Tunbridge Wells - bailey.persona-pi.combailey.persona-pi.com/Public-Inquiries/calverley/proofs-rebuttals/op/npope-apps.pdfTunbridge Wells CIVIC COMPLEX OPTIONS Appendix 1 - Design

Tunbridge Wells CIVIC COMPLEX OPTIONS Appendix 1 - Design options reportOctober 2015

Bilfinger GVAAllies and Morrison

Tunbridge Wells 1897

ConTenTs

Jerry FreemanDirector

Bilfinger GVA

65 Gresham StreetLondon EC2V 7NQ

020 7911 2608 [email protected]

Steve Walker Director

Allies and Morrison

85 Southwark StreetLondon SE1 0HX

020 7921 [email protected]

inTroduCTion 4

DELIVERING DEVELOPMENT 6

eXisTing buildings 8

INITIAL OPTIONS 10

SHORTLISTED OPTIONS 12

ENABLING DEVELOPMENT 18

SCHEME DEVELOPMENT 20

CREATING A NEW CIVIC BUILDING 26

A NEW THEATRE 30

DELIVERy OPTIONS 34

inTroduCTion

Our brief

The core objective of the project is to facilitate the replacement of the Assembly Hall Theatre. This is recognised as a cherished asset but is acknowledged to have significant limitations in the nature and scale of the events and shows which it can host.

Whilst considering the options available to the Council for this project, the team has also considered a number of wider and inter-related opportunities. This includes considering the potential relocation of the existing Council offices into modern premises and the potential re-use of the existing Town Hall in this event. The team has also looked more widely to consider whether a more significant town centre regeneration opportunity could be delivered through the inclusion of adjoining sites.

This report sets out the process which has been undertaken of considering the site and its constraints, the commercial opportunities and the range of potential options. The team has then reviewed the options to provide a shortlist of the strongest potential opportunities for further consideration.

The identified preferred options for the new Council office and the new Theatre have been developed as concepts in the final section of the document.

The study area

The primary focus of the study area has been

defined as the Town Hall, Assembly Hall

Theatre and police station, noting that the

Library is the subject of a separate study to

deliver a Culture and Learning Hub project.

Wider consideration has covered the remainder of the urban block within which the civic complex is located. The Mount Pleasant Avenue car park and the Great Hall car park have also been identified as potential opportunities for development to be considered within the project.

GVA and Allies and Morrison have been commissioned by Tunbridge Wells Borough Council to prepare an options study for Tunbridge Wells Civic Complex to facilitate the provision of a new theatre. This report presents a summary of the urban design issues and the options development.

Bilfinger GVA | Allies and Morrison September 2015 TUNBRIDGE WELLS CIVIC CAMPUS OPTIONS STUDY DESIGN OPTIONS REPORT 76

Core study area, comprising the Town Hall, Assembly Hall Theatre and the Police Station and magistrates court

Mount Pleasant Avenue car park

Great Hall car park

Study area

DELIVERING DEVELOPMENT

The following issues have been identified by the project team and have informed the preparation of the options. More detailed information is provided in the main body of the report.

Delivering a new theatre

The Council previously commissioned a study

by Stephen Browning Associates (SBA Study)

to look at potential options for re-configuration of

the existing theatre. This identified that whilst

it might be possible to improve the theatre, it

would still not deliver an ideal venue and that

there would be considerable interruption to the

programme of performances during the works.

The approach for this study has considered the

following:

• Delivery of a flexible theatre/performance space with a minimum of 1,250 seats;

• Continuous operation of the theatre (the team has also highlighted the potential to explore the provision of appropriate interim options);

• The potential relationship between the theatre and the Cultural and Learning Hub project; and

• The potential for the theatre to act as a major driver in the cultural life of the town and to act as an anchor for commercial leisure uses which might help to fund the development.

Other potential uses

The team has considered a range of other land

uses which may play a role in the project, either

as complementary uses to elements such as the

theatre, or as enabling commercial development

which provide a financial benefit. Uses which

have been considered include:

• Residential development - this is a strong sector in Tunbridge Wells, with good demand for town centre homes and high quality development;

• Office market - whilst there is evidence of demand in the town centre, current values make office use a less attractive development opportunity at present;

• Retail - Tunbridge Wells is a strong retail location. However, this site is set back from the core retail area and the existing listed buildings are not optimal for retail use;

• Leisure - the team has considered a range of leisure uses. A cinema/casino would be a strong anchor use which would complement the other cultural activities. Other uses such as restaurants and bars have been considered;

• Hotel uses - the existing hotel offer in Tunbridge Wells is reasonably strong. It is considered unlikely that conversion of the town hall building would be able to attract a significant operator to make the project deliverable.

Other considerations

The project presents the opportunity to reconsider the future office and operation requirements of the Council. The existing offices are of an age and design which means that they are not best suited to modern working requirements, are relatively energy inefficient and are likely to be increasingly expensive to maintain. The configuration of the building also makes it difficult to access, with the original entrance now largely redundant due to accessibility requirements.

By contrast, a modern building could significantly cut running costs and provide a modern and flexible working environment.

The wider study area has also allowed for an exploration of the potential to deliver enabling development. This is either possible through relocating the Council's offices and theatre and using the existing site for other uses, or through undertaking commercial development on other sites which can cross-subsidise development.

The project team has also been aware of the potential impact that development on car park sites may have on council revenue. This has been a consideration in our evaluation of the options.

Wider regeneration potential

The team has considered the potential for the project to re-provide the theatre and consider options for the Council's future office provision. Other opportunities have also been explored to consider whether wider change could be achieved which would have a beneficial effect on the town centre.

Some elements of the study area, such as Monson House and the main decked car parks are considered to have a detrimental impact on the quality of this part of Tunbridge Wells.

Although extending the developable area of the site can enable further development to take place, this does not necessarily increase the viability of a development. The costs of acquiring third party land need to be taken into account, and assessed against the potential extra revenue that further development could generate.

The team has specifically looked at the costs of acquiring the police station and magistrates court, Monson House and 33-37 Monson Road. Details of this work are set out in more detail in the main body of the interim report.


eXisTing buildings

The project team has explored the history and evolution of the site to inform a detailed understanding of the value of the existing buildings and the potential for future change.

The existing buildings

Much work has been undertaken in recent years to consider the value of the existing buildings in terms of their heritage and significance. This work has been reviewed and meetings undertaken with planning and conservation officers from Tunbridge Wells and with Historic England to review emerging options and develop a strategic approach to the future of the buildings.

Much of the significance of the civic complex of buildings lies in the cohesive composition of their group, and particularly the elevations presented to Mount Pleasant Road and Crescent Road. It is possible to retain this cohesive appearance by retaining the external range of buildings whilst undertaking significant changes within the core of the block.

The most significant elements of the town hall and theatre buildings are the set-piece areas and particularly the entrances and stairs. It will be important that these are incorporated into any scheme design.

The Council chamber is a significant part of the building, but its design is not of the highest quality. Therefore it has been acknowledged that the loss of this may be acceptable in order to deliver options for the continued viable use of the buildings to ensure that they are protected in the long term.

It is likely that an additional storey of development could be achieved above the existing buildings, set back from the parapet. The important consideration for any design will be to maintain a sense of the overall composition and massing of the buildings as a group.

9 and 10 Calverley Terrace are noted as being significant listed buildings, given their age and the fact that they were designed by Decimus Burton. They are also the only remaining fragment of the original form of development and so are important in explaining the history and evolution of this part of Tunbridge Wells. Initial advice from Historic England indicates that their removal would be challenged unless there was an over-whelming public benefit which could not be achieved through any other means. Opportunities to improve the forecourt through the removal of parking would be beneficial and the buildings could be successfully refurbished for office or commercial use.

The Adult Education building and the Library are the subject of their own study to deliver the Culture and Learning Hub project. This protects the main areas of historic fabric and so is consistent with the approach established for the rest of the area.

Infill development fronting Crescent Road would have the beneficial effect of helping to screen the Crescent Road car park, improving the setting of Calverley Park Terrace opposite.

The civic complex was conceived as a cohesive group of buildings. It is important that the external range of buildings in this group is retained, along with the Adult Education building and 9-10 Calverley Terrace. However, this does leave flexibility for greater adaptation and redevelopment within the centre of the block.


INITIAL OPTIONS

A large number of options were generated at the initial stage of the project in response to the wide range of opportunities for change.

Options strategy

The options consider a range of possible uses in a variety of configurations. A key factor which shapes the possible options is the arrangement of the Council office building and the approach to the location of the theatre. Options including redevelopment of the theatre in-situ or developing a new theatre on the site of the police station were explored, as well as the option for locating a new theatre on the Great Hall car park site.

The range of options presented in summary on the opposite page demonstrates the scope of the search undertaken. The options were evaluated against the following criteria to select a short-list of approaches for more detailed consideration:

The SBA study from 2013 indicates that the theatre could be accommodated on the present site but that more support space is needed.

Move the theatre off-site Move the council off-site Move both off-site

Retain and refurbish the council offices

Redevelop the existing theatre site for other uses

Redevelop the theatre in-situ and expand into the former offices

Remodel the existing offices to provide complementary uses

Remodel / redevelop the existing civic buildings for other uses

1 Theatre on the Great Hall site with minor residential infill development

2 Theatre on the Great Hall site with cinema development as replacement

3 Council office on Mount Pleasant Avenue car park with expanded theatre

5 Council office on Mount Pleasant Avenue car park with new commercial leisure

4 Theatre on police site with residential -led development of the Town Hall

6 Theatre on police site with leisure-led development of the Town Hall

7 New theatre and office with leisure-led redevelopment of the site

8 New theatre and office with street-based leisure-led redevelopment

9 New theatre and office with retail galleria development of the site

10 New theatre and office with residential development of the site

11 New theatre and office with alternative residential scheme

12 New theatre and office with hotel and spa development of the site

13 New theatre and office with hotel and conference development

OPTIONS WITH THE THEATRE AND COUNCIL OffICE RELOCATED

OPTIONS WITH THE COUNCIL OffICE RELOCATED AND THE THEATRE RETAINED ON-SITE

OPTIONS WHICH RETAIN THE OffICES AND RE-LOCATE THE THEATRE

• Continuity of theatre operation;

• Continuity of office operation;

• Integration with the Cultural & Learning Hub;

• Significant re-development of the wider Civic site;

• Cultural benefit to the town centre;

• Economic benefit to the town centre;

• Sensitive to the historic nature of the site; and

• Council Revenue / Cost.

This analysis is presented in detail in the main body of the interim report.


• New theatre built on the site of the police station, with residential (c.65 flats) and restaurant development in the former theatre and council office building

• New council office building on the Mount Pleasant Avenue car park site with residential development on the Great Hall car park

• Removal of existing buildings to the north to integrate with the core town centre

• Conversion of the existing office building with removal of the chamber to create an open courtyard

• Opening of a new north-south route lined with restaurant frontages at ground floor level

• Strong presence for a new theatre building on the police station site with improved gardens to the east in place of the car park

• Opportunity to provide a strong frontage for the new culture and learning hub

OPTION 4

SHORTLISTED OPTIONS

The following options have been identified as the strongest possibilities from the original long list, based on their evaluation against the assessment criteria.

EvaluationThis option provides continuous operation for the theatre by relocating it to the police station site. However, it is constrained in terms of key dimensions and so is unlikely to provide an ideal building. Servicing to the theatre will be improved but will remain constrained and the loss of the listed police station building is regarded as significant.

The delivery of a more integrated network of pedestrian connections is a benefit to the town centre, and has the potential work well with the Culture and Learning Hub project.

This option requires negotiations with neighbouring land owners regarding acquisition.

Shortlisted options

The following five options have been shortlisted for further detailed work:

• Option 4 - Theatre on the police site with residential-led development of the Town Hall

• Option 6 - Theatre on the police site with leisure-led development of the Town Hall

• Option 7 - New theatre and office with leisure-led redevelopment of the site

• Option 9 - New theatre and office with retail galleria development of the site

• Option 10 - New theatre and office with residential development of the site

These have been selected as they represent the best set of options against the evaluation criteria, whilst also leaving open a number of different land use options and spatial configurations.

A detailed evaluation and financial assessment of each option is included within the main report.


• New theatre built on the site of the police station, with cinema and commercial leisure development in the former theatre and council office building

• New council office building on the Mount Pleasant Avenue car park site with residential development on the Great Hall car park

• Removal of existing buildings to the north of the theatre to provide new direct links with the core town centre

• Potential for greater integration with the Culture and Learning Hub project

• New theatre developed on the Great Hall car park site and a new council office developed on the Mount Pleasant Avenue car park site

• Adaptation of the existing buildings to deliver commercial leisure space including a multi-screen cinema, restaurants and bars

• Removal of existing buildings to the north of the theatre to provide new direct links with the core town centre

• Potential for greater integration with the Culture and Learning Hub project

A key issue with redevelopment of the Town Hall for commercial or leisure uses is the lack of direct access from the street around the perimeter of the building. However, this could be addressed through the removal of the council chamber wing and the glazing of the central courtyard to create an internal atrium space. This would provide a unified access to all the commercial uses and would provide all-year-round options for outdoor restaurant tables.

OPTION 7OPTION 6

EvaluationAs with option 4, this option provides continuous operation for the theatre by relocating it to the police station site. However, it is constrained in terms of key dimensions and so is unlikely to provide an ideal building. The loss of the listed police station building is regarded as significant.

The inclusion of a significant new commercial leisure scheme capable of accommodating cinema, restaurants and bars has strong potential to work well with the theatre and with the Culture and Learning Hub project. Negotiations will be required with neighbouring land owners regarding acquisition.

EvaluationThe proposition of a theatre and council office framing an improved entrance into Calverley Grounds is attractive and has the potential to be a significant landmark project. However, this move would separate the theatre from the proposed Culture and Learning Hub.

The potential for the conversion of the existing offices and theatre for commercial leisure uses is possible, but is diminished by the relocation of the theatre.

This option requires negotiations with neighbouring land owners regarding acquisition.


OPTION 9


• Adapt/redevelop the existing buildings for housing with the removal of the chamber to create an open courtyard

• Redevelopment of the theatre plot, including introduction of basement parking if desired

• Expected capacity 75+ flats with an additional floor developed above the existing building

• 30 parking spaces within the new basement area plus potential for further space below the courtyard if desired

• Opportunity for facilities such as a shared gym/lap pool in the existing basement areas

The removal of the council chamber in the centre of the building will create a large open courtyard. This will allow the existing office building to be successfully adapted for residential use whilst maintaining the external appearance from the street.

OPTION 10


• Adapt/redevelop the existing buildings to create a Galleria-style retail development, utilising the approach to the courtyard as conceived for options 6 and 7

• Potential for a direct interface with the Cultural and Learning Hub project

EvaluationThe galleria option was inspired by the suggestion of the Civic Society, which outlined the approach in a recent publication.

This has the potential to be a suitable re-use of the fabric of the building and would complement the Cultural and Learning Hub. However, the scheme will lack active frontage onto the surrounding streets and relies on internal circulation. It is not considered possible to make this a sustainable option given that it does not include a major retail anchor to generate footfall.

EvaluationThe proposition of a theatre and council office framing an improved entrance into Calverley Grounds is attractive and has the potential to be a significant landmark project. However, this move would separate the theatre from the proposed Culture and Learning Hub.

The conversion of the existing offices to residential use, coupled with a new residential development on the rear part of the theatre site provides a deliverable way to retain and re-use the existing listed buildings.


ENABLING DEVELOPMENT

This is a major project which has substantial costs attached for the Council. As part of the work undertaken by the team options were explored to deliver enabling development which would help to offset costs and which would have wider townscape benefits

Mount Pleasant and Great Hall car parks

In the event that either of the car parks are not used to deliver core elements of the project they have the potential to deliver residential development, taking advantage of the impressive landscape setting of the park.

The proposal for the Mount Pleasant site anticipates that the building would remain within the extent of the existing car park and would step down the slop in the same manner as the historic terraces. This scheme is expected to yield approximately 33 units and could incorporate its own parking.

The Great Hall site could be expected to deliver 42 residential units above a podium of other uses which engage with the park. The existing basement car park provides the potential for parking to be provided on site, and subject to capacity an element of public parking could also be retained.

As part of the assessment of these schemes the impact on loss of parking revenue has been highlighted.

Crescent Road frontage infill

The existing Crescent Road car park has a large open area in front of it which detracts from the quality of the historic buildings in the area. There is an opportunity to infill this area and replace a short terrace of existing dilapidated units through a new residential development of approximately 24 units.

This concept slightly modifies the existing access and egress from the car park to reduce their impact and allow new elements of built frontage.

Mount Pleasant Avenue car park

Great Hall car park

Crescent Road car park

Crescent R

oad


SCHEME DEVELOPMENT

The majority of the shortlisted options include the proposal to relocate the Council offices and the theatre to new sites on the Mount Pleasant Avenue car park and the Great Hall car park respectively.

This concept has been discussed in principle with both officers from Tunbridge Wells and with Historic England, recognising the significance of the park and the potential impact which this may have.

The concept has met with broad approval, recognising that the existing access into the park is poor and that the car parks themselves do little to enhance the landscape.

The two buildings have been arranged to frame an improved entrance into the park, establishing a new civic space and an improved relationship with the landscape. The council offices feature a main public entrance at this point, with the opportunity for an elevated council chamber with views over the landscape and offices arranged to the north stepping back up the hill.

The theatre also has its main entrance onto the new space with a second active elevation onto the park, allowing for restaurants and bars to face out onto a terrace towards the landscape. It is envisaged that this will allow for enhanced use of the park, particularly for cultural and community events.


New Council building with a main entrance from the new public space and an elevated council chamber overlooking the park

Remodelled Mount Pleasant Avenue to establish a new civic space and improve the setting and approach to the park

New theatre with a principal frontage onto the new civic space and a raised terrace overlooking the park. The building can include a variety of complementary uses to maintain activity throughout the day

Artist's illustration showing the potential new approach to the Calverley Grounds, framed by the new Council office and theatre


CREATING A NEW CIVIC BUILDING

The creation of a new civic building is a significant opportunity for the Council to create an environment which will suit modern working practices and democratic processes as well as engaging with the public in an accessible manner.

Building conceptThe concept proposed for the building is to establish a new civic presence onto Mount Pleasant Avenue, facing south towards a new theatre, with the two buildings together framing the entrance into the park.

The southern part of the building provides flexible civic and public spaces whilst the rear of the site provides flexible and sub-dividable office accommodation.

Ground floorThe main entrance level of the building, fronting onto the public space. This can accommodate a double-height lobby with public areas.

first floorPrincipal public rooms for council functions/committees and meetings. Supported by the first level of office accommodation to the north

Second floorfirst main office level

Third floorUpper civic and function space on the southern wing of the building with the opportunity for a roof terrace overlooking the park and the new square. Complete office level linking right through the building

fourth floorOffice level with roof terrace

Third floorUpper office level with roof terrace


fLExIBLE OCCUPANCy

The proposed site for the Council office has a considerable change in levels as the gradient rises from Mount Pleasant Avenue. The building can exploit these levels through responding to the wider context.

Working with the terrain

A typical response to the terrain is to establish a terrace of narrow units. This allows each unit to relate directly to the natural ground level at that point and establishes a roofscape which responds to the landscape. This approach has the disadvantage of creating small isolated floor areas which do not inter-connect.

A conventional large floor-plate office building would fail to respond to the slope of the terrain. This limits access into the building and creates a roofscape which is alien to the prevailing character.

Breaking the building into a series of elements it will be possible to respond to both the slope of the ground and to the need to create large floor plates which suit modern occupancy requirements.

A further refinement of the concept would articulate the individual elements as linked villa blocks. This recalls the form and character of the area, including the Decimus Burton blocks which formerly occupied the current Civic Centre site. This approach also allows for flexible subdivision of the building.

WORkING WITH THE TERRAIN

The Mount Pleasant site has the potential to deliver more floor space than might be required by the Council. A flexible approach will also help to make the building resilient to change over time

Building for flexible occupancy

The concept for the new building is to work with the sloping terrain, establishing a series of modules stepping up the slope. Whilst the Council could choose to occupy the whole building, any space it doesn't wish to use for Council functions could be subdivided and let as independent office space. Separate access can be created into the different parts of the building from Mount Pleasant Avenue, allowing it to be let either as a stand-along office suitable for a significant employer, or as a series of smaller units suitable for start-up companies.

Parking

The sloping terrain has the potential to allow easy access for underground servicing and a handful of parking spaces without a need for long ramps. It is expected that this would be provided to service the building rather than providing public parking.


A NEW THEATRE

The Great Hall car park site provides the location for a proposed new theatre, replacing the Assembly Hall Theatre.

A concept for a new theatre

The new theatre will benefit from a prominent location on the edge of attractive historic parkland. Together with the proposed Council offices it frames the new approach to the park. It will also engage with the park through opportunities for cultural activities and restaurant terraces.

A number of initial options have been explored to demonstrate the deliverability of a theatre. These are based on the footprint of comparable size to the Marlowe Theatre in Canterbury, a 1,200 seat venue which has previously been used as a case study for a new venue in Tunbridge Wells.

The options demonstrate the capability of the site to deliver a theatre in a number of potential configurations, responding on the interface with the existing Great Hall building and the orientation of the main theatre volume.

The relationship to surrounding existing buildings needs to be carefully managed. The existing residential block to the south currently benefits from views over the park and has living spaces overlooking the site. The massing of the theatre therefore needs to be appropriately handled.

The existing basement of the Great Hall car park can be retained and possibly new basement levels added, providing the opportunity for continued use as parking or to provide service spaces for the theatre.

A theatre can be delivered as a stand-alone building on the existing car park site with the main entrance on the northern side and service access from the south.

Raising the theatre space up within the building would create the opportunity for a large lobby area including bars/restaurants creating frontage onto the park. It would also allow a connecting route from the existing Great Hall site to pass through the building towards the park.

A further alternative option would be to connect the theatre building to the Great Hall building, potentially allowing a larger shared lobby.

The theatre volume could be orientated east-west, changing the relationship with the lobby space. This option could help to reduce the building height as the space below the auditorium is no longer required for activities.

A north-south oriented auditorium, raised to create lobby space and to allow a connecting route through to the park

An east-west oriented auditorium, with lobby space and connecting routes alongside the auditorium


Artist's illustration showing the potential for new civic buildings and space at the Great Hall site


DELIVERy OPTIONS

In this Section we outline the primary approaches that the Council could consider to deliver this project and advise on ways in which risk transfer could take place. We then outline our suggested preferred delivery option for the Council to explore further.

Introduction

Soft market testing has been undertaken to help inform the delivery approach. This included meetings with a range of specialist developers including those with the following specialisms:

• Principally residential developers;

• Commercial (leisure & retail) specialists;

• Parties specialising in listed and complex building conversion for residential development; and

• Contractor developers who are able to take development risk as well as construct and manage large complex construction contracts.

Specific comments from the soft market testing exercise are contained in Bilfinger GVA’s main report.

In summary, the developers who participate were generally very interested in the proposal given the strength of the town centre. However, a key delivery issue they flagged for consideration was the issue of the timing

of delivery of the different components of the scheme. The Council will want to have a commitment to a minimum land value prior to committing to let the construction contract(s) for the new offices and theatre.

Given that these two projects are likely to take 24 months to complete and that the redevelopment of the Civic Centre site itself could well be a further 18 months, there is a significant risk for a development partner to commit to a price when realisation of the sales value for the sale of the units could be over three years away.

Bilfinger GVA | Allies and Morrison September 201534

suggest that the Council promotes its own over-arching masterplan as outlined above. Once selected the development partner would then prepare a detailed masterplan to be broadly in compliance with the over-arching masterplan, and then promote its own detailed planning application.

Option 2: Grouping the Civic Centre site redevelopment with one, or both of the new public buildings under a Development AgreementUnder this scenario the Council would procure development partner to both develop out the Civic Site and also one or both of the public buildings.

The Council would still need to work up a detailed specification for its new civic office accommodation, as well as the theatre as it would be a key part of the procurement. The level of specification would need to be detailed to enable bidders to cost the proposals to allow for some significant degree of risk transfer.

This type of approach has been used before where a local authority is looking to deliver public buildings as part of a development project where they effectively form part of the financial consideration. However, historically this delivery approach has been used where the delivery of the public facilities, combined with the private accommodation, is either self-financing, or there

is a surplus as this better aligns the public / private interests in the Agreement. In the current situation, where the Council will be contributing significant capital to the cost of the project, there is a risk that the Council might have difficulty having sufficient transparency in controlling the cost of the construction works which it would ultimately be paying for. Under such an arrangement it would be usual for the partner under the Development Agreement to charge at least a development management fee as a percentage of construction costs.

Option 3: A Joint Venture that could incorporate a combination of the projects as under Delivery Option 2.Under this scenario the Council would set up a formal 50/50 joint venture for delivery of the projects as a whole, or a combination of them. The reason for creating a joint venture is usually to bring together two (or more) parties that have complementary skills and/or assets. It is commonly used where one party owns land and the other party brings development expertise. Both parties then share in the risk and reward of undertaking the scheme on a parri passu basis i.e. no one party takes a priority profit return as risks are full shared at the JV level.

Under this scenario the Council would need to look at a partner that could provide the necessary development expertise as well as

Delivery structure options

The three primary approaches to delivery of this project can be summarised as follows:

Option 1: Delivery of each component of the project separatelyUnder this scenario the Council would separate out delivery of:

• The redevelopment of the civic site

• Construction of its new offices and adjacent speculative office building

• Construction of the new theatre and any associated commercial space

Under this delivery option it is envisaged that the Council would work up a detailed specification for its new civic office accommodation, as well as the associated additional lettable office space and then potentially let this through a design and build style contract. Separately, it will prepare a detailed design and specification for the new theatre which inevitably is a more complex construction project given the wide range of specialist areas of advice that would be required. Delivery of the redevelopment proposal for the Civic Centre site would be through a traditional development agreement following a marketing and procurement exercise.

Given the issues associated with both Conservation areas and Listed buildings, we

having the contracting ability to drive value out of the construction contracts. For the same reasons as the previous option, the theatre might be seen as too much of a specialist design and construction project for inclusion in this type of arrangement, in which case it would be procured separately.

For the Council to gain significantly from this arrangement it would need to participate in sales risk which it might not be comfortable in doing for the private for sale housing. Equally, developers in the market would need to be comfortable with the Council looking to take such a role as many would see it as a potential negative for a scheme of this scale as this is a relatively small scheme to justify the set up costs and greater complexities of a joint venture.

The advantages and disadvantages of each of these are included in the main report.


Tunbridge Wells 1975

Bilfinger GVA

65 Gresham Street London EC2V 7NQtelephone +44 (0)844 9020304facsimile +44 (0)20 7911 2560web gva.co.uk

Allies and Morrison

85 Southwark Street London SE1 0HX +44 (0)20 7921 0100 +44 (0)20 7921 0101 alliesandmorrison.com

Portfolio Holder Monthly Updates

Councillor Robert AtwoodLeader of the Council

Beyond the CouncilAs ever, I have held a great many meetings outside of the Council. I have briefly outlined a number of meetings that may be of interest below:

Kent ForumThe Kent Forum was set up as part of Kent’s ‘Control Shift’ agenda which is

looking to bring more responsibility for services under the remit of elected politicians. The Forum comprises elected council leaders (including KCC), Fire and Ambulance and will eventually include the Police and Crime Commissioner.

The budget cuts are clearly being felt now and infrastructure is seen as a key issue across Kent and there are serious concerns that a lack of investment will jeopardise future growth and house-building (particular in growth areas such as Ashford). Whilst you will all be familiar with the issues associated with the A21 in West Kent, other authorities have been raising concerns about Junction 10A at Ashford and a third Thames Crossing.

The other thing that was discussed was welfare reform. This is going to have a significant impact on many people. One issue in particular that concerns me is Council Tax benefit which is being passed to local authorities with a reduction in the budget of 10 per cent. The problem is that more than 90 per cent of people are protected which means that the remaining 10 per cent are going to lose everything or we are going to have to subsidise the shortfall. The details of the proposal are still being discussed but this is going to be very significant…

Locality BoardWe have also finally had the first meeting of the Tunbridge Wells Locality Board. This is a Kent-wide initiative aimed at bringing together borough and county councillors to determine joint priorities for a given area and then to work together to deliver them. The initial meeting was very successful and I hope that we can work together with county colleagues to raise the profile of some of the key issues facing us.

LEP MeetingI think I have previously explained that LEPs (Local Economic Partnerships) are being introduced to replace the old regional development agencies and regional assemblies. We are in a ‘super LEP’ with Kent, Essex and East Sussex. I have been working to put together a small sub-group of West Kent and East Sussex authorities to make sure that we keep a focus on this area not just East Kent and the Thames Gateway. Amongst the key issues we will be championing are the A21, rural jobs, rural broadband and connectivity (including links to London).

Portfolio Holder Monthly UpdatesMKIPMKIP held a Board meeting a couple of weeks ago and has agreed a more streamlined approach towards putting together business cases. We are working up a programme of areas to look at over the coming years but the next service that we are going to be focusing on is ICT in an effort to save costs and improve service.

Inside the Council…CabinetCabinet met on 15 September and, amongst other things, agreed a programme of works to reduce mercury emissions at the Crematorium and received the results of the Car Parking Study and the results of a study into traffic congestion at North Farm. You can read more here: http://bit.ly/nJKHk5

BloomI attended the Tunbridge Wells in Bloom awards where a number of residents were rewarded for their horticultural efforts over the summer. You will probably have heard that Tunbridge Wells was ranked second in the ‘Large Towns’ category and won the ‘Large Park’ category in South East in Bloom. This was excellent news and a good example of community working. Very well done to all concerned.

RegenerationWe have held a positive meeting with John Laing to discuss next steps for the Regeneration Company. I will circulate a note on this in the near future. I am also finalising my proposals for an independent ‘Panel’ to help the Council shape the future of the Town through the TCAAP process. This is very important to me, and demonstrates our commitment to ensure that the issue of the Town Centre is looked at in an holistic manner and takes into account the views of experts and special interest groups as well as those of the public at large. Initially the Panel will be feeding its views into the Town Centre Area Action Plan, and in the longer term I hope it will continue to monitor and refresh our ideas for the continuing development and improvement of our Town

Other projectsI am sure that other portfolio holders have provided updates on progress with the Cinema Site and Morrisons. These sites, together with the cabinet reports mentioned above on the crematorium and North Farm are just a number of the many projects set out in the ‘Community’ quadrant of the Strategic Compass. You can find out about them by clicking here: http://bit.ly/nZuB5d or by clicking on the Strategic Compass icon on the front page of the intranet. You will be pleased to see that we are making excellent progress across the board.

Portfolio Holder Monthly UpdatesSupport for Councillors and Member DevelopmentThank you to those of you who completed the questionnaire that looked at the support we offer to councillors. We had an impressive 71 per cent response. We are looking at the conclusions of the questionnaire and I intend to take an active role in championing support to members. Hopefully you will have seen one of the first initiatives we have put in place in the form of ‘walking the floor’. I would encourage all councillors who have the time to take the opportunity to shadow a member of staff to help us get a better insight into how some of the Council’s services actually work on the ground.

That’s about it from me for this month – more news next month!


Councillor David JukesPortfolio Holder for Property & Major Projects

Cinema SiteIt now appears to be common knowledge that the Cinema Site has been sold by Savills to a developer called Bellhouse/Joseph. They have informed us that they are funded by the international institution Carlyle Group.

Although we have met Mr Bellhouse on a couple of occasions, it would appear that his plans for the Cinema Site are not yet defined. We have agreed to meet him again shortly to gain an update.

As this is the third or fourth developer to take over the project in the last eleven years, the Council is still minded to continue with the process of a compulsory purchase with a view to one day having this site for community use.

SustainabilityFollowing the Council’s intention to reduce its carbon footprint, we have recently invited tenders to install photo voltaic(PV) panels on the roofs of some of our major buildings, including the North Farm Depot and the Town Hall site.

As we are locked into a Government nationwide procurement framework we have to use contractors that have been approved by the Yorkshire Purchasing Organisation(YPO),and therefore most of the Contractors are “Up North”, it is unfortunate that no local contractors were invited to quote for this major project. Tenders were received on the 30th September and an adjudication on the successful tender will be made by the end of October.

Regeneration CompanyDiscussions are continuing with John Laing, our joint venture partner in the Regeneration Company and it is hoped that positive progress can be made on some identified sites within the coming months.


Councillor Paul Barrington-KingPortfolio Holder for Sustainability

Community Safety During August, crime in Tunbridge Wells has continued to fall with 711 fewer crimes during the most recent twelve month period (1st Sept 2010 – 31st August 2011) than in the previous twelve months – a 12% reduction. We are currently seeing huge reductions in many crime types including domestic burglary (down 29%), violence (down 12%) and criminal damage

(down 11%). This is in part due to the great partnership work that goes on in the borough, including:

• Over the last few months, the borough has been hit by a spate of ‘tagging’. Graffiti has been seen in the town centre, and in a number of rural areas. The CSU has purchased graffiti removal kits for use by local PCSOs and KCC Community Wardens to remove the graffiti quickly, which has gone down well with local residents.

• In August, the CSU helped Trading Standards to carry out test purchasing to check that local shops were adhering to the Challenge 25 policy. In the weeks before the test purchases, 14 shops in Southborough and Sherwood were visited to remind them that they should be requesting ID from anyone purchasing alcohol or tobacco if they appear under 25, and advise them of the forthcoming tests. When a 19-year-old volunteer asked for cigarettes, he was asked for proof of age in all fourteen premises and when he didn’t provide any, he was refused the sale.

• In September, Police officers conducted a Restorative Justice (RJ) Speeding Operation in Southborough at the Fire Station. Around 5000 vehicles passed over two hours and three motorists were given fixed penalty tickets for speeding, five were referred to driver awareness courses and there were seven RJ processes, which involve the motorist hearing from representatives of Kent Police, KFRS and the local community to learn the impact that their speeding can have.

CCTVDuring the first half of September 2011 the CCTV Control Room has assisted Kent Police with 12 arrests and 5 Penalty Notices including for alcohol related offences, assaults, thefts, anti social behaviour and criminal damage offences. Partnerships with Kent Police and the Safe Town and Pub Watch schemes continue to be strong and together we have achieved some excellent results including:

• B&Q in North Farm reported to CCTV via their Safe Town radio that there was a female in their store acting suspiciously. After security asked her to leave, CCTV


monitored her meeting up with a second known female. CCTV informed police, which resulted in both females being arrested, one on an outstanding warrant charge, the other for shoplifting offences as stolen goods were found.

• Police contacted CCTV, informing them of a male with a knife outside the Royal Victoria Place Shopping Centre making threats of violence. CCTV located the male, Police attended and carried out searches - nothing was found. A dispersal order was issued by police. During the night the male returned, breaching his order. CCTV alerted police and the male was arrested.

• CCTV was thanked by Avon and Somerset Police and the Criminal Justice System for their assistance in the arrest of two males who, between 2009 and 2011, posed as BT workers to steal in excess of £100,000 from WH Smiths stores. The duo raided stores across the South East, even catching the ferry across to the Isle of Wight to steal £9,000 from a branch of Smiths there. They were caught red-handed in Tunbridge Wells with the assistance of the Tunbridge Wells CCTV Control Room and were jailed for a total of 13 years.

SustainabilityWe are planning to work with Heatseekers to encourage home owners to install energy efficiency measures to cut their fuel bills and carbon dioxide emissions.

Heatseekers take thermal images of properties to show how much heat is being lost and then are able offer home owners energy saving measures at a reduced price of £99, subsidised by funding from the energy company Eon. The thermal imaging pictures give a very graphic representation of the level of heat loss that can help to persuade home owners to take action.

The thermal imaging survey process is scheduled for December and January with a follow up letter drop, and surveyors door knocking in February and March. Following the survey, installation takes between 4-6 weeks.

The scheme’s literature will carry the Council’s branding, with the scheme being marketed by Heatseekers themselves. We have GIS based information that will enable the scheme to be targeted at areas with properties that are most suitable for the energy efficiency measures in areas not covered below.

In addition to the Heatseekers scheme we are developing a project that offers subsidies on loft and cavity wall insulation for homeowners in the vicinity of Royal Tunbridge Wells, utilising developer contributions from Planning application TW/10/01033/FULJ - The Fountains Retail Park, Dowding Way, Royal Tunbridge Wells, Kent.


The developer contribution provides funding to be applied “towards the investigation, evaluation, design or implementation of renewable energy or low carbon initiatives within a three mile radius of the Site”. A 3 miles radius includes all of Tunbridge Wells (although south Forest Road is just on the edge), Rusthall (but not Langton Green), Pembury, Southborough and Bidborough

The project will utilise £50,000 to provide a subsidy of £100 per measure for full loft and cavity wall insulation in the designated areas. The project aims to deliver 500 measures, with the potential annual savings in household fuel bills of £60,000 and of borough CO2 emissions of 300 tonnes. The project will also lever in external funding of approximately £165,000 for insulation measures.

In addition the pilot project will increase the number of referrals for fully funded insulation measures at no cost to the project but to the benefit of vulnerable households at risk from fuel poverty and cold related health problems. It is estimated that this will result in a further 100 homes occupied by vulnerable households being insulated and additional fuel and carbon savings of £12,000 and 60 tonnes CO2.


Councillor John CunninghamPortfolio Holder for Health, Wellbeing & Rural Communities

Housing Estate RegenerationAll tenants from the regeneration areas have now been added to the Housing Register and prioritised accordingly. The moves for these tenants have now begun from the first phases which include Ramsyle and Kemble Close,

Sherwood.

Working Families EverywhereI am pleased to announce that we will be taking part in a national pilot project within Kent called Working Families Everywhere. This project aims to get the 100,000 troubled families across the UK that relies on benefits back into work. The pilot is due to run until March 2013 and will complement the Families in Focus Project that is already in operation in the Borough.

Public Health and Wellbeing Members’ Working Group and the LSP Health and Older People Subgroup September 2011

We reviewed the 2011 public health profile for Tunbridge Wells and discussed how although as a Borough we remain healthier than the England average, there are some areas for concern - for example, our rates of road injuries & deaths and hospital stays for self harm are high. Obesity is also increasing, posing long term health risks for our population.

Full of Life DayThis year sees the 5th anniversary of Older People’s Day, branded as:

To celebrate, we will be holding a public event at the Camden Centre, Tunbridge Wells, on Monday 10th October 10am -2pm. While much smaller scale than in previous years, the aim is to support older people in getting involved and making their voice heard. The format will be presentation stands hosted by local organisations to advertise their projects and benefits that can benefit the over fifties, with a range of 10 minute speakers.

Junior Sport Achievements AwardsEntries are now being invited for the annual Tunbridge Wells Junior Sports Achievement Awards. Closing date is Friday 21 October 2011 and downloadable nomination forms can be found on www.tunbridgewells.gov.uk/jsaa, or you can submit a nomination form online on the same page.

Welfare Reform – Local Council Tax Discount SchemeOne of the range of measures to be introduced through the Governments Welfare Reform Agenda is the localisation of what is currently Council Tax Benefit from 2013. The current scheme forms part of the range of national

Portfolio Holder Monthly Updateswelfare benefits, which the Council administers on behalf of the Government and for which the Council receives an administrative grant and full reimbursement for the benefit paid. This amounts to about £7million in benefit payments and provides support for 6,500 households.

Whilst the government are currently still consulting on the proposed changes, the intention is to give Council greater influence over how the new scheme will operate so that it can be aligned with local needs and priorities, as well as link and act as an incentive for regeneration and employment. Whilst that’s really positive, it also carries some risks for the Council it terms of the way the scheme is proposed to be funded. A 10% reduction in benefit expenditure has been proposed which the Council will need to find from within the local scheme that it designs or from other areas. That’s a reduction of £500m nationally and over £700,000 locally in the benefit that is granted to low income families. Currently the Council is reimbursed by the Government for the full amount of Council Tax benefit it pays, so if the level of benefit goes up or down that change is reflected in the claim that the Council makes. Under the proposed scheme this will change with the Council receiving a fixed grant. Whilst that could benefit the council if the number of people claiming benefit goes down, if there is increased demand the Council will carry that risk.

The Government is consulting on these proposals and the consultation process ends mid October with the Government’s response expected later this year. At that point we expect to have a much clearer view of the how the new arrangements will work and in the meantime a project team is looking at the impact of the changes and will be working through different models for a local scheme. A further update regarding the proposed changes will be available at the members briefing on the 19th October or by contacting Stephen McGinnes.


Councillor Mrs Catherine MayhewPortfolio Holder for Leisure, Tourism & Economic DevelopmentTourism is obviously a very important part of the local economy and we must ensure that we have a wide variety of reasons for people to visit our Borough and that we should be well–publicised. Having people stay the night in a hotel or B&B produces the greatest economic benefit, but the vast majority of our visitors are here for the day only – so we must cater to their needs.

When they do visit the Borough the largest part of their expenditure is on food, drink and in shops. So the longer we can get them to linger the better it is for our local economy – for example in the town I would like them to walk up through the High Street to visit the Museum, but the linkage and signage is very poor. I am trying to see how the information drums might be put to better use in this regard. In the rural area I would like to see better information on our website to help people plan a personalised ‘package’ and move around the villages – again spending money as they go in pubs, shops etc. As well as visiting National Trust and other sites such as Bedgebury.

The Internet is a major source of information for tourists now and I think our website could be improved. But without any extra resource this will take more time than I would like as the department is currently without an officer focussing on tourism. However a 2012 Olympics page for the website is being worked on. We are also commissioning mobile phone application for Tunbridge Wells which should be up and running in three months. Many people now access Internet information from mobile phones rather than from computer screens, so it is important that we inform potential tourists and visitors in the way that is most convenient for them. Meanwhile the Tourist Information Centre has been re-opened for the summer and will remain in The Pantiles for the winter season too, although the Borough Council will need to consider its long term future as the lease will expire in a few years time. Indeed the Council needs to look carefully at the whole issue of provision of tourist information moving into the future. We have a partnership with Heart of Kent which is coming to an end and discussions are being held with Visit Kent about how we provide the service in future. We are also increasing working in partnership with Maidstone Borough Council.

In the meanwhile the Economic Development team is working on producing a Destination Marketing Plan which should kick-start the debate about how we can ‘sell’ our beautiful Borough to visitors of many ages and origins.

I try to do as much research as I can by visiting places and looking at websites to see what our ‘competitors’ are doing. Any feedback from Councillors about particularly interesting events, tourism offers, websites etc would be very welcome.

The Ice Rink this Christmas is a toe in the water to see if we can have some regular attractions – reasons for people who would not otherwise come to Tunbridge Wells to visit us. If it is a success this year then I would like us to build on this to create a Christmas Fair - we have already made links with Wiesbaden to give it our own unique German flavour. If this is successful I would like to see if it can be rolled out across the wider Borough incorporating other events for the entertainment of residents and visitors alike.


Councillor Brian RansleyPortfolio Holder for Planning & Transportation

The following topics are currently being progressed within my portfolios:

PlanningSUBJECT: POLICY CHANGES TO MEET DEVELOPMENT REQUIREMENTS

REASON: LDF and Draft National Planning Policy Framework.

STATUS: Attended KCC briefing dated 30/9/11 on the KCC response to the DNPPF. Subjects relevant to TWBC included enabling of “Affordable Homes” policy, reduction in travel to work, Developer Contributions and designation of “Locally Important Green Spaces”.

SUBJECT: CHANGES TO PLANNING COMMITTEE PROCESS

REASON: Greater transparency - more applications to be determined by committee without significant additional workload.

STATUS: Paper issued by Head of Planning and Member Briefing planned for November.

SUBJECT: COMMERCIAL DEVELOPMENT WITHIN TUNBRIDGE WELLS BOROUGH

REASON: LDF and to emphasise the Borough is “Open for Business”

STATUS: On-going – discussions within LDFWP to establish a policy of encouragement for businesses to set up in suitable village locations to provide local employment and reduce the need to commute to work.

SUBJECT: NEW REVIEW OF DEVELOPER CONTRIBUTION POLICY

REASON: To create a “level playing field” so that developers know in advance what level of contributions will be expected.

STATUS: Preferred option at present and as discussed with KCC is a “rate per sq.m.” In the current financial situation funds for highway improvements, more school places and social facilities will depend on Developer Contributions (S106 agreements).

Portfolio Holder Monthly UpdatesTransportSUBJECT: BUS PROVISION AT NEW PEMBURY HOSPITAL

REASON: Review operation of services provided from 21st September.

STATUS: Discussions on-going with KCC and NHS to try to ensure most effective use of funds made available. Obtain feedback and recommend adjustments as required.

SUBJECT: NEW REVIEW OF BUS SERVICE PROVISION IN PEMBURY

REASON: Recent changes have caused passenger difficulties – as brought by local members.

STATUS: Assess needs of local people and arrange with bus operator(s) for service revision where needed and financially feasible.

SUBJECT: NORTH FARM CONGESTION RELIEF

REASON: To improve traffic flow in the area.

STATUS: Further short-term measures under consideration, including a possible additional entrance/exit to Fountains from Longfield Road.

SUBJECT: THE TUNBRIDGE WELLS TRANSPORT FORUM

REASON: Formal process required to bring transport projects to JTB.

STATUS: First meeting held 9th September. (See below)

SUBJECT: NEW PROSPECT ROAD/GROVE HILL PROPOSED WEIGHT/WIDTH RESTRICTION

REASON: Safety related – sharp corner unsuitable for large vehicles

STATUS: From new TWTF - Briefing Note supplied to KCC Member for initial attention at JTB 3rd October.

SUBJECT: REVISED TUNBRIDGE WELLS BOROUGH TRANSPORT STRATEGY

REASON: To update the current 2003 version.

STATUS: Progress being made – expected draft to Cabinet November 2011.

Portfolio Holder Monthly UpdatesSUBECT: UCKFIELD RAILWAY LINE

REASON: Committee formed of viallage and town council representatives seeking to reopen the Uckfield to Lewes line with possible new links to the Brighton line to provide an alternative route to London via Oxted (BML2).

STATUS: Meeting attended 14th September. The value to Tunbridge Wells of the Spa Valley Railway in bringing tourists to the town was emphasised. It is unlikely that any formal reconnection to the national network, (via BML2?), will be made in the near future.

SUBJECT: A26 & A264 CONGESTION AND CONSEQUENT POOR AIR QUALITY

REASON: “School Run”.

STATUS: On-going – Campaign to involve schools and parents to reduce unnecessary car journeys.

SUBJECT: 20MPH SPEED LIMITS FOR SCHOOLS

REASON: General support for a campaign started by parents in Capel.

STATUS: On-going - School road safety week in November 2011. Looking towards strict enforcement of zig-zag markings outside schools to deter parents from causing potentially dangerous obstructions.

SUBJECT: CYCLING

REASON: To reduce congestion generally and to encourage leisure use.

STATUS: “Boris Bike” idea on-going.

ParkingSUBJECT: PARKING STRATEGY

REASON: To assist with current provision and our future plans for the town.

STATUS: On-going - “Morrison’s” store likely to reopen in 2012 and impact on Torrington and Great Hall car parks being assessed.


Councillor James ScholesPortfolio Holder for Finance & Governance

Finances• The half year finance reports are expected to show a further deterioration in income

especially from the fall in the number of Penalty Charge Notices issued. This can be explained to some extent whilst new recruits are being trained and nationally the public are being more careful to park in accordance with the relevant regulations. A number of targeted initiatives will take place to keep traffic moving at know hotspots.

• Work continues on balancing next year’s budget which will require a combination of new income generation and further cost reductions.

• On 3 October 2011, the government announced to the media that they will offer Council’s that limit spending to 2.5% the money they need to freeze Council Tax for 2012/13. The details of this scheme are awaited but it is understood that as with the grant for 2011/12 this will not be fully funded but limited to four years after which the Council will need to fund the freeze.

• The freezing of Council Tax for 2012/13 will compound the problem that this Council will be unable to catch up with the Council Tax charged by other authorities. There will also be the medium term cost of funding this freeze when the government grant runs out in four years time which will cost this Council £326,000 each year indefinitely.

The Tunbridge Wells Borough Council (Calverley Square) Compulsory Purchase Order 2018 Section 226(1)(a) of the Town and Country Planning Act 1990

Section 13 of the Local Government (Miscellaneous Provisions) Act 1976

The Acquisition of Land Act 1981

November 2018

Statement of Case By Tunbridge Wells Borough Council

Under Rule 7 of the Compulsory Purchase (Inquiries Procedure) Rules 2007

PLANNING INSPECTORATE REF: APP/PCU/CPOP/M2270/3211220

Contents 1. Introduction .................................................................................................................................................................... 3

2. Background .................................................................................................................................................................... 4

3. Description and Location of the Order Land and Surroundings ........................................................................ 17

4. Description of the Scheme ........................................................................................................................................ 19

5. The enabling Powers for the Compulsory Purchasing Order ............................................................................... 27

6. The Purpose and Justification for the use of Compulsory Purchase Powers .................................................... 30

7. Planning Status of the Order Land and the extent to which the Scheme fits in with the Development Plan and the National Planning Policy Framework .............................................................................................................. 34

8. Delivery Structure and Funding................................................................................................................................. 47

9. Efforts to Acquire ......................................................................................................................................................... 50

10. The Council’s Response to Statutory Objectors ..................................................................................................... 54

11. The Council’s Response to non-statutory Objectors and to non-Objector Specific Grounds ...................... 68

12. Human Rights ............................................................................................................................................................... 75

13. Equality Act 2010 ......................................................................................................................................................... 77

14. Special Considerations ............................................................................................................................................... 79

15. Associated Consents and Approval ........................................................................................................................ 79

16. Conclusion .................................................................................................................................................................... 81

17. Other Information of Interest to Persons affected by the order ......................................................................... 83

18. Inspection of the Order and Order Documents .................................................................................................... 83

Appendix 1 - Documents to be referred to in the event of an inquiry ............................................................................. 84

Appendix 1 – Core Documents List Appendix 2 – List of Objectors

Date: November 2018 Page: 3

1. Introduction

1.1 This Statement of Case is submitted by Tunbridge Wells Borough Council (“the Council”) in its capacity as

acquiring authority under Rule 7 of the Compulsory Purchase (Inquiries Procedure) Rules 2007.

1.2 The interests subject to the Order are set out in the Order Schedule and are also shown on the Order Map

(which identifies the interests to be acquired by plot numbers). A copy of the Order and Order Schedule are

reproduced as CDA.03. A copy of the Order Map is reproduced as CDA.04.

1.3 This Statement of Case builds on the matters contained within the Council’s non-statutory Statement of

Reasons which accompanied the making of the Order and also sets out the Council’s responses to the

objections raised to confirmation of the Order. The references to documents carrying a “CD” prefix relate to

Core Documents to be presented at the Inquiry. A list of the Core Documents is set out at Appendix 1 of this

Statement of Case together with details of the place where a copy of the documents may be inspected.

1.4 The Council is a local authority to whom section 226 of the Town and Country Planning Act 1990 (“TCPA

1990”) applies. If the order is confirmed, the Council proposes to carry out development on the order land as

authorised by the planning permission which has been granted. The Council has prepared this Statement of

Case as the Local Authority which has made the Order.

1.5 The Council, as local planning authority, by a decision notice dated 15th June 2018, granted planning

permission for a proposal to develop the order land by “Full planning permission for the redevelopment of

the site to include the demolition of existing buildings (the Great Hall car park, the dental surgery in Calverley

Grounds and the toilet block in Calverley Grounds) and provision of new offices (including Council offices,

Council Chamber and commercial office space), theatre, underground car parking, and associated

landscaping, infrastructure and associated works, including temporary site compound” (“the Scheme”). The

Scheme, as described in section 4 below, will be delivered directly by the Council and an experienced

contractor. Further information on this is set out in section 8 of this Statement.

1.6 On 19 July 2018 Tunbridge Wells Borough Council (the “Council”) resolved to make the Tunbridge Wells

Borough Council (Calverley Square) Compulsory Purchase Order 2018 (the “Order”).

1.7 The Order was made 20 August 2018 pursuant to section 226(1) (a) of the Town and Country Planning Act

1990 (“the 1990 Act”), the Acquisition of Land Act 1981 and section 13 of the Local Government

(Miscellaneous Provisions) Act 1976 (“the 1976 Act”).

1.8 The Order was submitted to the Secretary of State for Housing, Communities and Local Government on 6

September 2018. There are 16 remaining objections to the Order. On 17 October 2018 the Planning

Inspectorate gave notice under Rule 3(3) of the Compulsory Purchase (Inquiries Procedure) Rules 2007 (SI

2007 No 3617) amended by the Compulsory Purchase (Inquiries Procedure) (Miscellaneous Amendments

and Electronic Communications) Rules 2018 (SI 2018 No 248) that the Secretary of State for Housing,

Communities and Local Government has decided to hold a public local inquiry into the Order (CDH.01). For

the purpose of Rule 3(3), the date of the notice is the ‘relevant date’.


1.9 The Council’s purpose in making the Order, and seeking its confirmation by the Secretary of State for Housing

Communities and Local Government, is to enable the Council to acquire compulsorily the land and the new

rights over land included in the Order (“the Order Land”) in order to facilitate the delivery of the

comprehensive development of a new theatre, civic centre for the Council, offices, car park and public

realm in the heart of Royal Tunbridge Wells Town Centre on the Order Land, (“the Scheme”) as more fully

described in section 4 of this Statement. The Council thinks that the development is likely to contribute to the

promotion of the economic, social and environmental well-being of their area, and that the proposals will

provide significant social, economic and environmental benefits to Tunbridge Wells and the surrounding

community.

1.10 The Council remains committed to acquiring relevant interests by agreement and will continue to negotiate

with those holding those interests.

2. Background

2.1 The borough of Tunbridge Wells ("the Borough") is located in the west of Kent and borders Sevenoaks,

Tonbridge and Malling, Maidstone and Ashford and Rother and Wealden in East Sussex. Royal Tunbridge

Wells is the main urban area in the Borough and is the primary retail centre as defined by the Local Plan. It is

a vibrant town with a rich architectural heritage, which draws trade from a wide catchment.

2.2 Tunbridge Wells is an attractive business location. The economy is characterised by a large number of small

or medium sized enterprises (SMEs). However, there are a number of key major employers that contribute

significantly to the economic health of the Borough. Sector strengths include: finance & insurance, scientific

& technical, wholesale & retail, human health & social work, hospitality, creative and education. In addition,

there is a small, well-skilled manufacturing sector.

2.3 The Council has prepared a Five Year Plan (2017-2022) (CDD.03) that sets out a clear vision for the Borough.

This plan supersedes the previous five year plan and it seeks ‘to encourage investment and sustainable

growth, and to enhance quality of life for all’. The Council will focus on activities that support prosperity,

wellness and inclusivity, ensuring the Borough will be a more attractive place to live, work & visit.

2.4 It sets out eight projects (page 13) that the Council will work to deliver over the next five years :

• A new Local Plan for the Borough

• Creating new sports facilities across the Borough

• The development of the Community Centres in the Borough

• Enhancing the public realm in the Borough

• A new Cultural & Learning Hub in Royal Tunbridge Wells

• A new theatre in Royal Tunbridge Wells

• A new civic development and office space in Royal Tunbridge Wells

• Provision of more off-street car parking in Royal Tunbridge Wells


2.5 In addition, the Council prepared and adopted a Tunbridge Wells Cultural Strategy (2014-2024) (CDD.07),

which sets out Tunbridge Wells Borough Council’s clear vision ‘to grow our role as the cultural centre of the

Kent & Sussex High Weald, so that by 2024 the Borough of Tunbridge Wells is nationally recognised for its

vibrant cultural provision’. The Cultural Strategy highlights that, in order to be recognised for its major cultural

scene, there is a need to review existing cultural infrastructure – including the breadth and quality of the

cultural offer.

2.6 The Cultural Strategy builds upon the draft of the (now superseded) 5 year plan 2014 -2019 (CDD.11) which

was being prepared at the time.

2.7 The Strategy notes that the existing Assembly Hall Theatre, the only large-scale venue in the Borough, and its

facilities would need to be improved in order to continue to meet the demands of audiences as well as the

technical demands of the larger touring shows (page 11).

2.8 The 2018-2021 Economic Development Strategy, adopted in April 2018 (CDD.02), identifies at page 12 four

key projects including a new 1200 seat theatre that will support growth in the visitor economy. At section 3 of

the Economic Development Strategy, the redevelopment of the civic complex and provision of a new

theatre is identified as a key town centre regeneration project to be delivered in the timescale 2017-2020.

2.9 The most recent Destination Research study (CDD.09) on The Economic Impact of Tourism in Tunbridge Wells

was undertaken in 2015. The results highlight the continued importance of the visitor economy to the

Borough and show that in 2015, 4.4 million trips were undertaken in the area with a total of £261 million spent

in the local area as result of tourism (taking into account multiplier effects). The visitor economy supports

4,909 jobs both for Borough residents and those living nearby.

2.10 The Council is committed to continuing its support for the local tourism sector which is dominated by small or

micro-businesses. In 2013, a Destination Management Plan was prepared and adopted for the Borough,

setting out priorities for the sector.

2.11 Since the preparation of this management plan, the Council has worked to implement many of the

recommendations including: the provision of new visitor signs in Royal Tunbridge Wells town centre, the

preparation of promotional leaflets for the Tunbridge Wells Circular Walk, inspirational blogs on the

visittunbridgewells website and free specialist business advice to accommodation providers (via Visit Kent).

2.12 Reflecting the priorities within the Cultural Strategy, the 5 Year Plan and the Economic Development

Strategy highlight plans for the development of a new 1,200 seat theatre as a major new cultural facility for

the Borough, that will inject £15 million per annum into the local economy, if assessed under Shellard formula

(CDE.01, p.22).

2.13 A stronger town will attract new investment and businesses, and recent projects show that private sector

businesses are also investing in Royal Tunbridge Wells Town Centre, for example, work is underway on the

redevelopment of Union House, Pantiles for a mixed commercial, residential and community development.

2.14 Royal Victoria Place received planning permission in 2016 for a £70m major redevelopment, delivering

140,000 sq. ft. of new retail and restaurants, and 30,000 sq ft new cinema. Following purchase by British Land


earlier this year, they have confirmed their commitment as a long term investor in the town and are

reviewing the Scheme to ensure the Scheme brought forward best reflects the current market.

2.15 The Premier Inn development on London Road, providing a new 110 bedroom hotel, commenced earlier in

2018.

2.16 Approval has also been granted for the £80m redevelopment of the ABC cinema site. When completed by

Altitude Real Estate it will create 165,000ft2 of shops, restaurants, cinema, medical or office space, and 108

apartments.

2.17 The development of a new Calverley Square development and additional commercial property would send

a positive message that the town is ambitious and keen to prosper. The 2017 Economic Needs Study,

prepared as part of the evidence base for the new Local Plan, identifies the need for the Council to

proactively plan for 10,000 new jobs over the time period to 2033. It also identified a strong demand for

Grade A office space in accessible locations, but a limited capacity to provide this within existing

allocations.

2.18 Within the Economic Development Strategy, the town centre is identified as a Key Employment Area, being

both accessible via public transport nodes and an area which has a critical mass of other employment uses.

The Existing Town Hall

2.19 The existing Town Hall, once home to over 400 Staff, is now used by around 245 employees, meaning the

current offices are larger than required for efficient working. The fabric of the building itself requires extensive

maintenance and repair as set out in a 2014 report commissioned by the Council and in 2017, the Council

assessed it required c£13m to improve its energy, IT and environmental performance.

2.20 The 1934 competition for the current Civic Complex required dignity “without elaborate or unnecessary

features”. Following the competition, Percy Thomas was selected as the architect, and the new civic

complex was completed in 1939. Like the vast majority of civic buildings of the inter-war period, the style of

the Tunbridge Wells Civic Complex is neo-Georgian with art-deco features.

2.21 Since the final completion of the Civic Complex in the early 1950s the buildings themselves appear to have

incurred little significant alteration, either externally or internally, the most notable change being the

“Greenhouse” section/roof extension, the setting of the main frontage has also remained recognisably the

same but the setting of the rear (eastern) side of the complex has changed very substantially. The most

significant change has been the construction of a large multi-storey car park which terminates all the views

between the Civic Complex buildings and presses tight against the rear of 9 & 10 Calverley Crescent.

2.22 The Town Hall group of buildings was listed Grade II in 1995. The listing includes both exterior and internal

elements, including the original light fittings, and staircase.

2.23 The current offices are cellular in layout, and are not easily accessible.

2.24 Due to the constraints of its listed status, and its structure, maintenance and upgrading the existing building

would still not result in a building that provides suitable and efficient offices. The Council would be left with a

Town Hall worth less than they had invested in it. Therefore the Council considers that redeveloping the


existing Town Hall for continued use by the Council does not make long term economic sense and as a

consequence will not deliver the best value for those living and working in the Borough.

2.25 Staying put would require a significant financial outlay as the Council would need to invest in the Town Hall

and Assembly Hall. The estimated cost of the investment required would amount to tens of millions of

pounds.

2.26 The history of Royal Tunbridge Wells town centre explains its dual nature, with two areas of focus: one at the

top of the town and the other around the Chalybeate Spring itself. The railway station and Calverley

Grounds are located midway between the two areas. The proposal for a new Council Office, commercial

offices and theatre at the mouth of the park will reinforce this middle ground, uniting the town and linking its

high street to Calverley Grounds. In the context of the town itself, the current Civic Complex and car park

buildings present a barrier and inhibit links between the top and bottom areas of the town centre. The

Council considers it to be desirable for these parts of the town to be more effectively linked and for the new

theatre and offices to provide that link to other parts of the town.

2.27 The Council has considered the best alternative approach for its future office requirements within Royal

Tunbridge Wells. As set out in the paragraphs above a refurbishment of the current Council offices would not

meets its needs and would be a significant cost to the public purse. It is therefore important that the Scheme

can be delivered in accordance with the council’s objectives as set out in the 5 year plan.

Office space within Tunbridge Wells

2.28 The Council recognises the challenge faced by small and medium sized companies of finding modern good

quality office space within the Borough, and the lack of grade A office space, as identified in the Economic

Development Strategy (CDD.02) p.8. The adopted Site Allocations Local Plan (CDC.05) identifies sites that

provide opportunities for new office floor space within the town centre.

2.29 The retention of existing employment space is currently managed via a broad criteria-based policy in the

Core Strategy (CDC.04) (within Core Policy 7 Employment Provision), however this has had limited success

due to the impact of Permitted Development rights.

2.30 The office to residential permitted development rights have resulted in the conversion of existing office

space such as Calverley House, Brooke House and Seymour House to residential use, which has resulted in a

loss of office space in the town centre.

2.31 As a result of concerns about the impact of conversions from office space to residential under Permitted

Development rights, a detailed Town Centre Office Study (CDD.06) was commissioned for Royal Tunbridge

Wells in February 2018. The results of the study show that the loss of offices is of significant concern to

businesses in the area. The findings of the study will inform the development of the New Local Plan – both site

allocations and development management policies – and in addition, the Council has served immediate

Article 4 Directions to remove Permitted Development rights from specified premises worthy of retention.

These directions were executed and confirmed 21 November 2018.


2.32 It should be noted that this does not prevent planning applications for change of use from employment

being submitted, but would allow a full consideration of the impact of such applications by the Council (as

Local Planning Authority).

2.33 Criteria-based protection policies will also be included in the New Local Plan, requiring that there is: robust

evidence that a site or property is no longer viable for employment; and evidence of marketing activity (for

a minimum 2 years).

2.34 The Council, as part of its economic development strategy and Site Allocation Local Plan, has therefore

considered how it can assist in providing modern flexible office accommodation.

2.35 As well as the policy approaches set out above, the Council is taking proactive steps on this issue as

opportunities arise. This includes the proposed Calverley Square development, providing office

accommodation for the Council and commercial office floor space (20,000 sq. ft.) that can be let to local

businesses in the centre of Royal Tunbridge Wells. The Council has also worked with private and public sector

partners to open new flexible workspace for creative businesses in Royal Tunbridge Wells town centre, known

as The House.

The existing theatre

2.36 The existing Assembly Hall Theatre is limited in its capacity as a modern venue, mainly due to its size and

quality of facilities. A report produced by specialist consultants Bonnar Keenlyside in 2016 (CDE.01) found

that there is not enough space to adequately accommodate large scale shows at the Assembly Hall due to

the seating capacity of the auditorium (985 seats), the restricted wing space, and the relatively small front of

house areas. The report concluded that, at its current scale, the Assembly Hall Theatre is not large enough to

be commercially viable in its own right because it cannot offer visiting companies a big enough gross ticket

sale capacity.

2.37 The existing theatre is outdated and does not provide the facilities required to attract high quality national

touring shows to the town. Tunbridge Wells faces competition from other cultural destinations, including

London’s West End, and needs to consider how to continue to attract visitors to its cultural offer.

2.38 The Bonnar Keenlyside report sets out a minimum size of 1200 seats, the requirement for an orchestra pit and

improved wing space, and improved food and beverage facilities. With a capacity of 985, the existing

theatre isn’t able to secure a large enough audience to make the visit of many high-end West End style

productions commercially viable.

2.39 Within the Bonnar Keenlyside report, they conclude that a well-appointed 1200 seat theatre would be well

placed to attract high quality shows to Tunbridge Wells. In particular, they reference the example of the

Marlowe theatre in Canterbury, which is of a similar size and design to the proposed new theatre.

2.40 The report sets out the key advantages of a 1200 seat theatre over a 1000 seat theatre and these are

summarised below:

• A 1200 seat theatre will primarily attract 1 week runs of shows whereas a 1000 seat theatre will primarily

attract 1 night events, ensuring increased usage of the theatre.


• At 1200 seats, over 70% of the entertainment will be pantomimes, musicals and drama, whereas at 1000

seats, the events will be from a wide range of arts and entertainment genres.

• At 1000 seats, the theatre will see c170,000 ticket sales per annum, which is likely to lead to a

requirement for subsidy. A successful 1200 seat theatre will manage a minimum of 250,000 seat sales per

annum and provides the opportunity for up to 400,000 ticket sales a year, which is a level where minimal

or no subsidy may be required.

2.41 The challenge faced by the Council is how best to meet the leisure and cultural needs of residents and

visitors and keep their spending within the Borough, for the benefit of residents and businesses.

2.42 A ‘do minimum’ refurbishment of the existing theatre would cost c£15m with total lifecycle costs of £43m

and would still result in a compromised facility, with limited facilities for bars, performer areas, and circulation

space, ensuring it was still incapable of hosting high profile touring productions. A more comprehensive

refurbishment was estimated as costing £25m in 2014. As set out in para 2.39 above, this refurbishment

without the increased size and improvements to facilities (including technical facilities such as the height of

the fly tower) would not provide the increased attraction for visitors required to compete with other cultural

destinations.

2.43 Refurbishing and rebuilding the theatre would require it to close for 2-3 years, depending on the extent of

the work needed, and the town would lose out on its annual £4m economic value in that period. In addition,

temporary closure would also impact the amateur and community groups which use the theatre.

2.44 As set out in the Full Council report dated 6 December 2017, (CDA.01) 60 year lifecycle costs associated with

the options of Staying Put, Refurbish or Build a new theatre show the refurbishment to be the most expensive

option.

Calverley Grounds

2.45 A Grade II Registered Park and Garden, Calverley Grounds was originally designed by Decimus Burton in

1828-39, on Calverley Estate lands owned by John Ward. Historically, the Park consisted of an avenue of

detached villas surrounded by parkland stretching down towards Mount Pleasant Road.

2.46 In the 20th century, (c.1920) the western half of the parkland was acquired by Tunbridge Wells Borough

Council, renamed Calverley Grounds and transformed into a public park.

2.47 The Ordnance Survey map from 1936 records the effects of the Borough Council’s scheme to create

Calverley Grounds. It illustrates how the introduction of tennis courts, croquet lawns and bowling greens at

the eastern end of the grounds substantially altered the Arcadian character of the historic park and must

have necessitated significant groundworks to create level areas.

2.48 In 1948, the lawns to the rear of the Great Hall were acquired by the Council and turned into a car park.

Development surrounding the park continued in the post war period.

2.49 The multi-storey car park known as Great Hall Car Park was constructed during the 1980s to intensify car park

facilities already existing to the rear of the Great Hall Arcade. Aesthetically, the building can be considered

at best neutral due to it being designed to mimic the Great Hall Arcade reconstruction. However the


building does not address the park and its design, incorporating roof top parking, has created effects which

detract from the historic significance of the adjacent Calverley Grounds.

2.50 Most notable of these, as set out in the heritage study, (CDE.02) (Built Heritage Baseline Assessment Study

2016) is the visibility of cars including reflections from vehicle windscreens which negatively impact on views

from within the Grounds

2.51 As part of its priorities for Royal Tunbridge Wells town centre, and wider improvements to public realm, the

Council considers that improvements to the entrance and setting of Calverley Grounds will enhance the

town centre and allow greater enjoyment of this space by residents and visitors.

The Council’s proposals

2.52 As set out in the Cultural Strategy, 5 Year Plan and Economic Development Plan, by 2024, the Council wants

Tunbridge Wells to be recognised for the quality of its cultural offer. The Council is also seeking to make the

most of its existing property assets in the town, including the Great Hall and Mount Pleasant car parks, for the

benefit of the town, its residents and businesses.

2.53 Since July 2015, the Council has been working with specialist advisers to assess its options in respect of the

existing Town Hall and theatre. A summary chronology of the project consultation was set out in the Full

Council Report dated 6 December 2017 at Appendix F.

Date Consultation Event

13/07/15 13 July 2015 Historic England meeting on Civic Development

28/10/15 Media Briefing on AHT Mandate

26/04/16 An evening workshop was held at Calverley House, involving around 30 local

stakeholders introducing the project

02/06/16 Historic England meeting on Civic Development

16/06/16 An evening at the AHT with a presentation and workshop to further inform the

development of the Scheme.

03/11/16 Presentation of the early theatre design to theatre stakeholders.

07/11/16 Presentation of the Scheme to the Friends of Calverley Grounds.

07/11/16 Presentation of the Scheme to Tunbridge Wells business stakeholders.

09/12/16 Presentation of the Scheme to residents of Grove Hill House.

24/01/17 Presentation of the Stage 2 design to a combined meeting of community

stakeholders, the Friends of Calverley Grounds, the Town Forum, theatre stakeholders,

and Grove Hill House residents, followed by a question and answer session.


10/05/17 Presentation to Friends of Calverley Grounds of the developed design reflecting

community input at the previous meeting, followed by questions and discussion.

10/05/17 Presentation to the Town Forum of the developed design reflecting community input

at the previous meeting, followed by questions and discussion.

10/05/17 Presentation to residents of Grove Hill House of the developed design reflecting

community input at the previous meeting, followed by questions and discussion.

23/05/17 Presentation to residents of Calverley Park of the developed design reflecting

community input at the previous meeting, followed by questions and discussion

22/07/17 Meeting with Historic England – civic update

18/07/18 Presentation of further Scheme development to theatre stakeholders in and around

Royal Tunbridge Wells, followed by questions and discussion.

20/07/17 Presentation of further Scheme development to the Town Forum, followed by a

question and answer session.

26/07/17 Presentation to local businesses, followed by a question and answer session.

09/08/17 Presentation of further Scheme development to the Friends of Calverley Grounds.

09/08/17 Presentation of further Scheme development to residents of Grove Hill House.

14/08/17 Presentation of further Scheme development to residents of Calverley Park.

15/08/17 Presentation to Pantiles Trader Association.

05/09/17 Presentation to Parish Chairmen’s Group

05/09/17 Presentation to Pantiles Traders at their AGM.

16/09/17 Calverley Grounds Playground Opening

16/09/17 Presentation to West Kent Chamber of Commerce

20/09/17 Engagement with Rusthall Village Association

25/09/17 Verbal update with the Access Group

27/09/17 Verbal update at TCHG Summit

28/09/17 Awareness event in Calverley Grounds Café

29/09/17 Presentation to Creatives within Tunbridge Wells.


02/10/17 Presentation to businesses on Mount Pleasant Road.

03/10/17 Awareness event with Ladies that Latte

03/10/17 Digital question and answer session on Facebook

05/10/17 Awareness event with Kim Medcalf Coffee morning

05/10/17 Presentation to Tunbridge Wells Labour Party members.

11/10/17 West Kent Chamber of Commerce networking engagement

13/10/17 Awareness event to Friends of Dunorlan Park

18/10/17 Presentation to Pembury Village Society.

28/10/17 Public Engagement – Vestry Hall, Cranbrook

30/10/17 Labour Group meeting

01/11/17 Local Business Briefing, followed by a question and answer session.

03/11/17 Briefing to AXA PPP at Crescent Road

04/11/17 Public Exhibition Event – Southborough Library

07/11/17 Public Exhibition Event – Paddock Wood Library

10/11/17 West Kent Chamber of Commerce Briefing

11/11/17 Public Exhibition Event – Royal Victoria Place

16/11/17 Presentation to Town Forum.

17/11/17 Meeting with Greg Clark MP

27/11/17 Presentation to Access Group, followed by a question and answer session

2.54 The Council has been and will continue to engage with residents and businesses about the Calverley Square

Development. Over the time period since 2015, it has consulted a wide range of statutory and local

stakeholders, including business, residential, community and heritage stakeholders in the area. Full details of

these consultations are set out above. The Council continues to hold briefing meetings and continues with its

programme of engagement.


2.55 The Council therefore proposes to develop a new civic development and theatre within Royal Tunbridge

Wells town centre, which will also provide additional high quality modern office space for small and medium

sized businesses within the town.

2.56 In addition, the proposals will bring forward improvements to the entrance to Calverley Grounds.

2.57 The new civic facilities, office space and theatre is proposed to be developed on the edge of Calverley

Grounds, which is owned by the Council, as are the Great Hall and Mount Pleasant car parks.

2.58 The Scheme is a unique opportunity to provide new civic facilities, offices, theatre, and car parking for the

town centre.

• It is in accordance with the adopted policies of the Development Plan as a whole and the non-statutory

Civic Development Planning Framework Supplementary Planning Document that has been prepared to

guide development on this and other town centre sites.

• It has been informed by a comprehensive programme of consultation with the local community and

other stakeholders.

• It delivers the Council's Corporate Objectives as set out in the Council's Five Year Plan (2017-2022),

including three of the 'Eight Big Projects' that will deliver the Council's 'Vision'.

• It will deliver substantive public benefits, including:

o A new theatre capable of accommodating modern touring shows that will substantially boost the

town centre's evening economy and cultural offer, and improve the overall vitality of the town

centre;

o A new civic centre which will enable the Council to operate more efficiently;

o New grade A office space that will promote economic growth and job creation;

o Improvements to the degraded western edge of Calverley Grounds;

o Enhanced public realm at the entrance to Calverley Grounds that will establish a strong sense of

place and improvements to the link between the park and town; and

o Enabling the existing Civic Complex site to be vacated, to make way for

refurbishment/redevelopment.

2.59 The movement of the Town Hall down Mount Pleasant and creation of a modern theatre, close to the

railway station, will better link the Pantiles and High Street with Royal Victoria Place and shopping precinct –

creating a new heart for the town alongside Calverley Grounds.

2.60 The new civic offices will provide modern, efficient office space from which the Council will operate. The

building will be environmentally sustainable and provide an additional 20,000 sq. ft. of offices for businesses

to rent in the town centre.

2.61 The economic impact of the new theatre is estimated at £14m per year based on the Bonnar Keenlyside

report in April 2016. It will attract visitors and create jobs by attracting and retaining business in the town, as

well as developing skills and revitalising the town centre. The Council commissioned GVA in January 2018 to


assess the economic benefits of the project as part of its planning application submission. An assessment of

the wider economic impact of the Scheme is set out at para 6.11 onwards.

2.62 The new theatre will have a positive impact on the health and well-being, educational attainment and

social cohesion of the people of the Borough through its role in bringing them together.

2.63 Further details of the benefit of the Scheme proposed are set out in section 6 of this Statement.

2.64 The existing Town Hall and Assembly Hall Theatre will continue to operate while the planning and

construction of the new theatre, office and civic development go ahead ensuring that the arts scene and

cultural offer in Royal Tunbridge Wells can continue to operate and generate income while the project is on-

going. The Council’s aim will be to transfer to the new theatre once complete with the shortest possible

transition period.

Chronology of decision making

2.65 The Council commenced work on assessing options for the future of the Town Hall and Assembly Hall Theatre

in 2014, including consideration of feasibility of a new theatre. . The table below sets out the key decisions

made by the Council as the project progressed.

Date Decision Making Body Decision

30/10/14 Cabinet Investigation of provision of new theatre

29/10/15 Cabinet Progress work on new civic office project.

3/12/15 Cabinet Agreed in principle to deliver new theatre, and vacate existing Town Hall to relocate Council’s office accommodation and civic function to new offices. Agreed to appoint consultants to undertake next stage of work.

9/12/15 Full Council Agreed in principle to deliver new theatre and vacate existing Town Hall to relocate Council’s existing office accommodation and civic function to new offices. Agreed to appoint consultants to undertake next stage of work.

22/06/16 Cabinet Council moved to RIBA Stage 2 for project. Great Hall Car Park is the preferred site for the new theatre. Calverley Grounds is the preferred site for an underground car park. That authority to move to RIBA Stage 3 is delegated to the Portfolio Holder.

20/07/16 Full Council Council moved to RIBA Stage 2 for project. Great Hall Car Park is the preferred site for the new theatre. Calverley Grounds is the preferred site for an underground car park. That authority to move to RIBA Stage 3 is delegated to the Portfolio Holder.

22/02/17 Full Council The Council move to RIBA Stage 3 (developed design) for the project.

26/07/17 Full Council Response to petition entitled ‘Save Our Park’. Council welcomes petition, notes concerns that have been raised and undertakes they will be taken into account as Scheme progresses. Proposals have evolved over 3 years, form part of the 5 year plan, and have been subject to numerous debates and votes by Full Council. Proposals affect around 2% of the park.


06/12/17 Full Council Project designed to RIBA 3 be approved for delivery. Delegate authority to Head of Economic Development & Property to progress with preparatory matters for delivery including submission of planning application. Delegate authority to Cabinet to acquire land and rights required, including by use of compulsory purchase and appropriation if required. Funding of the Scheme was approved.

21/02/18 Full Council Tunbridge Wells Civic Development Planning Framework Supplementary Planning Document adopted

2.66 As set out above, on 6 December 2017 the Full Council considered the work undertaken to date on the

Scheme. The Council resolved to proceed to submit a planning application for the Scheme.

2.67 A planning application was submitted in January 2018 and on 9 May 2018, the Council’s Planning

Committee resolved to grant planning permission for the Scheme. Planning permission was granted on 15

June 2018. Further detail of the planning permission is set out in section 7 of this Statement.

2.68 Whilst the Council owns the freehold of the majority of the Order Land, a number of third party property

interests and rights are required in order to deliver the Scheme. The Council and their advisers have

commenced discussions with all those third parties and negotiations have continued since mid-2016. Further

details are set out in section 9 of this report.

2.69 Whilst some progress has been made in reaching agreement on the land and rights required to deliver the

Scheme, the Council has not been able to reach agreement with all third party interests. Therefore, in order

to ensure delivery within the current programme, on 19 July 2018, the Council resolved to make the Order as

the next stage in delivering the Scheme.

2.70 Subject to assembling the site, the Scheme is due to commence work in 2019, with completion scheduled for

2021/2.

Alternative options

2.71 The Council has considered alternative options for the existing Town Hall and theatre as part of the

consultation and decision making process since 2014.

2.72 In 2015, the Council’s professional advisers, GVA, undertook a Design Options Report, identifying a long list of

options, and the evaluation of these to a recommended short list of options within or adjacent to the existing

civic complex. The criteria for shortlisting options included:-

• Continuity of theatre operation

• Continuity of office operation

• Integration with Cultural & Learning Hub

• Significant re-development of wider Civic site

• Cultural benefits to the town centre

• Economic benefits to the Town Centre


• Sensitivity to historic nature of the site

• Council revenue/cost

2.73 The Council shortlisted five options using these criteria, and set out the reasoning within the Design Options

Report. These shortlisted options included potential use of surrounding areas including the police station site.

Following this exercise, a preferred option was selected. Once the preferred site had been selected, the

Council followed the RIBA design process, and as part of this, confirmed the Great Hall Car Park as the

preferred site for the new theatre, and the Mount Pleasant site for the new civic office at a Full Council

meeting in July 2016 (CDA.10).

2.74 For the reasons set out in 2.18-2.24 above, the Council does not consider refurbishment of existing civic

offices will deliver the new office accommodation and civic functions required.

2.75 For the reasons set out in 2.41-2.43 above, the Council does not consider refurbishment of the existing theatre

will deliver the Council’s objectives for theatre provision in Royal Tunbridge Wells.

2.76 The Council therefore considers that there is no alternative option to the Scheme to deliver the Council’s

objectives as set out in the 5 year Plan and Economic Development Strategy, and that the Scheme is the

best option to deliver these objectives.


3. Description and Location of the Order Land and

Surroundings

Location and Description of the Order Land

3.1 The Order Land comprises 5,301 sq. m of land within Royal Tunbridge Wells town centre, excluding land

where rights such as crane oversailing and access will be acquired.

3.2 The Order Land comprises the Mount Pleasant and Great Hall car parks, the service road to the rear of the

Great Hall Arcade, some highways land and a small part of Calverley Grounds containing the dental surgery

(also known as the ‘Park Keeper’s Lodge’). It is located in the southern part of Royal Tunbridge Wells’ town

centre between Calverley Grounds (to the east) and Mount Pleasant Avenue (to the west).

3.3 The Mount Pleasant car park site is located to the east of the Order Land fronting Mount Pleasant Road

(ground floor retail with offices/residential above), to the west of Calverley Grounds, and to the south of

Phillips House (AXA offices). The car park comprises 49 surface-level parking spaces and is accessed via

Mount Pleasant Avenue.

3.4 The Great Hall car park site is located to the east of the Great Hall Arcade, to the west of Calverley Grounds

and to the north of Grove Hill House (multi-storey residential apartments). The Great Hall car park is a two

storey building with basement, providing 205 parking spaces. It is accessed via Mount Pleasant Avenue,

which runs around the north, east and south sides of the car park, from Mount Pleasant Road to Grove Hill

Road. There is also a service road on the west side of the car park which is the Great Hall service road and is

not open to the public.

3.5 The map to the Order identifies the land proposed to be compulsorily acquired (coloured pink) ("the Pink

Land") and the land on, over or under which new rights are to be compulsorily acquired (coloured blue)

("the Blue Land") ("the Order Map").

Existing Ownership

3.6 The majority of the Order Land is within the freehold ownership of the Council, but there are a small number

of third party freehold, leasehold and occupational interests within the Order Land, as well as third party

rights which will be affected.

3.7 Full details of the ownership and extent of each interest in the Order Land are contained in the schedule and

addendum ("the Schedule") to the Order and shown on the Order map

3.8 The Schedule to the Order lists all parties with a qualifying interest in the Order Land including other parties

with qualifying interest in the Order Land as defined by section 12(2) of the Acquisition of Land Act 1981

("ALA 1981") including those with the benefit of rights within the Order Land or restrictive covenants that

affect titles that make up the Order Land.


3.9 The Schedule has been based on information gathered through site inspections and enquiries, response to

notices issued in May 2018 under section 16 of the Local Government (Miscellaneous Provisions) Act 1976

and section 5A of the ALA 1981 and on inspection of Land Registry documents.

3.10 The majority of the freehold within the site is owned by the Council, and the key third party interests are

summarised below:-

Property Owner Leaseholder / Occupier

Great Hall Car Park Tunbridge Wells BC

BNP Paribas Securities Services Trust Company Ltd (managed by Hermes Asset Management) – in respect of 40 parking spaces.

BBC

European Insurance Services Ltd

Hermes Asset Management

Land at Mount Pleasant Road AXA AXA

Mount Pleasant Avenue Car Park

Tunbridge Wells BC AXA

The Lodge, Mount Pleasant Avenue

Tunbridge Wells BC (previously Dr Hossein Hesami)

Dr Simon Azimi, iSmile Dental Practice Ltd

Right of Way through Hoopers’ Car Park

Hoopers Hoopers

Access rights over Mount Pleasant Avenue

Including the Great Hall service road (ownership required).

Tunbridge Wells BC Freeholder & Tenants of Great Hall Arcade and Grove Hill House. UKPN.

Access rights over land adjacent to Grove Hill House

EHJDM Limited Grove Hill House leaseholders and tenants. The Council owns the long leasehold interest in three flats within Grove Hill House.

Demolition

3.11 Once the site has been assembled, the Council will need to demolish the following existing buildings in order

to deliver the Scheme.

• Great Hall car park – two storey brick building plus basement constructed in the early 1980s;

• Dental surgery within Calverley Grounds – single storey former park lodge dating from the 1920s; and

• Toilet block within Calverley Grounds – modern utilitarian building

3.12 In addition, it is proposed to remove various existing walls, including the (unlisted) stone wall along Mount

Pleasant Avenue.

3.13 The Lord Dowding Memorial (a non-designated heritage asset) will be preserved, albeit will be moved to an

alternative location within Calverley Grounds.


4. Description of the Scheme

4.1 As part of the Council’s wider economic development plans for Royal Tunbridge Wells town centre, the

overarching objectives of the Scheme are:-

• To provide a new theatre that is of a sufficient size and quality to accommodate touring shows that will

boost the town’s evening economy and cultural offer substantially and improve the overall vitality of the

town centre as a whole;

• To provide a new Council office building that facilitates agile, flexible, collaborative ways of working,

reduces the Council’s overheads and contributes to sustainable economic growth;

• To provide new Grade A office accommodation that will promote economic growth and job creation;

• To improve the Town Centre’s car parking provision, enabling visitors to stay in the town with less

restrictions, benefitting the economy; and

• To create an attractive civic environment that will enhance the main entrance and the western edge of

Calverley Grounds, including a new public square and a new pedestrian priority route from Mount

Pleasant Road.

4.2 As set out in para 2.57 the Council and their professional team have designed a Scheme which delivers

these objectives. Following detailed design to RIBA Stage 3, a planning application (18/00076/Full) was

submitted in January 2018. On 9 May 2018, Planning Committee resolved to grant planning permission for this

application, and on 15 June 2018, planning permission was granted for the Scheme.

4.3 This permission was granted subject to a number of conditions, including:

• Control of the demolition and construction works required to deliver the Scheme;

• Details of various issues such as noise / fumes and odours / surface water drainage plans to be approved

by the Council;

• Landscaping design and Calverley Grounds management plan to be approved by the Council;

• Delivery and servicing management plans to be approved by the Council; and

• Detailed design of areas including the theatre and its fly tower.

In addition, the Council as a landowner entered into a memorandum of understanding with the Council as

planning authority to undertake the type of planning obligations more usually secured by the use of a deed

of agreement under s.106 of the 1990 Act.

4.4 A summary of the Scheme for which planning permission has been granted is set out below

The formal description of development is as follows:

'Full planning permission for the redevelopment of the site to include the demolition of existing buildings

(the Great Hall car pork, the dental surgery in Calverley Grounds and the toilet block in Calverley

Grounds) and provision of new offices (including Council offices, Council Chamber and commercial office


space), theatre, underground car parking, and associated landscaping, infrastructure and associated

works.'

4.5 The application which resulted in the grant of planning permission was an application for full planning

permission and for the demolition of unlisted buildings in a Conservation Area (the Great Hall car park, the

dental surgery and the toilet block). The application includes the relocation of the Lord Dowding Memorial

(a non-designated heritage asset) to another part of Calverley Grounds.

Use/Amount

4.6 The proposal was for the use of the site for a theatre (use class Sui Generis), a Council office incorporating

the Council's civic function and an element of commercial office space (use class B1), and an underground

car park (use class Sui Generis). The quantum of Proposed Development for each of these uses is as follows:

• Office building (5,939sqm GEA. including 1,878sqm of commercial office floor space);

• Underground car park (9,991 sq. GEA); and

• Theatre (7,374sqm GEA - 1,200 seats).

4.7 As part of the application for the demolition of unlisted buildings in a Conservation Area, the Scheme

includes the demolition of the following buildings:

• Great Hall car park;

• Toilet block within Calverley Grounds; and

• Dental surgery within Calverley Grounds.

4.8 Although two of these buildings are located within the boundary of Calverley Grounds, a Grade II Registered

Park and Garden, there is no separate consent regime for development affecting Registered Parks and

Gardens. None of the three buildings are listed.

4.9 The Lord Dowding Memorial (a non-designated heritage asset) will be moved to an alternative location

within Calverley Grounds.

4.10 Further detail relating to the amount of new floor space proposed for the office, theatre and

underground car park, as well as additional background information as to what drives this quantum of

development, is provided below.

Office

4.11 Feasibility work undertaken by Allies and Morrison indicated that the Council's requirements (as set out in

Section 2 of this Statement) translate into a need for 1,306 sq. (GIA) of Council office floor space, as well

as a requirement for the entire 1,306 sq. to be on one large floor plate at one level only. Approximately

1,221 sq. (GIA) is required for the civic suite in addition to the Council office floor space.

4.12 The 2,528 sq. (GIA) of Grade A commercial office floor space will contribute to sustainable economic

growth and the creation of new jobs in the town centre and will also help to mitigate the potential loss of


office space through the exercise of permitted development rights (Part 3 of Schedule 2 to the Town and

Country Planning (General Permitted Development) (England) Order 2015).

A report by GVA reviewed the office market in Royal Tunbridge Wells' town centre, and the configuration of

the commercial element of the office across multiple floors is related to the marketability of the Grade A

floor space. The GVA report highlighted that creating the flexibility for larger firms to occupy the entire 2,528

sq., as well as an option to break the space into multiple smaller units for smaller firms, maximises the

marketability of the new commercial office space.

Underground car park

4.13 There will be no net loss of parking spaces as a result of the Proposed Development. The Council has

undertaken a financial modelling exercise, based on construction costs and long-term pay-back, to

ascertain that 261 spaces is the optimum size for the underground car park. However, site- specific planning

policy AL/RTW21 (Mount Pleasant Avenue car park) requires the re-provision of existing public car parking

provision on site (254 spaces). Paragraph 3.29 of the Site Allocations Local Plan requires each development

in the town centre to 're-provide at least the same amount of public parking spaces.'

4.14 The Proposed Development will result in the loss of 205 spaces at the Great Hall car park (115 of which are

short-stay public spaces) and 49 spaces at the Mount Pleasant Avenue car park. With 259 new publicly

available spaces proposed, the Scheme will result in a net gain of 5 spaces for Tunbridge Wells town centre

(although, if only the short-stay public spaces are considered, the Proposed Development will result in the

net gain of 95 short-stay public spaces).

4.15 It is intended that the proposed underground car park will be open for use between the hours of 6am and

1am.

4.16 There will be no net loss of parking spaces as a result of the Scheme. It is currently intended that the new car

park would be used primarily as a short-stay car park for use predominantly by shoppers and theatre-goers

but a small number of spaces may be made available as replacement car parking to existing tenants of

Great Hall.

Theatre

4.17 The requirement for a new theatre is largely dictated by the aspiration to provide a theatre in Royal

Tunbridge Wells town centre that is capable of accommodating modern touring shows as set out in para

2.38 above.

4.18 The proposal for a new theatre of 7,374sqm (GEA) and 1200 seats provides adequate space to host modern

touring shows (which the Assembly Hall site cannot accommodate) and a more appealing audience

experience with an auditorium designed to modern standards. With shows becoming more and more

complex, and this creating increasing demands on venues' technical and backstage facilities, the

specification for the new theatre will help to ensure that Royal Tunbridge Wells can successfully adapt to the

fast-changing market and continue to attract the touring 'product' and audiences into the future.


Layout

4.19 The layout of the Scheme has been designed to enhance the western entrance to Calverley Grounds and

provide a high quality contemporary response to the original Arcadian parkland design whilst minimising

impacts on the local environment (including existing trees, townscape and visual amenity).

4.20 Unlike the Victorian development along Mount Pleasant Road that turned its back on Calverley Grounds,

the Scheme faces the park. The new square between the proposed buildings, just off Mount Pleasant

Avenue, will help improve the relationship between the park and the town, creating a high quality public

space to draw people from Mount Pleasant Road into an attractive civic environment from which the new

buildings and the park can be accessed.

4.21 In order to minimise the impact of the Scheme on existing trees and topography, the underground car park

is proposed adjacent to the office building where it is more easily buried (requiring less earth-moving) and

has less impact on existing Grade A and Grade B trees.

4.22 The theatre, which necessarily comprises a fly tower of 25.8m in height (measured from ground level), is

proposed towards the south of the site where the topography allows the building to sit at the lowest point in

the landscape. In order to minimise the impact of the Scheme on townscape, the site's topography has

informed the layout of the Scheme.

Relationship with Calverley Grounds

4.23 In contrast to existing development along Mount Pleasant Road which turns its back on the park, the

proposed development faces Calverley Grounds and creates a new high quality public space between the

two new buildings that enhances the western entrance to the park, provides a high quality contemporary

response to the original Arcadian parkland design and improves the relationship between the park and

town by drawing people from Mount Pleasant Road into an attractive civic environment from which the new

buildings and the park can be accessed.

4.24 The proposed buildings themselves are contemporary in character but draw inspiration from the Arcadian

and picturesque tradition that shaped Decimus Burton's landscape design for the former Calverley Park. The

following design features have been incorporated into the Scheme to reflect the Arcadian and picturesque

tradition:

• The buildings' regular classical bay rhythms;

• The informal but coordinated physical relationship of the buildings to each other; and

• The portico/colonnade features that animate the public entrances and relate the buildings to each

other as well as the wider park.

4.25 The double height colonnades for the public 'front of house' elements of the theatre and office buildings are

clearly visible when looking at the Scheme from across Calverley Grounds. Tree planting, as part of the

Proposed Landscape Scheme screens the 'back of house' elements of the theatre and office, helping to

signal which parts of the building are for public use.


Theatre

4.26 The specification for the new theatre has been carefully considered by the Council’s professional team,

specifically to ensure it meets the current and future requirements. This includes the minimum requirement of

1200 seats, the improved front of house and food & beverage areas, and the improved stage wings set out

in the Bonnar Keenlyside report.

4.27 It will help to ensure that Tunbridge Wells can successfully adapt to the fast-changing market and continue

to attract the high quality touring productions and audiences into the future.

Office & Civic Development

4.28 The proposed office and civic development will be located in the northern part of the site, between the

entrance to Calverley Ground in the south and Philips House (AXA office) to the north.

The Office element of the Scheme comprises:

Component Floor space (Gross Internal Area)

Description

Council Office 1,306 sq. Open plan areas, sub-divided offices, break out and recreational space and facilities for Members, all on one level

Civic Suite 1,221 sq. Reception, private café, innovation space, council chamber (large high quality room that can also be used flexibly for functions or subdivided as necessary), two other meeting rooms

Commercial Office(s) 2,528 sq. Grade A office accommodation built to a high quality specification, capable of being occupied as one unit or subdivided into multiple smaller units, arranged over two levels.

TOTAL 5,055 sq.

4.29 When viewed from Mount Pleasant Avenue, the building comprises three floors of office accommodation

and two floors of car parking above ground level, as well as two floors of car parking below ground. When

viewed from Calverley Grounds, the office building comprises three floors of office accommodation above

ground level, as well as four floors of car parking below ground.

4.30 The main entrance to the Civic Suite and offices is located on the new public square, opposite the theatre.

4.31 Within the Calverley Square development there will be a generously sized reception / café area, where

Councillors, staff and tenants can hold informal meetings, or it can be used as a flexible space for events,

functions and exhibitions. Adjoining this behind a sliding partition, is an Innovation Space with flexible use

that can be joined with the café. The intention is that the internal activity at ground floor level will provide

animation to the square.


4.32 The new Calverley Square development will replace the existing Civic Complex. The new Grade A

commercial office accommodation will contribute to sustainable economic growth and the creation of new

jobs in the town centre.

4.33 The design, configuration and floor plates of the office accommodation have been designed to maximise

the marketability of the new commercial accommodation and the Council's use of them.

Public Realm

4.34 1,183sqm of new public realm will be created as a result of the Scheme, namely:

• a new public square which lies at the heart of the Scheme, designed as a pedestrian friendly area. This

public square will provide a focal point for the Calverley Square development, and will be a new and

positive addition to Royal Tunbridge Wells town centre;

• a landscaped terrace above the civic suite which would be accessible to the public but controlled

during some hours for security reasons; and

• a continuous grass slope down from Calverley Grounds into the new square.

4.35 The theatre would have an important relationship with Calverley Grounds, increasing the enjoyment of the

park by theatre-goers, who would view the Grounds from the building and could take a stroll before or after

the performances. Conversely, the theatre would also provide facilities for visitors to the park throughout the

day. The foyers would be open (at least in part) during the day, providing an all-day café / deli.

4.36 The key driver of the access strategy for the proposed theatre was the aim of the Council to create the

strongest pedestrian route between Calverley Grounds and Mount Pleasant Road. This was the main reason

why some of the potential alternative servicing routes were discounted during the design development

stages.

Summary of Reasons for Recommendation

4.37 Within the Officers report to Planning Committee, dated 9 May 2018, the Head of Planning Services set out

key considerations and reasons for approval, which are as follows:

• There is no objection to the principle of the Scheme as the proposed uses are appropriate uses within a

town centre, and part of the site, where the proposed office is located, is allocated for office use in the

SALP under Policy AL/RTW21 (the footprint of the office and underground car park extends beyond this

allocation).

• The development would provide additional commercial office accommodation, a new civic suite, a

new theatre designed to attract touring shows; and replacement car parking within Tunbridge Wells

town centre, the combined effect of which will be to boost the local economy, add to the cultural offer

for the benefit of the Borough’s residents and visitors to the town and improve the quality of the town

centre’s parking provision to the benefit the town centre. As such it would comply in principle with the

Development Plan and national planning policy.

• An assessment has been made of the significance of the heritage assets affected by these proposals

and the degree to which they are harmed or otherwise affected. These include the Calverley Park and


Calverley Grounds Registered Park and Garden (RPG), Royal Tunbridge Wells and Rusthall Conservation

Area (CA), various identified Listed Buildings whose settings may be affected and various identified non

designated heritage assets. It has been concluded that:

I) The Scheme would cause less than substantial harm to the character, amenities and setting of

Calverley Park and Calverley Grounds Grade II Registered Park and Garden. However, this harm is

clearly and convincingly justified, and outweighed by the public benefits of the proposals. In

addition conditions relating to landscaping and a Park Management Plan will help to mitigate the

harmful impacts of the development.

II) Whilst the proposals would not cause harm to the character and appearance of the CA as a whole

there would be a low level of harm to part of the conservation area. However, this harm is clearly

and convincingly justified and outweighed by the public benefits of the proposals. The proposals are

considered to preserve the character and appearance of the CA as a whole.

III) Whilst the proposals would cause harm to the setting of the former Calverley Hotel (Hotel du Vin)

Grade II listed building this harm is considered to be less than substantial in the terms of NPPF 2012

paragraph 134 (now paragraph 196 of the NPPF 2018), is a low level of harm and is clearly and

convincingly justified, and outweighed by the public benefits of the proposals.

IV) The Great Hall car park and toilet block that are proposed to be demolished are not considered to

make a positive contribution to the significance of the Conservation Area and whilst the demolition

of the Lodge building would result in the loss of a building that makes a positive contribution to the

Conservation Area, the harm resulting from this loss, which is considered to be less than substantial, is

outweighed by the economic regeneration benefits of the proposals in accordance with Local Plan

Policy EN4.

V) there would be no harm to non-designated heritage assets

• The scale, layout and design of the development would respect the context of the site and would

preserve the visual amenities of the locality.

• Sustainable design, energy efficiency and renewable energy measures have been satisfactorily

incorporated within the proposals.

• Subject to the Council offering to provide acoustic glazing and mechanical ventilation to the identified

adversely affected neighbouring dwellings, secured by a Memorandum of Understanding, as well as

other mitigation measures through planning conditions the development would not cause significant

harm to the amenities of nearby dwellings and other properties by reason of noise and disturbance.

• The development would not cause significant harm to the neighbouring dwellings by way of loss of

daylight, overshadowing, having an over-bearing impact or loss of privacy.

• The traffic movements generated by the development can be accommodated without detriment to

highway safety.

• The development is well served by sustainable transport modes and suitable measures have been

proposed to meet the needs of pedestrians and cyclists.


• Adequate on-site provision is made for the parking of vehicles, with sufficient numbers of parking spaces

being made available to replace those not utilised as a result of the development

4.38 Public realm improvements and other public benefits and mitigation measures will be secured by means of

planning conditions.

• 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.

Impact on Calverley Grounds

4.39 The Planning Committee Report 9 May 2018 stated at 10.152-10.155:

• The applicant’s Design and Access Statement (p.62) illustrates the extent to which the proposals

encroach into Calverley Grounds and also where they expand the current area of the Grounds.

• The footprint of the theatre lies adjacent to but does not encroach into the Grounds.

• The office element of the office / Civic suite building encroaches eastwards into the Grounds by

approximately 9m and the Civic suite encroaches approximately 21m.

• A total of 1,007sqm of parkland is affected by the proposed office and the emergency escape for the

car park.

• The greatest incursion into Calverley Grounds is made by the underground car park, which extends

eastwards by approximately 56m and affects a further 1,454sqm of parkland. However, this area will be

re-landscaped and returned to open parkland use.

• If the area of the underground car park is excluded, the amount of land within Calverley Grounds that is

affected by the consented scheme is approximately 1,007sqm, which represents 2.18% of Calverley

Grounds.’

4.40 Accessible public toilets would also be provided to replace the existing facilities in Calverley Grounds. In the

evening the food offer would change to a café / bar. There would be direct, level, access from Calverley

Grounds into the main theatre café / bar and main foyer, which would also have sheltered seating within

the open colonnade. In addition to the main ground floor bar there would be two smaller bars at the upper

levels.

4.41 Details of relevant planning policies are set out at section 7 of this Statement.


5. The enabling Powers for the Compulsory Purchasing

Order

Section 226 (1) (a) of the Town and Country Planning Act 1990

5.1 Section 226 of the Town and Country Planning Act 1990 (“the 1990 Act”) empowers local authorities to

compulsorily acquire land for development and other planning purposes.

5.2 Section 226(1)(a) of the 1990 Act gives a local authority power to acquire compulsorily any land within its

area if it thinks that the acquisition will facilitate the carrying out of development, re-development or

improvement on or in relation to the land.

5.3 Section 226(1)(a) is subject to subsection (1A) which provides that the local authority must not exercise the

power unless it thinks that the proposed development, re-development or improvement is likely to contribute

to any one or more of the following objectives;

(a) The promotion or improvement of the economic well-being of their area;

(b) The promotion or improvement of the social well-being of their area;

(c) The promotion or improvement of the environmental well-being of their areas.

5.4 This Order was made under section 226(1) (a) of the 1990 Act.

Section 13 Local Government (Miscellaneous Provisions) Act 1976

5.5 Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 (“the 1976 Act”) empowers local

authorities to purchase new rights over land, where the acquisition of the land itself is not required and

where such rights are not in existence when the compulsory purchase order is made.

5.6 This Order seeks new rights for access, utility installation and crane oversailing in order to deliver the Scheme.

5.7 Section 6 below explains why the exercise of these powers is appropriate to deliver the Scheme.

Government Guidance

5.8 Central government guidance on the use of compulsory purchase powers is provided in the February 2018

Ministry of Housing Communities and Local Government document entitled ‘Guidance on Compulsory

purchase process and The Crichel Down Rules’ ‘the 2018 Guidance’ [CDA.08] and makes clear that a

compulsory purchase order should only be made where there is a compelling case in the public interest.

5.9 The Council has taken full account of this overarching consideration in making the Order. The 2018

Guidance makes clear that compulsory purchase is intended as a last resort in the event that efforts to

acquire by agreement fail. However, the 2018 Guidance also acknowledges that local authorities will need

to consider when the land to be acquired will be needed and should plan a compulsory purchase timetable

in parallel with conducting negotiations. Stage 3 of Tier 1, para 17, of the 2018 Guidance recognises that,


given the amount of time needed to complete the statutory procedures, it may often be sensible to initiate

compulsory purchase in parallel with such negotiations.

5.10 The 2018 Guidance at Tier 1, paragraph 2 sets out that acquiring authorities should be sure that the purposes

for which the compulsory purchase order is made justify interfering with the human rights of those with an

interest in the land affected. It requires that the officers’ report seeking authorisation for the compulsory

purchase order should address human rights issues. Section 10 of this Statement sets out further consideration

of human rights.

5.11 Tier 1, paragraph 2 also sets out that acquiring authorities are required to demonstrate that they have taken

reasonable steps to acquire all the land and rights included in the Order by agreement. The Council has

sought to acquire the interests by agreement and continues to do so alongside the making of the Order.

Further information is set out in section 9 of this Statement.

5.12 Tier 1, paragraph 6 provides guidance on how due regard should be given to the Public Sector Equality Duty

should be taken into account when making a compulsory purchase order in accordance with the Equality

Act 2010. Section 11 of this Statement provides further information on how the Council have considered this

throughout the process.

5.13 Tier 2, section 1 provides specific advice on the making of orders under section 226 of the 1990 Act.

Paragraph 95 of section 1 states that the powers under section 226 are intended to provide a positive tool to

help acquiring authorities with planning powers to assemble land where this is necessary to implement

proposals in their Local Plan or where strong planning justifications for the use of the power exist.

5.14 Paragraph 97 refers to section 226(1)(a) of the 1990 Act enabling acquiring authorities with planning powers

to acquire land if they think that it will facilitate the carrying out of development, redevelopment or

improvement on, or in relation to, the land being acquired and it is not certain that they will be able to

acquire it by agreement.

5.15 Paragraph 103 of the same section refers to section 226(1)(a) being restricted under section 226(1A),

providing that the acquiring authority must not exercise the power unless they think that the Scheme,

redevelopment or improvement is likely to contribute to achieving the promotion or improvement of the

economic, social or environmental well-being of the area for which the acquiring authority has

administrative responsibility. It makes clear that the benefit to be derived from exercising the power is not

restricted to the area subject to the compulsory purchase power as the concept of the well-being is applied

to the whole (or any part) of the acquiring authority’s area.

5.16 Paragraph 104 sets out further information on the justification required to support an order to acquire land

compulsorily under section 226(1)(a) of the 1990 Act. This includes;

• Programme of land assembly to be set within a clear strategic framework.

• Such a framework needs to be founded on an appropriate evidence base and to have been subjected

to consultation processes.

• The planning framework should be as detailed as possible in order to demonstrate that there are no

planning or other impediments to the implementation of the Scheme.


• Consideration of the National Planning Policy Framework as this is a material consideration in all planning

decisions.

5.17 Paragraph 106 further provides that in making a decision on whether to confirm an Order under section

226(1)(a), the Secretary of State will take into account the following factors;

• Whether the purpose for which the land is being acquired fits in with the adopted Local Plan for the area

or, where no such up to date Local Plan exists, with the draft Local Plan and the National Planning Policy

Framework.

• The extent to which the proposed purpose will contribute to the achievement of the promotion or

improvement of the economic, social or environmental wellbeing of the area.

• Whether the purpose for which the acquiring authority is proposing to acquire the land could be

achieved by any other means. This may include considering the appropriateness of any alternative

proposals put forward by the owners of the land, or any other persons, for its reuse. It may also involve

examining the suitability of any alternative locations for the purpose for which the land is being

acquired.

• The potential financial viability of the Scheme for which the land is being acquired as well as a general

indication of funding intentions, and the timing of available funding.

5.18 Section 18 of the 2018 Guidance provides guidance on the compulsory purchase of new rights including

under the 1976 Act (paras 235-248).

5.19 As stated above the Council has taken the Guidance into account in making the Order and the enabling

powers referred to above are the most appropriate powers to use to facilitate the delivery of the Scheme.

5.20 The Scheme will facilitate the redevelopment of the Order Land and will contribute to the improvement of

the economic, social and environmental well-being of the Council’s area.

5.21 The use of section 13 of the 1976 Act is also required in order to facilitate the Scheme.


6. The Purpose and Justification for the use of

Compulsory Purchase Powers

6.1 The Council is committed to securing the Scheme. The need for the Scheme is set out in adopted planning

policy (see section 7 below), the Culture Strategy and the 5 year Economic Development Strategy. The

Scheme accords with the planning framework and delivers the Council’s Corporate Objectives, as set out in

the Council’s Five year Plan (2017-2022). The Scheme includes three of the eight ‘Big Projects’ within that 5

Year Plan, delivering the Council’s vision.

6.2 As set out in para 2.57 above, the Scheme will deliver three of the eight ‘Big Projects’ within the 5 year plan,

namely:

• Delivery of a new theatre in Tunbridge Wells;

• Delivery of a new civic development and office space in Tunbridge Wells;

• Improving public realm in Tunbridge Wells.

6.3 The Council has followed a transparent and objective decision-making process, based on professional

advice, in making the decision to exercise its compulsory purchase powers to ensure delivery of the

development proposals and in doing so improve Tunbridge Wells Town Centre. A summary of the Council

decision making process is set out in para 2.65 above.

6.4 The Council has made reasonable preparations to make the Order, and this has included carrying out all the

necessary due diligence such as land referencing as well as ensuring reasonable efforts to acquire have

been undertaken (section 9).

6.5 The Council resolved, in principle, to the use of its compulsory purchase powers on 6 December 2017, and

subsequently resolved to make the Order on 19 July 2018.

6.6 The section below sets out the purpose and justification of the use of compulsory purchase powers.

6.7 The Council believes that the use of compulsory purchase powers is necessary to facilitate the Scheme and

that the delivery of the Scheme will result in improvements to environmental, social and economic wellbeing

of the area.

6.8 At section 6.11-6.27 below the Council sets out the economic, social and environmental wellbeing benefits

the Scheme will deliver.

6.9 Acquisition of all of the land and rights within the Order Land is necessary to deliver the Scheme and

implement the planning permission. Careful consideration has been given to every parcel of land and right

included in the Order and the Council is satisfied that all of the Order Land is required to enable delivery of

the Scheme.

6.10 The Council have sought to acquire as much of the Order Land and rights as possible by negotiation and will

continue to seek to acquire as many of the remaining interests as possible by negotiation in parallel with the


making of the Order. This is consistent with paragraphs 2 and 17 of Tier 1 of the 2018 Guidance. Further

information on the Council’s efforts to acquire is set out in Section 9 of this Statement.

Social, economic and environmental wellbeing

6.11 The key social, economic, and environmental wellbeing benefits of the Scheme are set out below:

6.12 The new Civic offices will provide a more efficient and flexible headquarters for the Council within Royal

Tunbridge Wells, allowing the Council to retain its base within the town centre at a lower cost. This will allow

more efficient use of council resources and ensure provision of a wide range of Council services. This will also

retain the Council work force in the town centre, with the associated economic benefits to the town centre.

This will increase the economic and social wellbeing of the area.

6.13 The provision of much needed additional modern good quality office space to meet the identified need

(see para 2.27 to 2.35 above) and to replace the reduction in office space due to residential conversions

through permitted development will allow small and medium sized businesses to remain and grow within the

town centre. By increasing the range and type of employment opportunities available, and retaining

businesses within Tunbridge Wells, this will improve the economic and social wellbeing of the area.

6.14 The additional commercial office space within the Scheme will provide 252 additional FTE jobs (full time

employee, or equivalent in part time hours) within the town centre (Lichfields report 2018 CDD.08). This

provides economic and social wellbeing benefits to the area.

6.15 Within the report, Lichfields estimate that the new commercial offices will provide additional £0.2m town

centre expenditure per annum for restaurants, shops and services within the town centre. This provides

economic wellbeing benefits.

6.16 The new theatre will provide modern facilities to allow high quality touring productions to perform in Royal

Tunbridge Wells, enhancing the attractiveness of the theatre to residents and visitors and providing a

valuable widening of the range of cultural activities within Tunbridge Wells, expanding the variety and

quality of shows available within Royal Tunbridge Wells (see para 2.39 to 2.40 above) for residents. This

enhancing of the cultural activities within Tunbridge Wells will provide benefits to the social wellbeing of the

area.

6.17 The new theatre will provide enhanced facilities to a wide range of local community and voluntary groups

within the area, such as TWODS, TW Puppetry Festival, Royal TW Choral Society, TW Dance Festival and the

Royal TW Symphony Orchestra, benefitting the social wellbeing of the area.

6.18 The new theatre will also create additional jobs within Royal Tunbridge Wells. Within the Lichfields report, they

estimate a net increase of 35 FTE jobs from the new theatre facilities. This provides economic and social

wellbeing benefits to the area.

6.19 Within their report, Lichfields estimate an additional £0.9m Food and Beverage Expenditure per annum within

the theatre due to improved facilities. This provides economic benefits to the area.


6.20 Within the report, Lichfields identify net additional Town Centre expenditure of £1.3m per annum. This

includes restaurants, shops and other businesses within the town centre, providing economic wellbeing

benefits.

6.21 The Scheme will create a new pedestrian friendly approach to Calverley Grounds and a new public square,

improving connectivity to Mount Pleasant Road. The Council considers this will improve access to Calverley

Grounds and increase the number of users of the Calverley Grounds facilities. This will improve the

environmental and social wellbeing of the area.

6.22 The Scheme is mid-point between the attractions of The Pantiles in the south and the Royal Victoria Place

shopping centre in the north of the Town Centre, linking the two areas, and increasing permeability of the

town centre. The new public realm and entrance to Calverley Grounds will encourage users to the park, and

improve the environmental wellbeing of the area.

6.23 The new civic office and theatre will be of high architectural quality, responding to the historic context of

Calverley Grounds and the conservation area. This will provide environmental wellbeing benefits to the area.

6.24 The new theatre will provide enhancement of the range of cultural offers and the annual events calendar,

in-line with the Tunbridge Wells Borough Council Cultural Strategy’s vision to grow its role as the cultural

centre of the Kent & Sussex High Weald. This will provide economic and social wellbeing benefits to the area.

6.25 By providing increased employment opportunities and sustainable economic growth within the town centre,

the Scheme will enable increased jobs accessible by public transport. The consequent reduction in the need

for commuting to work, particularly car-based commuting, will provide environmental wellbeing benefits to

the area.

6.26 Short term construction jobs will be created over the three year construction period. In addition, Mace, the

Council’s contractor, have committed to providing training and apprenticeship opportunities during the

construction period.

6.27 The economic benefits of the Scheme were assessed within the planning application and further details are

set out in the Head of Planning Service’s report to Planning Committee (CDB.14) at section 10.104 and

11.10-11.12.

6.28 The Council has carefully considered all property interests and rights included within the Order in order to

minimise the acquisition of third party land and rights and creation of new rights required to ensure delivery

of the Scheme.

6.29 As set out in section 3.10 above, the Council proposes to acquire the Order Land and rights set out within the

Order Plan and detailed Order schedule.

6.30 The land coloured pink on the Order Plan is land over which the Council seeks to acquire third party property

rights and interests.

6.31 The land coloured blue on the Order Plan shows land over which the Council seeks to acquire new rights

over land.


6.32 The Council needs to acquire all third party land interests and rights within Mount Pleasant car park and

adjacent land in order to deliver the new Civic Offices and associated car parking and public realm

improvements.

6.33 The Council needs to acquire all third party land and rights within the Great Hall Service Road and Car Park

and Mount Pleasant Avenue to deliver the new theatre and associated public realm.

6.34 The Council needs to acquire new rights of access over Hoopers yard and car park and land adjacent to

Grove Hill House, together with rights to carry out works to deliver this access, in order to provide appropriate

access and servicing to the new theatre and for refuse collection.

6.35 The Council needs to acquire oversailing rights over properties shown below for the period of construction

only in order to construct the new theatre and offices including.

o AXA, Phillips House, Crescent Road, Tunbridge Wells TN1 2PL.

o Part of Mount Pleasant Avenue by the AXA car park.

o 44 – 50 (evens) Mount Pleasant Road, Tunbridge Wells, TN1 1RB.

o Mount Pleasant Avenue by Grove Hill House.

o 13 Mountfield Road, Tunbridge Wells TN1 1SG.

Compelling Case

6.36 Without confirmation of the Order, the Scheme cannot proceed, as the Council does not own all the

relevant interests. If the Scheme does not proceed the wellbeing benefits set out above will be foregone.

6.37 The Council is satisfied that there are no planning or other impediments to the implementation of the

Scheme.

6.38 Taking account of the benefits above, the Council believes that the public benefits of the Scheme outweigh

the loss to affected parties, and that the interference with property and other rights is proportionate.

Consequently it is the Council’s case that there is a compelling case in the public interest sufficient to justify

the making and confirmation of this Order.

6.39 Failure to confirm the Order would lead to the loss of the opportunity to provide the new Civic Offices,

commercial offices and theatre, together with the improvements to public realm and entrance to Calverley

Grounds.


7. Planning Status of the Order Land and the extent to

which the Scheme fits in with the Development Plan

and the National Planning Policy Framework

7.1 A comprehensive appraisal of the Scheme and all relevant planning policy is set out in the Officer’s report to

the Council’s planning committee. The Scheme substantially accords with the adopted planning framework

at the time of the decision on the planning application.

7.2 The planning application and decision for the Scheme were made having regard to the National Planning

Policy Framework published in March 2012 (NPPF 2012) (CDC.01). In July 2018, government published a new

National Planning Policy Framework (NPPF 2018) (CDC.02), following the decision made on the planning

application for the Scheme. The Scheme is consistent with the NPPF 2018.

7.3 The following section summarises how the Scheme meets key planning policy objectives and accords with

the adopted Development Plan as a whole.

Strategic Planning Framework

7.4 A comprehensive appraisal of the Scheme and all relevant planning policy is set out in the Officer’s report to

the Council’s Planning Committee on 9th May 2018.

7.5 The following section summarises the planning policy context, how the Scheme meets key planning policy

objectives, accords with the adopted Development Plan as a whole, the Civic Development Planning

Framework that has been prepared to guide development on the site, and has been informed by a

comprehensive programme of consultation with the local community and other stakeholders.

Relevant Planning Policies

7.6 In addition to the suite of general development management policies, there are a number of specific

policies relating to the site. Collectively, these policies provide the planning framework against which the

Proposed Development should be assessed and are a material consideration in the determination of any

planning application.

• Local Plan Policy ENl - requires that new development would not cause significant harm to the amenities

or character of the area (in terms of noise, vibration, smell, safety, traffic generation, daylight/sunlight)

and that the design of the proposal respects the context of the surroundings. The Policy also requires that

significant buildings or trees (that are important to the character of the area) are not lost.

• Local Plan Policy EN4 Conservation Area - restricts demolition of buildings within a Conservation area

unless an overriding case against specific criteria can be made (for example, the condition of the

building and cost of repairing and maintaining it, the merits of alternative proposals, whether

redevelopment would produce substantial benefits for the community).


• Local Plan Policy EN5 Conservation Area - lists specific criteria that development proposals within a

Conservation area must satisfy, including preserving or enhancing the character and appearance of

the area.

• Local Plan Policy TPl -large scale non-residential development should be accompanied by a Transport

Assessment and a Travel Plan.

• Local Plan Policy TP4 - the road hierarchy should have adequate capacity to cater for the traffic

generated by the development and the access should be safely located.

• Local Plan Policy TP7 Central Parking Zone - car parking associated with new 'A' 'B' and 'D' class (and

other commercial) development is limited to 'operational' needs only.

• Local Plan Policy TP9 - Kent County Council cycle parking standards for non-residential development will

be applied.

• Local Plan Policy ED1 Economic Development Area - proposals for B1 development greater than 500sqm

of floor space should be located within the Economic Development Area.

• Local Plan Policy EN11 Historic Parks and Gardens- there should be no significant harm to the character,

amenity or setting of a historic park or garden.

• Local Plan Policy EN24 Arcadian Area - proposals for development that would affect the character or

appearance of an Arcadian Area should be a low density of development where building heights, site

coverage and building lines respect the character of the area.

• Local Plan Policy EN21 Areas of Important Open Space - proposals for development affecting Areas of

Important Open Space, as defined on the Proposals Map, will only be permitted where no significant

harm would be caused to the appearance or open character of the designated area and the

development would not materially detract from the contribution which that area makes to the locality.

• Core Strategy Strategic Objective SO1 - seeks to meet the Borough's requirements for housing,

employment, retail development and other supporting infrastructure.

• Core Strategy Strategic Objective SO4 - seeks to facilitate the provision of enhanced infrastructure.

• Core Strategy Policy CS4 Environment - states that the Borough's listed buildings, Conservation areas and

historic parks and gardens will be conserved and enhanced. It notes that special regard will be given to

the setting of these heritage assets.

• Core Strategy Policy CS7 Employment Provision - identifies Royal Tunbridge Wells town centre as a Key

Employment Area, where development of new floor space will be encouraged. Employment

development on unidentified sites will be permitted if there is no adverse impact on residential amenity,

local character or highway capacity and if the proposal is not contrary to other Development Plan

policies.

• Core Strategy Policy CS8 Retail, Leisure and Community Facilities Provision - requires that the capacity,

quality and accessibility of cultural and community facilities is maintained or improved, and that the loss

of community facilities is resisted.

• Core Strategy Policy CS9 Development - sets out the requirements for the sensitive regeneration of Royal

Tunbridge Wells, through development (and redevelopment) for a mix of uses, including housing,

employment, health, retail, leisure and culture. The policy requires that the existing amount of floor


space in the Key Employment Area is maintained and that encouragement is given to increase the

proportion of B1 office space through development or redevelopment of floor space for purpose built

accommodation.

• Site Allocations Local Plan Policy AL/RTW21 - the Mount Pleasant car park site is allocated for office

employment uses providing approximately 3,200sqm (gross) floor space. The policy states that

opportunities to re-provide a similar amount of public car parking provision on site shall be explored.

• Site Allocations Local Plan Policy AL/RTW2A- requires no net loss of existing cultural and leisure facilities

from the Area of Change unless these are re-provided elsewhere in the town centre.

7.7 The Civic Development Planning Framework and the Supplementary Planning document embraces the

proposals for a new civic development, offices and theatre at Calverley Grounds/Great Hall and Mount

Pleasant car park, as well as the future of the Library, Museum and Art Gallery, Town Hall, Assembly Hall

Theatre, Police Station, and Magistrates Court, Crescent Road Car Park and adjacent 9-10 Calverley Terrace

Office & Civic Facilities (Principle of Development)

Policy Summary

7.8 The NPPF 2012 (para 17) (para 81 NPPF 2018) states that planning should proactively drive and support

sustainable economic development to deliver the homes, business and industrial units, infrastructure and

thriving local places that the country needs. It states that planning should promote the utility of our main

urban areas.

7.9 Policy at all levels seeks to secure the creation of new employment opportunities to promote economic

wellbeing and sustainability. The NPPF 2012 (para 18, 19 and 20] (para 80 NPPF 2018) emphasises the

Government's commitment to securing and supporting sustainable economic growth, noting that:

'significant weight should be placed on the need to support economic growth through the planning system'

and that local planning authorities should ‘plan proactively to meet the development needs of business and

support an economy fit for the 21st century'.

7.10 In addition, the NPPF 2012 emphasises the Government's commitment to supporting existing businesses

(paragraph 21) (NPPF 2018 para 182).

7.11 The importance of employment provision in the town centre is reflected in the Core Strategy, where Core

Policy 7 encourages the retention of existing employment floor space as well as the creation of new

employment floor space in the Key Employment Areas on allocated sites and vacant sites and through the

intensification or redevelopment of existing sites. The town centre is identified in the Core Strategy as a 'Key

Employment Area’. In addition, Core Policy 9 encourages an increase in the proportion of B1 office space

provided, principally in the town centre, including by the development of floor space for purpose-built

accommodation and Saved Local Plan Policy ED1 requires large scale B1 uses to be located within the

Economic Development Area.

7.12 The site-specific Site Allocations Local Plan policy AL/RTW21 applies to the Mount Pleasant car park site and

allocates the site for office (B1) use. In addition, the Civic Development Planning Framework SPD identifies

the opportunity for a new office building and civic suite on the Mount Pleasant car park site.


Assessment

7.13 In accordance with national planning policy, the Scheme supports sustainable economic growth, providing

Grade 'A' office space in a town centre location, creating the potential for an additional 188 jobs, and

enabling an existing business to operate more efficiently and sustainably into the future. The potential for an

additional 188 jobs relates to the tenant element of the office building (not the Council element) and is

based on the HCA's Employment Density Matrix, assuming 10 sq. per employee (the density anticipated for

an office in the 'finance and insurance' sub-sector).

7.14 The Scheme represents economic development in the town centre and, as a result, is entirely consistent with

the policy objectives of Core Strategy Policy 7 and 9 for the creation of new purpose-built office floor space

in a 'Key Employment Area'. In accordance with this policy, the development will help to maintain the

overall net amount of employment floor space across the Borough for a range of employment generating

uses.

7.15 As Policy AL/RTW21 in the site Allocations Local Plan allocates the Mount Pleasant car park site for office (B1)

use, the principle of the proposed land use is consistent with local policy. Furthermore, the proposal for an

office building on the site accords with the Civic Development Planning Framework, which identifies an

opportunity for a new office building and civic suite on the Mount Pleasant car park site. The Civic

Development Planning Framework has been adopted as an emerging SPD.

7.16 The proposal represents sustainable development on land that is substantially previously developed in an

accessible urban location and there is an opportunity to intensify the use of the land. The Scheme is

therefore considered acceptable in principle.

Theatre

Policy Summary

7.17 One of the Core Planning Principles in para 17 of the NPPF 2012 (para 118 NPPF 2018) is to 'encourage the

effective use of land by reusing land that has been previously developed provided that it is not of high

environmental value'. The NPPF 2012 encourages local planning authorities to pursue policies that support

the vitality and viability of their town centres. Para 23 (para 85 NPPF 2018) states that 'it is important that

needs for retail, leisure, office and other main town centre uses are met in full and are not compromised

by site availability'. Theatres are defined in the NPPF 2012 as 'main town centre uses'.

7.18 The importance of leisure provision within the town centre is reflected in Core Strategy Policy CS8.

7.19 Core Strategy Policy CS8 requires all new retail leisure and other town centre uses to be directed to the

'defined centres' in the Borough. Royal Tunbridge Wells is a 'Primary Regional Centre', at the top of the

hierarchy of 'defined centres '. Policy CS8 resists the loss of community facilities 'as far as practicable' but

states that where there is a demonstrable continuing need the provision of additional facilities will be

supported where they are deficient.

7.20 Core Strategy para 5.214 identifies Royal Tunbridge Wells as the main focus for retail, leisure and cultural

facilities. Para 5.214 acknowledges that having a range of cultural venues, as well as a strong retail sector, is

important to make the town centre distinctive and help it to retain a competitive edge over other towns in


the South East. The Core Strategy highlights that a varied town centre offer benefits associated businesses,

such as restaurants, and supports both the day time and evening economy.

7.21 Site-specific Site Allocations Local Plan policy AL/RTW2A applies to the Civic Complex block (defined by

Crescent Road to the south, Calverley Road to the east, Monson Road to the north, Mount Pleasant Road to

the west). Policy AL/RTW2A is relevant to the principle of development and land use at the Great Hall car

park site because it requires there to be no net loss of existing cultural and leisure facilities from the Area of

Change, unless these are re-provided elsewhere in the town centre.

7.22 In addition, the Civic Development Planning Framework SPD identifies the opportunity for a new theatre on

the Great Hall car park site.

Assessment

7.23 In accordance with national policy, this application proposes development that is defined as a 'main town

centre use', on a predominantly brownfield site within the town centre. The Scheme will support the vitality of

the town centre.

7.24 In accordance with Policy CS8, the proposed theatre is within Royal Tunbridge Wells, which is identified in the

Core Strategy as a 'Primary Regional Centre', at the top of the hierarchy of 'defined centres'. In accordance

with Policy CS8, this Scheme is for the provision of a cultural facility on a brownfield site within Royal

Tunbridge Wells.

7.25 Whilst the proposed theatre will result in the loss of an existing cultural and leisure facility (the Assembly

Hall Theatre) from the Area of Change, the facility will be re-provided elsewhere in the town centre, in

accordance with Site Allocations Local Plan Policy AL/RTW2A. The use of the Great Hall car park site for

the proposed theatre constitutes re-provision of an existing cultural facility on a town centre site. The

proposed land use is therefore acceptable in principle.

7.26 Furthermore, the proposal for a new theatre accords with the Civic Development Planning Framework SPD,

which identifies the opportunity for a new theatre on the Great Hall car park site.

7.27 The proposal represents sustainable development on land that is substantially previously developed in an

accessible urban location and there is an opportunity to intensify the use of the land. The Scheme is

therefore considered acceptable in principle.

Car park

Policy Summary

7.28 The NPPF 2012 (para 40) (para 106 NPPF 2018) encourages local authorities to improve the quality of parking

in town centres so that it is 'convenient, safe and secure'. It recognises the importance of ensuring vitality in

town centres, stating that parking charges should be set so that they do not undermine the vitality of town

centres.

7.29 The NPPF 2012 (para 132) (NPPF 2018 para 194) states that 'substantial harm to or loss of designated heritage

assets of the highest significance', which includes grade I and II* registered parks and gardens, should be


'wholly exceptional'. Where a development proposal will lead to 'less than substantial harm to the

significance of a designated heritage asset', the harm should be weighed against the public benefits of the

proposals (para 134) (NPPF 2018 para 196).

7.30 At the local level. the importance of improving the quality of parking in town centres and delivering the

homes, business units, infrastructure and thriving local places that the country needs is reflected in Core

Strategy Strategic Objectives SO1 (to meet the Borough's requirements for housing, employment, retail

development and other supporting infrastructure) and SO4 (to facilitate the provision of enhanced

infrastructure).

7.31 Saved Local Plan Policy TP7 requires that on-site car parking associated with new ‘A', 'B', ‘D', and

commercial sui-generis uses within the Tunbridge Wells Central Parking Zone is limited to 'operational' needs

only. Para 11.34 of the Local Plan defines 'operational parking' as 'space for servicing, loading and

unloading and other traffic which must park on the premises for reasons of security, ease of access to

transport, or if the site operates when access to public transport is not available'.

7.32 The site of the proposed car park is designated as an Arcadian Area, Area of Important Open Space, and

Registered Historic Park or Garden on the Local Plan Proposals Map (2006). Saved Local Plan Policy EN11

requires that Historic Parks and Gardens are conserved and enhanced, and that special regard is given to

their setting.

7.33 Para 3.29 of the Site Allocations Local Plan (2016) requires each development in the town centre to 're-

provide at least the same amount of public parking spaces.' In addition, the Civic Development Planning

Framework identifies an opportunity to provide additional car parking on the site. The Civic Development

Planning Framework has been adopted as a non-statutory planning document but is an emerging SPD.

Assessment

7.34 In accordance with national planning policy, which requires local authorities to improve the quality of

parking in town centres, the application proposes a new 261 space car park that will improve the parking

offer within the town centre, helping to underpin the vitality of the town centre.

7.35 Although the proposed car park is not strictly within the boundary of the Tunbridge Wells Central Parking

Zone, the rest of the Scheme is (the theatre and office buildings). However, the new car park is not

associated with the new 'B' or 'D' uses proposed within the Central Parking Zone- it is intended as a new short

stay public car park to replace current provision at the Great Hall and Mount Pleasant car parks. Therefore,

Policy TP7, which restricts on-site parking to 'operational' needs for associated new 'A', 'B', 'D' and

commercial sui-generis uses, does not apply.

7.36 In accordance with Core Strategy Strategic Objectives SO1 and SO4 to meet the Borough's requirements for

supporting infrastructure and to facilitate the provision of enhanced infrastructure), this application proposes

supporting infrastructure to help meet the Borough's requirements for development in the town centre, which

in turn will help to underpin the vitality of the town centre and respond to the very high levels of car

ownership and use within the Borough (as referenced in the Core Strategy, para 2.23).


7.37 Para 3.29 of the Site Allocations Local Plan (2016) requires each development in the town centre to 're-

provide at least the same amount of public parking spaces.' Although the Scheme does not provide exactly

the same amount of current parking spaces, as required by paragraph 3.29 of the Site Allocations Local

Plan, 261 new parking spaces - sized according to the relevant KCC standard - are provided as set out at

para 4.17 above.

7.38 The impact of the Scheme on Calverley Grounds is addressed in the Heritage and Townscape Assessment

accompanying the planning application. In accordance with NPPF 2012 para 134, which requires harm to

be weighed against the public benefits of a Scheme (where that harm is 'less than substantial'), the Heritage

and Townscape Assessment demonstrates that the wider public benefits associated with improvements to

an important entrance to Calverley Grounds will decisively outweigh the harm caused to the western edge

of the Registered Park and Garden. The proposed land use is therefore acceptable in principle.

7.39 Extending the proposed car park beneath Calverley Grounds requires careful consideration about the

impact on the park, particularly with reference to Core Strategy Policy 4 and Saved Local Plan Policy EN11,

which require that Historic Parks and Gardens are conserved and enhanced, and that special regard is

given to their setting. The proposed landscape Scheme is an opportunity to enhance the original Arcadian

concept where it has been degraded through municipalisation of this part of the park during the 20th

century (as explained in the Heritage and Townscape Assessment). This is in accordance with planning

policy at all levels which seeks to enhance heritage assets. Further details of the landscape Scheme are

provided in the Design and Access Statement and the plans accompanying the planning application.

Heritage

Policy Summary

7.40 Para 128 of the NPPF 2012 (para 189 NPPF 2018) encourages local planning authorities to request a

description of the significance of any heritage assets affected by the Scheme. Para 131 (para 192 NPPF

2018) encourages local authorities to take account of the desirability of 'sustaining and enhancing' the

significance of heritage assets as well as the desirability of new development making a positive contribution

to 'local character and distinctiveness'.

7.41 Para 132 (NPPF 2018 para 194) requires great weight to be given to the asset's conservation and, in

acknowledging that heritage assets are irreplaceable, requires a 'clear and convincing justification' for any

harm or loss. Paras 133 and 134 (NPPF 2018 para 194-195) set out clear advice to planning authorities

determining applications that lead to 'substantial harm or total loss' or 'less than substantial harm'.

7.42 Para 133 (NPPF 2018 para 195) advises local authorities to refuse consent for Schemes that lead to

'substantial harm or total loss' of significance of a heritage asset unless a strict set of criteria are met,

including whether the substantial harm is necessary to achieve 'substantial public benefits that outweigh

that harm or loss'. Para 134 (NPPF 2018 para 196) explains that where a proposal will lead to 'less than

substantial harm to the significance of a designated heritage asset', the harm should be weighed against

the public benefits of the proposal, including securing its optimum viable use. With reference to the impact

on non-designated heritage assets, para 135 (NPPF 2018 para 197) requires a 'balanced judgement' that has

regard to the scale of any harm of loss and the significance of the heritage asset.


7.43 The NPPF 2012 acknowledges that not all elements of a Conservation Area necessarily contribute to its

significance (para 138) (NPPF 2018 para 201) and encourages local planning authorities to look for

opportunities within Conservation Areas and the setting of heritage assets to enhance or better reveal their

significance (para 137) (NPPF 2018 para 200).

7.44 At the local level, Core Strategy Policy 4 requires that the Borough's heritage assets (including Listed

Buildings, Conservation Areas and Historic Parks and Gardens) are conserved and enhanced. It also requires

that 'special regard' is given to their setting.

7.45 Similarly, Saved Local Plan Policy EN1 requires that new development would not result in the loss of significant

buildings and related spaces important to the character of the built up area or to the character or

appearance of a Conservation Area. The criteria of most relevance to the Scheme against which a case will

need to be made if the buildings to be demolished are found to be positive contributors to character, are:

• The merits of alternative proposals for the site, and whether there are acceptable and detailed plans for

any redevelopment; and

• Whether redevelopment will produce substantial planning benefits for the community, including

economic regeneration or environmental enhancement.

7.46 Saved Local Plan Policy EN5 sets criteria that must be satisfied for proposals within, or affecting the character

of, a Conservation Area. The criteria include:

• The Proposal would preserve or enhance the buildings, related spaces, vegetation and activities which

combine to form the character and appearance of the area;

• The siting of the development would be similar to adjoining building frontage lines where this is important

to the character of the Conservation Area;

• The layout and arrangement of the building(s) would follow the pattern of existing development and

spacing of adjoining plot widths where this is important to the character of the Conservation Area;

• The scale, massing, roofscape, use of materials, detailing, boundary treatment and landscaping would

preserve or enhance the character of that part of the Conservation area in which the proposal would

be situated;

• The use, or intensity of use, would be in sympathy with the character and appearance of that part of

the Conservation area in which the proposal would be situated;

• The proposal would not result in the loss of trees, shrubs, hedges or other features important to the

character of that part of the Conservation area in which the proposal would be situated; and

• In meeting the car parking and access requirements, the character and amenity of the area would not

be adversely affected.

7.47 Saved Local Plan Policy EN11 states that 'proposals which would be likely to affect a historic park or garden

will only be permitted where no significant harm would be caused to its character, amenities or setting'.


Assessment

7.48 The Heritage and Townscape Assessment accompanying this planning application assesses the impact of

the Scheme on the significance of designated and non-designated heritage assets and on a series of

agreed views from the surrounding area. In the context of national and local planning policies concerning

heritage assets. The subsequent paragraphs in this section address the impact of the Scheme on the

significance of the Conservation Area, Calverley Grounds, and the setting of Listed Buildings and non-

designated heritage assets.

7.49 The Heritage and Townscape Assessment addresses the impact of the Scheme on the four Special Identity

Areas (SIAs) in the Royal Tunbridge Wells Conservation Area: the Civic Area SIA, the Calverley Park SIA, the

Mount Pleasant Road SIA, and the Claremont Road SIA. The Assessment concludes that the impact on the

significance of the Conservation Area is minor adverse (but moderately adverse where the new buildings will

be seen from the carriage drive in front of the Burton villas, only if no mitigation planting is carried out). The

Scheme will enhance the character and appearance of parts of the Conservation Area and will cause less

than substantial harm once mitigation (such as landscaping) is in place.

7.50 Calverley Grounds is a Grade II Registered Park and Garden (RPG). Although the RPG is not protected by a

separate consent regime, it is considered to be a designated asset in accordance with NPPF 2018 Annex 2.

However, the western part of the park (where the development is proposed) is a degraded part of the

whole. Victorian commercial and residential developments along Mount Pleasant Road turn their back on

the park and the ad-hoc 20th century car park developments have resulted in the progressive loss of the

original landscape concept. The Scheme represents an opportunity to enhance the western edge of the

park and to better reveal the significance of this heritage asset in accordance with para 200 of the NPPF

2018.

7.51 Although the Scheme will result in a degree of loss to the park (approximately 1,007sqm), and will introduce

built form into some views that are currently characterised by planting, the Heritage and Townscape

Assessment concludes that the proposals will have a 'moderately adverse' impact on the significance of the

RPG in some locations but a 'moderately beneficial' impact in others. With mitigation that screens views of

the proposals, the overall impact on the RPG is found to be 'minor adverse' and the Scheme would result in

'less than substantial harm' to the significance of the heritage asset. This is in accordance with Local Plan

Policy EN21, which restricts that development that would result in 'significant harm' to the appearance or

open character of the designated area.

7.52 In accordance with para 196 of NPPF 2018, which requires a harm that is 'less than substantial' to be weighed

against the public benefits of the Scheme, the Scheme will substantially enhance the western fringe of the

RPG and provide a high quality contemporary response to the original Arcadian parkland design. In

accordance with Core Strategy Policy 4 and Saved Local Plan Policy EN11, there will be no significant harm

to the character, amenities or setting of the park and there will be significant improvements to repair,

enhance and conserve the Arcadian landscape in this part of the RPG.

7.53 It is important to note that, although approximately 1,007sqm from the park will no longer be utilised as a

result of the proposal, this is offset quantitatively by the addition of 1,183sqm of new public realm (comprising

the public terrace of the office building and the new Square) and the removal of two of the ad- hoc 20th


century additions to the RPG (the dental surgery and toilet block - with a combined floor space of 124sqm).

Qualitatively, the unutilised 1,007sqm is offset by the substantial enhancements to the degraded western

entrance to the park.

7.54 The Scheme will result in the loss of the Great Hall car park, dental surgery and toilet block, all of which are in

the Royal Tunbridge Wells Conservation Area (and two of which - the dental surgery and toilet block - are in

the RPG). As mentioned above, the Heritage Statement explains that changes in the park's physical fabric

and landscaping occurred in an ad-hoc fashion during the municipalisation of the park in the 20th century

and concludes that the result of these changes has been to detract from the aesthetic value and integrity of

the parkland.

7.55 The Great Hall car park and toilet block in particular are found to be 'discordant' features that do not

address the park and its design. In accordance with Saved Policy EN1 and EN4, the demolition of the Great

Hall car park and toilet block would not result in the loss of 'significant buildings' or buildings which 'contribute

positively to the character or appearance of a Conservation Area. Although the dental surgery makes some

positive contribution to the significance of the municipal aspects of the park, it detracts from the RPG's

Arcadian qualities. Its replacement by proposals that seek to intensify the Arcadian setting of the RPG has

the potential to directly enhance the RPG's significance as a heritage asset. The Heritage and Townscape

Assessment concludes that 'harm' caused by the loss of the toilet block, dental surgery and Great Hall car

park buildings is less than substantial and should therefore be weighed against the public benefits of the

proposals in accordance with NPPF 2018 para 196.

7.56 The proposed buildings themselves take their facade proportions from classical architecture and reinterpret

them in a contemporary manner. In accordance with Saved Local Plan EN5 (which requires careful

consideration of the siting and layout of buildings), the proposed buildings front the park and create a

meaningful relationship with it rather than turning their back as some buildings on Mount Pleasant Road have

done. The proposed buildings draw inspiration from the Arcadian and picturesque tradition that shaped

Decimus Burton's landscape design for the former Calverley Park. The following design features have been

incorporated into the Scheme to reflect and enhance the Arcadian and picturesque tradition:

• The buildings ' regular classical bay rhythms;

• The informal but coordinated physical relationship of the buildings to each other; and

• The portico/colonnade features that animate the public entrances and relate the buildings to each

other as well as the wider park.

7.57 In accordance with another criterion of Saved Local Plan Policy EN5, the Townscape and Visual Impact

Assessment concludes that the Scheme successfully resolves the scale, form and layout of buildings (as well

as the parkland setting) in this part of the Conservation Area. The Townscape and Visual Impact Assessment

is discussed in further detail elsewhere in this Planning Statement and the scale of development (and

proposed materials) are discussed in further detail in the Design and Access Statement and the Design and

Landscape section of the Planning Statement.

7.58 In accordance with NPPF 2018 para 197 and Core Strategy Policy 4 (which require a 'balanced judgement'

about the scale of harm to non-designated heritage assets and that 'special regard' is had to the setting of


listed buildings), the Heritage Statement addresses the impact of the Scheme on the wider setting of the

following historic assets:

• Numbers 1 and 5-24 consecutively) Calverley Villas - Grade II* listed buildings on the north-east and east

edges of Calverley Park;

• Calverley Hotel - a Grade II listed building which incorporates the historic house for which the park was

originally laid out;

• 82 Mount Pleasant Road;

• Trinity Arts Centre;

• Royal Tunbridge Wells Railway Station;

• Town Hall and associated civic complex;

• Numbers 32-62 and 64-78 Mount Pleasant Road (non-designated assets backing onto the site of the

proposed office);

• Great Hall Arcade (non-designated asset);

• Sladen Chambers (non-designated asset facing the entrance to the park from across Mount Pleasant

Road); and

• The memorial to Air Chief Marshall The Lord Dowding (non-designated asset located in a flower bed by

the western entrance to the park).

7.59 Due to topography, distance from the development and screening from the west side of the park by trees,

there will be no impact on the aesthetic or historic value of numbers 1 and 5-24 Calverley Park. Although

glimpses of the development from within the upper floors of the villas may be possible in winter, the

substantial experience will remain unchanged as the development is contained for the most part within the

valley bottom and the uninterrupted views to the treed skyline will continue. Glimpses of the office's upper

floors would be possible from one viewpoint (number 14). With no mitigation, the impact from Viewpoint 14 is

limited to 'moderately adverse'.

7.60 With reference to the Calverley Hotel the Heritage and Townscape Assessment concludes that the proposal

would result in a 'minor adverse' impact on the hotel's setting and that the harm is 'less than substantial' and

must be weighed against the public benefits of the Scheme.

7.61 The Scheme has a neutral, indirect impact on 82 Mount Pleasant Road and the Trinity Arts Centre. No harm is

caused to the assets or their setting. There is no direct harm to the Railway Station and minimal harm

(considerably less than substantial) to the building's contributory setting. There is no impact on the Town Hall

and associated civic complex.

7.62 There will be a 'minor adverse' impact on the setting of numbers 32-62 and 64-78 Mount Pleasant Road but

this is less than substantial harm and can be mitigated by the detailed handling of the new retaining wall

and landscaping. The introduction of the new Square will have a 'minor beneficial' impact.

7.63 There will be a neutral impact on Sladen Chambers and a moderately beneficial impact on the Great Hall

Arcade.


7.64 The Scheme also includes the relocation of the memorial to Air Chief Marshall Lord Dowding (currently

located in a flower bed by the western entrance to the park). The memorial's precise location does not

contribute to its relatively low heritage significance and its relocation to a new publicly-accessible site will

have no discernible effect on the value of the asset.

7.65 The Scheme does not result in 'substantial harm' to the significance of the Royal Tunbridge Wells

Conservation Area or the RPG and, in accordance with para 200 of the NPPF 2018, is an opportunity to

'enhance or better reveal' the significance of a designated heritage asset. The provision of additional public

realm between the proposed office and proposed theatre buildings will create an enhanced entrance to

Calverley Grounds. Although the Scheme will result in the loss of the Great Hall car park, dental surgery and

toilet block, the 'harm' caused by this loss is less than substantial and should therefore be weighed against

the public benefits of the proposals (NPPF 2018, para 196). The Heritage and Townscape Assessment

concludes that the considerable public benefits of the proposal more than outweigh the less than

substantial harm of the heritage assets affected.

Planning Permission

7.66 On 9 May 2018, Planning Committee resolved to grant planning permission for: ‘The redevelopment of the

site to include the demolition of existing buildings (the Great Hall car park, the dental surgery in Calverley

Grounds and the toilet block in Calverley Grounds) and provision of new offices (including Council offices,

Council Chamber and commercial office space), theatre, underground car parking, and associated

landscaping, infrastructure and associated works.’ The decision notice was issued on 15 June 2018.

Stakeholder Engagement

7.67 Prior to submission of the planning application for the Scheme, engagement and consultation was carried

out with wider Council members, stakeholders, community groups, businesses and residents. This included a

well-attended public exhibition on 13th and 18th May 2017.

7.68 In addition to a series of pre-application meetings with the Council, meetings to discuss the Scheme were

held with Historic England, Kent County Council (as the Highways Authority) and Design South East.

7.69 The Council will work with its appointed contractor, Mace, to prepare a programme for discharging the

conditions set out within the planning permission.

7.70 Similarly, they will work with the Mace team to ensure any highways consents are progressed and achieved

within the timescale.

7.71 In order to create a cleared site, 66 trees and seven groups of trees would be removed (these groups

comprise a mixture of ornamentals, self-sown trees, the cypress screen behind the toilets, tree like shrubs, and

hedging, totalling approximately 146 additional specimens). The 66 trees to be removed include trees along

the eastern side of Mount Pleasant Avenue, trees within the Mount Pleasant car park, trees within Calverley

Grounds and trees adjacent to the Great Hall Arcade. An equal number of trees will be replanted by the

project.

7.72 Approval for the demolition of the above buildings and removal of the identified trees has been provided

within the planning permission for the Scheme.


Conclusion

7.73 The proposed theatre, civic suite/offices and car park are all acceptable town centre uses that would help

to maintain the town centre’s vitality and viability and support sustainable economic growth.

7.74 The Scheme will have wide ranging socio-economic benefits in terms of improvements to the vitality of the

town centre and the Borough’s cultural offer, as well as promoting economic growth in a 'Key Employment

Area'.

7.75 The Council considers that there is a strong planning policy framework for the Scheme, and there is no

foreseeable impediment to delivery in planning terms.


8. Delivery Structure and Funding

8.1 The Scheme is an important policy priority for the Council, and it has worked with its advisor team to ensure

that the necessary funding, approvals, consents and all other matters required for delivery of the Scheme

are in place.

8.2 The Council will fund and deliver the Scheme itself. It has worked with a full design management team

throughout the process of deciding to proceed with the Scheme, undertaking the design process and

obtaining planning permission.

8.3 As set out at para 2.65 above, the Council has been working towards delivery of this Scheme since 2014.

8.4 At a Full Council meeting on 6 December 2017, the Council resolved to approve the RIBA Stage 3 designed

Scheme, and that it be funded and proceed to delivery.

8.5 The detailed resolutions included agreement to:-

• Submit a planning application, and submission of any details required to discharge conditions.

• Procure an appropriate consultant team and contractor to enable delivery of the project.

• Acquire land and rights required to deliver the project, either by agreement or by the use of the

Council’s statutory compulsory purchase powers if required.

8.6 Further details of actions since December 2017 are set out below.

8.7 A planning application has been submitted, and planning permission has been granted for the Scheme.

8.8 The Council has procured an appropriate consultant team and contractor to deliver the Scheme.

8.9 The Council has taken, and continues to take, steps to acquire the relevant interests by agreement, as

referred to at Section 9 below.

Council Calverley Square Development Project Team

8.10 The Council has worked with an experienced professional team to date, and will continue to work with this

team through to delivery of the Scheme.

8.11 The Council appointed GVA to manage the design team in 2016. Architects Allies & Morrison were

appointed as sub-consultants to GVA.

8.12 The Council appointed Mace as its main design and build contractor in June 2018. Nicholas Hare Architects

are appointed as sub-consultants to Mace. GVA are still appointed by the Council as project managers.

8.13 Following appointment of the contractor, detailed design of the Scheme is progressing to allow

commencement of construction within the Scheme programme.

Contractor


8.14 Following a full competitive tender process, Mace Group Ltd (“Mace”) has been appointed to be the

Council’s contractor to deliver the Scheme. Mace is a global consultancy and construction firm

headquartered in London, United Kingdom, employing approximately 4,500 people, across five continents

with a turnover in excess of £2bn.

Experience of Delivery of Similar Schemes

8.15 Mace has significant experience of delivering mixed use complex construction projects in urban locations.

8.16 Of particular interest in relation to the Scheme delivery are their experience of two fundamental construction

elements of the Calverley Square development – firstly the deep basement excavation under the Offices

and secondly the integrated design of the new theatre.

8.17 Mace has worked on Schemes which include these identified difficult elements in the past, and a selection

of the most relevant experience is highlighted below.

• Nova – a major mixed-use destination in the heart of Victoria – required construction of the biggest

basement in Europe, stretching over one hectare and requiring the equivalent of four levels of

excavation and structure (equivalent to 14m deep). Set on a 5.5 acre island, the basement covers the

whole of the site, and shares boundaries with the current Victoria Station upgrade project, a future

Crossrail tunnel and link, and a deep sewer.

• Lyric theatre, Royal Shakespeare theatre, as well as providing space for the Southwark Playhouse

theatre.

Funding

8.18 The Council will fund the Scheme from its own funds and already has guaranteed the availability to borrow

from the Public Works Loan Board (PWLB). The Council is satisfied that the Scheme is capable of being

funded via the PWLB.

8.19 The Public Works Loan Board (PWLB) founded in 1793 is a statutory body operating within the United Kingdom

Debt Management Office, an Executive Agency of HM Treasury. PWLB's function is to lend money from the

National Loans Fund to local authorities, and to collect the repayments.

8.20 Since 2004, major local authorities have been able to borrow (mainly for capital projects) without

government consent, provided they can afford the borrowing costs. To this end, they are required by law to

“have regard” to the Prudential Code, published by the Chartered Institute of Public Finance and

Accountancy (CIPFA). The PWLB requires assurance from the authority that it is borrowing within relevant

legislation and its borrowing powers.

8.21 The PWLB does not require information on the purpose for a loan. Responsibility for local authority spending

and borrowing decisions lies with the locally-elected members of the council, who are democratically

accountable to their electorates.

8.22 The Council, together with its professional team, has undertaken a rigorous assessment of the costs involved

in delivering the Scheme and the income receivable from the Scheme. This has included the preparation of

a business plan for the proposed new theatre, and a consolidated Business Case for the overall Scheme.


8.23 It has assessed the overall costs and benefits of the Scheme to the Council’s Budget, and is satisfied that it is

appropriate to proceed with the Scheme. The Council commissioned the Chartered Institute of Public

Finance and Accountancy (CIPFA) to review their approach. CIPFA in the executive summary of their report

said that; the CIPFA team were impressed by the council and many aspects of their approach to the

project, it has all the aspects of successful delivery, in particular:

• Vision

• Ownership/Commitment

• The retained team led by GVA are of high quality and are supplemented by an experienced

in-house team

• The quality and thoroughness of pre-tender work on delivering the build

• Savings strategy – appears deliverable

• Prudent financial planning approach

• The involvement and approach of the Director of Finance, Policy and Development

8.24 At a full Council meeting on 6th December 2017, the Council approved funding for and delivery of the

Scheme.

8.25 The total anticipated cost of the Scheme is £86million. (p. 49 Public Document Pack, Full Council Meeting

06/12/17 CDA.01). The Council intends to fund the Scheme from a combination of Council reserves, sale of

redundant Council assets and Public Works Loan Board funds.

8.26 The Public Works Loan Board funds will be repaid from scheduled savings on the base revenue budget (p.49

Public Document Pack, Full Council Meeting 06/12/17 (CDA.01).

8.27 The Council is committed to delivering the Scheme, and has made progress in their preparations for delivery.

Other consents

8.28 Planning permission has been obtained for delivery of the Scheme (see section 7 above).

8.29 The Council will need to obtain Traffic Regulation Orders and to appropriate part of the land required for the

Scheme for planning purposes, as set out in section 14 below.

8.30 The Council’s programme for appropriating the land required for the Scheme is set out in section 13 below.

8.31 The Council does not foresee any impediment to obtaining the required Traffic Regulation Orders or

appropriating the land required.

8.32 Subject to confirmation of the Order, the Scheme is expected to commence in 2019, and be completed by

2021/2.


9. Efforts to Acquire

Existing Council ownership

9.1 The Council owns the freehold interest in approximately 88% of the site, including the two car parks on which

the Scheme will be built. In addition, it owns the adjacent park, Calverley Grounds, which is partly within the

planning application boundary but not within the Order Land.

Negotiations

9.2 Whilst the Council has sought to assemble the site as far as possible through negotiation, compulsory

purchase powers are likely to be required because it is unlikely that the required interests will be acquired in

time to allow construction to begin in line with the adopted programme.

9.3 In accordance with Tier 1, paragraph 2 of the 2018 Guidance on compulsory purchase process the Council

is now initiating the formal compulsory purchase procedure, alongside continuing negotiations, to underline

the seriousness of the Council’s intentions to redevelop the site and to ensure the Scheme can commence

within the adopted programme.

9.4 The Council remains committed to negotiating the acquisition of all third party interests by agreement where

possible and is continuing negotiations in this respect.

9.5 The full details of all interests that need to be acquired are set out in the schedule to the compulsory

purchase order.

9.6 GVA was appointed in 2016 to commence negotiations to acquire the third party rights and property

interests required for the Scheme on behalf of the Council.

9.7 The Council needs to acquire the freehold interests in:

• The Great Hall Arcade service yard to the rear of 14-18 Mount Pleasant Road;

• The road to the rear of the Great Hall Arcade;

• A small piece of land on Mount Pleasant Avenue owned by AXA that is needed for a junction

improvement.

9.8 The Council also needs to acquire the third party interests in 40 parking spaces in the Council owned car

park to the rear of the Great Hall Arcade and needs to gain possession of the Mount Pleasant car park

(within its freehold ownership) currently occupied by AXA, as well as acquiring access rights, oversailing rights

and utilities installation rights over third party land.


Hoopers

9.9 Hoopers Ltd (‘Hoopers’) is a department store operator and is owner and occupier of retail premises at 12-21

Mount Pleasant Road and 1-9 Grove Hill Road. The Scheme requires access through Hoopers’ car park, off

Grove Hill Road.

9.10 Negotiations for the acquisition of a new right of way through the car park commenced in June 2016. Since

then there have been numerous discussions via meetings, e-mails and telephone conversations between

GVA and Hoopers’ agent Lambert Smith Hampton.

9.11 The Council has not been able to reach agreement on acquisition of the required right of way to date. GVA

is continuing to discuss with Lambert Smith Hampton.

BNP Paribas Securities Services Trust Company Limited

9.12 BNP Paribas Securities Services Trust Company Limited (‘BNP’) is the freehold investment owner of the Great

Hall Arcade, a retail and office building fronting Mount Pleasant Road. The service road directly to the rear

of the property and an adjacent service yard is included in BNP’s freehold.

9.13 BNP also has a right to occupy 40 car parking spaces in the Council car park to the rear of the Great Hall

Arcade. The Council needs to acquire the service road, yard and parking spaces.

9.14 BNP additionally has a right of way over Mount Pleasant Avenue to the north, east and south sides of the car

park which will need to be acquired to deliver the Scheme. When the Scheme is complete, access will be

provided over the road to the west and south of the existing car park, then east of Grove Hill House to Grove

Hill Road.

9.15 Hermes Asset Management manages the Great Hall Arcade on behalf of BNP.

9.16 Discussions between GVA and Hermes and their agents regarding the impact of the Scheme commenced

in July 2016, with discussions including replacement car parking and rear access and servicing.

9.17 The Council has offered BNP replacement car parking for the 40 spaces that will not be available following

the Scheme but agreement has not yet been reached. GVA continues discussions with Hermes and their

agents.

BNP tenants

9.18 The Great Hall Arcade is let to the following tenants:

• Sainsbury's, Units 1-6 (retail);

• Sunniva Carpeting Ltd, Unit 7 (retail);

• The Sofa Workshop, Units 8-9, plus basement of part of unit 7 (retail);

• BBC, Units 10-12, plus basement of Units 10-11 (broadcast studio), plus offices on the 1st & 2nd floors;

• European Insurance Services Ltd, 3rd floor (office);

• Reliance Mutual Insurance Society, basement under Units 6 & 7 (storage).


9.19 The 40 BNP parking spaces in the Council’s car park to the rear are allocated as follows:

• BBC – 28 spaces;

• European Insurance Services Ltd (office) – 11 spaces;

• Hermes Asset Management – 1 space.

9.20 The car parking spaces are allocated as part of the leases to BBC and EISL. They are therefore relatively short

term interests within the site, with the BBC leases expiring in September 2021 and the EISL lease also expiring

in September 2021.

9.21 The impact of the Scheme on the Great Hall Arcade tenants will be:

• A loss of parking spaces for BBC, Hermes and EISL;

• Amendments to rear servicing arrangement for the other tenants, except Sainsbury’s, who service from

Mount Pleasant Avenue.

9.22 Discussions with the BBC commenced in June 2016. Agreement has not yet been reached. The replacement

of the BBC parking spaces will be tied in with any agreement reached with BNP.

9.23 Initially, discussions were focused on Hermes on behalf of BNP. The Council dealt with Hermes who confirmed

that it represented BNP’s tenants for the purposes of discussing car parking spaces. However, since June

2018 the Council, Mace and GVA have been in contact with the other tenants to discuss the impact of the

Scheme and servicing during and after construction.

Dr Hossein Hesami

9.24 Dr Hesami was the freeholder of The Lodge, Mount Pleasant Avenue. Negotiations for the acquisition of his

freehold interest commenced in June 2016 and the acquisition of that interest was completed by the

Council on 31 October 2018. The Council is therefore now the freeholder.

Dr Simon Azimi, iSmile Dental Practice Ltd.

9.25 iSmile Dental Practice Ltd, owned by Dr Simon Azimi, is the leaseholder and occupier of The Lodge, Mount

Pleasant Avenue. Negotiations for the acquisition of his lease commenced in June 2016. Dr Azimi has

appointed an agent to act on his behalf but has not yet identified suitable alternative accommodation and

therefore we have not been able to reach agreement on the acquisition of the lease.

9.26 The Council has offered Dr Azimi one of its properties (69, St John’s Road) as a potential relocation property,

and has funded a report undertaken by his agent to identify a suitable relocation property, but agreement

has not yet been reached on relocation premises. GVA continues to attempt to agree acquisition of the

leasehold by agreement.

AXA

9.27 AXA is the occupier of offices known as Phillips House, Crescent Road, Royal Tunbridge Wells, which are just

to the north of the Council’s Mount Pleasant car park, where the Scheme’s new offices and car park will be

situated.


9.28 AXA held a lease of the Mount Pleasant car park, which has now expired. They are holding over on this lease

and the Council could therefore gain possession via the Landlord and Tenant Act 1954 procedure. However

the Council has included this property within the Order to ensure that possession can be gained when

needed.

9.29 Negotiations commenced with AXA in March 2017. The Council has offered replacement parking at its

Crescent Road car park in an attempt to mitigate the impact of the Scheme on AXA. However agreement

has not yet been reached.

9.30 The Council also needs to remove trees and acquire a small plot of land on Mount Pleasant Avenue from

AXA for a highways junction improvement. The land consists of raised landscaping with a retaining wall and

steps up into the AXA car park within Philips House. The steps will be rebuilt about 0.5 metres further back

(east) from the road. Therefore access will be maintained following the works being undertaken. During

rebuilding, access will still be available from the front of the property on Crescent Road.

9.31 On behalf of the Council, GVA will continue negotiations to reach agreement with AXA.

Grove Hill House

9.32 GVA spoke to the freeholder of the property in February 2018 and discussed the Scheme progress and the

freeholder’s use of the right of way.

9.33 The Council met Mr de Maid, a director of EHJDM Ltd, the freeholder, on 10 May 2018 to discuss the impact

of the Scheme on the property including:

• the extinguishment by the Council of his rights of way over the private part of Mount Pleasant

Avenue by the Great Hall Arcade car park;

• the acquisition by the Council of rights of way over Mount Pleasant Avenue to the east of Grove Hill

House;

• rights of light retained by the freeholder which may be impacted by the Scheme.

9.34 The Council has made an offer to EHJDM Ltd for the acquisition of a right of way over Mount Pleasant

Avenue by Grove Hill House, but it has not been possible to agree terms.

9.35 In August 2018 the Council contacted the leaseholders of Grove Hill House to explain the extinguishment of

their right of way over the private part of Mount Pleasant Avenue by the Great Hall Arcade, the requirement

to acquire access rights over the road east of Grove Hill House and how access will be maintained from

Grove Hill Road.

Conclusion

9.36 The Council owns 80% of the freehold Order Land. The Council commenced discussions with the majority of

affected third parties in June and July 2016 and has continued those discussions since.

9.37 The Council will continue to negotiate to acquire all necessary third party land and rights in parallel with the

progression of the Order process.


10. The Council’s Response to Statutory Objectors

10.1 The Secretary of State has received 16 "statutory" objections from those parties who hold an interest in the

land to be compulsorily acquired.

10.2 301 "non-statutory" objections against the confirmation of the Order from parties who do not hold an interest

in the land to be compulsorily acquired have also been received by the Secretary of State.

10.3 A list of Objectors is attached at Appendix 2 of this Statement of Case, and we have divided these into

"statutory" and "non-statutory" Objectors for ease.

10.4 A number of Objectors have raised similar objections and where this is the case, the Council has identified

key themes and responded to these themes at section 11 below.

10.5 This section first sets out the Council’s response to statutory Objectors and then sets out the Council’s

response to the same or similar objections which have been raised by more than one Objector.

10.6 The Council will continue its discussions with all statutory Objectors in an attempt to address the concerns

raised and reach agreement if possible.

Brian Gregory, Flat 21, Grove Hill House (Plot 18)

10.7 The objection included themes 1, 2, 6 & 10 and the Council sets out its response at section 11 below.

Pamela Bigwood, Appt 22, Grove Hill House (Plot 18)

10.8 The objection included themes 1, 2, 4, 5, 6, 7, 8, 9, 10, 11 & 14 and the Council sets out its response at section

11 below.

10.9 In addition, the objector raised a query regarding an accessible car parking space outside the Order Land

which they believe is affected by the Scheme. The Council is not aware of any accessible parking spaces

affected by the Scheme but has been in contact with the objector to discuss this further.

John Bigwood, Appt 22, Grove Hill House (Plot 18)

10.10 The objection included themes 1, 2, 4, 5, 6, 7, 8, 9, 10, 11 & 14 and the Council sets out its response at section

11 below.

10.11 In addition, the objector raised a query regarding an accessible car parking space outside the Order Land,

used by their wife, which they believe is affected by the Scheme. The Council is not aware of any accessible

parking space affected by the Scheme but has been in contact with the objector to discuss this further.

BNP Paribas as Trustees of the Metro Property Unit Trust, The Great Hall (Plots 1, 2, 3 & 4)

10.12 The objection included themes 1, 5 & 6 and the Council sets out its response at section 11 below.


10.13 In addition, the points raised by BNP that are specific to the Great Hall are as follows, together with the

Council’s response. The Order does not include any part of the Great Hall Arcade building, apart from the

basement under the service road, but does include the service yard (Plot 1), 40 car parking spaces in the

Great Hall car park (Plot 2) and the rear access road (Plot 4).

The Council has not demonstrated that the acquisition of this property is necessary and preferable to other

locations, and that all the land is required.

10.14 As set out at para 2.71 onwards of this document, the Council has considered alternative options to achieve

its objectives. The Council considers that there is no reasonable alternative to the Scheme, and therefore the

Scheme location, including acquisition of the property required, is the best way of delivering their objectives.

The Council has considered the siting and orientation of the buildings with a view to minimising the impact

on Calverley Grounds and to minimise the land that will need to be acquired. The Council considers that the

current design best achieves this as there is only a small encroachment onto Calverley Grounds and the

development is mainly within the current footprint of the two Council owned car parks, plus the Lodge,

which is now owned by the Council.

It has obtained planning permission for this proposed Scheme (CDB.16) and is satisfied that all the land and

rights within the Order are necessary to deliver the Scheme.

Impact of Scheme on tenants and operational function of the property.

10.15 The objection sets out a number of concerns regarding the practical impact of the Scheme, both during

construction and once it is completed, on the occupying businesses within the property. These include

potential negative impact on the operation of tenant businesses and impact on livelihoods of the business

owners and employees.

10.16 The Council has been in discussion with the Objector since June 2016, as set out in para 9.16 above and is

keen to work with the Objector and their tenants to minimise any impact on these businesses. In order to

achieve this, the Council has agreed, or is working to agree, the following practical matters with the

Objector and their tenants.

Car Parking

10.17 The Council is in discussion with the Objector about the re-provision of the 40 car parking spaces, both

during construction and post construction. During construction the Council is proposing to provide 40 spaces

at the Torrington Road car park for the Objector’s tenants.

10.18 Post construction the Council is proposing to provide 40 spaces at a combination of the Torrington Road car

park, the theatre yard and the new car park to be constructed as part of the Scheme to the Objector’s

tenants.

Service Road

10.19 The Council will need to acquire the service road at the rear of the Great Hall. Vehicular access over this

road will not be possible during construction. During construction works the Objector and its tenants will

have access both in and out from Mount Pleasant Road, over Mount Pleasant Avenue (by Sainsbury's). There


will be a dedicated double yellow line loading area on Mount Pleasant Road at the front of Sainsbury’s for

the use of all Great Hall tenants.

10.20 Pedestrian access will be available to the rear of the Great Hall Arcade, as too will all existing fire exits.

10.21 The Council will grant rights to the Objector to use the rear service road post construction. Therefore after

the development is complete the Objector will have access in from Mount Pleasant Road, over Mount

Pleasant Avenue (by Sainsbury's) and over the road to rear of Great Hall Arcade. Access out will be south

over the road to the rear of Great Hall Arcade, then over Mount Pleasant Avenue to the east of Grove Hill

House, to Grove Hill Road.

10.22 The Council considers that this will provide the Objector and their tenants with an equally effective access

road following completion of the works. The Council is in discussion with the tenants at the Great Hall to

ensure that the proposed access arrangements meet their requirements and does not foresee any reason

why this agreement will not be reached.

10.23 The Council is in continuing discussions with the Objector and hopes that agreement can be reached on all

issues affecting the Objector and its tenants.

Acquiring authority has not sufficiently attempted to negotiate and use of compulsory purchase is

premature

10.24 As set out at paragraph 9.16, the Council has been in discussions with the Objector since July 2016 and has

made genuine efforts to reach agreement with the Objector. Good progress has been made, and the

Council will continue discussions in an attempt to reach agreement.

Hoopers Limited and Parkstone Limited, Hoopers Department Store 2-12 (evens) (plot 1919)

10.25 The Order does not seek to acquire any freehold property from Hoopers / Parkstone. The Order only seeks to

acquire a right of access over the Hoopers car park (Plot 19) as set out in the Order Schedule.

10.26 The points raised by Hoopers Limited and Parkstone Limited are set out below.

Inadequate consideration for alternatives for the servicing of the new theatre.

10.27 The Objector suggests alternative access arrangements such as moving the location of the theatre to the

east, or acquiring additional land at the rear of 14-18 Mount Pleasant Road. This was set out in Lambert Smith

Hampton’s letter to GVA dated 21 December 2017.

10.28 The Council has carefully considered the design, location and access requirements for the Scheme, and

considers the current Scheme provides the most suitable approach, minimising third party land and rights

acquisition, and minimising impact on surrounding areas.

The proposed layout of the Scheme is grossly inadequate in terms of access and servicing.

10.29 The Objector raises concerns over the adequacy of the theatre access and servicing arrangements.


10.30 As set out in paragraph 8.9 of the Statement of Reasons (CDA.05) the Council has worked with an

experienced professional team to date and will continue to work with this team through to delivery. This

team included both specialist theatre architects and transport consultants, and the proposed design and

access arrangements reflect their advice.

10.31 Within the Head of Planning Service’s report (CDB.14) she considers design at para 2.36, and access

arrangements at para 10.265-10.312. The Head of Planning Services recommended approval of the Scheme

based on the proposed theatre design and access arrangements.

10.32 The key driver of the access strategy for the proposed theatre was to create a strong pedestrian route

between Calverley Grounds and Mount Pleasant Road. This was the main reason why potential alternative

servicing routes, including the one suggested by Hoopers (in and out for all vehicles via The Approach), were

discounted during the design development stages.

10.33 The Council is satisfied that the theatre design and access arrangements are the result of a robust process,

carried out by specialist professionals, and are the best option available.

Disproportionate Impact on the operation of Hoopers

10.34 The Objector considers the Scheme will have a disproportionate impact on the operation of Hoopers

Department store.

10.35 The Council has sought to minimise the impact on all adjoining owners and occupiers, including Hoopers. No

land will be acquired from Hoopers and none of their car parking spaces will be lost. The only impact will be

the acquisition of a right of way through Hoopers yard and car park.

10.36 There are four types of vehicle that are likely to need access through Hoopers car park:

10.36.1 Heavy goods vehicles to service theatre productions (exit only)

10.36.2 Daily deliveries (mainly vans);

10.36.3 Refuse vehicles; and,

10.36.4 Vehicles visiting the Stage Door

10.37 The HGV movements will mainly occur when a production is or leaving and therefore these movements will

not be daily and are more likely to be weekly.

10.38 The daily deliveries are expected to involve about eight vehicles per day. Some may be within and some

outside Hoopers main trading hours.

10.39 Refuse vehicles will visit up to 5 days per week.

10.40 The number of vehicle movements through Hoopers car park has been carefully considered and will be

limited to those servicing the theatre or jointly servicing the theatre only. Use of the access right will be

managed via the Theatre Delivery and Servicing and Management Plan. A draft has been prepared

(CDB.12) and this will be discussed with Hoopers and finalised and approved by the Council as Local


Planning authority (condition 44 of the decision notice) prior to opening of the theatre. . The Council

therefore considers the impact of the Scheme on the operation of Hoopers to be limited, and not

disproportionate. The Council is keen to continue discussions with Hoopers to reach agreement on the

functioning of this access route. The council also seek to install new or mutually operable security barriers to

either end of Hooper’s Car park.

The Council needs to provide substantive information as to the sources of funding and funding timescale.

10.41 In section 8 above the Council states that it intends to fund and deliver the Scheme, and that this would be

funded from Borough Council funds and potentially from borrowing to be obtained from the Public Works

Loan Board (PWLB). This approach was approved at full Council meeting 6 December 2017 (CDA.01), and

the Council is satisfied that its funding strategy is robust and appropriate. For further information on the

funding of the Scheme, please see theme 6 of section 11 below and para 8.18 onwards above.

The rate of funding used to assess the viability of the project was changed between Stage 2 and Stage 3

10.42 The Council has taken expert professional advice from its own officers and externally, and has had its

approach to the Scheme independently reviewed by CIPFA. It is satisfied that the funding strategy is

deliverable and the approach to financial planning is extremely prudent for the Scheme (para 8.23 above.)

Challenge to sale price for existing Civic Centre

10.43 The Objector raises doubts that the stated sale figure of £9m for the sale of the existing civic complex is

realistic within the timescales required.

10.44 The Council has taken expert advice on the sale price for the existing Civic Complex and has based the

assumptions made on that advice.

Costs

10.45 The Objector has raised concerns regarding the business plan for the Scheme, including whether all

necessary costs such as demolition and future maintenance are included, as well as potential future subsidy

requirements.

10.46 The Council has worked with an experienced professional team on developing this project, and will continue

to work with experienced professionals to deliver the project (para 8.9 above).

10.47 As set out at para 8.17 above, the Council has undertaken a rigorous assessment of the cost involved in

delivering the Scheme and the income receivable from the Scheme, preparing both a business plan for the

theatre and the combined Scheme. It has assessed the overall costs and benefits of the Scheme to the

Council budget, including any subsidy required, and is satisfied that it is appropriate to proceed with the

Scheme (para 8.19).

10.48 At a Full Council meeting on 6 December 2017, the Council approved a funding strategy for the Scheme.

Budget allocation of £4m for "Other Development Costs" which includes for all costs associated with CPO

compensation is woefully inadequate.


10.49 The Council has commissioned GVA to provide an estimate of the total statutory compensation cost. GVA is

experienced in providing such estimates and the Council is confident that its budget is realistic.

Impact on Borough Council deficit.

10.50 The Objector has raised concerns regarding the Council’s deficit on provision of services in the statement of

accounts, and the assumptions used in the funding strategy for the Scheme in relation to future Council

budget requirements. In addition, the Objector raises concerns about the Council’s compliance with the

Prudential Code.

10.51 In 2017/2018 the Council generated an operational surplus of £1.451m which was transferred to reserves.

There is no deficit in the services budget.

10.52 The Council has taken expert professional advice from its own officers and externally, and has had its

funding strategy independently reviewed by CIPFA as set out in para 8.23 above. It is satisfied that the

funding strategy for the Scheme is robust and appropriate,

10.53 The Council is satisfied that it is acting prudently and appropriately. This is reinforced in the CIPFA report in

para 3.8.6 that states ‘Based on the work done, the proposed plans are in line with the current Prudential

Code and the likely changes that will be introduced from 2018/19 which is to be commended.’

There is uncertainty as to the public benefits of the project.

10.54 The Council has taken specialist advice on the form of the Scheme and the uses within the Scheme in order

to ensure delivery of economic benefits to the town centre.

10.55 The Council’s Economic Strategy (CDD.02) sets out the difficulties faced by small and medium companies in

finding good quality office space in the town centre (para 2.27 above) and the Town Centre Office Study

(CDD.06 ) provides further evidence of the concerns raised in respect of office space within the town centre

(para 2.29 above).

10.56 The Council commissioned a report (CDD.05) on the wider economic benefits of the Scheme, and the

summary of these is set out at para 6.14 – 6.26 above. As set out at para 6.27, the Head of Planning Services

assessed the economic benefits of the Scheme (section 10.104 and 11.10-11.12 CDB.14) and was satisfied

regarding the economic benefits of the Scheme.

There has been inadequate prior engagement with Hoopers.

10.57 Within their objection, the Objector raised concerns over the lack of engagement with Hoopers, changes to

the Scheme over the period since June 2016, and inadequate examination of alternative options.

10.58 As set out in the objection, and at para 9.10 above, the Council has been in discussion with Hoopers since

June 2016. Over this time period, the Council has sought to explore various options in terms of property

acquisition and acquisition of rights in relation to Hoopers’ property, including discussions on alternatives

which minimise impact on the property.


10.59 The Council has examined Hoopers’ proposals carefully and endeavoured to provide information when

requested. However, as set out at para 2.71-2.74 of the Statement of Reasons (CDA.05) the Council

considers that there is no reasonable alternative option to the Scheme. The Council has carefully considered

all third party land and rights within the Order and is confident that these are required to deliver the Scheme.

10.60 The Council will continue to discuss the Scheme with Hoopers in an attempt to reach agreement.

Sunniva Carpeting Limited, Unit 12 The Great Hall Arcade (Plots 1, 2, 3 &4)

10.61 The objection is submitted by a tenant of the Great Arcade, and a number of the objections raised are

similar to those set out in paras 10.15 to 10.22 above, dealing with the objection submitted by the owner of

the property, BNP Paribas as Trustees of the Metro Property Unit Trust.

10.62 The Order does not seek acquisition of the retail unit, only the access road to the rear of the property.

CPO would result in loss of access.

10.63 The Council will need to acquire the service road at the rear of the Great Hall. Vehicular access over this

road will not be possible during construction.

10.64 During works the Objector will have access both in and out from Mount Pleasant Road, over Mount Pleasant

Avenue (by Sainsbury's). There will be a dedicated double yellow line loading area on Mount Pleasant Road

at the front of Sainsbury’s for the use of all Great Hall tenants.

10.65 Pedestrian access will be available to the rear of the Great Hall Arcade.

10.66 The Council will grant rights to the Objector to use the rear service road post construction. Therefore after

the development is complete the Objector will have access in from Mount Pleasant Road, over Mount

Pleasant Avenue (by Sainsbury's) and over the road to rear of Great Hall Arcade. Access out will be south

over the road to the rear of Great Hall Arcade, then over Mount Pleasant Avenue to the east of Grove Hill

House, to Grove Hill Road.

CPO would result in a temporary loss of light through the raising of hoardings.

10.67 The Council, through its Construction Management Plan (para 11.65 below; CDB.13) will endeavour to

minimise the height or shading of hoardings along Sunniva’s doors / windows.

Loss of customer parking

10.68 There will be a loss of parking at Great Hall Arcade during construction as the Great Hall car park will be

demolished. Parking will be available at other Council car parks. After construction there will be new parking

in the car park below the new Council offices on the site of the existing Mount Pleasant car park. As set out

in paragraph 11.61 below, the Council will be working to minimise the impact of temporary loss of parking

during construction

Loss of customer access to the rear of Unit 12


10.69 Vehicular access to the rear will not be possible during construction, but pedestrian access will be

maintained to the unit via Mount Pleasant Road and through Great Hall Arcade.

10.70 As stated at para 10.18 above there will be a loading bay on Mount Pleasant Road adjacent to Sainsbury’s.

10.71 The Council understands that the dedicated double yellow line loading area on Mount Pleasant Road at the

front of Sainsbury’s is acceptable to the Objector.

Loss of bin areas to store and for the collection of rubbish

10.72 The Council is working to provide a temporary bin store area on the north side of the Great Hall for use

during construction.

10.73 After construction bins stores will return to the service yard as they are now.

No negotiation from the Council

10.74 The Council met the Objector in June and July 2018 to discuss how Sunniva’s access can be maintained

during construction. The Council will continue to discuss the practical issues regarding the temporary bin

store and potential impact on light, as set out above.

Una and Reg Bandy, Appt 23 Grove Hill House (Plot 18)

10.75 The objection included themes 1, 6 & 7 and the Council sets out its response at section 11 below.

10.76 The other points raised are as follows.

Lack of knowledge of the Scheme in 2014

10.77 The Objector bought the property in January 2014. The Objector states that there must have been

clandestine discussions about this project at that time that should have been made public.

10.78 The Council has progressed this project based on adopted policy, democratic Council decision making and

following extensive public consultation. The policy background for the Scheme is set out in section 2 of the

Statement of Reasons (CDA.05) and the consultation summary is set out at para 2.52 of that document. A

chronology of decision making is set out at para 2.65.

10.79 Cabinet first approved investigating the potential provision of a new theatre in Tunbridge Wells in October

2014 and feasibility work on this project then commenced in 2015. The Council is satisfied that it has acted in

an appropriately open and transparent way.

The theatre building will be in close proximity to the Objector’s property and will restrict light and views from

their balcony.

10.80 The theatre building will be approximately 7m at its closest point and 16m at its furthest point at ground level

minimum from the northern façade of Grove Hill House once built. . It is possible that there may be a

reduction in light to the Objector’s property following completion of the Scheme. If there is a loss of light

resulting in diminution in value, statutory compensation will be payable to the Objector, and the Council will

discuss this further with the Objector at the appropriate time.


Melanie Norris, 17 Grove Hill House (Plot 18)

10.81 The objection included themes 1, 2, 3, 5, 6, 7, 8, 9 & 11 and the Council sets out its response at section 11

below.

10.82 A further point raise by the Objector is the potential for a negative impact on Hoopers from the Scheme. This

is dealt with in relation to Hoopers objection at paras 10.24 to 10.62 above.

Grove Hill House Residents (c/o Robert Chris), Grove Hill House (Plot 18)


Robert Chris, 20 Grove Hill House (Plot 18)

10.84 The objection included themes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 & 11, 13 and the Council sets out its response at

section 11 below.

Nicholas de Maid, Grove Hill House (freeholder) (Plot 18)


Dr Simon Azimi (iSmile Dental), The Lodge (Plot 6)


10.87 The Objector specific points raised are as follows.

Demolition of the property is not required, and if demolished, this would be contrary to planning policies EN4

and EN5. The Objector also states that the Council has not adequately considered alternatives to the

scheme which retain his property.

10.88 As set out at para 2.27-2.73 of the Statement of Reasons (CDA.05), the Council has considered alternative

options and considers that there is no reasonable alternative option to deliver the Council’s objectives.

10.89 The Council has carefully considered the land and rights within the Order required to deliver the Scheme,

and is satisfied that the subject property is required to deliver the Scheme.

10.90 The demolition of the building and its relationship to planning policy were fully considered at the planning

application stage (10.145-10.148 of the Officer’s report; CDB.14) and planning permission for the Scheme

(CDB.16) was granted.

Limited negotiation undertaken with Dr Azimi to date with little assistance offered in trying to assist the

Business with relocation.

10.91 As set out at para 9.25 of the Statement of Reasons, and updated at para 9.25 of this document,

negotiations with the Objector have been underway for over 2 years. The first meeting with Dr Azimi was in

June 2016 and discussions have continued since then. The Council has paid for Dr Azimi to appoint a local

agent to search for alternative premises for him, and continues to discuss his relocation requirements. The


Council will continue to work with Dr Azimi and his professional advisers to assist in identifying and securing

relocation premises.

The proposed Order is also an infringement of Dr Azimi’s human rights under the Human Rights Act 1998. The

Secretary of State must consider whether, on balance, the case for compulsory purchase justifies interfering

with the human rights of the owners and occupiers of the Order Land.

10.92 As set out at section 10 of the Statement of Reasons (CDA.05) the Council has carefully considered the

impact of the Order on the Convention Rights of those whose interests will be affected by the Order. The

Council concludes at para 10.7 that the exercise of compulsory purchase powers in this case is justified in the

public interests, authorised by law, and necessary and proportionate in order to fulfil the Council’s objectives

of securing its Civic Centre Development.

10.93 At para 10.15, it therefore states that it believes that in making the Order it has struck a fair and

proportionate balance between the interests of those whose Convention Rights will be affected and the

wider public interest.

Sainsbury's, Units 1-6 Great Hall Arcade (Plot 1, 2, 3 &4)

10.94 The points raised by Sainsbury’s are:

The proposals impact upon and undermine the access for deliveries to SSL's store which is operated as a

food retail outlet.

10.95 Sainsbury’s state that deliveries will not be able to continue during construction works and that the Council

has not addressed these concerns.

10.96 Delivery access will need to change during the construction works. The Council has confirmed that delivery

access for Sainsbury’s will be maintained throughout this period. The Council has been in discussion with

Sainsbury’s since July 2018 and the location for a loading bay has been agreed between the Council,

Sainsbury’s and other occupiers of the Great Hall Arcade. The location has been agreed in principle with

Kent County Council (as highways authority) and a new Traffic Regulation Order is being consulted upon

currently with a view to implementing the loading bay in advance of the start of construction highway

works.

10.97 Delivery access will be maintained throughout the construction period.

Other elements of the Scheme proposal will additionally adversely impact on the operation and trading of

the Store.

10.98 The Council does not consider there are any other elements of the Scheme which will additionally adversely

impact Sainsbury’s, and Sainsbury’s have not identified any further impacts either within their objection or in

the wider discussions undertaken.

BBC, 1st and 2nd Floor Offices, Unit 2-4 part Basement and Ground floor, Unit 6 Basement and art ground

floor, associated parking spaces, The Great Hall Arcade (Plots 1, 2, 3 &4)


10.99 No part of the BBC leased offices and studios are to be acquired by the Order. The Order will only acquire

the 28 leased car parking spaces within the Great Hall Arcade car park and the access road to the rear of

the property. The points raised are as follows.

Noise levels during construction.

10.100 The Objector has raised concerns regarding levels of noise and vibrations that would result from the

construction activity on the site, both of which could individually and collectively permeate into the facility

and interfere with inside-the-studio operations.

10.101 The Council is aware of the BBC’s concerns and has been in discussion with BBC to identify how the noise

and vibration risk can be managed. The Council is working with its building contractor, Mace, as part of the

Construction Management Plan (CDB.13; Section 5) below to ensure that the potential for disruption to the

BBC’s operations is managed. The first draft of the CMP is expected in early 2019 and this will be discussed

with the BBC.

10.102 The Council also intends to continue its discussions with the BBC before the draft CMP is produced to explain

the process for producing the CMP and the information that the Council and Mace currently have about

how construction impacts will be mitigated.

Dust pollution

10.103 The BBC is concerned with the potential for dust pollution to cause health complications for their staff and for

the many visiting contributors that attend the facility.

10.104 The Council is aware of the BBC’s concerns and has been in discussion with BBC to identify how the dust

pollution risk can be managed. The Council is working with its building contractor, Mace, as part of the

Construction Management Plan (CDB.13; Section 5) below to ensure that the potential for disruption to the

BBC’s operations is managed.

Loss of Great Hall Arcade Car Park

10.105 The objection states that Great Hall car park is critical to the BBC's operations, as the vast majority of staff

and visitors contributing to various broadcasts, visit by car. They consider this is a matter of safety (with visitors

using the car park at all hours of the day and morning) and operational viability (by way of proximity of the

parking to the studios), and they consider loss of these car parking spaces a concern both during

construction and following completion of the Scheme.

10.106 The Council is in discussion with the Objector about the re-provision of car parking spaces, both during

construction and post construction. During construction the Council is proposing to provide spaces at the

Torrington Road car park, which is a three minute walk from the Great Hall. Post construction the Council is

proposing to provide spaces at a combination of the Torrington Road car, the theatre yard and the new car

park within the Scheme. Good progress has been made in these negotiations and the Council does not

foresee any reason why agreement will not be reached.

The BBC does not consider that the Acquiring Authority has endeavoured to negotiate with it so as to avoid

a compulsory purchase order being made as required in Government Guidance.


10.107 As set out in para 9.18 of the Statement of Reasons (CDA.05) and updated in this document (para 9.18) the

first meeting between the Council and the BBC took place in June 2016. Since then discussions have

continued, and the Council has made genuine efforts to resolve the Objector’s concerns. The Council is

satisfied that it has complied with Government Guidance.

Alternative options

10.108 The Objector states that the BBC is not aware that the Acquiring Authority has endeavoured to identify an

alternative location for the development, accommodation works to ameliorate the impact of the

development on the Property or alternatively, new premises for the BBC to operate its broadcasting

operation from despite being alerted to the BBC's concerns in February.

10.109 As set out at para 2.270-2.73 of the Statement of Reasons, the Council has considered alternative options

and considers that there is no reasonable alternative option to deliver the Council’s objectives.

10.110 The Council has carefully considered the land and rights within the Order required to deliver the Scheme,

and is satisfied that the subject property is required to deliver the Scheme.

10.111 As set out in para 10.118 to 10.125 above, the Council is working with the BBC to ensure their concerns over

noise, vibration, dust and loss of car parking spaces are resolved, which will allow the BBC to remain in

occupation at the Great Hall both during construction and following completion of the Scheme.

Cycle Parking

10.112 The objection states that the BBC would welcome increased cycle parking being made available to staff.

10.113 The BBC state that the permitted Scheme does not include any cycle parking, and they would welcome

provision of cycle provision for their staff and the general public.

10.114 Condition 36 of the planning permission provides that prior to first occupation of any part of the buildings

hereby approved, details of how public art will be incorporated within the development (to include, but not

limited to, the potential water feature and the provision of 'Wiesbaden' stainless steel cycle stands on the

adjacent highway).

10.115 Condition 51 of the planning permission provides that prior to the first occupation of any building hereby

approved, cycle parking facilities to serve that building shall be provided in accordance with the submitted

details (unless written approval has been given by the local planning authority to an alternative

arrangement) and such facilities shall thereafter be retained.

Inadequate proposed compensation budget.

10.116 The Objector considers that the compensation budget is inadequate, particularly if the BBC needs to

relocate due to the Scheme.

10.117 As set out in paragraph 10.123 to 10.128 above, the Council is working with the BBC to ensure their concerns

over noise, vibration, dust and loss of car parking spaces are resolved, which will allow the BBC to remain in

occupation at the Great Hall both during construction and following completion of the Scheme.


10.118 The Council has commissioned GVA to provide an estimate of the total compulsory purchase compensation

cost. GVA is experienced in providing such estimates and the Council is confident that its budget is realistic.

Scheme not in the public interest and cannot justify the potential loss of the BBC’s operation in the area.

10.119 As set out at para 6.38 of the Statement of Reasons (CDA.05) the Council believes that there is a compelling

case in the public interest to justify the making and confirmation of the Order.

Ingrid Pope, Grove Hill House (Plot 18)

10.120 The objection included themes 1, 2, 4, 5, 6, 7, 8, 9 & 11, 13 and the Council sets out its response at section 11

below.

Kathy Cooper, Grove Hill House (Plot 18)

10.121 The points raised are as follows.

Removal of access

10.122 The Objector states that the Council is taking away access to Grove Hill House, which will be ring fenced on

all sides.

10.123 Access to Grove Hill House will be maintained both during development works and after the project is

completed, as Grove Hill House will still have its main access off Grove Hill Road.

10.124 To deliver the Scheme, the Council will use its compulsory purchase powers to extinguish any right of way

over Mount Pleasant Avenue on the north, east and south sides of the Great Hall car park but this will not

prevent access to Grove Hill House from Grove Hill Road.

Noise, dust and dirt from the development.

10.125 The objection raises concerns regarding the impact of noise, dust and dirt during the construction period.

10.126 The Council recognises this concern, and prepared a draft Construction Management Plan (CDB.13) which

was submitted as part of the planning application. Section 5 of the draft CMP includes a series of measures

that will be implemented to reduce the impact of temporary construction activities.

10.127 The Construction Management Plan will also include a Construction Traffic Management Plan, to minimise

impact, particularly at peak hours.

10.128 The Council and their contractor will be required to agree a final Construction Management Plan prior to

commencing works, and this will be monitored over the construction period.

There is no proper access to the project.

10.129 The Council, as part of the design process, has considered access to the Scheme and traffic impact, and

has taken expert advice on this issue. The Transport Assessment (CD5) addresses the potential for congestion

and concludes that the proposal will result in a redistribution of vehicle movements and a slight increase in

two-way vehicle trips but that there will be a negligible change on the highway network.


10.130 The Officer’s report (CDB.14) identifies at Paragraph 7.28 that Kent County Council in their role as highways

authority has no objection to the Scheme and in Paragraph 10.264 that the “new development can be

accommodated at the major junctions within the existing town centre road network without adversely

affecting the safe and free flow of traffic or other road users… In addition, the imposition of conditions,

including the provision of a Travel Plan, and the financial commitment towards encouraging sustainable

travel behaviours, would comply with Core Strategy Policies CP3 (3) and CP9 (8)”.

10.131 Vectos, the Council’s expert transport adviser, is confident that the proposed access to the development is

appropriate.

Concern that the Council will start the project and then leave a half built scheme as an empty shell.

10.132 The objection raises concern that the project will not be completed due to financial pressures.

10.133 The Council has worked with an experienced professional team on developing this project, and will continue

to work with experienced professionals to deliver the project (para 8.9 et seq).

10.134 As set out at para 8.17, the Council has undertaken a rigorous assessment of the cost involved in delivering

the Scheme and the income receivable from the Scheme, preparing both a business plan for the theatre

and the combined Scheme. It has assessed the overall costs and benefits of the Scheme to the Council

budget, including any subsidy required, and is satisfied that it is appropriate to proceed with the Scheme

(para 8.19).

10.135 At a Full Council meeting on 6 December 2017, the Council approved funding for the Scheme.

10.136 The Council is therefore satisfied that the Scheme costs have been adequately assessed, that the Scheme

does not create an unacceptable burden to Council finances, and that the Scheme is viable and

deliverable. This is supported by the specific independent reviews by CIPFA and Grant Thornton, in addition

to the Annual Audit Letter 2017/18 prepared by Grant Thornton. CIPFA in their report highlight that even after

the planned investment in 2022 the Council’s external debt will not be unusual compared to other district

councils.

The Council should hold a referendum or public meeting.

10.137 As set out at para 2.52 of the Statement of Reasons (CDA.05), the Council has undertaken wide consultation,

including a number of public meetings, since 2015. The Scheme is based on adopted Council policies (para

2.3-2.5) which were themselves subject to widespread public consultation and a chronology of democratic

decision making by the Council is set out at para 2.65.

10.138 The Council is satisfied that adequate consultation has been undertaken and there is no need for a

referendum in this matter. Indeed at Full Council 26 July 2017 consideration to a referendum was made. A

Councillor presented the following motion to Council:

“Before Tunbridge Wells Borough Council's Full Council takes the final decision on the Civic Complex Development (to build a new town hall, offices and theatre), Tunbridge Wells Borough Council will hold a borough-wide local referendum on this matter.”


10.139 After a lengthy debate a recorded vote was taken with 25 Councillors voting against the motion, 8

Councillors voting for the motion and 4 Councillors abstaining. The motion for a referendum was therefore

rejected (relevant pages 16-18 of the minutes) [CDA.10].

11. The Council’s Response to non-statutory Objectors

and to non-Objector Specific Grounds

11.1 This section sets out the Council’s response to grounds of objection raised by a number of statutory

Objectors, and all of the non-statutory Objectors. Therefore, as set out in paragraph 10.2 above, the Council

has grouped these into themes, and responded to these themes below.

11.2 Of the non-statutory Objectors, 116 submitted objections in the same or substantially the same form.

11.3 The Council has collated a response to all non-statutory Objectors which addresses the themes set out in

their objection, and the Council’s responses, as set out below. The Council has emailed or posted a copy of

the response document to all non-statutory Objectors, depending on the form in which their objection was

received]. The Council will place a copy of the collated response on its website, and in the public places

identified at paragraph 16 of the Statement of Reasons, and notified all non-statutory Objectors how they

can access this document.

Theme 1 - There is no compelling case for the Scheme

11.4 A number of Objectors consider there is no compelling case for the Scheme, it is not wanted or justified, and

the Scheme does not address the town’s more immediate priorities such as homelessness.

11.5 The Council has set out its reasoning for pursuing the Scheme in the Statement of Reasons for the Order. It

summarises its reasoning and how the Scheme meets the required tests at section 6 of the Statement of

Reasons, and concludes at para 6.36-6.39 that there is a compelling case in the public interest to

proceeding with the Scheme.

11.6 Para 2.18 to 2.24 of this Statement of Case explain why there is a need for new office accommodation and

civic functions.

11.7 Paragraphs 2.41 to 2.43 of this Statement of Case explain why there is a need for a new theatre in Tunbridge

Wells.

11.8 The social, economic and environmental benefits of the Scheme are set out in Paragraphs 6.11 to 6.27 of this

Statement of Case. The Council is satisfied that the Scheme is justified, and that a compelling case in the

public interest for confirmation of the Order.

11.9 Progressing with delivery of the Scheme will not prevent the Council with addressing other priorities and

responsibilities such as homelessness.

Theme 2 – Scheme’s impact on the town


11.10 A number of Objectors have raised concerns that the Scheme is not part of a coherent town plan, that it will

alter the character of the town, and that it will have a negative impact on Calverley Grounds and other

heritage assets.

11.11 The Scheme is in accordance with the Development Plan as a whole and the Civic Development Planning

Framework prepared to guide development on site, (para 2.57 CDC.06) and the Scheme delivers the

Council’s Corporate Objectives for the town centre as set out in the Council’s 5 year plan (CDD.03) .

11.12 During the planning process, the Council as local planning authority considered the impact on Calverley

Grounds. At para 11.28 of their report (CDB.14), the Head of Planning Services confirms that Historic England

conclude that the Scheme causes a low level of harm which is ‘focused on the least historically significant

part of Calverley Grounds , and the contribution this makes to the Conservation Area. In addition, at para

11.22, the officer states that a high proportion of Calverley Grounds will not be affected by the proposals,

and that there would be no overall loss of publically accessible parkland. The new planting and Park

Management Plan will help to mitigate any harm. The Council is satisfied that the Scheme is a key part of

delivering its wider aspirations for the town centre as a whole, and that the overall impact of the Scheme on

the town centre will be positive.

Theme 3 - No evidence that cultural objectives of the project capable of being delivered

11.13 A number of Objectors raise concerns regarding the deliverability of the Scheme’s cultural objectives.

11.14 Paragraph 6.16 of this Statement of Case details how the project will help the Council to achieve its r cultural

objective of making Royal Tunbridge Wells a cultural hub, through the benefits gained from the new theatre.

The new theatre will enable a widening of the range of cultural activities within Royal Tunbridge Wells,

expanding the variety and quality of shows available. Paragraph 2.38 of this Statement of Case explains that

the report produced by specialist consultants Bonnar Keenlyside demonstrates how a new theatre would

help high quality shows to be attracted to Royal Tunbridge Wells.

11.15 The Officer’s report to the Council’s Planning and Environment Committee of 09 May 2018 (CDB.14) identifies

in Paragraph 10.65 that the proposals would “deliver significant cultural and social benefits, not just related

to the theatre, but as a result of the synergy between the proposed uses and the adjacent community asset

of Calverley Grounds”. The report continues and notes that the “close relationship of these elements would

help to create a successful ‘place’ in an accessible location within the heart of the town centre in

compliance with Core Strategy Policy CP9 (Development in Royal Tunbridge Wells)”.

Theme 4 - Concerns over economic benefits to the town.

11.16 A number of Objectors have raised queries over the overall economic benefits created by the project.

Specific concerns included the impact on existing businesses, lack of demand for office space to let, the

long term economic growth delivered, and the on-going subsidy required.

11.17 The Council has taken specialist advice on the form of the Scheme and the uses within the Scheme in order

to ensure delivery of economic benefits to the town centre.


11.18 The Council’s Economic Strategy (CDD.02) sets out the difficulties faced by small and medium companies in

finding good quality office space in the town centre (para 2.27) and the Town Centre Office Study (CDD.06)

provides further evidence of the concerns raised (para 2.29).

11.19 The Council commissioned a report (CDD.05) on the wider economic benefits of the Scheme, and the

summary of these is set out at para 6.14 – 6.26 above.

11.20 As set out at para 10.67 , the Head of Planning Services assessed the economic benefits of the Scheme

(section 10.104 and 11.10-11.12 CDB.14) and was satisfied regarding the economic benefits of the Scheme.

11.21 Further, at para 10.102 of the Head of Planning Service Report, it states that as well as gaining support from

Fenwick department store and the developer of the former Cinema Site the Scheme received support from

Royal Tunbridge Wells Together and the Town Centre Management Partnership (a group of 50 local

businesses), who confirmed their support for the proposals due to “their positive impact on economic growth

and their demonstration of forward thinking”.

11.22 The Council is satisfied that the Scheme will provide the stated economic benefits to Tunbridge Wells.

Theme 5 - Inadequate consideration of alternatives

11.23 A number of Objectors raised concerns that there had been inadequate consideration of alternatives, and

that refurbishment of the existing council offices and theatre should be considered.

11.24 At paras 2.70 onwards of the Statement of Reasons (CDA.05), and this Statement of Case, the Council sets

out its consideration of alternative options.

11.25 Paragraphs 2.18 to 2.26 explain why the Council does not consider refurbishment of existing civic offices will

deliver the new office accommodation and civic functions required.

11.26 Paragraphs 2.41 to 2.43 explain why the Council does not consider refurbishment of the existing theatre will

deliver the Council’s objectives for theatre provision in Tunbridge Wells.

The Council therefore considers that there is no reasonable alternative option to the Scheme to deliver the

Council’s objectives set out in the 5 year Plan (CDD.03) and Economic Development Strategy (CDD.02).

Theme 6 - Cost and Viability of the Scheme

11.27 A number of Objectors have raised concerns over both the cost of the Scheme and its viability. In particular,

they have concerns over the accuracy of cost information, the financial burden the Scheme will place on

the Council, including the potential requirement for subsidy, and the overall viability of the Scheme. In

addition, concerns have been raised concerning future maintenance costs for the Scheme and surrounding

public realm.

11.28 The Council has worked with an experienced professional team including AECOM as Cost Consultants on

developing this project, and will continue to work with experienced professionals to deliver the project (para

8.9 et seq).


11.29 As set out at para 8.17, the Council has undertaken a rigorous assessment of the cost involved in delivering

the Scheme and the income receivable from the Scheme, preparing both a business case for the theatre

and the combined Scheme. It has assessed the overall costs and benefits of the Scheme to the Council

budget, including any subsidy required. It is satisfied that it is appropriate to proceed with the Scheme

(paragraph 8.19).

11.30 As set out at para 8.23 above, CIPFA were invited by the Council to review the approach taken on the Civic

Development Project. Para 3.8.6 of the CIPFA report says: Based on the work done, the proposed plans are

in-line with both the current Prudential Code and the likely changes that will be introduced from 2018/19

which is to be commended.

11.31 At a Full Council meeting on 6 December 2017, the Council approved funding for the Scheme.

11.32 Following this meeting, and amongst other matters progressed, the Council has now appointed building

contractor Mace and architects Nicholas Hare to progress to the build stage of the project.

11.33 The Council is therefore satisfied that the Scheme costs have been adequately assessed, that the Scheme

does not create an unacceptable burden to Council finances, and that the Scheme is viable and

deliverable.

Theme 7 – Existing Civic Centre and theatre

11.34 A number of Objectors have raised concerns over the repair and condition of the existing civic centre and

theatre. Concerns have been raised that the existing civic centre and theatre have been allowed to fall into

disrepair, and that these buildings will need to be modernised prior to re-letting.

11.35 As set out in para 2.63 of the Statement of Reasons (CDA.05), the existing Town Hall and Assembly Hall

Theatre will continue to operate whilst the construction of the new theatre, office and civic centre go

ahead. The Council has therefore undertaken appropriate repair and maintenance to these buildings to

allow for that continued use and operation and is subject to continuing repair and maintenance obligations

pursuant to the Memorandum of Understanding dated 15 June 2018 entered into upon the grant of the

planning permission for the Scheme.

11.36 Once the new theatre, offices and civic centre are available, the Council proposes to sell these properties

for redevelopment. Therefore the Council will plan repairs and maintenance to ensure prudent use of public

money until the proposed sale date, and balance the requirements of maintaining these buildings against

the planned future ownership and use by the Council.

Theme 8 – Inadequate consultation with the public

11.37 A number of Objectors have raised concerns regarding the level of consultation with the public and the

amount of information which has been provided to the public as part of the consultation process, in

particular the costing information.

11.38 As set out at para 2.52 of the Statement of Reasons (CDA.05) the Council has undertaken extensive

consultation in relation to the Scheme since July 2015.


11.39 In addition, in respect of the planning application, there has been a level of pre-application community

engagement that reflects the nature and scale of the Scheme. The Planning Statement Section 6 and

Design and Access Statement (CDB.04) explained the extensive pre-application consultation in detail. Since

submitting the application, the Council also held a public exhibition to present the proposals (5th February

2018). The Planning Committee report supports the level of engagement with the public. The Council is

satisfied that it has adequately consulted on both the planning application and the wider Scheme proposals

over a period of more than 2.5 years.

Theme 9 - theatre design and vehicular access

11.40 A number of Objectors have raised concerns over the adequacy of the theatre design and the access

arrangements.

11.41 As set out in para 8.9 Statement of Reasons (CDA.05) the Council has worked with an experienced

professional team to date and will continue to work with this team through to delivery. This team included

both specialist theatre architects and transport consultants, and the proposed design and access

arrangements reflect their advice.

11.42 Within the Planning Committee report (CDB.14)consideration is given by the Head of Planning Services to

design at para 10.57, and access arrangements at paragraph 10.265 onwards The Head of Planning Services

Head of Planning Services recommended approval of the Scheme based on the proposed theatre design

and access arrangements, having considered the comments of statutory and specialist consultees in

addition to public representations

11.43 The Council is satisfied that the theatre design and access arrangements are the result of a robust process,

carried out by specialist professionals, and are the best option available.

Theme 10 - Disruption during construction period

11.44 A number of objections have been submitted raising concern over disruption during the construction period.

These include concerns over access, car parking and direct impact of construction activities.

11.45 The Council recognises this concern and prepared a draft Construction Management Plan (CDB.13) which

was submitted as part of the planning application. The Planning Committee report (CDB.14)states in

Paragraph 10.497 that a “draft Construction Management Plan has been submitted, which includes details

of matters such as transport and traffic (including showing potential routes for construction vehicles to follow

between the on-site and off-site compound); and environmental impacts, including ecology, tree

protection, landscape management, earth removal, surface water management, noise and vibration, air

quality, dust control, light pollution, ground settlement, waste management and archaeology. Section 5 of

the draft CMP includes a series of measures that will be implemented to reduce the impact of temporary

construction activities”.

11.46 The Construction Management Plan will also include a Construction Traffic Management Plan, to minimise

impact, particularly at peak hours. The Planning Committee report (CDB.14) states in Paragraph 10.499 that

“the applicant has stated their willingness to work with other developments to coordinate and manage


construction traffic within the town’s road network: and that the contractor would be required to register

with the Considerate Constructors Scheme and to comply with its requirements”.

11.47 The Council and their contractor will be required to agree a final Construction Management Plan prior to

commencing works, and this will be monitored over the construction period.

11.48 Vehicular access will be maintained to all properties during the construction period, although the route of

this may need to be changed in order to allow for construction works. Service access will be maintained to

the Great Hall Arcade tenants during construction via a loading bay on Mount Pleasant Road by Sainsbury’s.

11.49 The Committee report (CDB.14) identifies in Paragraph 10.496 that “construction could commence in

September 2019 and finish in December 2021. To minimise disruption, the intention is to phase the

development so that the two buildings are constructed simultaneously”.

11.50 The Great Hall car park will be demolished to allow construction of the new theatre, and although there will

be no net reduction of car parking due to the Scheme (para 4.13-4.16 above), there will be a temporary

reduction of car parking during the construction period.

11.51 The tenants of the Great Hall who use 40 spaces within the Great Hall car park will be provided with

alternative replacement parking at the Council’s Torrington Road car park.

11.52 Using the Construction Management Plan (CDB.13) and Construction Traffic Management Plan and

temporary car parking arrangements set out above, the Council is satisfied that impact during construction

can be satisfactorily mitigated.

Theme 11 – Impact from development in use

11.53 A number of objections have been submitted relating to the impact of the development once completed.

Concerns raised include noise impact of the theatre and wider Scheme, highways and traffic congestion,

including at the junction of Mount Pleasant Road and Grove Hill Road and flooding risk.

11.54 The Council recognises the potential impact of noise from the theatre and wider completed development. It

has carried out a Theatre Noise Impact Assessment (CDB.07) and Office Noise Impact Assessment (CDB.09)

and has submitted both a Noise Management Plan (CDB.07) and a Noise Mitigation Package (CDB.07) as

part of the planning application.

11.55 The Planning Committee report (CDB.14) considers noise impact at paragraph 10.326. The Officer’s report

recognises, in Paragraph 10.382, that “the applicant proposes a Noise Management Plan and a Noise

Mitigation Package. Both of these mechanisms would be effective in mitigation of noise, but the most

effective scenario would be when both are in place”.

11.56 On this matter, the report (CDB.14) concluded in Paragraph 10.385 that the proposal would comply with

Core Strategy Policy CP5 as the development would ‘manage and seek to reduce noise pollution levels’.

Furthermore, with regard to Local Plan Policy EN1 the report stated that ‘the nature and intensity of the

proposed use would be compatible with neighbouring uses and would not cause significant harm to the

amenities or character of the area in terms of noise and vibration’ and that with reference to NPPG, any

residual harm that may result to any dwellings that choose not to take up the offer of acoustic glazing (and


mechanical ventilation) within the Noise Mitigation Policy “would be outweighed by the social and

economic benefits that would result from the proposal”.

11.57 The Council is therefore satisfied that the noise impact of the Scheme is adequately managed and

mitigated. The Council will provide further details of the Noise Mitigation Policy to affected residents at the

appropriate time.

Theme 12 - Flooding

11.58 The Council, as part of the design process, has considered flooding risk and taken advice on this matter. The

Scheme will not remove any drains other than those that service the car park and are not required for the

theatre. Storm and surface water routes will be maintained as they are.

11.59 The development will include sustainable urban drainage solutions, as required by condition 19 of the

planning permission which provides that prior to the commencement of construction works, a detailed

sustainable surface water drainage Scheme for the site shall be submitted to and approved in writing by the

Local Planning Authority.

11.60 Storm water attenuation tanks for both the new theatre and office space will restrict surface water

discharge, releasing it slowly into the public sewer at a rate far lower than the existing unrestricted

conditions. The development will therefore provide improvements to the current drainage regime and public

sewer network capacity, thereby mitigating downstream flooding issues in the future.

11.61 Over 100 metres of filter trench drainage will also be installed to help reduce surface flood water. The

Council is satisfied that the Scheme does not create any additional flooding risk compared to the existing

site.

Theme 13 - Traffic congestion

11.62 The Council, as part of the design process, has considered traffic impact, and has taken expert advice on

this issue. The Transport Assessment (CDB.10) addresses the potential for congestion and concludes that the

proposal will result in a redistribution of vehicle movements and a slight increase in two-way vehicle trips but

that there will be a negligible change on the highway network.

11.63 The Planning Committee report (CDB.14) identifies in Paragraph 7.28 that Kent County Council in their role as

highway authority have no objection to the Scheme and in Paragraph 10.264 that the “new development

can be accommodated at the major junctions within the existing town centre road network without

adversely affecting the safe and free flow of traffic or other road users”. In addition, the imposition of

conditions, including the provision of a Travel Plan, and the financial commitment towards encouraging

sustainable travel behaviours, would comply with Core Strategy Policies CP3 (3) and CP9 (8)”.

Theme 14 - Property specific issues

11.64 A number of Objectors have submitted objections which relate to property value or rights affected by the

Scheme. Specifically, these include concerns about the potential for reduction in value of nearby property,

the adequacy of the compensation budget, the impact on rights of light for adjoining properties, and lack

of negotiation with affected owners.


11.65 The Council, as part of the design and delivery of this Scheme, has taken expert advice on the impact of the

Scheme on third party property owners and occupiers. The impact on surrounding properties has been

considered as part of the overall design and planning process. The Council’s view is that a new theatre,

civic centre, public square and offices will enhance the town.

11.66 The Council will pay statutory compensation to any property owners and occupiers found to have been

affected by the Scheme. It has appointed GVA and Point2 Surveyors to assess both rights of light impact and

the statutory compensation budget, and this budget is regularly reviewed.

11.67 In addition, as set out above, the Council has agreed, or will agree, a number of measures (such as Noise

Management Plan, Construction Management Plan, Noise Mitigation Policy) to reduce and mitigate any

impact on surrounding property owners.

11.68 As set out in section 9 of the Statement of Reasons (CDA.05) and updated in section 9 of this Statement of

Case, the Council has been in negotiation with all affected property owners and occupiers prior to making

the Order, and in many cases for over 2 years.

11.69 The Council is satisfied that the compensation budget is adequate to meet its statutory obligations, and that

it has carried out adequate negotiations with third parties as required within Government Guidance

(CDA.08).

12. Human Rights

12.1 The Human Rights Act 1998 (“the Act”) incorporated into the UK domestic law the European Convention for

the Protection of Human Rights and Fundamental Freedoms (“the Convention”). Section 6 of the Act makes

it unlawful for a public authority to act in a manner which is incompatible with a Convention right.

12.2 The Convention rights engaged in the context of a compulsory purchase order are Article 1 of the First

Protocol of the Convention and Article 8 of the Convention.

12.3 Article 1 of the First Protocol of the Convention states:

“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be

deprived of his possessions except in the public interests and subject to the conditions provided for by law

and by the general principles of international law…”

12.4 Article 8 of the Convention provides:

“(1) Everyone has the right to respect for his private and family life, his home and his correspondence.

(2) There shall be no interference by a public authority with the exercise of this right except such as is in

accordance with the law and is necessary in a democratic society in the interest of ….the economic well-

being of the country…”


12.5 The Courts have recognised, in the context of Article 1 of the First Protocol of the Convention, that regard

must be had to the fair balance which has to be struck between the competing interests of those whose

rights are affected and the community as a whole.

12.6 Similarly, any interference with the Article 8 Convention rights must be in accordance with the law and must

be necessary and proportionate.

12.7 The Council has taken into account the impact of the Order on the Convention Rights of those whose

interests will be affected by the Order. In view of the background to the Order as set out in this Statement

and the compelling justification for making the Order, the Council considers that the exercise of compulsory

purchase powers in this case is justified in the public interest, authorised by law, and necessary and

proportionate in order to fulfil the Council’s objectives of securing its Civic Development programme.

12.8 The proposed Order will be consistent with Article 6 of the Human Rights Act 1998. All those affected will be

informed and advised of a right to make representations to the Secretary of State, to be heard at a public

inquiry and have a fair entitlement to compensation within the statutory provisions.

12.9 The Council has carried out extensive publication and consultation exercises on their proposals. Through

these exercises, those affected and the wider community have had the opportunity to make representations

to the Council on the Scheme proposals.

12.10 In addition, those affected by the Order will be notified of the making of the Order, and will be able to

object to the Order if they choose.

12.11 As objections have been received, a Public Inquiry will be held, where an independent Inspector, appointed

by the Planning Inspectorate, will hear the case for the Order, and any objections to the Order, before

completing their report. Under s.14(d) Acquisition of Land Act 1981, the Secretary of State has delegated

confirmation of the Order to an Inspector.

12.12 If the Inspector confirms the Order, the compulsory acquisition of the interests within the Order Land will only

be necessary if these have not yet been acquired by agreement within the timescales required to deliver

the Scheme. As explained in section 9 efforts to acquire these interests are on-going.

12.13 Further, all those whose interests are compulsorily acquired will be entitled to fair compensation, such

compensation to be determined independently by the Upper Tribunal (Lands Chamber) if it cannot be

agreed.

12.14 The Council is therefore of the view that there is a compelling case in the public interest for the compulsory

acquisition of each and every parcel of land and other interest comprised within the Order Schedule. It is

also convinced that the public interest that is to be served by the development and the wider social,

environmental and economic benefits to be realised as a result of the Scheme outweigh the necessary

interference with the private rights and interests that exist in the Order Land.

12.15 The Council therefore believes that in making the Order it has struck a fair and proportionate balance

between the interests of those whose Convention rights will be affected and the wider public interest.


13. Equality Act 2010

13.1 All public sector authorities are bound by the Public Sector Equality Duty (PSED) as set out in section 149 of

the Equality Act 2010. In exercising their compulsory purchase and related powers the Council as acquiring

authority must have regard to the effect of any differential impacts on groups with protected characteristics.

The Council has had regard to and complied with advice in paragraph 2 of the guidance issued by the

Equality and Human Rights Commission to promote equality of opportunity.

13.2 As is set out in section 7 above, the Scheme is supported by a range of planning policies both within the

Core Strategy and the saved policies from within the 2006 local plan. The Core Strategy was adopted in

June 2010, and as part of the preparation of this document, equalities impact was considered.

13.3 The Site Allocations DPD was adopted in 2016. As part of the preparation of that document, an Equalities

Impact Assessment was carried out in 2013. This found that there was no evidence that the site Allocations

DPD would have a differential impact on any person or group with protected characteristics.

13.4 When preparing and adopting the Civic Development Planning Framework SPD, the Council took account

of its PSED. For example, within the consultation responses received, concerns were raised over accessibility

and disability requirements. The Council amended the draft SPD to ensure it was clear that the SPD would

require compliance with its statutory duty in this regard.

13.5 When granting planning permission, the Council, in its role as statutory planning authority, took account of

the PSED.

13.6 The Council’s key decisions in progressing the Scheme from 2014 onwards are set out in para 2.64 above. In

making these decisions, the Council took into account the PSED, and had regard to the effect on any

groups with protected characteristics.

13.7 Within these decisions, the Council found no evidence of impact on any person or group with protected

characteristics.

13.8 Following on from the work set out above, in June 2018, the Council carried out an Equalities Impact

Assessment of the Council’s proposed use of compulsory purchase powers. Following this assessment, the

Council is satisfied that there is no evidence that the proposed use of Compulsory Purchase powers will have

an adverse impact on those people or groups with the following protected characteristics:-

• Marital or Civil Partnership Status

• Pregnancy / Maternity

• Sexual Orientation

• Religion or Belief

• Race

• Age

• Disability


13.9 The Council has, however, identified concerns over the impact of the Scheme on those with the protected

characteristics of Age and Disability.

13.10 These impacts include concern over access for those with disabilities both during construction and following

completion of the Scheme, the impact on disabled car parking, and the impact of the proposed changes

to the area on those with age related dementia.

13.11 The Council has proposed a range of mitigation measures such as ensuring the design of the new buildings

provides good accessibility, ensuring level access is maintained to Calverley Grounds throughout the project

and considering the design of access areas and car parking to ensure they are accessible and usable by all.

13.12 The Council will continue to monitor the impact of the Scheme on those people or groups with protected

characteristics both during the construction phase and once the Scheme is constructed. It will consider

further mitigation measures if required.

13.13 The Council is content that neither the proposed use of compulsory purchase powers nor the Scheme itself

will have a disproportionate impact on those people or groups with protected characteristics that is not

mitigated by the measures proposed above, and the continued monitoring of the proposals.


14. Special Considerations

14.1 There are no special considerations which apply to the Order Land.

14.2 The Council confirms that there are no listed buildings or ancient monuments within the Order Land. The Lord

Dowding Memorial (a non-designated heritage asset) is within the Order Land and will be affected by the

Scheme. The memorial will be relocated as part of the Scheme, but will be preserved and re-situated at an

alternative location within Calverley Grounds.

14.3 As set out in paragraph 3.2 above the listed Calverley Grounds is partly within the Order Land, and will be

affected by the Scheme. If the area of the underground car park is excluded, the amount of land within

Calverley Grounds that is affected is approximately 1,007sqm, which represents 2.18% of Calverley Grounds.

This includes The Lodge and the public toilets.

14.4 Planning permission for the Scheme, which includes the works required within Calverley Grounds, has been

obtained and in considering the planning merits of the proposals the comments of statutory heritage

consultees were taken into account

14.5 There is no land within the Order Land which is owned by the National Trust, and the Council is not proposing

to acquire any land owned by another public authority.

14.6 There is no open space within the Order Land, and no part of the Order Land forms part of a common, fuel

or field garden allotment. A small area of open space, forming part of Calverley Grounds, will be required to

deliver the Scheme, and has been appropriated for planning purposes (see 15.2 below).

14.7 The Order acquires rights to work on or enter onto land adjacent to an electricity sub-station operated by

South Eastern Power Networks / UKPN at Mount Pleasant Avenue. The works proposed will not affect the

functioning of the sub-station, and the Council will appoint UKPN to undertake all works within this sub-

station. Design detailing, programme and sequencing are underway with UKPN.

15. Associated Consents and Approval

15.1 The following associated consents and approvals are required to deliver the Scheme.

Appropriation

15.2 In order to deliver the Scheme, the Council has appropriated the land within its ownership for planning

purposes. The timetable for this is set out below.

21 June 2018 – Notices erected.

6 July 2018 (midnight) – Consultation period ended.

13 July 2018 – Council review period ended.


19 July 2018 – Council published officer’s report.

26 July 2018 – Appropriation effective.

Traffic Regulation Orders

15.3 As set out in paragraph 8.25 above, Traffic Regulation Orders are required to deliver the Scheme.

15.4 The Traffic Orders required to deliver the Scheme are the responsibility of the main contractor Mace, via its

transport consultant, Vectos. Working with Mace, the Council will ensure the programme for delivery of these

Orders will fit within the main project delivery programme, and will not be an impediment to the Scheme.

The Council will also use a Traffic Regulation Order to create the loading bay on Mount Pleasant Road by

Sainsbury’s for use by Great Hall tenants during construction. This is out for consultation and will go to the

Joint Transport board in January.

Other Consents

15.5 The following additional consents are likely to be required.

• Hoarding Licence • Temporary footpath closure • Section 278 Highways Act 1980 • Parking Suspensions

15.6 Parking space suspensions are likely to be required along Mount Pleasant Avenue (Circa 7no spaces) for the

duration of the works. This is to enable the Council’s building contractor, Mace to work along the edge of

the site, but to maintain vehicle access along Mount Pleasant Avenue.

15.7 The Council does not foresee any reason why any of these consents will not be obtained within the

timescales required.


16. Conclusion

16.1 The 2018 Guidance sets out guidance for acquiring authorities regarding the making and confirmations of

compulsory purchase orders. This includes key policy tests which the Secretary of State will expect to be

satisfied before a compulsory purchase order is confirmed. In this instance, as the Secretary of State has

delegated confirmation to an Inspector, references to the Secretary of State in the paragraphs below should

be read as the Inspector taking the delegated decision.

16.2 Paragraph 106 of the 2018 Guidance advises that in deciding whether or not to confirm a compulsory

purchase order, the Secretary of State can be expected to consider the following factors:

• Whether the purpose for which the land is being acquired fits in with the adopted Local Plan for the area

or, where no such up-to-date framework exists, with the Local Plan and the NPPF 2018;

• The extent to which the proposed purpose will contribute to the achievement of the promotion or

improvement of the economic, social or environmental wellbeing of the area; and

• Whether the purpose for which the acquiring authority is proposing to acquire the land could be

achieved by any other means.

• the potential financial viability of the scheme for which the land is being acquired. A general indication

of funding intentions, and of any commitment from third parties, will usually suffice to reassure the

Secretary of State that there is a reasonable prospect that the scheme will proceed. The greater the

uncertainty about the financial viability of the scheme, however, the more compelling the other grounds

for undertaking the compulsory purchase will need to be. The timing of any available funding may also

be important. For example, a strict time limit on the availability of the necessary funding may be an

argument put forward by the acquiring authority to justify proceeding with the order before finalising the

details of the replacement scheme and/or the statutory planning position

16.3 In respect of the first factor, the planning permission for the development of the site gives effect to the policy

requirement found in the Local Plan as detailed above, for a comprehensive approach so that its potential

can be fully realised.

16.4 The Scheme will contribute towards the achievement of the Council's strategic objectives.

16.5 As to the second factor, as explained above, the use of the Council's CPO powers to facilitate the

redevelopment and regeneration of the Order Land will contribute towards the economic, social and

environmental well-being of the area, and to the achievement of the Council's regeneration and planning

objectives and will also result in substantive public benefits being realised, both within the Order Land and in

the wider area. The Scheme will deliver significant public benefits.

16.6 As to the third factor, the purposes for which the land is to be acquired could not be achieved by

alternative means including through development in other locations.

16.7 As to the fourth factor, the Council has assessed the cost of the Scheme and has identified the funding

required to meet that cost. In accordance with paragraph 14 of the DCLG Guidance it is clear that the


funding needed is available at the time required. There is a good prospect that the Scheme will be

delivered.

16.8 All of the Order Land is required for the Development and it is necessary to acquire it in order for the Scheme

to proceed. The Council has not been able to reach agreement for the acquisition of the required land and

rights by private treaty. The Council continues to seek acquisition by agreement but it is not certain that this

can be achieved. If agreement cannot be reached the regeneration of the Order Land will not be

achieved without the use of compulsory purchase powers, but the powers will only be used where the

required land and interests cannot be acquired by negotiation. As such the use of compulsory purchase

powers is necessary and proportionate.

16.9 As explained above, there is a clear strategy for the development of the Order Land based on the Planning

Permission. If the CPO is confirmed the development for the purposes of which the Order has been made will

be delivered.

16.10 Paragraph 2 of the 2018 Guidance refers to the taking of steps by an acquiring authority to acquire land by

agreement where possible. As stated above negotiations have been on-going but acquisition of these

interests has not been agreed.

16.11 Accordingly, the Council considers that the order falls within the ambit of the powers conferred by section

226(1) (a) TCPA 1990, the development would promote all three objectives identified in section 226(1) (A),

the criteria in the 2018 MHCLG Guidance are satisfied and that there is a compelling case in the public

interest for the confirmation of the Order.


17. Other Information of Interest to Persons affected by the

order

• If you require further information on the Order, or the Calverley Square Development Scheme, please

contact

Mark Davey, GVA, 020 7911 2812; 0788 411 4045; [email protected]; 65 Gresham Street, London

EC2V 7NQ

• If you are affected by the Order, and are considering taking professional advice, please contact the

RICS compulsory purchase helpline (024 7686 8555; http://www.rics.org/uk/footer/contact-us/rics-

consumer-helplines/).

18. Inspection of the Order and Order Documents

The Order and documents can be viewed at the following places and times:

18.1 Tunbridge Wells Council Gateway, 8 Grosvenor Rd, Tunbridge Wells TN1 2AB (Monday to Friday 9am-5pm).

18.2 Library, Civic Way, Tunbridge Wells, TN1 1NS (Monday to Friday 9am-6pm, Saturday 9am-5pm, Sunday 10am-

4pm).

18.3 The Council Website: http://www.tunbridgewells.gov.uk/council/have-your-say/consultations/calverley-

square-compulsory-purchase-order

Dated 27 November 2018

mailto:[email protected]

http://www.tunbridgewells.gov.uk/council/have-your-say/consultations/calverley-square-compulsory-purchase-order

http://www.tunbridgewells.gov.uk/council/have-your-say/consultations/calverley-square-compulsory-purchase-order


Appendix 1 - Documents to be referred to in the event of

an inquiry

Ref Document CDA The Order and Associated Documents

CDA.01 Full Council meeting 06/12/17 Agenda, Public Document Pack and Minutes

CDA.02

Cabinet meeting 19/07/18 Agenda and Minutes including resolution to make The Tunbridge Wells Borough Council (Calverley Square) Compulsory Purchase Order 2018

CDA.03

The Tunbridge Wells Borough Council (Calverley Square) Compulsory Purchase Order 2018 (“Order” and “Order Schedule”) dated 20 August 2018

CDA.04

The Tunbridge Wells Borough Council (Calverley Square) Compulsory Purchase Order 2018 Order Map

CDA.05 The Tunbridge Wells Borough Council Statement of Reasons supporting the Order CDA.06 Notice to Qualifying Persons CDA.07 Published newspaper and site notice

CDA.08

MHCLG Guidance Compulsory Purchase https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/472726/151027_Updated_guidance_for_publication_FINAL2.pdf

CDA.09 The Tunbridge Wells Borough Council Statement of Case CDA.10 Minutes from Full Council Meeting 26/07/17 CDB Planning Application Documents CDB.01 Planning Application Form (ref: 18/00076/FUL) CDB.02 Planning Application Boundary Plan CDB.03 Landscape and public realm strategy stage 2 report CDB.04 Design and Access Statement CDB.05 Planning Statement CDB.06 Noise Impact Addendum for 8-16 Grove Hill Road CDB.07 Theatre Noise Impact Assessment CDB.08 Theatre Noise Impact Addendum


CDB.09 Office Noise Impact Assessment CDB.10 Transport Assessment and Travel Plan CDB.11 Flood Risk Assessment and Drainage Strategy CDB.12 Theatre Delivery and Servicing and Management Plan CDB.13 Construction Management Action Plan - Draft CDB.14 Head of Planning Report to the Council’s Planning Committee 09 May 2018 CDB.15 Minutes of the Planning Committee 09 May 2018 CDB.16 Decision Notice subject to MOU dated 15 June 2018 CDB.17 Officer report on appropriation of land dated 19 July 2018 CDC Relevant Planning Policies

CDC.01 National Planning Policy Framework 2012

CDC.02 National Planning Policy Framework 2018

CDC.03 Tunbridge Wells Borough Council Local Plan 2006 (saved policies)

CDC.04 Tunbridge Wells Core Strategy 2010

CDC.05 Site Allocations Local Plan 2016

CDC.06 Civic Development Planning Framework Supplementary Planning Document, adopted February 2018

CDD Policy & Background Documents

CDD.01 Destination Management Plan for Tunbridge Wells 2013-2016, October 2013, Blue Sail

CDD.02 Economic Development Strategy 2018-2021 TWBC CDD.03 Five year plan 2017-2022 TWBC

CDD.04 Sevenoaks and Tunbridge Wells Economic Needs Study Final Report August 2016, Colliers & Turley Economics

CDD.05 GVA Wider Economic Benefits report January 2018 CDD.06 Town Centre Office Study, February 2018, Durlings CDD.07 Cultural Strategy 2014-2024 TWBC CDD.08 Lichfields Report 2018 CDD.09 Economic Impact of Tourism on Tunbridge Wells 2015 CDD.10 Chartered Institute of Public Finance and Accountancy (CIPFA) Report CDD.11 Five Year Plan 2014-19 TWBC CDD.12 Grant Thornton Annual Audit Letter Year Ending 31 March 2018 CDE Other documents

CDE.01 New theatre for Tunbridge Wells Borough Council Feasibility Study & Options Analysis, April 2016, Bonnar Keelyside

CDE.02 Heritage Report CDF Objections and Negotiations CDF.01 Objection letters submitted to the Secretary of State CDF.02 Council’s response to Objectors CDF.03 Schedule of Objectors CDF.04 Combined Objection Response CDG Relevant Legislation


CDG.01 Section 226 of the Town and Country Planning Act 1990 (as amended) CDG.02 Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 CDG.03 Compulsory Purchase (Inquiries Procedure) Rules 2007/3617 CDH Correspondence regarding the Inquiry

CDH.01 Notice of Secretary of State’s Decision to hold an Inquiry dated 17 October 2018

Appendix 2 – Schedule of Objectors