centre car parks.

10.53 The Highway Authority does, however, acknowledge that it is difficult to quantify the

likely full impacts of developments of this nature; where there is a net increase in use of an existing facility and the shopping centre is not a stand alone destination (visitors to it also visit other premises in the town centre). It is further complicated by the likelihood that there will be linked trips between the shopping and cinema visitors, and it is also relevant that cinema trips and staff trips are likely to be outside peak hours. Short of providing a full highway assessment of the whole town centre, which would not be a justifiable request in view of the relatively limited amount of floorspace increase that is proposed, the Planning Authority needs to make a judgement, based on the submitted information. The judgement in this instance is that the additional retail, A3 and cinema floorspace would not it have a significantly detrimental impact on the highway network.

10.54 The Highway Authority has sought contributions to enhancements to public transport

and, specifically, to fund measures including enhanced public transport information dissemination within the centre and provision of pre-loaded Kent Connected tickets for users of the centre and cinema as part of implementing and monitoring a Travel Plan to be registered with Kent County Council via their Jambusters website. Whilst the applicant is willing to provide a Travel Plan, which will set out measures to encourage modal shift, it is not considered that a specific monetary contribution is justified in planning policy terms, due the site’s sustainable town centre location. The applicant has, however, agreed to the provision of electric charge points in the car park as well as improvements to cycle parking for staff and visitors, which are included within the recommendation.

10.55 In conclusion, whilst the increase in traffic flows across the whole town centre arising

from this development are difficult to predict with confidence, it is nevertheless considered likely that there will not be significant harmful impacts on key junctions or radial routes that would justify requirements for junction improvements. Accordingly, the criteria set out in Local Plan Policy TP4 relating to access to the road network can be met. In addition the imposition of conditions, including the provision and monitoring of a Travel Plan, will assist in encouraging sustainable travel behaviours through the increased use of public transport and cycling, in accordance with Core Strategy Policies 3 and 9, and emerging Policy AL/RTW19.

Pedestrian access and Public realm

10.56 The requirements of the emerging Site Allocations Development Plan Document Policy AL/RTW 19 with regard to public realm improvements are referred to above.

10.57 With regard to the pedestrian environment, the proposed development will provide a

much improved pedestrian access and new thoroughfare into Royal Victoria Place. The setting back of the replacement buildings will allow more space for pedestrians at this congested corner.


10.58 In addition, the applicant has confirmed a willingness to implement a major public realm / highway junction improvement on the area of Calverley precinct adjoining the site and at the Calverley Road / Camden Road / Monson Road junction. This would bring benefits to pedestrians, bus users and taxi customers. The works would be secured through a Section 106 obligation. Such an improvement would represent a substantial benefit, but one which is justified in planning terms by the juxtaposition of the redevelopment proposals with this public space and the NPPF aspirations relating to good design and place-making. The scheme will be based on the indicative drawing contained within the Draft Urban Design Framework. This has to be progressed into a detailed scheme that will require the approval of the Highway Authority. In the working up the detailed design the opportunity for the provision of a water feature will be explored. The Section 106 obligation will confirm the delivery date of the scheme which is expected to coincide with the completion of the construction of the proposed development. Accordingly, the requirements of the Site Allocations DPD Policy AL/RTW will be complied with. Parking

10.59 Local Plan Policy TP7: Tunbridge Wells Central Parking Zone (Commercial) does not seek additional car parking provision in connection with new commercial development within the town centre.

10.60 In accordance with this Policy, no additional parking is proposed and Kent Highways

have agreed that it would not be appropriate to increase overall car parking levels within the town centre.

10.61 Whilst there is some capacity in RVP and Meadow Road car parks, the Council’s

Parking Manager has raised concerns that the public car parking facilities at and near RVP will operate at capacity for longer periods on more days each year. As a consequence, this will lead to additional congestion and queuing both in the car parks and on the approach roads plus a higher likelihood of shoppers avoiding the car parks and circulating nearby streets searching for car parking.

10.62 Kent County Council and the Borough Council are implementing measures that will

address town centre congestion and reduce potential conflicts of shoppers seeking the use of residents parking facilities. The County and Borough Councils are currently in the process of upgrading advance signage on the approaches to the town centre to inform visitors of the availability of spaces in the main town centre car parks. Also, through the implementation of the Parking Strategy, subject to approval, it is intended to reduce the amount of time that permit parking bays could be used by shoppers. Given the wording of Local Plan Policy TP7 and the fact that it is unlikely that the increase in parking demand at RVP and Meadow Road car parks (or other town centre car parks) would result in specific highway safety problems, it is not considered that any request for contributions towards mitigation of car park impact would satisfy the legal tests relating to Section 106 contributions as set down by the CIL Regulations and the NPPF.

Servicing arrangements 10.63 The large basement service yard with 30 lorry bays is accessed from Victoria Road

and has capacity for increased use. Trolley routes lead from this to all parts of the shopping centre and it is not expected that any servicing would take place from any other locations or streets around the Shopping Centre.


10.64 Further information regarding existing use of the service bay and the expected additional demand arising from the development is being provided to Kent Highways, although this is a matter that can be addressed by a condition requiring details of a service management plan to be submitted, as set out in the recommendation.

Sustainable Design and Renewable Energy

10.65 Core Policy 5 of the Core Strategy explains that the Council will apply and encourage sustainable design and construction principles and best practices in order to combat avoidable causes of climate change. It also expects all development to make efficient use of water resources and protect water quality and be designed to minimise waste creation and disposal throughout the lifetime of the development.

10.66 The following sustainability features and strategies have been incorporated into the

proposed development in line with this policy:

- buildings will be suitably insulated to ensure overheating will not occur during the summer;

- a cooling strategy will be developed to minimise excessive heat gains, including the provision of mechanical ventilation and heat recovery;

- glazing will be suitably shaded to prevent solar gain; - any external lighting will be designed to reduce unnecessary light pollution; - the use of materials which are sourced from responsible sources and have a

high Green Guide rating and as such a low carbon impact; and - mitigation to attenuate any incoming noise, especially with regard to the

cinema. 10.67 Regarding renewable energy, the proposals will achieve the required 10% reduction

in energy consumption from air source heat pumps 10.68 Regarding water conservation, the Sustainability Statement sets out the measures

taken to ensure the reduction and management of water consumption. Measures will be implemented which aim to reduce the building’s water consumption by a target of 25% against a notional baseline, which include water efficient components during fit out (e.g. low flow taps and dual flush toilets with low flush volumes); water metres provided to the mains supply of each tenant area; and soft landscaping to rely solely on precipitation.

10.69 Regarding waste creation during the construction phase, the Sustainability Statement

confirms that a Site Waste Management Plan will be put in place to ensure the use of legally sourced timber; to ensure the monitoring of resource efficiency of construction works as well as the percentage of non-hazardous waste produced from both demolition and construction phases, which have been diverted from landfill; to meet the best standards as set out in the Considerate Constructors Scheme; and, in line with the waste hierarchy, to ensure that the need for waste to be considered for a variety of waste streams before being sent to landfill as a last resort will be recognised. Once operational, the development will be served by suitably sized and adequately labelled recyclable waste storage within the service yards and tenant units to allow for waste streams to be sorted and stored before removal in order to reduce the quantity of waste sent to landfill.

10.70 Accordingly it is concluded that the requirements of Core Policy CP5 relating to

sustainable design and renewable energy have been complied with.


Other matters Air quality

10.71 The Air Quality Assessment submitted by the applicant has identified that the main likely effects on local air quality during construction relate to dust but this can be mitigated through a construction management plan. It further contends that any emissions from plant and machinery operating on the site during construction or once the development is completed would be very small in comparison to the emissions from traffic movements on the roads adjacent to the site. In addition, computer modelling has been carried out to predict the effect of future traffic-related exhaust emissions on a number of existing residential locations around the site. It is concluded that the development is predicted to have an insignificant effect on local air quality at all the locations analysed surrounding the site.

10.72 Environmental Services have raised no objections but have suggested conditions

relating to a Construction Environmental Management Plan and the provision of electric vehicle charging points, which have been included in the recommendation. The requirements of Core Policy CP5 relating to air quality have been complied with.

Noise and odours

10.73 Core Strategy Policy 5 expects development to manage and seek to reduce noise pollution levels.

10.74 The area surrounding Royal Victoria Place contains a range of sources of noise including that from roads and general background noise, typical of a town centre location. The applicant contends that the noise generated through associated tenant plant equipment, including the cinema, is not expected to significantly increase the noise levels of the area. Information is contained in the Design and Access Statement about the proposed ventilation and extract proposals for the new development. The noise associated with the construction works would be temporary by its nature and the impacts can be controlled and mitigated through a construction environmental management plan which can be secured by condition.

10.75 Environmental Services have, in their comments, identified the main issues and have confirmed that they have no objections subject to a number of conditions, all of which have been included in the recommendation. The development complies with Core Strategy Policy 5.

Drainage

10.76 The drainage strategy proposes sustainable drainage systems for the site to reduce surface water runoff, comprising living roofs and an attenuation tank. This is considered to be an appropriate surface water drainage solution.

10.77 The majority of the development is accommodated through internal works and roof

top extensions, and most of the development will be linked to the existing drainage systems. With regard to the new buildings on the corner of Calverley Road and Camden Road it is proposed to discharge surface water to an existing sewer, with a large diameter pipe fitted between the Ely Court building foundations and existing services on the pedestrian access from Calverley Road. It is proposed that all foul water discharges generated from the redevelopment will drain to the combined sewer system by gravity, reusing the existing connections.

10.78 With regard to surface water disposal Kent County Council have raised no objections

subject to conditions, which have been included in the recommendation.


Biodiversity 10.79 The NPPF looks for planning to enhance the natural environment by ‘minimising

impacts on biodiversity and providing net gains in biodiversity where possible’ (para. 109). Core Strategy Policy 4 seeks identify opportunities and locations for biodiversity enhancement.

10.80 The development proposes green and brown roofs, a green wall and bird nesting and

bat boxes on the roof, leading to a bio-diversity enhancement. These features are seen by the Landscape and Biodiversity Officer as being very positive aspects of the development, which can be secured by conditions. The submitted bat survey confirms that all buildings and trees on or adjacent to the site boundary were assessed to have no or negligible potential for roosting bats. Whilst the Landscape and Biodiversity Officer would not necessarily agree with all aspects of these conclusions, he is satisfied that there is a low risk to bats. Accordingly, it is concluded that the proposals comply with Core Strategy Policy 4.

Ground Conditions

10.81 In relation to ground conditions and pollution, Core Strategy Policy 5 expects developments to manage soil pollution. The ground contamination report concludes that recent use of the site is not considered to present significant contaminative risk, however, historically a gas works was located on land directly to the west that may have given rise to contamination on site. Appropriate mitigation measures are suggested which will lessen the risk to “low risk” in line with the requirements of the above policy. Environmental Services have recommended a condition relating to contamination which is included in the recommendation.

Crime 10.82 As confirmed by the Kent Police Crime Prevention Design Adviser, the applicant has

considered crime prevention measures and is liaising with Kent Police over these.

Section 106 agreement, 10.83 The National Planning Policy Framework states that planning obligations (such as

Section 106 agreements) should only be sought where they meet all of the following tests:

necessary to make the development acceptable in planning terms, directly related to the development and fairly and reasonably related in scale and kind to the development.

10.84 The applicant is willing to enter into a Section 106 Agreement, which would secure

the provision of a public realm / highway junction improvement on the area of Calverley precinct adjoining the site and at the Calverley Road / Camden Road / Monson Road junction. It is considered that such provision would satisfy the legal tests set out above.

Conclusions

10.85 The proposals represent a major investment that will reinvigorate and diversify Royal Victoria Place, one of the key attractors to the town centre. The principle of the proposed development, providing new retail units, additional restaurant and cafés and a new multi-screen cinema accords with the statutory development plan and emerging Site Allocations DPD. The proposals will make a positive contribution to the retail facilities of Royal Tunbridge Wells as well as enhancing the leisure offer and evening economy of the town.


10.86 The foregoing report provides a detailed assessment of the heritage implications of the proposals, which will result in the loss of non-designated historic buildings, to which objections have been raised. The applicant has provided sufficient justification, through the assessment of alternative options, for the extent of the proposed redevelopment works and, through the submission of amended plans, has created an acceptable design that makes a positive contribution to the character and appearance of the Conservation Area. Overall, therefore, it is considered that the harm resulting from the loss of the historic buildings would be outweighed by the public benefits arising from the development

10.87 The application is therefore recommended for approval as set out below. 11.0 RECOMMENDATION – GRANT Subject to: A. THE COMPLETION OF A LEGAL AGREEMENT UNDER SECTION 106 OF THE

TOWN AND COUNTRY PLANNING ACT 1990 AS AMENDED BY THE PLANNING AND COMPENSATION ACT 1991, IN A FORM TO BE AGREED BY THE LEGAL SERVICES MANAGER TO SECURE THE FOLLOWING:

(i) The provision of a public realm / highway junction improvement on the

area of Calverley precinct adjoining the site and at the Calverley Road / Camden Road / Monson Road junction.

(ii) Payment of the Council’s reasonable legal fees for the negotiation and satisfactory completion of the legal agreement.

With the imposition of the following conditions to include:

Standard time limit for implementation

(1) The works hereby permitted shall be begun before the expiration of three

years from the date of this permission.

Reason: In pursuance of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Approved plans

(2) The development hereby permitted shall be carried out in accordance with the

following approved plans:

(to be confirmed)

Reason: For the avoidance of doubt and in accordance with the requirements of the Town and Country Planning (General Permitted Development Procedure) (Amendment No.3) (England) Order 2009.


Building recording

(3) No demolition works shall be undertaken until a full specification of the recording of Calverley House, Camden House, 1a and 1b Camden Road has been submitted to and approved in writing by the Local Planning Authority. The recording measures shall be carried out in accordance with the approved details before demolition of Calverley House, Camden House or 1a / 1b Camden Road commences.

Reason: To ensure that historic building features are properly examined and recorded

Demolition Method Statement

(4) Prior to the commencement of the demolition works a Demolition Method

Statement shall be submitted to and approved in writing by the Local Planning Authority.

The Statement shall include: - An indicative programme for carrying out the works - Measures to minimise the production of noise and dust - Details of the site access and parking during demolition, - Management of traffic visiting the site including parking provision for site

operatives including an undertaking that HGVs must not reverse into or out of the site unless under the supervision of a banksman.

- Measures to prevent the transfer of mud and extraneous material onto the public highway.

Reason: To protect the amenity of local residents and for reasons of highway safety.


Construction Environmental Management Plan and Code of Construction Practice

(5) Prior to the commencement of the construction works a Construction

Environmental Management Plan and Code of Construction Practice shall be submitted to and approved in writing by the Local Planning Authority. The construction of the development shall then be carried out in accordance with the approved Construction Environmental Management Plan and Code of Construction Practice and BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) unless previously agreed in writing by the Local Planning Authority.

The plan shall include: (i) An indicative programme for carrying out the works (ii) Measures to minimise the production of dust on the site (to include the

suggested measures given in sections 7.1 and section 7.3 of the Air Quality Assessment, plus any other relevant measures considered necessary)

(iii) Measures to minimise the noise (including vibration) generated by the construction process and maximum noise levels expected 1 metre from the affected façade of any residential unit adjacent to the site

(iv) Details of the piling method (v) Details of areas for materials storage (vi) Details of the site access and parking during construction, (vii) Management of traffic visiting the site including parking provision for site

operatives including an undertaking that HGVs must not reverse into or out of the site unless under the supervision of a banksman.

(viii) Measures to prevent the transfer of mud and extraneous material onto the public highway.

(ix) Design and provision of site hoardings (x) Measures to manage the production of waste and to maximise the re-

use of materials (xi) Measures to minimise the potential for pollution of groundwater and

surface water (xii) The location and design of site office(s) and storage compounds (xiii) The location of temporary vehicle access points to the site(s) during the

construction works (xiv) The arrangements for public consultation and liaison during the

construction works

Reason: To protect the amenity of local residents and the appearance of the Conservation Area, and in the interests of highway safety.

Hours of demolition and construction

(6) During the demolition and construction phases, no works of demolition or construction shall take place other than within the hours Monday to Friday 08.00 to 18.00 hours, Saturday 08.00 to 13.00 hours and not at all Sundays or Bank Holidays.

Reason: To prevent disturbance to nearby residential properties.


Land contamination (7) If during construction/demolition works evidence of potential contamination is

encountered, works shall cease and the site fully assessed to enable an appropriate remediation plan to be developed. Works shall not re-commence until an appropriate remediation scheme has been submitted to, and approved in writing by, the Local Planning Authority and the remediation has been completed.

Upon completion of the building works, this condition shall not be discharged until a closure report has been submitted to and approved in writing by the Local Planning Authority. The closure report shall include details of; a) Details of any sampling and remediation works conducted and quality

assurance certificates to show that the works have been carried out in full in accordance with the approved methodology.

b) Details of any post-remedial sampling and analysis to show the site has

reached the required clean-up criteria shall be included in the closure report together with the necessary documentation detailing what waste materials have been removed from the site.

c) If no contamination has been discovered during the build then evidence

(e.g. photos or letters from site manager) to show that no contamination was discovered should be included.

Reason: in the interests of protecting the environment and site operatives.

Noise from plant

(8) Prior to the first use of the premises, details of any plant (including ventilation, refrigeration and air conditioning) or ducting system to be used in pursuance of this permission shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed Noise Rating Curve NR35 (in areas of low background sound levels a target of NR30 shall be achieved) as defined by BS8233: 2014 Guidance on sound insulation and noise reduction for buildings and the Chartered Institute of Building Engineers (CIBSE) Environmental Design Guide 2006. The equipment shall be maintained in a condition so that it does not exceed NR35 as described above, whenever it’s operating. After installation of the approved plant, no new plant or ducting system shall be used without the prior written consent of the Local Planning Authority

Reason: To prevent disturbance to nearby properties.


Rating level of noise from plant

(9) The rating level of noise emitted from the proposed plant and equipment to be installed on the site (determined using the guidance of BS 4142 : 2014 Rating for industrial noise affecting mixed residential and Industrial areas) shall be at least 5dB below the existing measured ambient noise level LA90, T during the night time period. For the purpose of the assessment the Authority will accept 23:00 – 07:00 hours as covering the night time period

Reason: To prevent disturbance to nearby properties.

Servicing – strategy for control of noise

(10) Prior to the commencement of the construction works, a strategy for the

control of noise relating to the servicing of the development shall be submitted to, and approved in writing by, the Local Planning Authority. The scheme shall conform to or be similar to the Noise Abatement Society Silent Approach Scheme.

The development shall be carried out in accordance with the approved strategy unless otherwise agreed in writing by the Local Planning Authority.

Reason: To prevent disturbance to nearby residential properties.

Odours

(11) Prior to the first operation of the premises, a scheme and maintenance schedule for the extraction and treatment of fumes and odours generated from cooking or any other activity undertaken on the premises, shall be submitted to and approved in writing by the Local Planning Authority. Any equipment, plant or process provided or undertaken in pursuance of this condition shall be installed prior to the first operation of the premises and these shall thereafter be operated and retained in compliance with the approved scheme.

Reason: To protect the amenity of nearby properties from odours.

Levels

(12) Prior to the commencement of construction works, details of the finished

ground floor levels, shown in relation to the existing and proposed site levels as well as eaves and ridge heights of neighbouring buildings, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved details.

Reason: To ensure a satisfactory appearance on completion of the development.


Surface water drainage details (SuDS)

(13) Construction works shall not begin until a detailed sustainable surface water drainage scheme for the site has been submitted to (and approved in writing by) the local planning authority. The detailed drainage scheme shall demonstrate that the surface water generated by this development (for all rainfall durations and intensities up to and including the climate change adjusted critical 100yr storm) can be accommodated within the curtilage of the site and disposed without increase to on-site or off-site flood risk. (The proposed discharge rates to the public sewer will require the agreement of Southern Water).

Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal and to ensure ongoing efficacy of the drainage provisions.

Implementation and management of surface water drainage

(14) No building hereby permitted shall be occupied until details of the

implementation, maintenance and management of the sustainable drainage scheme have been submitted to and approved in writing by the local planning authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details. Those details shall include:

i) a timetable for its implementation, and ii) a management and maintenance plan for the lifetime of the

development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage system throughout its lifetime.

Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal and to ensure ongoing efficacy of the drainage provisions.

Landscaping - Green / brown roofs

(15) Construction works shall not take place until details of the proposed green /

brown roofs, together with a programme for their implementation and maintenance, have been submitted to and approved in writing by the local planning authority. The submitted scheme shall include schedules of plants (noting species, plant sizes and proposed numbers/densities), details of planting medium depths, written specifications (including cultivation and other operations associated with the establishment and management of the roofs), a programme of implementation and a 5 year management plan. The green / brown roofs shall be installed and thereafter maintained in accordance with the agreed details and programme.

Reason: To ensure a satisfactory external appearance to the development rests of enhancements to biodiversity and surface water management.


Landscaping - Living wall

(16) Construction works shall not take place until details of the proposed living wall, together with a programme for its implementation and maintenance has been submitted to and approved in writing by the Local Planning Authority. This shall include the construction and detailed relationship of the Living Wall with immediately adjoining buildings. The submitted scheme shall include schedules of plants (noting species, plant sizes and proposed numbers/densities), written specifications (including cultivation and other operations associated with the establishment and management of the wall), a programme of implementation and a 5 year management plan. The living wall shall be installed and thereafter maintained in accordance with the agreed details and programme.

Reason: To ensure a satisfactory appearance of this prominent feature of the proposals.

Biodiversity enhancement

(17) No construction works shall take place until a scheme for the enhancement

of biodiversity has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall take account any protected species that have been identified on the site, and in addition shall have regard to the enhancement of biodiversity generally. It shall be include a programme of implementation and monitoring. The scheme shall be implemented in accordance with the approved details and programme, and shall be permanently maintained.

Reason: To protect and enhance existing species and habitat on the site in the future.

External lighting

(18) No external lighting shall be installed until a detailed scheme of lighting has

been submitted to, and approved in writing by the Local Planning Authority. This scheme shall take note of and refer to the Institute of Lighting Engineers Guidance Notes for the Reduction of Obtrusive Lighting, GN01, dated 2005 (and any subsequent revisions) and shall include a layout plan with beam orientation and a schedule of light equipment proposed (luminaire type; mounting height; aiming angles and luminaire profiles) and an ISO lux plan showing light spill. The scheme of lighting shall be installed, maintained and operated in accordance with the approved scheme unless the Local Planning Authority gives its written consent to any variation.

Reason: To protect the visual amenity of the area.


Renewable energy

(19) Prior to the commencement of construction works, written and illustrative details for renewable energy technologies to be used on that phase shall be submitted to, and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

Reason: To ensure a satisfactory standard of development which meets the needs of current and future generations.

Water conservation

(20) Prior to the commencement of construction works, details of water

conservation measures, shall be submitted to, and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details. (It is recommended that water sub meters are installed for all tenants to further encourage responsible use).

Reason: In the interests of water conservation.

Energy conservation

(21) Prior to the commencement of construction works, written and illustrative details for energy conservation within that phase of the development shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

Reason: To ensure a satisfactory standard of development, which meets the needs of current and future generations.

BREEAM – Very Good

(22) The development hereby approved shall achieve a minimum BREEAM rating of ‘Very Good’. The development shall not begin operation until a final BREEAM certificate has been issued certifying that ‘Very Good’ rating has been achieved. This certificate should be submitted to and approved in writing by the Local Planning Authority prior to the first operation of the development hereby approved.

Reason: To ensure a satisfactory standard of development, which meets the needs of current and future generations.


External materials

(23) Notwithstanding the submitted sample panels (which are considered to be generally acceptable), prior to the commencement of the development hereby approved, final written details and samples of any materials to be used externally shall be submitted to and approved in writing by the Local Planning Authority. A sample brick panel shall be constructed on site measuring at least 1m x 1m showing joint size, mortar finish, and colour and type of brick, and the approved panel shall remain on site until the work on these buildings has been completed. With regard to glazing, details of fritting and obscure glazing to hide suspended ceilings shall be provided. With regard to render it is advised that the use of self coloured render should be avoided.

The development shall be carried out in accordance with the approved materials details unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the characteristics of the locality.

Design details: shopfronts

(24) Prior to the commencement of the construction works, final details and drawings of the shopfronts and areas associated with stair wells / means of escape on the Camden Road frontage (and including no. 31-35 Camden Road) including, as appropriate, pilasters, console brackets, mullions and stallrisers shall be submitted to, and approved in writing by the Local Planning Authority. (The submitted details for the Camden Road frontage should reflect the traditional character of shopfronts along this road). The shopfronts shall be constructed in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.


Design details: Cinema

(25) Prior to the commencement of the construction works, details and drawings of the final internal layout of the proposed cinema together with details of its external massing / roofscape and materials shall be submitted to, and approved in writing by the Local Planning Authority. The cinema shall be constructed in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.



Design details: Various

(26) Prior to the commencement of the construction works, details and drawings of the following matters shall be submitted to, and approved in writing by, the Local Planning Authority:

- The junction of the glazed canopy roof with the angled bay windows

behind the fin wall, together with details of the access gantry - The ‘fin’ wall including the termination detail to the Camden Road end,

and the entrance portal and oculus window to the entrance mall. - Design of the entrance canopy / glazed roof on the Calverley Road

main entrance - Junction of the entrance canopy and main mall roof with adjacent

buildings at 41/43 Calverley Road and the side wall of Marks and Spencers.

The development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.


Design details: External restoration of Friendly Societies building and retention of cornice to the main hall and main staircase

(27) Prior to the commencement of the construction works, details and drawings

for the external restoration of the Friendly Societies building, including shopfronts and colour scheme to the building shall be submitted to, and approved in writing by, the Local Planning Authority:

In addition, the cornice to the main hall at first floor level and the main staircase shall be retained, restored and incorporated into the redevelopment scheme in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority:


Design details: substation to Market Square

(28) Prior to the commencement of the construction works, details and drawings of the following matters substation within the Market Square shall be submitted to, and approved in writing by the Local Planning Authority. The substation shall be constructed in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.



Design details: Plant

(29) Prior to the commencement of the construction works, details of the height and materials for the screening of plant shall be submitted to, and approved in writing by, the Local Planning Authority. The submitted details shall be broadly in accordance with the submitted Plant Strategy. The development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.


Public art

(30) Prior to the commencement of the construction works, details of the inclusion of public art within the development (to include features such as the first floor balustrade to Camden Road, a roof level installation at the junction of Calverley Road and Camden Road and ‘Weisbaden’ stainless steel cycle stands at the Market Square and Calverley Precinct) including a timescale for their provision and arrangements for their maintenance shall be submitted to, and approved in writing by, the Local Planning Authority. The public art shall be provided in accordance with the approved details and in accordance with the agreed timescale and thereafter retained and maintained in accordance with the approved details.


Electric Vehicle Charging Points

(31) Prior to the development hereby approved being brought into use, details of the provision of 4 ‘fast charge’ electric vehicle-charging points within RVP car park, including a timescale for their provision, shall be submitted to, and approved in writing by, the Local Planning Authority. The charging points shall be provided in accordance with the approved details and in accordance with an agreed timescale and retained thereafter.

Reason: To ensure a satisfactory standard of development which meets the needs of current and future generations.

Cycle parking

(32) No development shall take place until a scheme for the provision of additional secure staff cycle storage facilities within RVP car park and additional cycle parking facilities within the Market Square has been submitted to and approved in writing by the Local Planning Authority. The approved bicycle storage shall be completed before the development hereby approved is brought into use and shall thereafter be retained.

Reason: To ensure the provision and retention of adequate off-street parking facilities for bicycles in the interests of promoting sustainable transport modes.


In addition detailed wording of the following conditions will be reported at the Committee:

Travel Plan Provision and retention of pedestrian access from Camden Road via Next and

Friendly Societies building Flexibility for a small amount of the A1 use to be used as Class A2 (Financial

and professional Services). Any amount of A2 uses would result in an equivalent reduction of A1 or A3 uses.

Flexibility for a small amount of the A3 uses to be used as A5 (hot food take-away) uses. Any amount of A5 uses would result in an equivalent reduction of A3 uses.

Servicing arrangements INFORMATIVES

1) Your attention is drawn to the Mid Kent Environmental Code of Development Practice, the terms of which should be met in carrying out the development.

2) You are advised of the need to enter into an Agreement under S278and/or S38 of the Highways Act 1980 with Kent County Council for the approval of works to the highway before commencement of any works on the land. The Agreements Team can be contacted on 03000 41 81 81.

3) This development is the subject of an Obligation under Section 106 of the Town and

Country Planning Act 1990.

4) Standard bat informative B. REFUSE PERMISSION FOR THE REASON SET OUT BELOW IF THE

AGREEMENT IS NOT COMPLETED BY 30 APRIL 2016 (OR SUCH EXTENDED TIME AGREED BY THE HEAD OF PLANNING SERVICES)

(1) The proposals would not secure the provision of public realm and junction

improvements and would conflict with Core Strategy Policy CP9 and Policy AL/RTW19 of the Draft Site Allocations DPD.

Case Officer: Lynda Middlemiss NB For full details of all papers submitted with this application please refer to the relevant Public Access pages on the council’s website. The conditions set out in the report may be subject to such reasonable change as is necessary to ensure accuracy and enforceability.