Planning Services

COMMITTEE REPORT

APPLICATION DETAILS

APPLICATION NO: CE/13/1559/FPA

FULL APPLICATION DESCRIPTION:

Revisions to the scale and massing of Phase 2 of approved development to include the addition of 1205.4 m2 of class B1 office floor space and ground floor customer service centre

NAME OF APPLICANT: Maple Oak Ltd

ADDRESS: Former Ice Rink site, Freeman’s Reach, Durham

ELECTORAL DIVISION: Elvet and Gilesgate

CASE OFFICER:

Peter Herbert, Senior Planning Officer 03000 261391 peter.herbert@durham.gov.uk

DESCRIPTION OF THE SITE AND PROPOSALS

The Site

1. The application site lies in the centre of Durham City on the eastern bank of the River Wear. To the north is a public car park, with coach park beyond, and the Penny Ferry footbridge which crosses the river linking east and west banks. To the south is Milburngate Bridge which carries the A690 across the river. Running in a north-south direction to the east is Freeman’s Place, beyond which, at a higher level, stands the Walkergate development. This comprises the Gala Theatre, Clayport Library, food and drink outlets, and apartments arranged around Millennium Square, with multi story public car park below. To the west, on the opposite river bank, lie Milburngate House, within which two Government departments – National Savings and Investments (NS&I) and Identity and Passport Service (IPS) have offices, and the Radisson Hotel.

2. The site lies within both the Durham (City Centre) Conservation Area and the setting of the Durham Castle and Cathedral World Heritage Site.

3. The commercial shed that once occupied the application site, and housed Durham Ice Rink, has been demolished and phase 1 of the site’s redevelopment is now underway for which planning permission was granted in March 2013. This is taking the form of a four storey office building (into which National Savings & Investments will move from their current office in Milburngate House on the opposite side of the river), an energy generating Archimedes Screw turbine, associated kiosk, containing plant, information kiosk and café, and public open space to include river frontage access.

The Proposal

4. Since planning permission and conservation area consent was granted for the overall redevelopment of the Freeman’s Reach site, an occupier has been identified for phase 2, which currently takes the form of a five storey office building. Originally approved with 5,268 m2 (B1) office space and 715 m2 ground floor (A3) restaurant/café, it is now proposed that the A3 element be replaced by a customer service centre, together with the creation of an additional 1205 m2 of office space. The identified occupant is Her Majesty’s Passport Office (HMPO), which would result in approximately 625 full time and 334 part time jobs (812 equivalent full time jobs) being transferred from Milburngate House. The proposed changes are to meet its specific floorspace requirements.

5. The additional floorspace would be achieved by infilling voids within the consented

scheme’s footprint, and a modest increase in footprint and storey massing. The elevational treatment would remain similar to the consented scheme, with area increases carefully crafted around sensitive views and masterplan principles already established for this site.

6. Overall height would remain the same, as would the stepping of storeys to modulate the mass. The form would also remain essentially unchanged by comprising two east-west running converging wings linked by a central glazed atrium, and stepped terraces towards the river. Brick would remain the predominant wall material, relieved by glass and terracotta, while shallow pitched hipped roofs enclosing essential rooftop plant would remain clad in seamed zinc

7. The application is reported to the County Planning Committee as it represents a

change to major development previously dealt with by the Committee.

PLANNING HISTORY

8. In 2005 the former Durham City Council Planning Committee approved an

application to replace the shed and Bishops Mill with 93 apartments, 6 living/workspaces, a local heritage facility building with outdoor cultural space, resident amenity space and underground parking. However, the application was subsequently ‘called in’ by the Secretary of State, and following a public inquiry in June 2006 the application was refused. Refusal was based on the grounds of inappropriate scale, massing and bulk, which was deemed to be out of character for the site in question.

9. Planning permission was granted in March 2013 for office development and associated restaurant and cafés, information kiosk, Archimedes Screw, and public realm works, with associated Conservation Area Consent granted for the demolition of the former ice rink and Bishops Mill.

PLANNING POLICY

NATIONAL POLICY

10. The Government has consolidated all planning policy statements, guidance notes and many circulars into a single policy statement, the National Planning Policy Framework (NPPF), although the majority of supporting Annexes to the planning policy statements are retained. The overriding message is that new development that is sustainable should go ahead without delay. It defines the role of planning in achieving sustainable development under three topic headings – economic, social, and environmental, each mutually dependent.

11. The presumption in favour of sustainable development set out in the NPPF requires

local planning authorities to approach development management decisions positively, utilising twelve ‘core planning principles’. The following elements of the NPPF are considered relevant to this proposal:

12. NPPF Part 1 – Building a strong, competitive economy – The NPPF outlines in

paragraph 19 that significant weight should be placed on the need to support economic growth through the planning system. Paragraph 22 specifically states that; planning policies should avoid long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose. Land allocations should be regularly reviewed. Where there is no reasonable prospect of a site being used for the allocated employment use, applications for alternative uses of land or buildings should be treated on their merits having regard to market signals and the relative need for different land uses to support sustainable local communities.

13. NPPF Part 2 – Ensuring the Vitality of Town Centres – Local Planning Authorities

should allocate a range of suitable sites to meet the scale and type of retail, leisure, commercial, office, tourism, cultural, community and residential development needed in town centres. It is important that needs for retail, leisure, office and other main town centre uses are met in full and are not compromised by limited site availability.”

14. NPPF Part 4 – Promoting Sustainable Transport – States that the transport system

needs to be balanced in favour of sustainable transport modes, giving people a real choice about how they travel. It is recognised that different policies and measures will be required in different communities and opportunities to maximize sustainable transport solutions which will vary from urban to rural areas. Encouragement should be given to solutions which support reductions in greenhouse gas emissions and reduce congestion.

15. NPPF Part 7 – Requiring Good Design – The Government attaches great importance

to the design of the built environment, with good design a key aspect of sustainable development, indivisible from good planning. Planning policies and decisions must aim to ensure developments; function well and add to the overall quality of an area over the lifetime of the development, establish a strong sense of place, create and sustain an appropriate mix of uses, respond to local character and history, create safe and accessible environments and be visually attractive.

16. NPPF Part 8 – Promoting Healthy Communities – The planning system can play an

important role in facilitating social interaction and creating healthy, inclusive communities. Access to high quality open spaces and opportunities for sport and recreation can make an important contribution to the health and well-being of communities and planning policies and decisions should achieve places which promote safe and accessible environments.

17. NPPF Part 10 – Meeting the Challenge of Climate Change, Flooding and Coastal

Change – Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy.

18. NPPF Part 11 – Conserving and Enhancing the Natural Environment – The planning system should contribute to, and enhance the natural environment by; protecting and enhancing valued landscapes, recognising the benefits of ecosystem services, minimising impacts on biodiversity and providing net gains in biodiversity where possible, preventing new and existing development being put at risk from unacceptable levels of soil, air, water or noise pollution or land instability, and remediating contaminated and unstable land.

19. NPPF Part 12 – Conserving and Enhancing the Historic Environment – Local

Planning Authorities should have a positive strategy for the conservation and enjoyment of the historic environment, including heritage assets, recognising that these are an irreplaceable resource and conserving them in a manner appropriate to their significance.

20. Technical Guidance to the NPPF – provides additional guidance to LPA’s to ensure

effective implementation of the planning policy set out in the NPPF on development in areas at risk of flooding.

http://www.communities.gov.uk/documents/planningandbuilding/pdf/2116950.pdf (National Planning Policy

Framework)

LOCAL PLAN POLICY: City of Durham Local Plan (2004) 21. Policy E3 - World Heritage Site Protection – seeks to safeguard the Durham Castle

and Cathedral World Heritage Site and its setting, including within both local and long distance views.

22. Policy E6 – Durham (City Centre) Conservation – seeks to preserve or enhance the

special character, appearance and setting of this area when considering development proposals.

23. Policy E16 - Nature Conservation – the Natural Environment – is aimed at protecting

and enhancing the nature conservation assets of the district. Development proposals outside specifically protected sites will be required to identify any significant nature conservation interests that may exist on or adjacent to the site by submitting surveys of wildlife habitats, protected species and features of ecological, geological and geomorphological interest. Unacceptable harm to nature conservation interests will be avoided, and mitigation measures to minimise adverse impacts upon nature conservation interests should be identified.

24. Policy E21 – Historic Environment – requires development proposals to minimise

impact upon features of historic interest, and encourage the retention, repair and reuse of visual of local interest.

25. Policy E22 - Conservation Areas - seeks to preserve or enhance the character or

appearance of conservation areas, by not permitting development which would detract from its setting, while ensuring that proposals are sensitive in terms of scale, design and materials reflective of existing architectural details.

26. Policy E23 – Listed Buildings – states that the Council will seek to safeguard Listed

Buildings and their setting by only approving alterations and extensions that are sympathetic to their design ,scale and materials and not permitting development which detracts from the setting of a Listed Building

27. Policy E24 – Ancient Monuments and Archaeological Remains – seeks to preserve scheduled ancient monuments and other nationally significant archaeological remains and their setting in-situ.

28. Policy EMP12 – Office Development General – permits new office development

within Durham City Centre.

29. Policy T1 – Traffic – General – states that the Council will not grant planning permission for development that would generate traffic likely to be detrimental to highway safety and/or have a significant effect on the amenity of occupiers of neighbouring property.

30. Policy T8 - Traffic Management – supports measures to improve highway safety,

amenity and ease congestion, and in particular, promote the safety and convenience of pedestrians and cyclists.

31. Policy T10 – Parking – General Provision – states that vehicle parking should be

limited in amount, so as to promote sustainable transport choices and reduce the land-take of development.

32. Policy T20 – Cycle Facilities – sets out a requirement to encourage the provision of

facilities for parking cycles in the city centre and at other appropriate locations. 33. Policy T21 – Walking – seeks to ensure that the needs of walkers are safeguarded,

whilst accommodating the needs of people in wheelchairs, and those with walking difficulties and pushchairs. In particular the policy seeks to avoid conflicts with motor vehicles.

34. Policy Q1 – General Principles Designing for People – requires the layouts of

developments to take into account the requirements of users including: personal safety and security; the access needs of people with disabilities and the elderly; and the provision of toilets and seating where appropriate.

35. Policy Q2 – General Principles Designing for Accessibility – the layout and design of

all new development should take into account the requirements of users and embody the principle of sustainability.

36. Policy Q4 – Pedestrian Areas – requires that pedestrian area should be laid out and

designed with good quality materials in a manner which reflect the street scene. 37. Policy Q5 – Landscaping General Provision – sets out that any development which

has an impact on the visual amenity of an area will be required to incorporate a high standard of landscaping.

38. Policy Q7 – Industrial and Business Development – seeks to promote an attractive

image of the District and thereby stimulate inward investment through the provision of well-designed buildings which are appropriate to their designation.

39. Policy U8a – Disposal of Foul and Surface Water – requires developments to provide

satisfactory arrangements for disposing of foul and surface water discharge. Where satisfactory arrangements are not available, then proposals may be approved subject to the submission of a satisfactory scheme and its implementation before the development is brought into use.

40. Policy U10 – Development in Flood Risk Areas – states that proposals for new

development shall not be permitted in flood risk areas or where an increased risk of flooding elsewhere would result unless it can be demonstrated that alternative less vulnerable areas are unavailable, that no unacceptable risk would result, that no unacceptable risk would result elsewhere, or that appropriate mitigation measures can be secured.

41. Policy U14 – Energy Conservation – General – states that the energy efficient

materials and construction techniques will be encouraged. 42. Policy U15 – Energy Conservation – Renewable Resources – permits the

regeneration of energy from renewable resources provided that that no unacceptable adverse impact results upon landscape, nature conservation interests, the amenity, health and safety of local residents, noise and vibration levels, and upon areas of archaeological, architectural or historic interest.

EMERGING POLICY: 43. The emerging County Durham Plan is now in Pre-Submission Draft form, having

been the subject of a recent 8 week public consultation, and is due for submission in Spring 2014, ahead of Examination in Public. In accordance with paragraph 216 of the NPPF, decision-takers may give weight to relevant policies in emerging plans according to: the stage of the emerging plan; the extent to which there are unresolved objections to relevant policies; and, the degree of consistency of the policies in the emerging plan to the policies in the NPPF. To this end, the following policies contained in the Pre-Submission Draft are considered relevant to the determination of the application:

44. Policy 44 – Historic Environment – requires development to conserve the fabric, character, setting and cultural significance of designated and non-designated heritage assets and seek opportunities to enhance structures and areas of significance throughout County Durham.

The above represents a summary of those policies considered relevant. The full text, criteria, and justifications can be accessed at: http://www.cartoplus.co.uk/durham/text/00cont.htm (City of Durham Local Plan)

http://www.durham.gov.uk/pages/Service.aspx?ServiceId=856 (County Durham Plan)

CONSULTATION AND PUBLICITY RESPONSES

STATUTORY RESPONSES: 45. English Heritage – has raised no objections to the proposal considering this latest

proposal to be a direct response to a specific user’s requirements, and to know that the building will be occupied and not merely a speculative development is seen as very positive. English Heritage note that main design changes to be an increase in bulk and a change in the use fronting the square considering the loss of the restaurant/café use to be regrettable as this was an active use well into the night. However, the provision of a customer service centre would have the potential to create a great deal of daytime activity, and the proposed change of use would not cause harm to the significance of the conservation area. Despite the increased bulk of the building the stepped form remains, as do the simple brick form, detailing, and overall height, as previously approved. English Heritage therefore considers that overall, no harm would result to the significance of the conservation area or to the setting of the World Heritage Site.

46. Environment Agency – has raised no objections to the proposed development changes provided that mitigation measures contained within the Flood Risk Assessment submitted with the original application are implemented. Controlled waters are considered to be of low environmental sensitivity in this location, therefore no site-specific advice is offered, the applicant being referred to relevant guidance.

47. Northumbrian Water – has raised no objections but requests any planning

permission to be subject to a condition requiring a detailed foul water disposal scheme to be submitted and approved by the Local Planning Authority in consultation with Northumbrian Water prior to development commencing.

48. Highway Authority – has raised no objections. Account has been taken of the predicted trip generation increase resulting from the proposed additional office floor space, and considers that it can be accommodated by the existing highway infrastructure given the site’s sustainable location, and supported by existing off-street car parks.

INTERNAL CONSULTEE RESPONSES: 49. Design and Conservation – officers offer no objections. The building’s increase in

mass is considered to be marginal, and the overall aesthetic, in terms of architectural style and detailing, remains consistent with the already approved building, including height and stepped form, cascading down towards the river. This is a widely recognised Durham City characteristic. What minimal impact these changes might have on the conservation area and World Heritage Site are judged to be outweighed by the substantial regeneration and employment benefits that this development would deliver.

50. Landscape – officers offer no objections. However, it is noted that landscaping proposals immediately around the periphery of the building, and lying with Phase 2 of the overall Freeman’s Reach development, are predominantly hard surfaced. It is therefore recommended that more “green” landscaping be incorporated to soften the appearance of this open space, with the inclusion of vertical elements to enhance the building’s appearance.

51. Spatial Policy – officers offer no objections. The loss of the restaurant/café is

considered to be regrettable, but it is acknowledged that efforts will be made to compensate through activities within the adjoining piazza.

52. Archaeology – officers advise that there are no archaeological issues/objections to

the proposed revised plans for the Phase 2 development. 53. Ecology – raise no objections. Officers consider that the submitted information is

satisfactory and confirms that the proposed revisions would have no significant impact on the continued use of the riverbank as a wildlife dispersal corridor and that the mitigation measures installed as part of phase 1 are unaffected.

54. Environmental Health & Consumer Protection – officers offer no objections with respect to contaminated land considering that this is a commercial development that would not pose significant risk to human health. Therefore a contaminated land condition is not necessary for this proposal.

55. Sustainability – officers offer no objections, and reiterate earlier comments in respect of the already consented scheme, considering it to be highly sustainable in terms of location, construction and use of renewable energy.

PUBLIC RESPONSES: 56. The application has been advertised in the press and by site notices, and those living

and working closeby have been individually consulted. No responses have been received.

APPLICANTS STATEMENT: 57. This proposal is considered to be fully compliant with all relevant national and local

planning policies.

58. Full account has been taken of the Development Brief for the site, and the developers have worked closely with Durham County Council and English Heritage prior to a formal planning submission being made in order to achieve a high standard of design, and fully address all other relevant issues arising from the site’s prominent and sensitive position.

59. The revised scheme is necessitated by an identified occupier’s specific floorspace

needs. Its approval would safeguard a significant number of jobs for Durham, and allow the continued redevelopment of this key site, bringing it back into beneficial use through sensitive regeneration.

The above represents a summary of the comments received on this application. The full written text is available for inspection on the application file which can be viewed at http://217.23.233.227/WAM/showCaseFile.do?action=show&appType=planning&appNumber=CE/13/01559/FPA

PLANNING CONSIDERATIONS AND ASSESSMENT

60. Having regard to the requirements of section 38(6) of the Planning and Compulsory

Purchase act 2004, the relevant Development Plan policies, relevant guidance and all other material considerations, including representations received, it is considered that the main planning issues in this instance relate to the principle of the development, layout and design, flood risk, highway impact, archaeology, ecology and other matters.

Principle of the development 61. The principle of office development in this location was established by the 2013

planning permission for the wider Freeman’s Reach development, of which the site now under consideration forms a part.

62. At that time, the proposal was considered to represent a major investment in County Durham and the regeneration of a prominent Durham City Centre site, fulfilling key national and local planning policy objectives. The wider development was considered to have the potential to play a key role in the strategic development of the city centre both physically and in terms of employment provision. The site lies in a highly sustainable location, accessible by a range of transport means, and its development would represent major regeneration and economic investment.

63. The current proposal differs from the original in terms of a loss of the A3 element but

increasing the amount of office floorspace to accommodate an identified user and its needs (HMPO) as well as the addition of a customer service centre. However, the proposal does not have any fundamental effect on the established principle of the development. The proposal accords with Local Plan Policy EMP12 in supporting new office development.

Layout and Design 64. The proposed revisions to the office building already approved as phase 2 of the

wider Freeman’s Reach development comprise a slight increase in footprint, slightly bulkier storeys, and the replacement of the ground floor restaurant/café use by an office customer service centre. These changes have been necessitated by the requirements of a specific occupant.

65. Such revisions to the building’s form would not, it is considered, diminish the

architectural merits of the original design, or that of the wider Freeman’s Reach development. Its overall height remains the same, whilst modulation through the stepping down of each storey towards the river remains intact. Elevation detailing has been modified to take account of these changes to minimise their impact. The proposed materials would reflect the details previously agreed with the brick colour, mix, tone and pointing style reflecting the Durham City vernacular, and this would be secured through condition.

66. Whilst the loss of the restaurant/café element is regrettable, the replacement customer service centre would provide the potential for activity at the building’s southern frontage where it opens onto public open space and river frontage. The building’s good accessibility remains, as does the quality of open space which surrounds it.

67. A landscape and visual statement has been submitted which concludes that the current proposal would have no adverse impact on existing trees or landscape. However, a site landscaping scheme has been submitted subject to agreement of species details.

68. The design and layout of the revised Phase 2 is considered to be acceptable and would complement the approved Phase 1 development. It would have an acceptable urban design impact and would continue to preserve and enhance the character and appearance of the Durham (City Centre) Conservation Area, causing no harm to the setting or Outstanding Universal Value of the Durham Castle and Cathedral World Heritage Site. Landscaping proposals would ensure planting to complement the built development.

69. It is therefore considered that the objectives of Policies E3, E6, E21, E22, Q1, Q2,

Q4, Q5 and Q7 of the Local Plan have been satisfied, and would also be consistent with Policy 44 of the emerging plan.

Flood Risk 70. The application site lies within a flood plain (Environment Agency Flood Risk Zones

3a and 3b). As required by NPPF Part 10 a sequential and exception test was carried out by the applicant as part of the previous application, demonstrating that no alternative site of lower flood risk was available for this development. A Water and Flood Risk Statement has been submitted with the current application which concludes that the impact of the proposed changes would have no detrimental effects on water levels upstream or downstream.

71. The Environment Agency has raised no objection to this proposal provided that

recommendations made within the submitted Flood Risk Assessment are carried out. These recommendations include the limiting of surface water run-off, the provision of safe routes into and out of the site, minimum floor level heights, the installation of a flood warning system, the use of flood resilient construction methods, and flood

warning signage. Northumbrian Water offers no objections subject to the submission of a drainage scheme prior to development commencing, and this can be addressed by planning condition. Therefore the objectives of Local Plan Policies U8A and U10 have been met.

Highway Impact 72. The application site lies in a highly sustainable location with excellent connectivity to

other parts of the City and accessibility via a wide range of transport modes. Access arrangements would not alter as a result of the current proposal and no additional parking is proposed. Provision of a travel plan is proposed through condition.

73. The Highway Authority accepts the conclusions of the submitted Transport

Statement which states that an absence of on-site parking would encourage the use of sustainable transport modes and limit off-street parking in Durham, and that this would be reinforced by the Travel Plan which would be a condition of any planning approval. It is therefore confidently predicted that the additional traffic and parking demand generated by the additional office floor space can be safely accommodated by the existing local road network and off - street parking provision, no new provision is proposed. Cycle parking facilities will continue to be provided on-site with no adverse impact upon walkers. Accordingly, the objectives of Local Plan Policies T1, T8, T10, T20 and T21 have been met.

Archaeology 74. As a condition of the original planning permission, extensive archaeological

investigations were carried out on the site of the proposed building. The extremely small increase in footprint would not impact upon land that has not already been excavated. A Heritage Statement accompanying the application concludes that no significant adverse impacts on the setting of any designated heritage assets or archaeological remains would result from the proposed changes to the consented phase 2 scheme, and this is accepted. Archaeology Officers therefore raise no objections. Accordingly there would be no conflict with Local Plan Policy E24 and NPPF paragraph 141 have been met.

Ecology 75. Impact on protected species (bats and otter) was an issue considered as part of the

original application and mitigation measures are secured through condition. A submitted Biodiversity Statement in respect of the current application has concluded that the mitigation measures put in place as part of the originally consented scheme would not be effected by the proposed phase 2 changes. As a condition of the original planning permission, extensive wildlife impact mitigation measures were put in place, including the provision of alternative bat and otter habits along the river bank below Freemans Reach. The small increase in footprint would not impact on these measures, which include accommodation for bats and otters. The Ecology Section therefore raises no objections. Accordingly the objectives of Local Plan Policy E16 and NPPF Part 11have been met.

Other Issues 76. Offices remain an acceptable land use on this City Centre site, while the energy

conservation qualities of the building design, and use of renewable energy generated by hydro power as part of the overall Freemans Reach development, remain. The objectives of Policies EMP12, U14 and U15 are therefore considered to have been met.

77. Submitted with the application were a noise impact assessment and air quality

statement. These conclude that no adverse impacts would result from the proposed development. Given that a similar conclusion was reached when assessing the original larger scheme it is considered that no additional impact would result from the amended scheme.

CONCLUSION

78. The acceptability in principle of the overall Freeman’s Reach development was

established in March 2013 when planning permission was granted, and that permission remains extant. The current proposal seeks to revise the office building that forms phase 2 of the development in response to a specific prospective occupier’s requirements.

79. The proposed changes are designed to increase the floor space by slightly enlarging

the building and replacing the ground floor restaurant/café area with a customer service centre.

80. A marginally greater footprint and slightly larger upper floor plates would not compromise the quality of the architecture by virtue of its modulation, careful detailing, and choice of materials. As a result the significance of the conservation area and World Heritage Site setting would not be harmed. Similarly, no increased flood risk, or negative highways, archaeological and ecological impact would result.

81. The loss of the restaurant/café is regrettable, but by far outweighed by the wider benefits of this proposal which would secure 750 HMPO jobs for Durham, ensure the continued regeneration of this important site, and allow the future redevelopment of Milburngate House with the prospect of further job creation.

82. As in the case of the originally approved development, this is an energy efficient building, benefitting from a local renewable energy supply, to be built in a highly sustainable location. Accordingly, it is a very positive proposal that accords with national and local planning policies.

83. The proposed development is considered to accord with the relevant policies of the Local Plan and meet the aims of the NPPF.

RECOMMENDATION

That the application be APPROVED subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: Required to be imposed pursuant to Section 92 of the Planning & Compulsory Purchase Act 2004.

2. The development hereby approved shall be carried out only in accordance with the

approved plans and specifications contained within: SITE LOCATION PLAN PLB (9)500 PHASING PLAN AL (0)1010 REV E

PHASE 2 PROPOSED NORTH ELEVATION PLB (0)20 REV A PHASE 2 PROPOSED EAST ELEVATION PLB (0)21 REV A PROPOSED RIVER WEAR & FREEMANS PLACE ELEVATIONS PL (9)21 REV B PHASE 2 PROPOSED SOUTH ELEVATION PLB (0)22 REV A PHASE 2 PROPOSED WEST ELEVATION PLB (0)23 REV A PROPOSED NORTH SOUTH ELEVATIONS PL (9)51 REV B PROPOSED EAST WEST SECTIONS PL (9)52 REV B PHASE 2 ROOF PLAN PLB (0)600 REV A PHASE 2 NORTH/SOUTH SECTION PLB (0)25 REV A PHASE 2 EAST/WEST SECTION PLB (0)24 REV A PHASE 2 LEVEL 1 PLAN PLB (0)100 REV B PHASE 2 LEVEL 2 PLAN PLB (0)200 REV A PHASE 2 LEVEL 3 PLAN PLB (0)300 REV A PHASE 2 LEVEL 4 PLAN PLB (0)400 REV A PHASE 2 LEVEL 5 PLAN PLB (0)500 REV A

LANDSCAPE SOFT LANDSCAPE PROPOSALS PLAN 11115001_300 Rev C

Reason: To meet the objectives of Policies E3, E6, E21, Q1, Q4, Q7, Q15, T10, T20, U8a, U14, and U15 of the City of Durham Local Plan 2004.

3. The development hereby permitted shall only be carried out in accordance with the

approved Flood Risk Assessment (FRA) by WSP, undertaken for Maple Oak Ltd and dated 15 February 2013, and the following mitigation measures detailed within the FRA:

a) Limiting the surface water run-off generated by the site to a maximum of 60l/s

so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site.

b) Identification and provision of safe route(s) into and out of the site to an appropriate safe haven.

c) Finished floor levels are set no lower than Phase 1 - 33.4mAOD; Phase 2 - 33.2mAOD; Kiosk - 33.2mAOD; Substation - 33.4mAOD.

d) Install and maintain a flood warning system to inform the decision making procedures on the onset of flooding.

e) Flood resilient construction methods are utilised in the buildings materials. f) Flood warning signage and directions are placed within strategic locations as

agreed with the Local Planning Authority. g) The mitigation measures shall be fully implemented prior to any use of the

buildings and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

Reason a) To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site. b) To ensure safe access and egress from and to the site.

c) To reduce the risk of flooding to the proposed development and future occupants.

d) To ensure a timely exit from the site on the onset of flooding. e) To reduce the impact of flooding on the proposed development.

f) To ensure that all users, including visitors to the site are aware of the risk of flooding.

g) To meet the objectives of Policy U8a and U10 of the City of Durham Local Plan.

4. Notwithstanding the information shown on the submitted application details of all

materials to be used externally and the standard of their finish shall be submitted to and approved by the Local Planning Authority in writing before the development is commenced, and thereafter implemented in accordance with the approved scheme.

Reason: To meet the objectives of Policies E6 and Q7 of the City of Durham Local Plan 2004.

5. Prior to the development being beneficially occupied a detailed landscaping scheme

shall be submitted to and approved in writing by the Local Planning Authority. The scheme of landscaping shall include details of hard and soft landscaping, planting species, sizes, , densities, numbers, method of planting and maintenance regime, as well as indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development. Thereafter implementation shall take place in accordance with the approved scheme.

Reason: To meet the objectives of Policy Q5 of the City of Durham Local Plan 2004

6. Prior to any occupation of the approved development an external and internal

lighting strategy shall be submitted to, and approved in writing by, the Local Planning Authority. Thereafter implementation shall take place in accordance with the approved details.

Reason: To meet the objectives of Policies E3, E6 and E21 of the City of Durham

Local Plan 2004. 7. No development shall take place unless in accordance with the submitted Freemans

Reach, Durham Travel Plan (Maple Oak Ltd November 2012). Reason: To meet the objectives of Policy T1 of the City of Durham Local Plan 2004. 8. No development shall take place unless in accordance with the terms of the

submitted Freemans Reach, Durham Construction Logistics Plan (Maple Oak Ltd November 2012).

Reason: To meet the objectives of Policy T1 of the City of Durham Local Plan

(2004) 9. Prior to development commencing details of all proposed piling and HGV traffic

movements during the construction phase shall be submitted to, and approved in writing by, the Local Planning Authority. Thereafter implementation shall take place in accordance with the approved details.

Reason: To meet the objectives of Policy Q1 of the City of Durham Local Plan 2004.

STATEMENT OF PROACTIVE ENGAGEMENT

The Local Planning Authority in arriving at its decision to support this application has, without prejudice to a fair and objective assessment of the proposals, issues raised, and representations received, sought to work with the applicant in a positive and proactive manner with the objective of delivering high quality sustainable development to improve the economic, social and environmental conditions of the area in accordance with the NPPF.

(Statement in accordance with Article 31(1) (CC) of the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2012.)

BACKGROUND PAPERS

• Submitted application form, plans supporting documents and subsequent information provided by the applicant.

• The National Planning policy Framework (2012.)

• City of Durham Local Plan 2004.

• The County Durham Plan (Pre-Submission Draft October 2013).

• Statutory, internal and public consultation responses.

Planning Services

CE/13/1559/FPA

Revisions to the scale and massing of Phase 2 of approved development to include the addition of

1205.4 m2 of class B1 office floor space and ground

floor customer service centre, at the Former Ice Rink site, Freeman’s Reach, Durham

This map is based upon Ordnance Survey material with the permission o Ordnance Survey on behalf of Her majesty’s

Stationary Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and

may lead to prosecution or civil proceeding. Durham County Council Licence No. 100022202 2005

Comments

Date January 2014 1:1250