AT Block B4 Bounded By Avebury Boulevard, Childs Way, Witan Gate And Grafton Gate And Part Block B3, Avebury Boulevard, Central Milton Keynes.

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1 APP 05 Application Number: 13/00967/REM Major Reserved matters pursuant to outline planning permission 04/00028/OUT regarding development of 400 dwellings (56 x one bed apartments, 207 x two bed apartments and 137 x three bed apartments, duplexes and houses) and 885sqm of flexible A1, A2, A3 and B1 commercial space together with associated roads, landscaping and car parking AT Block B4 Bounded By Avebury Boulevard, Childs Way, Witan Gate And Grafton Gate And Part Block B3, Avebury Boulevard, Central Milton Keynes FOR Barratt Northampton Target: 12th August 2013 Ward: Campbell Park Parish: Central Milton Keynes Town Council Report Author/Case Officer: Anna Holloway Contact Details: anna.holloway@milton-keynes.gov.uk Head of Team: Jackie Fox Contact Details: jackie.fox@milton-keynes.gov.uk 1.0 INTRODUCTION (A brief explanation of what the application is about) 1.1 The main section of the report set out below draws together the core issues in relation to the application including policy and other key material considerations. This is supplemented by an appendix which brings together planning history, additional matters and summaries of Consultee responses and public representations. Full details of the application, including plans, supplementary documents, Consultee responses and public representations are available on the Council s Public Access system All matters have been taken into account in writing this report and recommendation. 1.2 The Site The application site (Block B4.4) comprises the eastern portion of Central Milton Keynes Block B4. It is bounded by Childs Way (H6) grid road to the south, Witan Gate to the east, Avebury Boulevard to the north and South 4 th Street and East Square to the west. The application site is the eastern portion of the larger site covered by outline planning permission 04/00028/FUL. The site is within the Sustainable Residential Quarter of CMK. Details of the location of the site and its relationship to surrounding properties can be seen in the plans attached to this report.

2 1.3 The Proposal Reserved matters pursuant to outline planning permission 04/00028/OUT regarding development of 400 dwellings (56 x one bed apartments, 207 x two bed apartments and 137 x three bed apartments, duplexes and houses) and 885sqm of flexible A1, A2, A3 and B1 commercial space together with associated roads, landscaping and car parking. This reserved matters application is for a phase of the larger development granted outline planning permission (04/00028/OUT) and has been submitted within the timeframe contained within the outline planning approval (reserved matters to be submitted by 15 th January 2018). The application is for an alternative reserved matters proposal to that already approved under reference 08/00083/REM. Details of the proposal as described above can be seen in the plans appended to this report. 2.0 RELEVANT POLICIES (The most important policy considerations relating to this application) 2.1 National Policy National Planning Policy Framework: Paragraph 14: Presumption in favour of sustainable development Paragraph 17: Core planning principles 2. Ensuring the vitality of town centres 4. Promoting sustainable transport 6: Delivering a wide choice of high quality homes 7. Requiring good design 8. Promoting healthy communities 11. Conserving and enhancing the natural environment 2.2 Local Policy Core Strategy CS7: Central Milton Keynes CS10: Housing CS 11: A Well Connected Milton Keynes CS 12: Developing Successful Neighbourhoods CS13: Ensuring High Quality, Well Designed Places 2.3 Adopted Milton Keynes Local Plan S5: Central Milton Keynes D1: Impact of Development Proposals on Locality D2A: Design of New Development D2: Design of Buildings D4: Sustainable Construction NE3: Biodiversity and Geological Enhancement CC3: CMK Development Framework CC7a: Key Transport Principles CC7c: Key Principles for Parking CC8: Design and Layout

3 CC9: Design of New Buildings CC12: Sustainable Residential Quarter T1: The Transport User Hierarchy T2: Access for those with Impaired Mobility T3: Pedestrians and Cyclists T4: Pedestrians and Cyclists T9: The Road Hierarchy T10: Traffic T11: Transport Assessments and Travel Plans T15: Parking Provision H3: Affordable Housing H4: Affordable Housing H5: Affordable Housing H8: Housing Density H9: Housing Mix L3: Standards of Provision (and Appendix L3) 2.4 Supplementary Planning Documents/Guidance Parking Standards for Milton Keynes SPG (2005) and Addendum (2009) Sustainable Construction SPD (2007) New Residential Development Design Guide SPD (2012) Affordable Housing SPD (2013) CMK Development Framework SPD (2013) 2.5 Neighbourhood Plan CMK Alliance Plan 2026 CMKAP S1: Strategic Objectives CMKAP G1: Public Realm Infrastructure CMKAP G3: Landscaping and Open Space CMKAP G5: Green Frame CMKAP G6: Mixed Use CMKAP G7: Active Frontages CMKAP G8: Block Structure CMKAP G9: Design of Buildings CMKAP G10: Residential Developments CMKAP G12: Planning Obligations CMKAP SS1: Strategic Reserve Sites CMKAP SS4: Indicative Land Use Proposals CMKAP T1: Access and Design CMKAP T3: Cycling CMKAP T4: Parking An emerging neighbourhood plan may be considered as a material consideration; this can depend on the stage the plan has reached and the level of consultation undertaken. In the case of the CMK Business Neighbourhood Plan the planning weight currently given to this draft document should be limited. Greater weight should be given to the saved local plan policies, the policies of the Core Strategy and the NPPF.

4 3.0 MAIN ISSUES (The issues which have the greatest bearing on the decision) Impact on the character and appearance of the area. 2. Impact on neighbouring amenity. 3. Impact on highways and parking. 4.0 RECOMMENDATION (The decision that officers recommend to the Committee) 4.1 It is recommended that planning permission be granted subject to a condition listing the approved plans, the conditions set out at the end of this report and a s.106 agreement regarding a carbon offset fund contribution. 5.0 CONSIDERATIONS (An explanation of the main issues that have lead to the officer Recommendation) 5.1 Principle of the Development Outline planning permission was granted for Block B4 in 2008 (under reference 04/00028/OUT) for a new residential quarter to comprise residential (1960 units), B1 (8350 sq m), A1, A2, A3, B1 or D1 (7720 sq m), primary school, community centre and public open space with associated roads and landscaping. The proposed application site is the eastern section of Block 4 and is known as B4.4; the site has a Development Brief which provides development and design guidance. A reserved matters application was granted for phase 1 of Block B4 in 2008 under reference 08/00083/REM for the erection of mixed use development including 650 residential units, 2480 sq m of commercial space (to include office, retail and café / bar uses), 504 parking spaces, landscaping and play areas. The current application is an alternative proposal to that already approved under reference 08/00083/REM. 5.2 There have been changes to the planning policies and supplementary planning documents since the original grant of outline planning permission including the replacement of the CMK Development Framework and the adoption of the Core Strategy. However, outline planning permission has already been granted for this site and is extant and therefore the principle of the development has already been established. Whilst the CMK Development Framework 2013 identifies Block B4 as an undeveloped site that should be retained until an exceptional development opportunity has been secured, greater weight must be given to the extant outline planning permission whereby the principles of the development have already received planning permission. 5.3 The density of the development would be approximately 113 dwellings per hectare (based on red line boundary) or 159 dph if the 1.03 ha of land which is to be adopted by the Council (including East Square) is excluded. The density is consistent with the Development Brief and the outline planning permission which is for a high density development approaching 180 dwellings per hectare. The outline planning permission is for a primarily

5 residential development of mostly apartments but also a small but significant number of houses. The quantum and mix of the proposed development would fall within the amount approved by the outline planning permission and therefore the principle of the development as proposed within this reserved matters application is acceptable. 5.4 Character and Appearance of the Area Paragraph 14 of the NPPF makes it clear that development should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits. The design of the current proposal should be considered in terms of the parameters of the outline planning permission and the Development Brief for Site B4.4, the policies of the core strategy, the saved policies of the local plan, the CMK Development Framework and section 7 of the NPPF. The Council s Senior Urban Designer has assessed the proposed development and has concluded that the proposed development is consistent with the Development Brief for this site. Please see paragraphs A3.14 A3.29 of the Appendix for the assessment of the proposed development by Urban Design. 5.5 Whilst the majority of CMK is characterised with building frontages that are set back from the Boulevards and Gates, the recent development (the Hub and Vizion) at the Witan Gate / Avebury Blvd junction has brought building lines forward at this point. The proposed development (in accordance with the outline planning permission) also brings the building line forward and would reinforce the strong urban character to this part of CMK and would replicate the building line found on the opposite side of this part of Witan Gate. Whilst the outline planning permission grants consent to the principle of bringing the building line forward for the whole of Block B4, in the event that subsequent phases do not come forward under the outline planning permission then the resultant relationship to the remainder of Block B4 could be similar to that already found on the opposite side of Witan Gate where the building line of only the western portion of site C4 has been brought forward to the boulevard. In addition, the proposed East Square could provide a buffer or visual break between Block B4.4 and a future proposal of the rest of Block B4 should that move away from the outline planning permission. 5.6 The proposed development would be comprised of several different character areas. Character Area A is Avebury Boulevard: it is a principle route and represents the most public façade to the scheme. The ground floor would contain commercial units and would be set back under a colonnade. Above the ground floor would be residential flats. The buildings are taller fronting onto Avebury Boulevard with the tallest building located on the corner with Witan Gate. From Avebury Boulevard the scale of the development would step down across the site towards Childs Way where Character Area E contains lower scale town houses which front onto the cycle link at the approach to the underpass to Oldbrook. In the centre of the site would be a courtyard garden above the undercroft car park with medium rise residential development fronting onto South 4 th Street and East Square and also onto Witan Gate. The frontage to Witan Gate includes the landmark building on

6 the corner of Avebury Blvd and Witan Gate and also a gateway building located at the corner of Witan Gate and Childs Way at the entrance into CMK. 5.7 The proposals include public art at three locations within the development in the form of balcony balustrades on the north eastern gable of the landmark building on the corner of Avebury Blvd / Witan Gate, on the south east gable on the gateway building on the corner of Witan Gate / Childs Way and also on the south west gable of the building on the corner of Avebury Blvd and South 4 th Street. The proposed incorporation of public art into these elevations would add character and a sense of place to the development and is a positive design feature. 5.8 The proposed buildings fronting onto Avebury Blvd would be dual aspect with a frontage also onto Avebury Place. There is a concern that the units would not retain active frontages to both Avebury Blvd and Avebury Place; this would have a detrimental impact in terms of activity and surveillance of the public realm. The imposition of a condition is proposed to address this concern by requiring the retention of the active frontages to both Avebury Blvd and Avebury Place (please see proposed condition 11). 5.9 The landmark and gateway buildings would provide visual bookends to the Witan Gate elevation. The section of the Witan Gate frontage nearest to Avebury Blvd would include ground floor commercial floorspace with residential above and would therefore reflect the proposal for Avebury Blvd. The remainder of the Witan Gate frontage would be residential at ground floor and above. The limited amount of ground floor commercial units proposed on Witan Gate would result in a lower level of activity. However, the proposed frontage onto Witan Gate is active as pedestrian entrances to the building are provided. The Witan Gate elevation is not as animated as the inward looking elevation. However, this is a result of the larger windows and balconies that are positioned on the internal elevation to take advantage of this façade s orientation towards the sun and the outlook over the internal garden. Consideration should be given to the fact that the Witan Gate façade will be predominantly in shade and faces a busy road. In addition, the ground floor on the opposite side of Witan Gate has limited activity (mainly the entrance to the Sainsbury s car park). Whilst the level of activity and animation on this frontage and the design of the central proportion of the Witan Gate elevation is not ideal, the frontage has sufficient activity so that a refusal of planning permission for this reason would be difficult to sustain particularly when taking into account the overall design of the development and the character and appearance of the area The proposal includes the use of brick in many of the elevations. This combined with the narrow windows mimic the style of some of the more traditional buildings in CMK such as the library. The colour of the brick is widely used in CMK and the surrounding residential estates. The use of colonnades along Witan Gate and Avebury Blvd continue a design theme throughout CMK. The use of brick introduces a more traditional material to the Witan Gate area of CMK that will add some contrast to the existing materials along this street.

7 5.11 The strong urban edge to Avebury Boulevard and Witan Gate and the reduction in height across the site towards Childs Way with taller buildings on Avebury Blvd / Witan Gate junction and at the gateway at Witan Gate / Childs Way junction reflects the scale of the surround built environment and follows the Development Brief. The proposed frontage onto South 4 th Street overlooking East Square and the proposed terrace of housing overlooking the entrance to the Oldbrook underpass are also considered appropriate and consistent with the Development Brief. Therefore, whilst some aspects of the proposed development are not ideal the overall design responds positively to the context of the site and the character and appearance of the area Residential Amenity An approximately 32m separation distance would be retained between the Witan Gate frontage of the proposed development and the facing frontage at Vizion. The proposed Witan Gate frontage would be 6 to 11-storeys high with the tallest element located on the corner of Witan Gate and Avebury Blvd. This is comparable to Vizion and the Hub. The separation between Vizion and the Hub is greater (approximately 40m) as these developments are separated by the wider Boulevard rather than the Gate. The proposed heights are comparable to those within the illustrative elevations contained within the outline planning permission and are lower than those contained within the already approved reserved matters application for this site (08/00083/REM) where the tallest element (located on the corner of Witan Gate / Avebury Blvd) is 15-storeys. Therefore, the impact of the proposed development on the amenity of existing and future residential occupiers in terms of overlooking and overshadowing is considered acceptable Highways and Parking The site is located within zone 1 of the adopted parking standards. The standard for allocated parking for dwellings is therefore one space per one or two-bed unit and two spaces per three-bed unit. There is no requirement for unallocated parking spaces for dwellings in zone 1. The proposal includes 56 one-bed apartments, 207 two-bed apartments and 137 three-bed apartments, duplexes and houses; therefore, there is a parking requirement for the residential units of 537 spaces. The proposal comprises 540 residential parking spaces and the submitted plans show the parking broken down between the different blocks The proposal also includes 885 sq m of flexible A1, A2, A3 and B1 commercial floorspace. The standards for the commercial floorspace are as follows: one space per 46 sq m of A1 (food retail), one space per 66 sq m of A1 (non-food retail) and A2 (financial and professional services), one space per 33 sq m of A3 (food and drink), and one space per 70 sq m of B1 (business) floorspace. If all the commercial floorspace was in A3 use the parking requirement would be 27 spaces. The submitted plans include 10 spaces allocated to the commercial use; however, the proposal also includes 41 visitor spaces. Therefore, the overall provision of parking spaces is considered acceptable.

8 5.15 The proposal includes 744 cycle parking spaces for the residential units, 24 for the commercial units and 12 visitor spaces. The level of cycle parking is considered acceptable The Development Brief for Site B4.4 includes the access off Avebury Blvd which leads to the site via South 4 th Street as a site constraint whilst the vehicular access point off Witan Gate is shown as notional which may require alteration if required by the design response and should not be considered as a site constraint. The Highways Engineer has confirmed that the worth of any junction onto Witan Gate is questionable and that the junction of Lower 4 th Street with Avebury Boulevard has more than sufficient spare capacity to not only accommodate this particular development but also receive a proportion of the development generated traffic flow from other areas within Block B4 (please see paragraphs A3.3 to A3.6 of the Appendix). The proposed vehicular access is therefore considered acceptable Subject to the conditions requested by the Highways Engineer (please see proposed conditions 5 10 and also paragraph A3.12 of the Appendix) the proposed development is considered acceptable in terms of the impact on the highway and parking provision Conclusion Outline planning permission has already been granted for the development and an alternative reserved matters proposal has previously been approved. The quantum and mix of the proposed development would fall within the amount approved by the outline planning permission and therefore the principle of the development as proposed within this reserved matters application is acceptable. Subject to the imposition of the conditions detailed below the proposed development is acceptable. 6.0 CONDITIONS (The conditions that need to be imposed on any planning permission for this development to ensure that the development is satisfactory. To meet legal requirements all conditions must be Necessary, Relevant, Enforceable, Precise and Reasonable ) 1. Prior to commencement of the development hereby permitted, details of all external doors, windows and glazing shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall demonstrate that the development meets the Secured by Design standard. The Secured by Design standard for such a development is: doors to PAS24 standard and Windows to BS7950 standard. The ground floor and easily accessible glazing shall have at least one pane laminated to at least 6.4mm in thickness. The approved details shall be installed prior to first occupation. Reason: To ensure that there is adequate security measures in terms of physical security and to minimise the risks of crime. 2. No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of a proposed security lighting plan to ensure that the parking areas, including the

9 underground car park, and other non-adopted publically accessible areas are lit to the BS5489 standard. The plans shall show lighting proposed in accordance with BS5489 standards and that the areas have a minimum uniformity rate of 0.25Uo (25%) and that the colour rendition of the lighting is to at least 60Ra (60%). The submitted details shall also include details of lighting to the podium area (although it is acceptable that this would be to a lesser standard). The submitted LUX plan shall detail what lamps are being proposed and also the maximum, minimum, average and uniformity levels for each area. The development shall thereafter be carried out in accordance with the approved details which shall be implemented prior to initial occupation of the relevant section of the development. Reason: To ensure that there is adequate security measures to minimise the risks of crime. 3. A hard and soft landscaping scheme, which shall include provision for the planting of trees, shrubs and other vegetation, shall be submitted to and approved in writing by the Local Planning Authority before any part of the development is occupied, or in accordance with such alternative time scale that has first been agreed by the Local Planning Authority. The scheme shall show the numbers, types and sizes of trees, shrubs and other vegetation to be planted and their location in relation to proposed buildings, roads, footpaths and drains. The scheme shall also include details of all surfacing materials and details of the nature and location of all street furniture and other built structures forming part of the landscaping scheme (which for the avoidance of doubt shall include all proposed play equipment and features). All landscaping in accordance with the approved scheme shall be carried out within three months of completion of the development unless any alternative phasing programme has first been agreed in writing by the Local Planning Authority. Any trees or shrubs removed, dying, severely damaged or diseased within two years of planting shall be replaced in the next planting season with trees or shrubs of such size and species as may be agreed by the Local Planning Authority. Reason: To protect the appearance and character of the area and to minimise the effect of development on the area. 4. Prior to the commencement of development, details of bird and bat boxes including the provision of boxes on buildings within the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall include a timeframe for the installation of the boxes. The development shall thereafter be carried out in accordance with the approved details. Reason: In order to achieve biodiversity enhancements in accordance with policy NE3 of the Milton Keynes Local Plan Before any dwelling or other unit within the development hereby permitted is occupied the scheme for parking and manoeuvring for that block or house as shown on the approved plans shall be laid out and that area shall

10 not thereafter be used for any other purpose. The visitor car parking shall be laid out as shown on the approved plans and provided concurrently with the construction of South 4th Street and / or East Square and shall not thereafter be used for any other purpose. Reason: To enable vehicles to draw off and park clear of the highway to minimise danger, obstruction and inconvenience to users of the adjoining highway. 6. The development shall not commence until details of the adoptable estate roads have been approved in writing by the local planning authority and no dwelling shall be occupied until the estate roads which provide access to it from the existing highway have been laid out and constructed in accordance with the approved details. Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the development. 7. No part of the development shall commence until such time as vehicle tracking drawings showing that refuse wagons and other service/emergency vehicles can negotiate the proposed layout safely and without encroachment of parking and pedestrian areas have been submitted to and approved in writing by the local planning authority. No part of the development shall be occupied until such time as the layout has been laid out and constructed to accommodate the tracking of refuse and other large service/emergency vehicles. Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the development. 8. No part of the development shall commence until such time as details of the rising bollard access control facilities have been submitted to and approved in writing to the local planning authority. No part of the development that takes access via rising bollard control points shall be occupied until such time as the rising bollard access control facilities have been laid out and constructed in accordance with the approved details. Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the development. 9. Development shall not commence until such time as details of the alterations to the existing access have been submitted to and approved in writing by the local planning authority. No part of the proposed development shall be occupied until such time as the access has been altered in accordance with approved details. Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the development. 10. Within 1 month of the altered access being brought into use all other

11 access points not incorporated into the development shall be stopped up by raising the existing dropped kerb /removing the existing bell mouth and reinstating the footway verge and highway boundary to the same line, level and detail as the adjoining footway verge and highway boundary. Reason: To limit the number of access points along the site boundary for the safety and convenience of the highway user. 11. Prior to the initial occupation of each commercial unit hereby permitted, plans and elevations showing the proposed entrance doors and identifying areas of clear glazing with views into the unit which allow activity within the unit to be viewed shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall demonstrate animation and activity to both Avebury Boulevard and Avebury Place or to both Witan Gate and Avebury Place, as relevant. The occupation of the units shall thereafter be in accordance with the approved particulars. Reason: To ensure activity and animation to both Avebury Boulevard and Avebury Place.

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19 Appendix to 13/00967/REM A1.0 RELEVANT PLANNING HISTORY (A brief outline of previous planning decisions affecting the site this may not include every planning application relating to this site, only those that have a bearing on this particular case) A1.1 04/00028/OUT New residential quarter to comprise residential (1960 units), B1 (8350 sq m), A1, A2, A3, B1 OR D1 (7720 sq m), primary school, community centre and public open space with associated roads and landscaping; outline permission granted /01302/FUL Provision of advance roads and parking to provide access for the proposed school and the adjacent west end Central Milton Keynes development; permitted /01213/MKCOD3 Erection of three storey primary school and community facilities including all weather sport pitch; permitted /01704/FUL Construction of semi-basement car park; permitted /00083/REM Approval of reserved matters (Phase 1) pursuant to Outline application 04/00028/OUT for erection of mixed use development including 650 residential units, 2480 sq m of commercial space (to include office, retail and café/bar uses), 504 parking spaces, landscaping and play areas; approval of reserved matters /02342/EIASCR Screening opinion request - reserved matters for site 4.4 to comprise residential (400 units - 74 one bedroom apartments, 206 two bedroom apartments and 120 three bedroom apartments, duplexes and houses), B1 (1,455 sq m), A1, A2, A3 (740 sq m) East Square public open space with associated roads, landscaping and car parking; EIA not required A2.0 ADDITIONAL MATTERS (Matters which were also considered in producing the Recommendation) A2.1 Affordable Housing The s.106 agreement attached to the outline planning permission requires 100 (25%) Shared Ownership and 20 (5%) Social Rent. The proposal includes 30% affordable housing comprising 25% shared ownership and 5% social rent totalling 120 units. The Affordable Housing is pepperpotted through the site. The Council s Housing Development Officer has concerns that some of the Social Rent properties will not be completed until the later Phases of the

20 development; he understands from the developer that this is to reduce the management and service charge costs for these units (please see paragraph A3.36 of the appendix). The proposed affordable housing meets the s.106 requirement and whilst the phasing is not ideal it would not warrant a refusal of this reserved matters application. The proposal is therefore acceptable in terms of affordable housing. A2.2 Ecology The submitted Ecological Appraisal contains mitigation measures and also details of ecological enhancements including bird boxes. Please see proposed condition 4 regarding details of bird and bat boxes. A2.3 Landscaping and Play areas Whilst the submitted drawing showing the hard and soft landscape areas is acceptable in principle a detailed planting and play area layout plan will be required. The play area must demonstrate adherence to saved policy L3 Local Play Area including the number of items of play equipment and a separation of at least 20m between the active zone and residential properties. The proposed play equipment would be located within East Square. There is sufficient space to accommodate play equipment in accordance with the standards set out in saved policy L3 including a separation distance of 20 metres to the residential properties. Therefore, the outstanding details regarding a detailed planting plan and play area could be covered by condition (please see proposed condition 3). A2.4 Noise A three dimensional model of the site and the surrounding area has been created using noise modelling software which allows for detailed predication of noise levels to be undertaken. Concerns have been raised regarding the impact that the proposed development would have on neighbouring residential occupiers in terms of traffic noise. Therefore, further noise modelling has been undertaken to determine the impact that the proposed development may have in terms of a potential canyoning effect. When considering traffic noise levels from Witan Gate only, the modelling indicates that noise levels at the external facades of opposing residential units are expected to experience increases ranging from db depending on location and storey height. However, the proposed development also provides a beneficial shielding effect of traffic noise from other roads in the vicinity (including Avebury Blvd, Childs Way and Grafton Gate). When considered in the context of the wider noise environment the modelling indicates that the potential increase in noise level from canyoning effect is fully negated by the beneficial shielding effect and the worse affected existing residential dwelling along Witan Gate is expected to experience no change in traffic noise levels as a result of the proposed development with other existing residential units expected to experience an overall reduction in traffic noise levels of up to 0.7dB. Therefore, the proposed development is considered acceptable in terms of the impact on traffic noise and the amenity of residential occupiers.

21 A2.5 Sustainable Construction The outline application was considered prior to the adoption of the Milton Keynes Local Plan Saved local plan policy D4 is a material consideration on this reserved matters application to which appropriate weight should be given. On previous developments such as Newton Leys where a similar scenario emerged the Council sought the carbon offset contribution at reserved matters stage. The applicant has agreed to the Carbon Offset payment for this proposal and a s.106 agreement is being drafted. A2.6 Conditions The Outline approval sets out a number of conditions that apply to this reserved matters application. As a result the following subject areas are already covered by conditions on the outline consent: duration of permission; samples of external materials; construction hours of working; tree protection; landscaping; levels; fume extraction and odour control; no external storage of refuse; car parking and access; cycle parking; flexible use of the commercial units; active frontages retained for commercial units; construction access and site compound; ancillary roof plant; noise mitigation; ground conditions; public area materials, finishes and structures; means of access; no overhead lines, wires or cables; parameters and principles set out in EIA; BREEAM rating of Excellent or Code Level 4 for Sustainable Homes; public art; highway improvement works; and quantum of development approved. As a result the number of conditions with this recommendation is relatively small. It is only possible to attach conditions specific to the detail submitted within the reserved matters.

22 A3.0 CONSULTATIONS AND REPRESENTATIONS (Who has been consulted on the application and the responses received. The following are a brief description of the comments made. The full comments can be read via the Council s web site) Comments A3.1 Highways Development Control Officer Response Noted. Please see paragraphs 5.13 to Parking The development is supported by a Transport Assessment (TA) and as well as the submitted plans this gives an account in tabular form of the car parking provision. In terms of the residential part of the development it provides allocated car parking in compliance with the current car parking standards (2009 addendum). It also provides car parking in compliance with the 2005 standards for B1 use. The A3 use part of the proposed development provides 30% of the car parking when related to the current standards and has a shortfall of 16 spaces; however, when one considers the nature of this small part of the development (food and drink) and the fact that the development also provides 41 visitor / dual use spaces I find the specific provision to be acceptable. A3.2 The development provides cycle parking in accordance with the current standards and provides 417 spaces largely in secure and covered enclosures. Noted. Please see paragraphs 5.13 to 5.17.

23 A3.3 Access Access to the site is taken from the junction of South 4 th Street with Avebury Blvd. This is an existing junction with full movement, the right turn being made via a central reserve crossing which is standard for CMK. A3.4 The alterations to the signalised junction of Witan Gate with Avebury Boulevard have to be considered a material consideration in terms of the provision of points of access to this development. Any access onto Witan Gate would need to be in the form of a left in-left out junction. Due to prohibitions on 'U' turns at the traffic signals drivers requiring to travel in a southerly direction would have to proceed in a northerly direction to the signal controlled junction and then either turn left or right along Avebury Boulevard or proceed further north to make the same eventual manoeuvres. I am aware that any junction onto Witan Gate would be useful for those making journeys to the development from a southerly direction; however, there would be a significant risk that the link could be utilised as a 'rat run' to avoid the signal controlled junction. The worth of any junction onto Witan Gate is therefore questionable. A3.5 The B4.4 Development Brief document with reference to the access from B4.4 to Avebury Boulevard states at paragraph 6.2, page 31 that the access point is fixed and should be considered a site constraint. It goes on to say that there is also one point of access to B4.4 off Witan Gate and that whilst this access point is already provided it is felt that there is flexibility to alter the location if required by the design response. This access point should therefore not be considered as a site constraint. Noted. Please see paragraphs 5.13 to Noted. Please see paragraphs 5.13 to Noted. Please see paragraphs 5.13 to 5.17.

24 A3.6 An inspection of the tables within the Transport report shows that the junction of Lower 4 th Street with Avebury Blvd has more than sufficient spare capacity for the predicted opening year of 2018 and for the post development forecast years 2023 and 2033 to not only accommodate this particular development but also to receive a proportion of the development generated traffic flow from other areas within the B4 blocklet. A3.7 Layout The revised drawings address concerns regarding the dimensions for the longitudinal car parking spaces. The drawings also show the 2m wide footway and this is also acceptable. The revisions to the redway link to Oldbrook are acceptable. I still have concerns regarding the use of hydraulic bollards and wonder whether the applicant has considered the issues of queuing that may arise at peak times; no part of the apparatus should be sited on the adopted public highway (a condition will need to be imposed to cover this). A3.8 The applicant has provided a plan showing the adoptable highways; however, closer inspection of this reveals that the areas shown are not sufficient. Whilst this isn t a planning matter the areas of East Square for adoption will need to include the carriageway, parking areas and footway widths to the boundary with the private development. The redway link to Oldbrook will need to include not just the 3m running with of the redway but also the 1m verges either side of the redway. Noted. Please see paragraphs 5.13 to Noted. Please see paragraphs 5.13 to 5.17 and proposed condition 8. Noted.

25 A3.9 The tracking diagrams for service vehicles included within the Transport Statement show several instances where the refuse vehicle is shown to encroach into car parking spaces / mounts non-vehicular areas to negotiate the tight bends. There should be no encroachment by any vehicle into car parking spaces and ideally no mounting of kerbs or tracking over areas where it is not clear to pedestrians that this may occur. Rectification of these issues may require some small changes to the layout and the submission of revised tracking diagrams should be conditioned as part of any planning consent. A3.10 Relationship with Other Transport Networks Noted. Please see paragraphs 5.13 to 5.17 and proposed condition 7. Noted. Please see paragraphs 5.13 to The TA provides a commentary on the sustainability of the site given its location in CMK and close proximity to good bus and rail services, the latter being within a 1km walk distance. Given the site's location many of the facilities on offer in CMK are in easy reach for those travelling both on foot and cycle. To aid those with impaired mobility the development has carefully sited areas of tactile paving to assist crossing manoeuvres where necessary on key desire lines. A3.11 Traffic Implications Noted. Please see paragraphs 5.13 to The TA has provided a comprehensive account of how this development impacts on the local highway network and has assessed local junctions in agreement with me. It firstly explains that the adopted trip distribution follows existing patterns of distribution and this is logical. The results show that for South 4 th Street / Avebury Blvd junction the

26 proposed development has no significant affect on the capacity of the junction. Avebury Blvd / Witan Gate is shown to be largely unaffected by the proposed development and the junction operates well within capacity. Whilst the assessment of the Witan Gate / Childs Way junction shows that the traffic generated from the proposed development is minimal the junction shows signs that it will be over capacity in the 2023 scenario; this is largely due to the growth in background traffic and the fact that Childs Way is one of the main roads on the periphery of CMK that carries large volumes of traffic and it should be noted that this junction is in the Business Plan for tariff improvements. The assessment of the Avebury Blvd / Grafton Gate junction shows that it is approaching capacity but only in 2033 and still operates within capacity in 2023; the level of traffic generation on the junction is minimal and like Witan Gate / Childs Way junction it is a major grid road on the periphery of CMK and is also in the Business Plan for tariff improvements. Given the minimal impact of generated traffic on the analysed junctions I have no objections to the development on traffic impact grounds. A3.12 Conclusion Proposed conditions 5 to 10. No objection subject to conditions regarding: parking; details of adoptable estate roads; vehicle tracking diagrams; rising bollards; details of alteration to existing access; and reinstatement of verge for existing access points not retained.

27 A3.13 Development Plans Policy D4 Team These comments relate only to policy D4 and sustainable construction. The applicant has submitted three separate statements to cover the retail, office and residential elements; this is a logical and sound approach. The BREEAM pre-assessment for the commercial element shows how an excellent rating can be achieved. The residential element shows that Code Level 4 for Sustainable Homes will be met. They are proposing to gain credits for renewable energy but no details are shown on the plans. It is likely that this could be in the form of PV or solar thermal panels on the roof space. If you have concerns about this from a visual perspective it may be worth raising with the applicant. Subject to a standard condition securing formal certification, I am happy that policy D4 will be adequately satisfied. A3.14 Urban Design Condition 25 of the outline planning permission requires the submission of the certificates. Noted. Please see paragraphs 5.4 to In principle I support what has been put forward, it is consistent with the Brief and current policy in this area of CMK. The amended plans address most of my concerns on the design. A3.15 Character Noted. Please see paragraphs 5.4 to The proposed plans are consistent with many aspects of the style of development along Witan Gate and Avebury Blvd. The development therefore relates well to the immediate environment.

28 A3.16 The use of brick in many of the elevations combined with the narrow windows mimic the style of some of the more traditional buildings in CMK such as the library. The colour of the brick is widely used in CMK and the surrounding residential estates. The use of colonnades along Witan Gate and Avebury Blvd continue a design theme throughout CMK. The use of brick introduces a more traditional material to the Witan Gate area of CMK that will add some contrast to the existing materials along this street. A3.17 There are a number of differences in terms of the wider character of CMK. The decision to bring the building line forward is not a characteristic of the City Centre as a whole. However, recently it has become a characteristic of the area around Witan Gate and Avebury Blvd. It is my view that this style of development should continue across Witan Gate. This will help reinforce a strong urban character to this part of CMK completing what has been started at Vizion and The Hub. The key question is where and how the more traditional set backs are reintroduced. A3.18 The proposed development makes a positive contribution to the character of the space by completing the street (Witan Gate) and the new housing is an appropriate density for a city centre. A3.19 Continuity and Enclosure Noted. Please see paragraphs 5.4 to Noted. Please see paragraphs 5.4 to Noted. Please see paragraphs 5.4 to Noted. Please see paragraphs 5.4 to The continuity and enclosure of the street is a positive aspect of the proposed development and this area of CMK. The street and Witan Gate in particular is well defined by the proposed and existing buildings. However, I continue to

29 be concerned that the elevations along Avebury Place / Blvd will be a dual aspect building. Careful consideration needs to be given to the design of both facades to ensure that the building doesn t turn its back on the public realm. Servicing must be hidden where possible from the street. Conditions on the ground floor units should be imposed to ensure they have a true dual aspect. A3.20 Quality of the Public Realm Noted. Please see paragraphs 5.4 to The site creates a public realm consisting of spaces and streets that are accessible, attractive, well related to and overlooked by buildings providing natural surveillance, with active ground floor uses along main streets. I do have a concern regarding the central part of the proposed east elevation overlooking Witan Gate. The size of the windows and comparative lack of architectural detailing make this key elevation seem a bit bland and more like a rear elevation than the front of the building. However, the amended plans with revised corner detailing on the Witan Gate / Childs Way elevation helps to reinforce the white render / brick as a book end detail to the Witan Gate elevation. A3.21 The proposed contrast in colours and materials in the illustrations is often very subtle and therefore I d like to see samples of the proposed materials on each elevation. A3.22 The colonnade under the proposed Avebury Blvd façade provides a pedestrian scale to the development and helps to soften the built-form edge, ensuring activity from within the building spills out into the street. The colonnade under Witan Gate softens the building edge but the lack of shops Noted. Please see paragraphs 5.4 to Noted. Please see paragraphs 5.4 to 5.11.

30 results in the back wall of the colonnade often being blank. A3.23 From a security perspective it is important that the private parking mews and underground car park is clearly marked as a private space. A3.24 Ease of movement Noted. Please see paragraphs 5.4 to Noted. Please see paragraphs 5.4 to The site sits within a permeable and well connected grid. Pedestrian and cycle access has been provided from Oldbrook linking the site to the city wide Redway network. The pedestrian colonnade along Avebury Blvd and Witan Gate provides a covered walkway for pedestrians. A3.25 Legibility Noted. Please see paragraphs 5.4 to The layout provides recognisable streets, junctions and landmarks to help people to find their way around. Visual landmarks are used to help with orientation and are visible from the grid road network providing an introduction to CMK. A3.26 Adaptability Noted. The ground floor apartments need to be adaptable to changing uses over time. A3.27 Diversity Noted. Please see paragraphs 5.4 to I do have some concern regarding the visual interest of the central part of the proposed east elevation overlooking Witan Gate. The size of the widows and comparative lack

31 of architectural detailing makes this key elevation seem a bit bland and more like a rear elevation than the front of the building. I would encourage larger glazing and more architectural animation of this façade. A3.28 Scale Noted. Please see paragraphs 5.4 to Whilst the proposed development is greater in scale than the more established areas of CMK, it is in scale with other buildings in the immediate vicinity in terms of their height and massing and is of appropriate scale and size for this location in CMK. A greater scale is used to identify key corners of gateways. The scale of the development is brought gradually down to Childs Way (H6) with the three storey town houses next to the grid road. The town houses provide surveillance over the nearby underpass. The height of the building responds to the most active street Avebury Blvd. The key corner with Avebury Blvd / Witan Gate is addressed with the tallest element of the building. This combined with the architectural detail provides a local landmark that adds a degree of legibility and provides some visual interest to this part of the city centre. A3.29 Landscape and Boundary Treatments Noted. The proposed boundary treatments are appropriate for each street subject to the landscape detailing being correct. A3.30 Senior Landscape Architect Acceptable landscape proposals: - Tree Pit Details, drawing QD627_300_03. Noted. Please see paragraph A2.3 and proposed condition 3.

32 - Tree Planting Plan, drawing QD627_300_02 B. - Hard and Soft Landscape Areas. Drawing QD627- _300_01 A is a master plan; therefore, a detailed planting and play area layout plan will be required. The play area must demonstrate adherence to saved policy L3 Local Play Area. - Podium Landscape Standard Details, drawing QD627_300_04 B. The details relate to the podium garden and thus a specialist landscape and engineering construction. I accept the details on the basis they have been designed with the relevant engineering constraints and engineer s approval. A3.31 Crime Prevention Design Advisor Noted. No objection to this application; however, there are a number of areas which haven t been sufficiently covered or cause slight concerns. The amended plans deal with my concerns regarding: defensible space / surveillance from some of the houses, boundary treatments, access to rear gardens of the terrace houses and bicycle stores. However, my concerns raised as detailed below remain as is the request for conditions to cover these areas. A3.32 Avebury Blvd / Avebury Place Retail Units Proposed condition 11. I have concerns as to whether these retail units will maintain an active frontage to both roads. If they don t then it is likely that the surveillance opportunities will be lost and the area could encourage anti-social gathering. It is therefore requested that a condition is imposed to ensure that the units retain an active frontage on both the Avebury Blvd and