Application No: 146384 Location: Former Gym, Circular Road South, Colchester, CO2 7FD Scale (approx): 1:1250

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7.4 Case Officer: Alistair Day Site:

Due Date: 20/01/2015

MINOR

Former Gym, Circular Road South, Colchester, CO2 7FD

Application No: 146384 Date Received:

25 November 2014

Agent:

NPS Group Property Consultants

Applicant:

Colchester Borough Council

Development:

Reinstatement works following a major fire.

Ward:

Berechurch

Summary of Recommendation: Conditional Approval 1.0

Reason for Referral to the Planning Committee

1.1

This application is referred to the Planning Committee because the applicant is Colchester Borough Council

2.0

Synopsis

2.1

The key issues explored below is whether the proposed development safeguards the special interest of the former gym, a locally listed building, and whether the proposed works will preserve or enhance the character and appearance of the Garrison Conservation Area

3.0

Site Description and Context

3.1

The former gymnasium building, which dates from c 1860, is an impressive double height building of red brick with strong rusticated quoins and gauged circular arches springing from brick pilasters. The roof was originally covered with slate and lit by a large square lantern. The lantern was removed when the building was re-roofed in the mid twentieth century. The roof and interior was destroyed by fire several years ago; the brickwork structure remains substantially sound. The building is included on the local list of building of special interest and the application site is situated within the Garrison Conservation Area.

3.2

The former gym is located to the south of Abbey Field and is separated from Circular Road South by a line of trees. To the east of the building is a landscaped area (the Garrison Eastern Greenlink) beyond which is the wall and railings bounding Berechurch Road. To the south of the site is the former MRS building (now a medical centre) and associated car park. To the west of the gym is the site of the former garrison swimming pool; this site is identified as a part of the Garrison development for a play area.

4.0

Description of the Proposal

4.1

The application seeks consent to reinstate the roof the building and install fit flush photovoltaic tiles on the south roof slope. New timber ‘cathedral’ windows are to be installed in the historic range that will match the original windows as closely as possible. New Crittal style windows are to be installed in the later modern extensions and the flat roof of modern extension on the south side of the building is to be raised by 150mm. The proposed new doors are to be powder coasted aluminium.

5.0

Land Use Allocation

5.1

Garrison Regeneration Area – mixed use.

6.0

Relevant Planning History

6.1

O/COL/01/0009 – Outline Planning application for the Garrison Urban Village Development

6.2

120254 -Change of use to D1 primary health care facility, internal alterations and adaptions, 2no. minor extensions, formation of car park and perimeter 2.4m security fencing and gates. Erection of site signage, installation lighting to car park.

7.0

Principal Policies

7.1

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning applications to be determined in accordance with the development plan unless material considerations indicate otherwise. In this case, the adopted development plan comprises the adopted Core Strategy (December 2008, amended 2014), Development Policies (October 2010, amended 2014) and Site Allocations Plan (October 2010)

7.2.1 The adopted Colchester Borough Core Strategy provides local strategic policies. Particular to this application, the following policies are most relevant: • • • •

UR1 - Regeneration Areas UR2 - Built Design and Character ENV1 - Environment ER1 - Energy, Resources, Waste, Water and Recycling

7.2.2 In addition, the following are relevant adopted Colchester Borough Development Policies (adopted 2010, amended 2014): • • •

DP1 Design and Amenity DP14 Historic Environment Assets DP25 Renewable Energy

7.4.1 Further to the above, the adopted Site Allocations (adopted 2010) policies set out below should also be taken into account in the decision making process: •

SA GAR1 Development in the Garrison Area

7.5

The National Planning Policy Framework (the Framework) must also be taken into account in planning decisions and sets out the Government’s planning policies that are to be applied when making decisions. The Framework makes clear that the purpose of the planning system is to contribute to the achievement of sustainable development. There are three dimensions to sustainable development: economic, social and environmental.

8.0

Consultations

8.1

Environmental Protection Environmental Projection has not raised an objection to this application. A condition regarding hours of work has been recommended. It is also recommended that given that the site has the potential for contamination, a condition is attached to cover the discovery of unexpected contamination.

8.2

Highway Authority The Highway Authority has advised that the crane must not be erected on land covered by highway rights. Provided that this is the case, the Highway Authority has confirmed that it does not have an objection to this proposal. The attachment of the informative note that 'all works affecting the highway to be carried out in agreement with the Highway Authority' should be attached.

In addition to the details reported above, the full text of all consultation responses is available to view on the Council’s website. 9.0

Parish Council Response

9.1

N/A

10.0

Representations

10.1

None received at the time of writing the report

The full text of all of the representations received is available to view on the Council’s website. 11.0

Parking Provision

11.1

N/a

12.0

Open Space Provisions

12.1

N/a

13.0

Air Quality

13.1

The site is outside of any Air Quality Management Area and will not generate significant impacts upon the zones.

14.0

Development Team and Planning Obligations

14.1

This application is not classed as a “Major” application and therefore there was no requirement for it to be considered by the Development Team and it is considered that no Planning Obligations should be sought via Section 106 (S106) of the Town and Country Planning Act 1990.

15.0

Report Background

15.1

Outline planning permission was granted in 2003 for Garrison Urban Village Development; this proposal comprised residential development (up to 2,600 dwellings) mixed uses including retail, leisure and employment, public open space, community facilities, landscaping, new highways, transport improvements and associated and ancillary development.

15.2

The former gym and the MRS building (located adjacent to the gym) are identified in the garrison legal agreement for transfer to the Council and are to be used for community and health uses. These buildings were transferred into Council ownership in 2010. The MRS building was converted for health use (two doctors’ surgeries) in about 2012. At about the same time, .the discussions were taking place with a local community group about taking on the lease of the gym. Prior to the lease being signed, the former gym was substantially damaged by fire (2013). The fire destroyed the roof, windows and the interior of the building. The upstanding brick walls however remain structurally sound.

15.3

The current application seeks consent to re-roof the gym and install fit flush photovoltaic tiles on the south roof slope. New timber ‘cathedral’ windows are to be installed in the historic range that will match the original windows as closely as possible. New Crittal style windows are to be installed in the later modern extensions. The proposed new doors are to be powder coasted aluminium. This application relates to the repair and refurbishment of the former gym building; a separate planning application will be submitted by a future tenant for the change of use of the gym. Heritage Issues

15.4

Section 72(1) of the Planning (Listed Building and Conservation Areas) Act 1990 requires that special attention is paid to the desirability of preserving or enhancing the character or appearance of a conservation area. CS Policy ENV1 and Development Plan Policy DP14 seek to conserve and enhance Colchester’s historic environment. With regard to design, CS Policy UR2 and DPP Policy DP1 seek to promote and secure high quality design. Section 12 (paragraphs 126 to 141) of the Framework deals with conserving and enhancing the historic environment. Other documents relevant to this application are the English Heritage Guidance Microgeneration in the Historic Environment and the NPPF guidance document.

15.5

The proposal relates to locally listed building in a conservation area. The former gym is sole surviving former garrison building dating the mid nineteenth century to the south of Abbey Field. The building is prominent due to its corner position and the open landscape of Abbey Field. The gym is an attractive well proportioned building with distinctive architectural features. The building is included on the Local List due to its architectural qualities and for historic interest in terms of the development of the garrison. (It should be noted that the various single storey additions to the gym are not considered to be architectural or historic interest).

15.6

The proposal to re-roof the gym and install new timber windows to the main historic range will bring the building back into a wind and weather proof condition and arrest the further of the fabric of the building. The proposed new windows are double glazed as opposed to single glazed; however given the dimension of the joinery this will not have a significant affect on the appearance of the building. The proposed photovoltaic solar panels are placed in an array grouped across the southern roof slope. The photovoltaic panels do not reflect the characteristics of a traditional slate roof covering and, as such, will affect the building’s appearance. The photovoltaic panels have been designed so that they are fitted flush with the roof slope (thereby not affecting the silhouette or profile of the roof) and by installing them only on the southern roof slope the panels will not be seen from key vantage points from within the conservation area – i.e. Abbey Field. The installation of a new roof, irrespective of the materials used to clad it, is considered to enhance the current appearance of the gym and the contribution that it makes to the character of the conservation area.

15.7

When considering the impact of a proposed development, the Framework at paragraph 132 requires that great weight should be given to the conservation of the heritage asset’s significance. Paragraphs 133 and 134 of the Framework relate to differing levels of harm (i.e. substantial and less than substantial harm) to a designated heritage asset; in this instance the designated heritage asset is the Garrison Conservation Area. Paragraph 135 uses the term non-designated heritage asset and this applies to the former gym as a locally listed building. The harm caused by the installation of the panels to the character and appearance of the conservation area, when taken as a whole, is considered to be less than substantial; paragraph 134 therefore applies to this development proposal. Paragraph 135 concerns nondesignated heritage assets where the effect of an application on its significance should be taken into account when determining the application. In weighing-up applications that affect non-designated assets, a balanced judgement is required having regard to the scale of any harm or loss and the significance of the heritage asset.

15.8

The English Heritage Guidance on micro-generation states that proposals for such equipment attached to historic buildings in conservation areas will generally be acceptable if all of the following criteria are met: •

•

•

The change will not result in the loss of special interest. This is the case here; the roof of the building has been destroyed by fire and the panels are flush fitting so as to not affect the profile of the roof. The visual impact of the equipment is minor or can be accommodated without loss of special interest. This is the case; the south roof slope is not prominently visible and it is a new roof. In fixing the equipment to the building there is no damage to significant historic fabric. A new roof is proposed and therefore there is no loss or damage to historic fabric.

•

•

• •

The cabling, pipework, fuse boxes or other related equipment can be accommodated without the loss of or damage to significant historic fabric. This is the case here. That as a part of the justification, the applicant can demonstrate that other energy saving measures or other locations with less impact on the historic fabric and special interest have been considered and are not viable. The south facing roof slope is the least prominent roofslope. The applicant can demonstrate that the proposal has a net environmental benefit. The local authority imposes a condition requiring removal of the equipment including cabling and boxes and making good of the historic fabric as soon as it falls out of use. This can be done.

The current application can met all of the above criteria. 15.9

The proposed installation of the photovoltaic panels will have a number of benefits. The panels will help to reduce the running costs of the building thereby making it more attractive (sustainable) for a community group to operate from this and this in turn will help to provide much needed community facilities in a sustainable location. The proposed works, when taken as a whole, will put the building back into a wind and weather proof condition and arrest the further decay of fabric. Moreover, once the building is weather proof an end user will be able to be found for the gym and thereby helping to secure its long-term future and the contribution that it makes to the character and appearance of this part of the Garrison Conservation Area. It is therefore concluded that the limited harm caused by the installation of the photovoltaic panels would be outweighed by the benefits, particularly those associated with bringing the building back into re-use. The proposal is therefore considered to accord with development plan policy, national guidance and the statutory test in the 1990 Act. Residential Amenity

15.10 Development plan policy DP1 states that all development must be designed to a high standard and avoid unacceptable impacts on amenity. Part III of this policy seeks to protect existing public and residential amenity, particularly with regard to privacy, overlooking, security, noise and disturbance, pollution (including light and odour pollution), daylight and sunlight. 15.11 The nearest residential properties to former gym buildings are located some 55m from the building (on Berechurch Road). Given nature of the proposed works (i.e. reinstatement of roof and windows etc), and the distance from nearby houses, it is not considered that the works will have an adverse impact on the residential amenity of nearby residents. To safeguard the amenity of nearby residents, Environmental Control has verbally suggested that a construction management plan (to include the hours of work) is submitted for approval. Trees and Landscape 15.12 Policy ENV1 states that the Borough Council will conserve and enhance Colchester’s natural and historic environment. Central Government guidance on conserving the natural environment is set out in Section 11 of the Framework.

15.13 There are a number of mature trees located between the application site and Circular Road South. There are also a number more recently planted saplings located within the car park area to the south of gym. Planning submission states that the proposed works relate to the reinstatement of a fire damaged building and, as such, the removal of trees (or landscaping of any type) is not within the scope of works. The Planning Statement opines that the only concern that has to be addressed is the potential for damage to be caused to existing trees during the construction process. 15.14 The proposed works will involve the use of a crane to lift constructional elements into position and it is anticipated that the crane will be placed on the site of the former swimming pool (to the west of the gym) and/or on the car park to the south of the former gym. The agent has advised that the existing security hoarding surrounding the gym is to remain in place during the course of the construction work. The hoarding to the north of the former gym is some 19m from the closest mature tree on Circular Road South and some 11m from the spread of its crown. Provided no construction work takes place on the north side of the described hoarding, the works would not result in damage being caused to the mature trees on Circular Road South. With regard to the trees located within the car park, the applicant has advised that these trees will be protected in accordance with BS5837. The Council’s Tree Officer has verbally advised that this approach is acceptable. 15.15 It is considered that conditions requiring the protection of trees are sufficient to safeguard the existing trees on, or adjacent to, the application site. Given this, the current planning application is considered to accord with Core Strategy Policy ENV1 and DPD Policies DP1 and DP21 paragraph 118 of the Framework which requires planning application to conserve or enhance landscape features. Transport and Accessibility 15.16 Core Strategy and Development Plan contain policies to safeguard highway safety and promote accessible developments. The current application seeks permission for the refurbishment of an existing building within the Garrison Regeneration Area. The proposal is not considered to generate any significant highway safety concerns. Any potential highway issues associated with the re-use of this building for a community use will be considered as a part of any application for the change of use of the building. 15.17 The Highway Authority has confirmed that they do not have an objection to this proposal and have stated that the crane must not on or over any land covered by highway rights. The requirement to submit a construction management plan can also be used to ensure that this development does not have an adverse impact on highway safety in terms of debris on the nearby roads etc. Contamination 15.18 Development Plan Policy DP1 requires all development to avoid unacceptable environmental impacts; part (vi) requires the appropriate remediation of contaminated land. As the site was formerly garrison land there is potential for contamination. The current application is however for the reinstatement of the roof, windows and doors etc and, on this basis, the Council’s Contamination Land Officer has recommended that a condition to cover for the eventuality of unexpected contamination being discovered.

16.0 16.1

17.0

Conclusion The Framework has at its heart the promotion of sustainable development. The proposal has significant sustainability credentials. A core planning principle of the Framework is to conserve heritage assets in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life of this and future generations. The proposal will enable the re-use of the gym, a locally listed building, which contributes to the designated heritage asset of the conservation area. It is considered that the scheme would acceptably fulfil the environmental dimension of sustainable development by preserving the identified heritage asset. The development will also have economic benefits as a result of construction activity, continuing the regeneration of the garrison area and the possible creation of additional jobs. The proposal will also help to facilitate the re-use of the former gym for community uses to serve the garrison development and wider residential areas, thus fulfilling the social dimension of the Framework. Recommendation

It is recommended that this application is approved subject to the following conditions 18.0

Positivity Statement

18.1

WA2 - Application Approved Following Revisions The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

19.0

Conditions

1

ZAA - Time Limit for Full Permissions The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

2

ZAM - *Development to Accord With Approved Plans* The development hereby permitted shall be carried out in accordance with the details shown on the submitted Drawing Numbers 15-3-1039 NPS-DR-B 11 P1, 15-3-1039 NPS-DR-B 12 P1, 15-3-1039 NPS-DR-21-P1, 15-3-1039 NPS-DR-B 62, P1,15-3-1039 NPS-DR-B 63 P1, 15-3-1039 NPS-DR-B 22 P1, 15-3-1039 NPS-DR-B 64 P1, 15-31039 NPS-DR-B 65 P1. Reason: For the avoidance of doubt as to the scope of this permission and in the interests of proper planning.

3

No works including enabling works shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i) the parking of vehicles of site operatives and visitors ii) hours of deliveries ii) loading and unloading of plant and materials iii) storage of plant and materials used in constructing the development iv) the hours of work v) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; vi) wheel washing facilities vii) measures to control the emission of dust and dirt during construction viii) a scheme for recycling/disposing of waste resulting from demolition and construction works Reason: To ensure that the construction phase of the development hereby permitted is not detrimental to the amenity of the area and/or nearby residents by reason of undue noise at unreasonable hours.

4

Notwithstanding the details submitted additional drawings that show details of any proposed new windows, doors, cills and arches to be used, by section (including reveals) and elevation, at scales between 1:20 and 1:1, as appropriate, shall be submitted to and approved, in writing, by the Local Planning Authority. The development shall thereafter be implemented in accordance with the approved additional drawings. Reason: In order to ensure that the architectural detailing of the development is appropriate and to safeguard the character and appearance of the heritage assets and their setting.

5

ZFQ - Tree and Natural Feature Protection: Protected Areas No works shall take place until all trees, shrubs and other natural features not scheduled for removal on the approved plans have been safeguarded behind protective fencing to a standard that will have previously been submitted to and agreed, in writing, by the Local Planning Authority (see BS 5837). All agreed protective fencing shall thereafter be maintained during the course of all works on site and no access, works or placement of materials or soil shall take place within the protected area(s) without prior written consent from the Local Planning Authority. Reason: To safeguard existing trees, shrubs and other natural features within and adjoining the site in the interest of amenity.

6

ZFR - Tree and Natural Feature Protection: Entire Site No burning or storage of materials shall take place where damage could be caused to any tree, shrub or other natural feature to be retained on the site or on adjoining land (see BS 5837). Reason: To protect the health of trees, shrubs and other natural features to be retained in the interest of amenity.

7

ZFS - Tree and Hedgerow Protection: General All existing trees and hedgerows shall be retained, unless shown to be removed on the approved drawing. All trees and hedgerows on and immediately adjoining the site shall be protected from damage as a result of works on site, to the satisfaction of the Local Planning Authority in accordance with its guidance notes and the relevant British Standard. All existing trees shall be monitored and recorded for at least five years following contractual practical completion of the approved development. In the event that any trees and/or hedgerows (or their replacements) die, are removed, destroyed, fail to thrive or are otherwise defective during such a period, they shall be replaced during the first planting season thereafter to specifications agreed, in writing, by the Local Planning Authority. Any tree works agreed to shall be carried out in accordance with BS 3998. Reason: To safeguard the continuity of amenity afforded by existing trees and hedgerows.

8

Within one months of the substantial completion of the roof being carried out, all adjoining surfaces which have been disturbed by the works shall be made good with materials and finishes to match those of existing undisturbed areas surrounding the new opening. Reason: In order to preserve the historic character of the building.

9

In the event that contamination that was not previously identified is found at any time when carrying out the approved development, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of the Local Planning Authority and where remediation is necessary, a remediation scheme must be prepared, in accordance with the requirements of, and subject to the approval, in writing, of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme, a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with the approved remediation scheme. This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’ and the Essex Contaminated Land Consortium’s ‘Land Affected by Contamination: Technical Guidance for Applicants and Developers’ Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

10

ZBC - Materials To Be Agreed Prior to the commencement of development, precise details of the manufacturer and types and colours of the external roofing materials (including PV tiles) to be used in construction shall have been submitted to and approved, in writing, by the Local Planning Authority. Such materials as may be approved shall be those used in the development unless otherwise subsequently agreed, in writing, by the Local Planning Authority. Reason: In order to ensure that suitable materials are used on the development as the site is prominently sited in the conservation area.

20.0 Informatives (1) ZT0 – Advisory Note on Construction & Demolition The developer is referred to the attached advisory note Advisory Notes for the Control of Pollution during Construction & Demolition Works for the avoidance of pollution during the demolition and construction works. Should the applicant require any further guidance they should contact Environmental Control prior to the commencement of the works. (2) All works affecting the highway should be carried out by prior arrangement with, and to the requirements and satisfaction of, the Highway Authority and application for the necessary works should be made by initially telephoning 08456 037631. (3) ZTA - Informative on Conditions Stating Prior to Commencement/Occupation PLEASE NOTE that this permission contains a condition precedent that requires details to be agreed and/or activity to be undertaken either before you commence the development or before you occupy the development. This is of critical importance. If you do not comply with the condition precedent you may invalidate this permission. Please pay particular attention to these requirements.