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Committee Date: 12/06/2014 Application Number: 2014/02475/PA

Accepted: 09/04/2014 Application Type: Variation of Condition

Target Date: 09/07/2014

Ward: Ladywood

Broad Street, Suffolk Street Queensway, Bridge Street, and Holliday Street, Land bounded by, Birmingham

Variation of condition no. 14 (Section 278 highway works) attached to planning application 2010/06462/PA to include the re-phasing and scope of works/payments Applicant: Arena Central Developments LLP

c/o Agent Agent: Miller Developments

Miller House, 2 Lochside View, Edinburgh Park, Edinburgh, EH12 9DH

Recommendation Approve Subject To A Section 106 Legal Agreement 1. Proposal 1.1. This application proposes the variation of condition 14 to amend the phasing and

scope of the off-site highway works in response to the Paradise Circus redevelopment and follows extensive discussions with your Officers.

1.2. The existing condition requires the following:

1.3. The development phases as illustrated on drawing number A-SK01-209 shall not be occupied until the following highway works have been agreed with the local planning authority and completed on site.

a) Paradise Circus

1.4. Remodelling of the junction of the southern end of the Paradise Circus and Victoria

Square/Suffolk Street on-slips and off-slips and the entry and exit to Broad Street including two sets of traffic signals (or payment of an equivalent commuted sum) on the earlier of first occupation or within 12 months of post practical completion of 600,000 sq.ft GIA of the development, including the Hotel development on Site F1.

1.5. Provision of improved at-grade crossing facilities enabling level access between Victoria Square and Easy Row and across Suffolk Street Queensway to the Arena Central site on the earlier of first occupation or within 12 months of post practical completion of the planned “V” Building or equivalent building on Plot G.

b) Bridge Street

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1.6. Remodelling of the junction of Bridge Street with Holliday Street (or payment of an equivalent commuted sum) on the earlier of first occupation or within 12 months of post practical completion of a building on Plot E1 or equivalent on the junction of Holliday Street and Bridge Street. c) Holliday Street

1.7. Provision of the main car and service access for the Development from the northern

kerb line of Holliday Street (or payment of an equivalent commuted sum).

1.8. Provision of a white lining scheme with possible splitter islands to allow for right turns into the main site (or payment of an equivalent commuted sum)

1.9. Both to be completed on the earlier of first occupation or within 12 months of post

practical completion of Buildings on Plot E1 and F1 or equivalent between the Crowne Plaza Hotel and Bridge Street.

d) Structures

1.10. Suffolk Street Queensway over-bridge

1.11. Provision of a separate pedestrian bridge in order to provide a level route for

pedestrians from Victoria Square to the Arena Central site (or payment of an equivalent commuted sum) on the earlier of first occupation or within 12 months of post practical completion of the planned “V” Building or equivalent on Plot G.

e) Broad Street Subway

1.12. Infilling a section of the former Broad Street subway (or payment of an equivalent

commuted sum) on the earlier of first occupation or within 12 months of post practical completion of buildings on Plot A and C fronting Broad Street, or equivalent.

1.13. Any requirements for street furniture were to be carried out as required as part of each development that is taken forward.

1.14. Following the emergence of developments within the vicinity including the Paradise Circus and Centenary Square Metro Extension schemes, the current application seeks to amend the wording of this condition to read:

1.15. “14(a)

Prior to the commencement of the development hereby approved (excluding demolition) an agreement under section 278 of the Highways Act 1980 shall be completed in order to facilitate the following works: remodelling of Paradise Circus junction and provision of improved at-grade crossing facilities; works to Holliday Street including provision of accesses to the development and white lining; provision of an over-bridge across Suffolk Street Queensway; and the infilling of the Broad Street subway (or the payment of appropriate Bond Figures). In the event that the Highway Works Pre-Contract Notice for the Paradise Circus redevelopment has been let prior to these works being triggered then the Developer will no longer be required to carry out the works or pay the appropriate bond figure (excluding the works to Holliday Street). 14 (b)

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With the exception of Plots F & G, no phase of development, as illustrated on drawing number A-SK01-209, shall take place until full design and construction details for the highway works specified for that phase of the development (Schedule 1 Paras 1.1, 1.3 & 1.4 of the draft 278 submitted with this application) have been agreed with the Local Planning Authority and all necessary consents, licenses, permits or agreements have been completed or obtained in respect of such measures. The package of works shall include consistent footway, lighting and signage provision along with any necessary Traffic Regulation Orders and are to be carried out at the developer's expense to the Council's specification. The development of that phase shall not be occupied until all such measures have been substantially completed in accordance with the approved details. In the event that a Highways Works Pre-Contract Notice at Paradise Circus has not been let prior to the works in any of paragraphs 1.1, 1.3 and 1.4 of Schedule 1 of the draft Section 278 agreement submitted with this application being triggered then the Developer will be required either to carry out such works or to pay the Second Bond Figure, the Third Bond Figure, the Fifth Bond Figure or the Sixth Bond Figure to the Council.”

1.16. The key changes to the 278 agreement (14a) are that in the event of the Paradise Circus highway works occurring the following works (or associated commuted sums) would no longer be required: • Remodelling of Paradise Circus and Victoria Square slip roads and the exit to

Broad Street

• Provision of at-grade crossing facilities across the Queensway • Suffolk Street Queensway overbridge

• Infilling of a section of the former Broad Street subway

1.17. The new condition 14b would enable Plots F and G (the site of the ‘V Tower’ and the new hotel) to occur without triggering the requirement for off-site highway works which would likely be abortive in the event of the Paradise Circus occurring.

1.18. In addition a sum of £50,000 would be received within 7 weeks of this application’s approval to implement changes to the Holliday Street/Bridge Street junction. This brings these works significantly forward of the previously approved timescale. This sum would be secured through a supplementary Section 106 agreement (Unilateral Undertaking).

1.19. In the event of the Paradise Circus highway works pre-contract notice not being

served prior to the trigger points for the previously agreed works, all S278 measures previously approved would continue to be a requirement of condition 14.

1.20. The applicant has submitted a comprehensive justification for the changes, a draft

S278 agreement and a plot layout plan have been submitted in support of this application.

1.21. No changes to the existing Section 106 agreement are proposed which secures

£5,000,000 towards public transport within the City Core, £100,000 public art, an artist to be involved in the design of public spaces, public toilets, mobility service, CCTV and archaeological interpretation information panels.

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Location Plan Masterplan

2. Site & Surroundings 2.1. The site of the approved outline application for the Arena Central site comprises the

street block bounded by Suffolk Street Queensway, Holliday Street, Bridge Street and Broad Street. A total area of approximately 5.6 hectares. The site to the south of Holliday Street has been developed with the Centenary Plaza residential scheme.

2.2. Fronting Broad Street, the site is occupied by the former Registry Office building (currently the City Council House of Sport), the vacant former TSB Bank and the vacant building of the former Central TV studios. The statue of Boulton, Watt and Murdoch is located in front of the House of Sport. The former TSB Bank is Grade II Listed. To the rear of the buildings fronting Broad Street are former television studios and exhibition hall with an access road.

2.3. Alpha Tower Plaza is located at the corner of Broad Street and Suffolk Street Queensway including the 27 storey, Grade A Locally Listed, Alpha Tower. To the side and slightly set back is the refurbished Crowne Plaza Hotel. An NCP Car Park is situated below the main plaza level. A further vacant multi-storey car park that was located at the corner of Holliday Street and Bridge Street has recently been demolished.

2.4. Beyond the application site, Centenary Square is situated on the opposite side of Broad Street, flanked by the Repertory Theatre, the new Library of Birmingham, Baskerville House (Grade II Listed) and the Hall of Memory (Grade II Listed). The ICC and Brindleyplace are located to the north-west. The Hyatt Hotel is located on the opposite side of Bridge Street, together with Gas Street Basin.

2.5. The Axis building and Centenary Plaza are set back on the opposite side of Holliday Street and on the opposite side of Paradise Circus/Suffolk Street are Fletchers Walk Shopping Mall and a multi-storey office building.

Street View Location

3. Planning History 3.1. 24.02.00 - 1997/04238/PA - Following a call-in inquiry, planning permission was

granted in outline by the Secretary of State for redevelopment, including a new tower of up to 175 metres in height, pedestrian areas and links to provide a mixed use scheme comprising leisure/entertainment uses, health and fitness and/or conference and exhibition/museum facilities, retail (Class A1), financial and professional services (A2), food and drink (Class A3), business (Class B1), hotel and residential including car parking, on land bounded by Broad Street, Suffolk Street Queensway, Bridge Street and Holliday Street and land south of Holliday Street. All detailed matters were reserved except for access, but the application was accompanied by extensive illustrative details.

3.2. 05.04.01 - 2000/05569/PA - Reserved matters approval given, except for landscaping - Erection of a new building comprising 383 apartments with the use of part of ground floor as a health club and/or uses within Classes A1, A2, A3, B1 and

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D1(a), including parking area and access points on site south of Holliday Street (first phase implementation of the Arena Central scheme).

3.3. 04.08.03 - 2003/02159/PA - Approval for landscaping reserved matter associated

with erection of 383 apartments on land south of Holliday Street.

3.4. 03.02.04 - 2003/07235/PA - Approval for extension of range of uses approved under Application Number 2000/05569/PA for part ground floor to include retail, non-residential institutions and assembly and leisure.

3.5. 09.12.04 - 2004/04693/PA – Approval - Extension of time to submit reserved matters

pursuant to Application Number 1997/4238/PA, until 24 February 2010. The consent included an additional condition relating to aerodrome safeguarding. It requires any part of the development which would exceed 242 metres in height above ordnance datum to be accompanied by an aerodrome safeguarding Impact assessment, including any necessary mitigation measures. The measures and programme for implementation are required to be agreed by the Local Planning Authority and Birmingham Airport in advance of any construction above 242 metres.

3.6. 06.07.06 - Your Committee were advised that an aerodrome safeguarding impact

assessment had been submitted in relation to a tower of up to 175 metres in height on the Arena Central site. The assessment demonstrated that although a tower of up 175 metres would significantly breach the obstacle limitation surface for the city centre area of 242 metres in height, it would be acceptable in aerodrome safeguarding terms, subject to compliance with construction management requirements and lighting guidance issued by the Civil Aviation Authority. Birmingham Airport consequently withdrew a previous objection lodged to the tower element of the scheme and agreed that the aerodrome safeguarding condition attached to Application Number 2004/04693/PA, as it related to the proposed tower, could be discharged. Your Committee gave authority for that discharge.

3.7 26.07.07 - Your committee considered issues reports relating to the tower and

masterplan. In relation to the tower, the key issues raised were land use policy, the tower location, the scale and design of the tower and vehicular access and car parking. Members were content with land use policy, location, scale and design and vehicular access/ parking issues. It was requested that a proactive stance be taken to sustainability and that consideration be given to the use of stored items of public art in the consideration of the public art programme for the scheme.

3.8 04.10.07 - 2007/03635/PA – Approval - Reserved matters for the erection of a new tower to include flats, restaurants and bars together with landscaping, car parking and means of access on land between Suffolk Street Queensway and Holliday Street. The tower would be 50 levels (147m high) and contain 706 apartments.

3.9 04.10.07 - Approval for an updated Masterplan for the Arena Central Site, this was

submitted in accordance with condition 3 attached to Application No. 1997/04238/PA (as amended by Application No. 2004/04693/PA) and included the reduction in the scale of the proposed tower and adjustments to its footprint together with increases of the scale of some buildings in later phases.

3.10 10.12.08 - Amended Planning Obligation completed to allow amendment to the

contributions to public transport services in the City Core (including the Birmingham Gateway scheme) to £1.5 million, £2 million and £1.5 million which would be triggered by the development of floorspace thresholds of 100,000sq.ft, 200,000sq.ft and 300,000sq.ft other than development on the former TSB site and the NCP site

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3.11 24.02.10 – Approval – 2009/03622/PA - Extension of time in relation to application

2004/04693/PA for submission of reserved matters until 24/02/2015 under section 73 of the Town and Country Planning Act 1990.

3.12 12.04.11 – 2010/06462/PA – Approval - Application under section 73 of the Town

and Country Planning Act 1990 for the variation of conditions 10 & 14 attached to planning application 2009/03622/PA to include re-phasing of Section 106 payments and Section 278 highway works.

3.13 18.04.13 – 2013/00363/PA – Approval - Reserved Matters Application (access,

appearance, landscaping, layout & scale) for erection of 250 bed hotel (Use Class C1) with associated guest amenities, and retail unit (Use Class A1/A3)

4. Consultation/PP Responses 4.1. Transportation Development – No objection. Notes that the commuted sum payment

for Bridge Street will bring forward beneficial highway improvements. Also note that the scope of works would remain unchanged in the event of Paradise Circus not progressing.

4.2. Centro – Welcome the amendment to the S278 agreement and are satisfied that it would not cause any issues in relation to the delivery of the Centenary Square Metro Extension.

4.3. Site and Press Notices displayed. Ward Members and Residents’ Associations

consulted. No response received. 5. Policy Context 5.1. Birmingham Unitary Development Plan 2005; the draft Birmingham Development

Plan and the National Planning Policy Framework 2012. 6. Planning Considerations 6.1. The key material consideration is the highway impact of the proposals.

BACKGROUND

6.2. The Paradise Circus redevelopment would result in a significantly changed highway environment within the vicinity of the Arena Central site which was not anticipated when the original consent was granted. The existing gyratory arrangement would be severed and two-way traffic would flow along the western arm of the existing road. Significant changes are proposed to the junctions with Summer Row and Broad Street to enable the continued effective operation of the highway and maintain access into the development.

6.3. The Paradise Circus development would deliver a commercial led mixed use redevelopment of up to 170,012 square metres gross internal floorspace, comprising offices, retail and leisure units, concert hall, energy centre, a hotel of up to 250 bedrooms, car parking and improvements to the surrounding public realm.

6.4. Consented changes at Paradise Circus allow for the extension of the Midland Metro

(tram) system from New Street Station (currently under construction, completion 2015) to Centenary Square via Victoria Square. There are two routes for the Metro

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system; with the 2005 largely off-highway route which crosses the Queensway via a separate bridge and impinges on Alpha Plaza currently consented. However, the currently preferred Metro route is for a wholly on-highway routing and an application for an amended Transport and Works Order has been submitted to the Department for Transport by Centro. This further extension is anticipated to be operational by 2018. ASSESSMENT OF IMPACT

6.5. The works outlined above in paragraph 1.16 have been superseded by the Paradise Circus consent, and their retention would negatively affect the free-flow of the re-arranged highway network.

6.6. As part of the Paradise Circus consent Fletcher’s Walk would be demolished and a new open-air (at-grade) route provided along the south of the site. The existing Easy Row subway would be improved, with these works secured by a Section 106 agreement.

6.7. Given the availability of this improved access, the applicant considers that a new

footbridge would no longer be required as the Paradise Circus scheme will deliver a much improved environment on this east/west connection. The access via the Easy Row subway would also be accessible to all.

6.8. In addition, the consented bridge and crossings across the Queensway would require all signals at the junction of Paradise Street and Suffolk Street to be red in order for pedestrians to safely cross. Whilst this is possible, and the consented Paradise Circus scheme allows for this, improved vehicle flows could be achieved without the crossings in place.

6.9. Finally, the cost savings associated with the removal of the bridge and crossings

would improve the financial viability of the scheme and the likelihood of development being brought forward.

6.10. Transportation Development raises no objections and recognises the benefits of

delivering the Bridge Street works at an earlier point.

6.11. I conclude that the removal of these works from the S278 in the event of the Paradise Circus highway works taking place is acceptable. The bringing forward of the Bridge Street/Holliday Street sum would be advantageous for the free flow of the adjacent highway network, particularly when access to Broad Street is restricted due to the implementation of the Metro and Paradise schemes.

6.12. In the event of the contract for the Paradise Circus highway works not being let, the

existing requirements for off-site highway works would remain unchanged. PLOTS F & G

6.13. It is proposed to exempt Plots F & G from the S278 triggers in order to avoid

abortive works (in the light of the Paradise Circus redevelopment). Both plots benefit from detailed planning consent and the applicant considers that the requirement to submit a detailed package of measures for footways, lighting and signage could compromise this plot’s delivery programme. I note that the area around the new V building would be included within the Plot and therefore the immediate public realm would be addressed through the reserved matters consent. None of the measures

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are critical to the delivery of Plot F. Therefore the wider package of measures could be addressed later at the appropriate trigger point

6.14. In conclusion, I therefore raise no objection to the exclusion of Plots F & G from the trigger for the package of highway measures to be provided.

7. Conclusion 7.1. The proposed amendments to the S278 agreement would ensure that the

development is integrated with the Paradise Circus redevelopment scheme and avoid abortive works. Changes to the Bridge Street / Holliday Street junction would be brought forward to ensure that the highway continues to operate efficiently, including throughout the implementation of the Metro works on Broad Street.

7.2. I therefore recommend that this application is supported subject to the completion of a Deed of Variation requiring the same contributions as previously agreed and a Unilateral Undertaking securing the early payment of the £50,000 highway sum.

8. Recommendation 8.1 That consideration of 2014/02475/PA be deferred pending the completion of a Deed

of Variation to the Planning Obligation secured under Section 106 of the Town and Country Planning Act attached to application number 2010/06462/PA together with a separate Unilateral Undertaking secured under Section 106 to deliver the following:

a) The payment of a phased contribution of £5,000,000 (index linked from

implementation) towards the cost of the design and/or provision of public transport services to the Birmingham city centre core (including the Birmingham Gateway scheme).

b) Provision of a CCTV system to cover the principal pedestrian routes into and

through the site. c) Provision of a mobility service including the provision of wheelchairs and motor

scooters. d) Archaeological interpretation plaques up to a value of £5,000. e) Provision of publicly accessible toilets. f) Commissioning of an artist to assist the design team in developing the design of the

external public circulation areas and the requirement for new public art within the development (of a minimum value of £100,000).

g) Payment of a commuted sum of £50,000 within 7 weeks of the grant of planning

permission for the remodelling of the junction of Bridge Street with Holliday Street. h) Payment of a monitoring and administration fee associated with the legal agreement

subject to a maximum contribution of £1,500 which is due at the point of completion of the agreement.

8.2 In the event that the Deed of Variation to the Section 106 obligation and the

Unilateral Undertaking are not completed on or before 7th July 2014 planning permission shall be refused for the following reasons:

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In the absence of a phased contribution towards transport infrastructure, provision of CCTV, a mobility service, public toilets, archaeological interpretation plaques, provision of public art and commissioning of an artist for the design of the public realm in the vicinity of the site, the proposed development would be in conflict with Policies 2.25, 3.8-3.11, 3.14-3.16, 3.32, 6.20A and 8.50-8.54 of the Birmingham Unitary Development Plan 2005; ‘Places for All’ SPG (2001) and the National Planning Policy Framework 2012.

8.3 That the Director of Legal and Democratic Services be authorised to prepare, seal

and complete the appropriate planning obligation(s). 8.4 That in the event of the Deed of Variation to the Section 106 legal agreement and

the Unilateral Undertaking being completed to the satisfaction of the Local Planning Authority on or before 7th July 2014, favourable consideration would be given to the application, subject to the conditions listed below;

1 Requires the submission of reserved matters by 15/02/15 and establishes parameters

for their submission

2 Requires the commencement of the development within a defined period

3 Requires an updated master plan to be maintained

4 Requires the prior submission of a phasing plan

5 Limits the maximum height of the tower to 175 metres

6 Requires the prior submission of drainage details

7 Requires the submission of disability access details

8 Requires the submission of secure cycle storage details

9 Prevents the construction of buildings within the area reserved for the Metro development

10 Sets maximum floor areas for each permitted use across the development

11 Limits the maximum gross floorspace of the entire development to 213,677 sq.m.

12 Requires the prior approval of any hotel in excess of 450 bedrooms

13 Requires the submission of a scheme for the mitigation for any loss in television or telecommunication signals caused by the development

14 Requires the prior completion of a suitable highways agreement

15 Requires the submission of vehicular access points and construction traffic routing details

16 Requires the prior submission of measures to protect 301 Broad Street and Alpha Tower during demolition and construction

17 Requires the developer to maintain access for the LPA's archaeologist

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18 Prevents the occupation of leisure/entertainment uses until the construction of 100

residential units

19 Requires the implementation of hard and soft landscaping works prior to the occupation of the relevant phase

20 Requires all trees not directly affected by the proposals to be retained

21 Requires the replacement of any defective trees or shrubs

22 Requires phased delivery of refuse facilities

23 Requires the provision of suitable extraction facilities for A3 uses

24 Requires the submission of a scheme of noise insulation scheme for plant and machinery

25 Requires the principal public routes through the development to be maintained as publically accessible

26 Prevents parking, circulation and servicing areas being used for any other purposes

27 Limits the maximum number of parking spaces to 2500 across the development and requires the prior submission of parking details

28 Requires the prior submission of a scheme of monitoring public car park spaces and proposals for reducing the number of parking spaces if monitoring demonstrates that the level provided is no longer required

29 Prevents any A3 uses on key frontages operating solely as public drinking areas

30 Prevents the on-site disposal of waste by burning

31 Removes permitted development rights in relation to roof-top structures

32 Defines the Central Public Square as a frontage where any alterations or advertisements require appropriate consents.

33 Requires the submission of a scheme with the aim of decreasing the reliance on the private car

34 Requires the approval of an Aerodrome Safeguarding Impact Assessment for any structure in excess of 242 metres.

Case Officer: Nicholas Jackson

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Photo(s)

Figure 1. View of Frontage

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Location Plan

This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No.100021326, 2010