Agenda Item No
The Vale of Glamorgan Council
Cabinet Meeting: 23rd July, 2012
Report of the Cabinet Member for Regeneration, Innovation, Planning and Transportation
Future Development Sites - Barry Waterfront and Barry Island Pleasure Park - Update
Purpose of the Report
1. To update Members on the current situation in respect of the major development proposals relating to Barry Waterfront and Barry Island Pleasure Park.
1. That the content of the report is noted
Reason for the Recommendation
2. The report provides an update as to the current position relating to the sites.
2. On 11th September 2009 an outline planning application (ref. 2009/00946/OUT) was received for the "development of vacant land at Barry Waterfront for residential (C3), retail (A1), cafes, bars and restaurants (A3), hotel (C1), offices (B1) and community and leisure uses (D1 and D2). Development of vehicular and pedestrian/cycle access including a new link road, re-grading of site to form new site levels and associated infrastructure works, parking, servicing, landscaping, public realm and public open space provision".
3. Following extensive discussions and negotiations between Officers of the Council and the applicants, resolutions were passed at the Planning Committees of 7th July 2011 and 17th November 2011 that subject to the relevant person(s) first entering into a Section 106 Legal Agreement or undertaking to include the necessary planning obligations the applications be approved
4. The legal agreement has since been completed and planning permission issued on 2nd March 2012, with the negotiated agreement including a requirement that the development viability is appraised by an independent expert at the Developer’s expense every 5 years, or on substantial completion of every 500 dwellings or named Phase (in 3 phases), whichever is the sooner, with any improvement in the development viability to a degree that enables the provision of increased level of community infrastructure or affordable housing being recycled to secure additional planning obligations to be used by the Council in agreement with the developer at that time having regard to strategic priorities and relevant planning policy at that time.
5. The secured planning obligations - in the event the development viability remains the same or becomes less viable - are summarised below (with full details of phasing etc available in the agreement attached to the application): -
· Implementation of off site highway works at Barry Island identified in the Transport Assessment (estimated £1,010,000 contribution)
· Off-site highway contribution of £1,625,000
· Contribution of £835,000 towards sustainable transport facilities (or otherwise provide the sustainable transport facilities to the same value)
· Provide 1.5 hectares of land within West Pond for a primary school and associated facilities; procure the construction of a 1 form entry primary school (capable of expansion to create a 2-form entry primary school) plus nursery on the education site
· Procure that at least 15% of the dwellings built pursuant to the planning permission are built and thereafter maintained as affordable housing units in perpetuity, of which at least 12% would be social rented properties, and the remaining 3% would be intermediate properties. The affordable housing to be delivered alongside the market housing units; i.e. 15 affordable housing units to be provided for every 85 market houses completed and occupied.
· Public open space provided on site in the form of at least 13 No. Local Areas for Play (LAPs), 2 No. Local Equipped Areas for Play (LEAPs) with 5 types of equipment and 1 No. Neighbourhood Equipped Area for Play (NEAP) with 8 types of play equipment.
· Public open space contribution of £100,000
· The developer to make appropriate provision for the future maintenance of the public open space
· Community facilities contribution of £300,000
· Standard clause requiring payment of a fee to monitor and implement the legal agreement (£137,775 in this case), to be paid in agreed instalments
6. The agreement also includes a requirement that, in the event the development viability improves and becomes profitable, the Council will receive a 25% share of any profit to provide the following (as viability allows):
· Further off-site highway contribution of £993,000.
· Contribution of £800,000 to provide or enhance sustainable transport facilities
· Financial contribution of £956,100 to meet the demand for welsh medium education arising as a result of the development.
· Financial contribution of £62,500 to cover the initial school transport cost of pupils occupying the development.
· Procure that at least 30% of the dwellings built pursuant to the planning permission are built and thereafter maintained as affordable housing units in perpetuity, of which at least 24% would be social rented properties, and the remaining 6% would be intermediate properties.
· contribution of £700,000 to provide or enhance open space and recreational facilities
· Provide a community facility on site, alongside provision for its future operation and maintenance, or pay a contribution of £500,000 to provide or enhance community facilities
· Contribution of £200,000 towards ecology compensation measures.
· Contribution of £12,000 towards Pollution monitoring.
· Provide public art on the site to the value of 1% of the build costs or otherwise pay a contribution to the same value to the Council.
7. In addition to the above outline consent, full planning permission ref. 2010/00696/FUL was granted on 5th September 2011 for "re-grading of site, remediation of contamination and construction of link road to Barry Island".
BarryIsland Pleasure Park
8. In November 2008, an outline planning application (ref. 2008/01533/OUT) was received for the redevelopment of the Barry Island Pleasure Park. Following extensive negotiations with the applicants, the scheme was revised to relate to a 'mixed use redevelopment including commercial leisure, retail and residential and a care home'.
9. Although in outline with all matters reserved for subsequent approval, indicative layout and elevations were submitted and indicated the following scale of development: -
· Gross floor spaces for the respective uses as follows: - Retail - 1742m²; Restaurants and cafes - 3322 m²; Leisure - 4738 m².
· The main A3 uses are proposed at the western end of the site within part of a curved building that arcs around the site perimeter. This curved building (with a central dome) would also accommodate a cinema and indoor leisure uses on a single floor.
· The residential component of the site comprises 124 flats, accommodated within three and four storey blocks above commercial ground floor uses, comprising 92 open market flats (28 one bed and 64 two bed) and 32 one bed affordable units.
· A 60 bed residential care home fronting Station Approach, above lower levels of car parking.
· A 344 space car park over three floors, with a roof garden above.
10. The application was subsequently reported to the Planning Committee on 1st March 2012, at which time Members resolved to grant planning permission subject to the applicant first entering into a planning obligation to secure the following necessary planning obligations:
· That at least 25% of the residential units are built and thereafter maintained as affordable housing units in perpetuity.
· Contribution of £230,000 towards sustainable transport facilities in the vicinity of the site.
· Contribution of £230,000 to contribute towards the enhancement of public open space in the area.
· Standard clause requiring the payment of a fee to monitor and implement the legal agreement (£9,920 in this case).
Relevant Issues and Options
11. Since the grant of planning permission, the applicants and their agents have been undertaking extensive preparatory work, including the submission of information relating to conditions on the relevant consents, and at the time of writing it is understood that the commencement of development is imminent. It has also recently emerged that the Consortium has selected Asda to deliver the supermarket development.
12. In addition, at the time of writing application(s) are anticipated for the first 'reserved matters' submissions relating to housing development at 'West Pond', with outline discussions having also commenced with regard to the proposed retail development, within Phase 1.
13. The delivery of the link road up to the junction into 'West Pond' and the new retail food store is anticipated by mid-end 2013, with the connection of the link road to Barry Island being delivered as part of Phase 2, this being anticipated approximately 5 years from now, based on current phasing timescales.
BarryIsland Pleasure Park
14. Subsequent to the above resolution to grant planning permission, discussions have continued with the applicants and their legal advisors with regard to completion of the appropriate legal agreement, although this is yet to be concluded.
15. Once an agreement is concluded and signed by all parties, the planning permission will be issued.
16. Given that the application is in outline form, any prospective developer will need to submit a 'reserved matters' application (or a full application) for the future detailed development of the site.
Resource Implications (Financial and Employment and Climate Change, if appropriate)
17. The consideration of the application and dealing with associated issues are met from the departmental budget.
Legal Implications (to Include Human Rights Implications)
18. None directly relevant to this report.
Crime and Disorder Implications
19. None directly relevant to this report.
Equal Opportunities Implications (to include Welsh Language issues)
20. None directly relevant to this report.
21. The programme of major development schemes relating to the sites in operation links with the key objective relating to regeneration.
Policy Framework and Budget
22. The report is a matter for Executive decision by Cabinet.
Consultation (including Ward Member Consultation)
23. Local Ward Members have been notified of the report.
Relevant Scrutiny Committee
24. Economy and Environment.
Planning application files ref. 2009/00946/OUT, 2010/00696/FUL and 2008/01533/OUT
Steve Ball, Principal Planner (Applications) - 01446 704602.
Finance, ICT and Property
Legal Services - Committee Reports
Rob Thomas - Director of Development Services.