16/P/01284 Land Bound by Commercial Road and Woodbridge Road, Guildford Not to scale

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2 16/P/01284 Land Bound by Commercial Road and Woodbridge Road, Guildford N Not to scale

3 App No: 16/P/01284 Type: F 8 Wk Deadline: 16/08/2016 Appn Type: Full Application Case Officer: John Busher Parish: Friary & St. Nicolas Ward: Friary & St. Nicolas Agent : Mr. Angus Goodwin ZMMA 25b Underwood Street London N1 7LG Applicant: Mr. Barry Fagg Guildford Borough Council Major Projects Millmead House Millmead Guildford GU2 4BB Location: Proposal: Land bound by Commercial Road and Woodbridge Road, Guildford, GU1 4SU Proposed change of use of land to a temporary retail/commercial (use classes A1, A3, B1) 'Pop-Up Village' formed of 41 repurposed shipping containers and events/arts activity area within a vacant site. This application is referred to the Planning Committee in accordance with the Constitution, because the applicant is Guildford Borough Council and the proposed development is not considered to be a minor project. Site description The application site is a rectangular piece of land, which fronts onto both Commercial Road and Woodbridge Road in Guildford Town Centre, approximately 60 metres from North Street. The site has been cleared of its previous built form, is now vacant (with the exception of an electricity substation) and has hoardings around its perimeter. The site was previously occupied by a nightclub and furniture store. Its surface consists of crushed building rubble and is generally flat, save for a 'mound' of rubble in the south east corner of the site. The surrounding area is mixed use in character, but is predominated by commercial and retail businesses. To the west of the site, on the other side of Commercial Road is the bus station and adjoining the site to the north is a surface level car-park. In terms of designations, the site is within the town centre area of high archaeological potential. The Commercial Road frontage of the site is designated as a tertiary shopping area and the Woodbridge Road frontage is a secondary shopping area. Proposal Proposed change of use of land to a temporary retail/commercial (use classes A1, A3, B1) 'Pop-Up Village' formed of 41 re-purposed shipping containers and events/arts activity area within a vacant site. The proposed use is for a temporary period of three years. The shipping containers would be mainly used for A1 (retail) and A3 (restaurants and cafes) uses, with a smaller number available as small start-up office units (B1). The site would have its main access points from both Commercial Road and Woodbridge Road. The containers would mainly be located on the southern half of the site, with the northern half reserved for a landscaped area (with planters) and the events / entertainment area. The majority of the containers would be limited to single storey in height, although there would be three, two storey units fronting

4 onto Woodbridge Road. The containers themselves would need to be modified to accommodate the new uses and whilst exact details are not available at this time, they are likely to include a glazed 'end' which would form their entrance. No car parking is proposed, but there would be a small area provided for cycle parking along the Commercial Road frontage. Relevant planning history Reference: Description: Decision Summary: 13/P/02048 Prior Notification under Schedule 2, Approved Part 31 of the Town and Country Planning (General Permitted Development) Order 1995 for demolition of existing properties and associated remedial works. Appeal: N/A It is noted that the existing buildings were demolished a number of years ago, following the approval of the above application. In the longer term, the site is likely to be incorporated into the wider North Street regeneration scheme. The plot is a large town centre site and its use for a temporary period until a more thorough regeneration of the area can take place, would be desirable. Consultations Surrey County Council, County Highway Authority: No objections, subject to conditions requiring improvements to dropped kerbs in the immediate area and the provision of a Construction Management Plan. It must be noted that the County Highway Authority have raised some concerns about an increase in pedestrians crossing to a new pop up village and the exposure to risk of pedestrians being in collision with motor vehicles. However, the applicant has suggested a number of measures to reduce these risks, which will be set out later in the report. Surrey Police - Crime Prevention: The following comments have been made - no details of how the scheme will be gated (Officer Note: These details will be requested and secured by condition); some 'blind spot areas' and 'dead space' within the development, which could give rise to anti-social behaviour (Officer Note: The proposed use will be self-policing during the day and will be secured when not open for business); no lighting plan has been submitted, so cannot comment on the possible impact on the town's CCTV system (Officer Note: These details will be secured by condition); the proposed sunshades could give rise to anti-social behaviour; no details of the events which will be staged; and issues relating to the 'tagging' (graffiti) of the boundary hoardings. Environmental Health: No objections. Conditions have been recommended to require the submission of a Noise Scheme prior to any of the planned entertainment events taking place. Third party comments: One letter of representation has been received raising the following objections and concerns: the proposal would create heavy traffic on Woodbridge Road, which would have an adverse impact on local businesses (Officer Note: No objections have been raised by the

5 County Highway Authority in this regard). Planning policies The following policies are relevant to the determination of this application. National Planning Policy Framework (NPPF) Core planning principles Chapter 1. Building a strong, competitive economy Chapter 2. Ensuring the vitality of town centres Chapter 7. Requiring good design Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007) G1 General Standards of Development G5 Design Code S5 GTC Secondary Shopping Areas S6 GTC Tertiary Shopping Areas Planning considerations The main planning considerations in this case are: the principle of development the impact on the character of the area and existing site the impact on neighbouring amenity highway/parking considerations The principle of development Paragraph 23 of the NPPF provides the policy context for the provision of retail and commercial facilities within existing town centres. It is noted that competitive town centres that provide customer choice and a diverse retail offer which reflects the individuality of an area should be promoted. Paragraph 24 goes on to state that 'Local Planning Authorities should apply a sequential test to planning applications for main town centre uses that are not in an existing centre and are not in accordance with an up-to-date Local Plan. They should require applications for main town centre uses to be located in town centres, then in edge of centre locations and only if suitable sites are not available should out of centre sites be considered'. The NPPF also states that 'planning should operate to encourage and not as an impediment to sustainable growth. Therefore, significant weight should be placed on the need to support economic growth through the planning system'. The application site is located to the north of North Street and includes two identified shopping frontages; a secondary shopping frontage along Woodbridge Road and a tertiary shopping frontage along Commercial Road. While the Local Plan does include policies which relate to both the secondary and tertiary shopping frontages, neither of these policies fully relate to the re-development of a vacant site. However, the over-arching theme of both policies is that a diversity of uses is to be encouraged, on the understanding that new proposals contribute to, and do not detract from the character, vitality or viability of the town centre. As noted above, the NPPF advises that new retail development should be directed towards existing town centres, which for retail is defined as the primary shopping area. While the application site is located outside of the identified primary shopping area, it is one of the

6 closest vacant sites to it, which could accommodate the level of retail space proposed and the specific needs of these small start-up style enterprises. In addition, it is anticipated that due to their size and function that they would attract mainly small, possibly local businesses, which currently unable to get a foothold into the Guildford market due to high rents and the lack of small retail units. The proposal would therefore add diversity to the town centre retail offer and would make a positive contribution to the vitality and viability of Guildford as a retail and commercial destination. Given the nature of the businesses which are likely to occupy the units, the proposal would not result in any harm to more established primary retail area such as the High Street and North Street. As regards the proposed A3 and B1 units, these are acceptable uses within the town centre boundary and they would again add to the liveliness of this part of the town centre. The development also includes an event space and landscaped area in the southern half of the site. This would include space for a 'stage' area in the north-west corner of the site and a viewing area which could potentially accommodate up to 400 people. While there are no details of the events which could take place, in principle, such a use would be complimentary to the town centre as a whole and would again contribute positively to the vitality and viability of the area. Given the above, the proposal is considered to be compliant with both the NPPF and the relevant policies of the Local Plan. The impact on the character of the area and existing site At present the application site is vacant, finished with crushed rubble and surrounded by a two metre high white hoarding. It does not contribute positively to the streetscene or to the character or appearance of the area. In terms of its appearance, it is fully acknowledged that the proposed development, with the use of shipping containers, would be a slightly unusual addition to the streetscene and the area in general. However, the proposal would create a bespoke area, with small, independent retail units and commercial space which would positively contribute to the character of the town and improve the appearance of this vacant site. In this context, the design and appearance of the proposal would be acceptable. The use would add vitality to this area of the town and would be a good temporary use of the site until the wider regeneration of the area takes place. It is noted that similar pop-up villages have been successful in other areas of the country, most notably Boxpark in Shoreditch. In terms of the detailing of the internal spaces, it is noted that the ground level would be finished with a tarmac path across the main pedestrian areas. Bark chippings would be used for the more marginal spaces, where footfall is expected to be lower. The northern end of the site, where the events will take place would be finished in a similar standard, with planters at various points. The site would also be levelled out, removing the existing mound in the south-east corner. A boundary treatment would be erected around the site and would be decorated accordingly. The containers themselves would have a glazed 'shopfront' as their entrance and all publicly visible sides of the containers would be painted in a uniform colour. Given the fact that the proposal is for a temporary period of three years and the improvement it would make to the existing site, the development would not result in any material or long-lasting harm to the character or appearance of the area and would be acceptable in this regard.

7 A condition is recommended which requires the applicant to submit details of how the site will be finished. This will include details of the exact finish of the hardstanding; how the units will be decorated; boundary treatment finishing (including gates); details of the sun shades etc. The impact on neighbouring amenity The proposed use would have operating hours of 8am to 11pm Monday to Saturday and 10am to 10pm on Sundays and Bank Holidays. Although there are a number of buildings along the eastern side of Woodbridge Road, opposite the site, from the Council's records, none are in use as residential dwellings. The closest residential dwellings to the site are therefore located at Friary House. These are approximately 70 metres away to the west, and also set on top of the Friary shopping centre, so at an elevated height compared to the application site. Given the background noise levels in this area of the town centre, the proposed village would not result in any significant increase in noise levels to surrounding residential properties. In terms of the events area of the pop-up village, it is understood that some of these would require a license from Environmental Health, which would control times and noise levels depending on the activities being proposed. However, it is possible that live music falls outside of the Environmental Health regime and therefore, it has been suggested that a condition is imposed which requires the applicant to submit a Noise Scheme for approval, prior to any such use taking place. These measures would prevent any potential for amenity impacts on surrounding residential properties. Given the above and the town centre location, the proposed development could be accommodated on the site, without any harm to the amenity of neighbouring properties. Highway/parking considerations The application site is in a highly sustainable location within the town centre and close to the bus and train stations. No on-site car parking is being provided on the site, however, the site is located close to a number of town centre car parks, which could be utilised by customers. It is acknowledged in the Transport Statement submitted with the application that vehicular movements could potentially increase as a result of the proposal. While this is the case, it is considered that many of these movements may be linked to other trips to the rest of the town centre. As a result, the movements would be spread out across the town centre car parks and on buses, trains etc. and there would be no resultant harm to the overall highway network. This view has been confirmed by the County Highway Authority and no objections have been raised in this regard. In terms of access, pedestrians would gain entry to the site from its southern end, from both Commercial Road and Woodbridge Road. Pedestrian movements are likely to increase around the site and in particular along North Street. While the County Highway Authority has not raised an objection to the proposal, it is acknowledged that concerns have been raised regarding the potential conflict between the increased pedestrian flows and vehicles, especially given the accident levels which have been recorded along North Street. There are a number of points to consider as a response to this issue. Firstly, while the proposed pop-up village will be a new facility for the town centre, it will complement the existing retail offering and is unlikely, in itself, to attract large numbers of additional pedestrians to this area of the town. Most visitors to the proposed site will combine

8 it with shopping in the Friary Centre and along North Street and the High Street. As such, it is unlikely that the risk of a collision between a pedestrian and a vehicle will increase significantly as a result of the proposal, when compared with the existing situation. Secondly, the applicant has recognised the comments provided by the County Highway Authority and it is noted that pedestrian movement to the site will be continually monitored. If the situation arises, particularly during the events which are scheduled to take place, the applicant may employ marshals to guide pedestrians safely through the area and ensure the safe operation of the facility. It is recommended that the applicant submits a public safety scheme before any events take place from the site and this will be secured by condition. Finally, it is noted that a suite of improvements will be made to pedestrian infrastructure in the area. These include improvements to dropped kerbs along Commercial Road and the provision of a safe crossing point across Commercial Road. These measures would be installed before the village is opened for trading. The County Highway Authority note that these improvements should improve access for all users approaching the site from any direction. In terms of deliveries, it is noted that no vehicular access would be provided to the site. The applicant's Transport Statement notes that given the nature of the development, it is anticipated that a significant number of the deliveries would be undertaken by tenants themselves and would be transported by hand or by trolley from town centre car parks. Other larger deliveries would be made using the existing on-street loading opportunities on the highway network. However, it is noted that it is unlikely that these trips would be made by vehicles larger than a transit style van. As regards the proposed events space it is acknowledged that there would be infrequent trips associated with this use, including the setup and take-down of stage sets. While this may need larger vehicles than transit vans, it is noted that space could be reserved in the adjacent car park to facilitate these trips. The applicant has submitted a Delivery and Servicing Management Plan (DSMP) which details the above. The County Highway Authority recommends that the implementation of this plan be secured by condition. While this request has been given serious consideration, the DSMP essentially promotes deliveries which utilise either public car parks or the public highway. As the Local Planning Authority has no way to enforce or control such measures, a condition along the lines recommended by the County Highway Authority would not meet the tests for conditions set out in the NPPF. Other suggestions in the DSMP include advising tenants to source supplies locally, maintaining a record of deliveries and the scheduling of deliveries to avoid peaks in servicing etc. While these measures are to be welcomed, given the nature of the village, with numerous different tenants on various leases, it would not be practical or enforceable to require their implementation by condition. As an alternative to a condition, it is recommended that an informative be placed on the permission which requests the applicant to make reasonable endeavours to implement and comply with the DSMP, however, it would not be a requirement of the planning permission. In light of the conditions noted above, the lack of an objection from the County Highway Authority and a commitment from the applicant to monitor pedestrian safety throughout the course of the development, the proposal would not result in any greater risk to highway safety than the existing situation and there are no concerns regarding highway capacity. The proposal is therefore deemed to be acceptable in this regard. Conclusion The proposal is for the temporary use of the land for a mix of A1, A3 and B1 uses. The development represents is a good use of the land and removes a currently vacant, unattractive site from a prominent position in the town centre. The proposal would be a vibrant and modern addition to the existing town centre offering and would add to the diversity, vitality and viability of the surrounding area.

9 The proposal would not result in any material or long-lasting harm to the character or appearance of the area and there would be no amenity impacts to surrounding properties. With the conditions noted above, particularly those relating to highway safety, the development is deemed to be an acceptable addition to the area, which is compliant with local and national policies. The application is therefore recommended for approval. RECOMMENDATION: Approve subject to the following condition(s) and reason(s) :- 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51(1) of the Planning and Compulsory Purchase Act The use hereby permitted shall be for a limited period expiring on three years from the date of this permission. On or before the expiration of which period the use shall be discontinued, and the land restored to its former condition. Reason: The applicant has applied for a temporary change of use for a period of three years. A permanent permission would need to be considered on its own individual merits. 3. The development hereby permitted shall be carried out in accordance with the following approved plans: PUV/PL/00; PUV/PL/01; PUV/PL/02; PUV/PL/03; PUV/PL/04; PUV/PL/05B; PUV/PL/06A; PUV/PL/07A; PUV/PL/08; PUV/PL/09 (2 of 3); and PUV/PL/09 (3 of 3) received on Reason: To ensure that the development is carried out in accordance with the approved plans and in the interests of proper planning. 4. Before any of the units hereby approved are occupied, details of the following shall be submitted to and agreed in writing by the Local Planning Authority. The development shall only be carried out in accordance with the approved details. finish and materials of all hardstanding areas; detailed drawings showing boundary treatments, including any entrance gates; detailed drawings and finishes of the proposed steps and ramp; a landscaping scheme for the site; a strategy for advertising across the site, both for the units themselves and the pop-up village in general. This should include the style and size of lettering, the use of vinyl to the shopfronts, details of illumination and the size and location of hanging signs; a lighting strategy for the site, including details of the proposed lighting units; and details of the decoration and finish (including colours) of the units. Reason: To ensure that the site is finished to an appropriate standard.

10 5. The following package of measures shall be implemented at the applicants expense in accordance with details to be submitted to and approved in writing by the Local Planning Authority prior to first occupation of the development:- i) the dropped kerbs along the eastern footway on Commercial Road shall be raised; ii) a dropped kerb shall be provided on the footway at the southern end of Commercial Road to allow access for all users approaching the site from the south; iii) dropped kerbs shall be provided on the footway at the access to the car park on the northern end of Commercial Road, to allow access for all users approaching the site from the north; and iv) a safe crossing point across Commercial Road needs to be provided, the dropped kerb on the central bus reservation should be extended to the south and a dropped kerb shall be provided on the eastern footway on Commercial Road near to the proposed site entry point shown on drawing number PUV/PL/05, Revision A. Reason: To ensure that the development does not prejudice highway safety. 6. No development shall commence until a Construction Transport Management Plan, to include details of: (a) parking for vehicles of site personnel, operatives and visitors (b) loading and unloading of plant and materials (c) storage of plant and materials (d) programme of works (including measures for traffic management) (e) provision of boundary hoarding behind any visibility zones (f) HGV deliveries and hours of operation (g) vehicle routing (h) measures to prevent the deposit of materials on the highway (i) on-site turning for construction vehicles has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented during the construction of the development. Reason: To ensure that the development does not prejudice highway safety. 7. During opening hours deliveries, unloading or loading shall not be undertaken on the site. This shall exclude emergency access and any deliveries, loading or unloading in connection with the set-up or future on-going maintenance of the site. Reason: To protect pedestrian safety. 8. Before the first performance/event takes place at the proposed events area, a Noise Scheme and Public Safety Scheme shall be submitted to and approved in writing by the Local Planning Authority. This shall include details of how the closest residential properties will be protected from noise as a result of performances and events taking place on the site, as well as details of how they will be marshalled. The recommendations and any mitigation set out in the Noise Scheme and Public Safety Scheme shall be implemented in full before the first performance / event takes place and retained for the duration of the use.

11 Reason: In order to protect the amenity of the closest residential dwellings and to ensure the safe operation of the performances and events. Informatives: 1. In accordance with paragraphs 186 and 187 of the National Planning Policy Framework, Guildford Borough Council takes a positive and proactive approach to development proposals focused on looking for solutions. We work with applicants in a positive and proactive manner by: offering a pre-application advice service updating applicants/agents of any issues that may arise in the processing of their application and where possible suggesting solutions In this instance the applicant did not enter into formal pre-application discussions. Additional information and clarification has been requested throughout the course of the application process. The proposal is now compliant with national and local policies and has been recommended for approval. 2. Notwithstanding any permission granted under the Planning Acts, no signs, devices or other apparatus may be erected within the limits of the highway without the express approval of the Highway Authority. It is not the policy of the Highway Authority to approve the erection of signs or other devices of a nonstatutory nature within the limits of the highway. 3. The permission hereby granted shall not be construed as authority to carry out any works on the highway. The applicant is advised that prior approval must be obtained from the Highway Authority before any works are carried out on any footway, footpath, carriageway, or verge to form a vehicle crossover or to install dropped kerbs. Please see: 4. A pedestrian inter-visibility splay of 2m by 2m shall be provided on each side of the access, the depth measured from the back of the footway and the widths outwards from the edges of the access. No fence, wall or other obstruction to visibility between 0.6m and 2m in height above ground level shall be erected within the area of such splays. 5. The applicant shall make their best endeavours to ensure that all tenants comply with the measures set out in the Delivery and Servicing Management Plan, dated and prepared by Motion. 6. The applicant's attention is drawn to the comments received from the County Highway Authority dated , which note that North Street is as an environment that is busy with a range of road users including motor vehicles including a large number of buses, pedestrians and cyclists, which results in conditions that could affect vulnerable road users especially pedestrians. The applicant has made a commitment that the junction of the Friary Centre and Commercial Road will be monitored. It is recommended that this monitoring should be undertaken for the lifetime of the use and the operation of the site amended to overcome any issues as they arise. As noted by the County Highway Authority, it will be the responsibility of the applicant to ensure users of the site can safely access it from all directions, appropriate signage should be provided to indicate the best routes to access the site.