DEVELOPMENT CONTROL COMMITTEE. 02 March 2010

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2 DEVELOPMENT CONTROL COMMITTEE Agenda Item March 2010 APPLICATION NUMBER : CA//09/01387/FUL PROPOSAL : Single-storey extension for multi-function space, wc's, first-floor lift tower, alterations to steps, access ramp, extension of terrace and relocation of wall. LOCATION OF SITE : Tower House, Westgate Gardens, Canterbury, CT1 2DB APPLICATION TYPE : FULL APPLICATION DATE REGISTERED : 05 October 2009 GOVERNMENT PERFORMANCE TARGET DATE : 30 November 2009 CONTACT OFFICER : Robert Britnell CONSERVATION AREA : CANTERBURY CITY No.1 - AMENDED LISTED BUILDING : GRADE 2 WARD : WESTGATE APPLICANT : Canterbury City Council AGENT : Purcell Miller Tritton LLP SUMMARY: The proposal is one of three related applications for works of extensions to Tower House and alteration of the car park and access off St Peter's Place. This proposal is to provide toilets and a lift to the south-eastern side of the building and, to the rear of these, a multi-purpose function room; kitchen facilities will be provided by minor internal changes to Tower House. These extensions would be single-storey, except for the lift tower. The toilet and lift tower accommodation would be traditionally designed and detailed to match Tower House whilst the function room would be a more contemporary 'lightweight' structure with a flat "green" roof. No alterations are proposed on the north-western, river side, of the building but to the southwest the raised terrace garden will be extended slightly and at the front the steps will be modified to accommodate a disabled access ramp. This report should be read in conjunction with reports on applications CA/09/1388/LB for listed building consent and application CA/09/1405/FUL for car park and entrance alterations. RECOMMENDATION: Grant; Subject to conditions regarding materials, workmanship and details of construction, details of surfacing and landscaping and a restriction on amplified music outside the building or inside the function room with the doors open.

3 SITE DESCRIPTION Members will no doubt be familiar with Tower House, the Grade 2 listed building which stands in Westgate Gardens and provides facilities for the Lord Mayor as well as some small meeting rooms. Two flint-and-stone arches in the garden and a stone urn are also listed in their own right and the whole area is within the Canterbury City No. 1 Conservation Area, the Canterbury Area of Archaeological Importance and a Scheduled Ancient Monument. Tower House is of flint, stone and brick construction and is largely of 19th century construction although the tower itself is of 14th century date and part of the original City Wall which ran from the West Gate through what is now the Westgate Gardens, parallel to the river. The tower was 'restored' in the 20th century when a large two-storey Victorian wing which had been added to the house was removed. At the front (north-east) Tower House is approached by a set of stone steps from the current car park; on either side, to south-east and north-west of the house are public footpath links to the gardens to the south-west; these footpath links and the rear (south-west) of Tower House frame a raised garden area laid to lawn and flower beds and partially bounded by a dry-stone wall. PROPOSED DEVELOPMENT On the south-east side of the existing Tower House it is proposed to erect a single-storey building to accommodate toilets and ancillary spaces which would link through a new opening to a kitchen in a ground floor room of Tower House. Rising from the flat roof of this would be a first-floor extension to accommodate a lift to access the first floor. The whole of this extension would be of brick and flint to match the existing building and the flat roof would be hidden behind the existing flint walling at the front and new flint walling at the side. In front of the existing flint wall a series of ramps with retaining walls and handrails would be formed giving disabled access to a landing formed outside the front door of Tower House where the steps would be moved outwards to create adequate space. This work was not submitted as part of this application but is included here for completeness. To the rear, south-west of the new toilets etc, it is proposed to construct a new multi-purpose function room about 7m by 12.5m in size; this would have a flat "green" roof with a solid wall to the south-east adjoining the footpath between Tower House and the rear of properties on St Peter's Place and with largely glazed walls to south-west and north-west looking over the garden and terrace area. These glazed walls would be sliding panels allowing the space to be opened up and sliding timber shutters would be incorporated to cover the glass when the building was not in use. This building would be the length of the existing raised terrace, which would consequently be extended by 1 metre to facilitate access around the building for maintenance and safety. PLANNING HISTORY An earlier alternative scheme of extension to meet the requirements of the Council as owner of the building, in a different location, was withdrawn to enable re-assessment of the proposal following a report to this Committee. THE APPLICANT'S CASE Tower House is a Grade 2 listed building probably dating from about 1850 and is used by Canterbury's civic team. It was gifted to the City by the Williamson family in 1936; the gardens were laid out in the 1880s - 90's. The size and nature of the accommodation places severe limitations on the usefulness and adaptability of the building for Council use, it is of insufficient size for civic functions although it is one of the few locations in the City with the appropriate quality and setting for such uses; however, catering and wc facilities are inadequate and poorly located and the building is not disabled accessible; major improvements are required to address these problems.

4 Although the building can accommodate 35 people the Council has identified a need for function space to accommodate between 70 and 100 persons for events, principally civic or business events such as Council meetings, conferences, Lord Mayor functions and charity events. It is also proposed that the building be used for non-civic conferences and private business meetings and on an occasional basis for private events such as receptions; it is not possible at this time to quantify how frequently private events could be held as priority will have to be given to civic and Lord Mayor usage. The new multi-function room is designed as a visually light weight structure with large glazed areas, contemporary in its detailing and materials; the building will stand as a "garden pavilion" visually independent of the rest of Tower House. Scale, form, detailing and materials have been chosen to ensure the building will be "secondary" to the main house. The building is designed to have a natural 'lime hemp' rear wall and the roof will be planted with carefully selected indigenous plants providing the softer appearance and environmental benefits of a green roof. Natural ventilation will be provided by the use of louvres above the glazed wall areas. In contrast the wc extension, which will be on the site of an earlier demolished wing of the house, is more modest in appearance and will be formed with materials to reflect the existing building, as will the lift tower which is designed and detailed to appear as part of the original building. These areas will be formed with shallow pitched zinc roofs, which will be concealed visually by parapet walls. Internally access will be limited to re-opening previously blocked openings and providing one new opening to link the kitchen to the function room. Otherwise internal works to the house will be modest and will reveal some existing concealed features. PLANNING POLICIES The building is a listed building with a historic garden setting, within a conservation area, an area of archaeological importance and a scheduled ancient monument; in addition to the normal design, suitability and sustainability policies of the Local and South East Plans policies specific to these issues must be considered to ensure that the building and its setting are not adversely affected, that the conservation area is preserved or enhanced and that archaeology is safeguarded whether by preservation in situ or preservation by record. In addition Tower House and most of the Westgate Gardens lie in area of flood risk and Policy C33 of the Local Plan indicates that minor developments will be permitted in Flood Zones 2 & 3 but that each case will be considered on its own merits having regard to the risks attached. South East Plan (SEP): CC4 - Strategic Policy: sustainable design and construction standards; refers to use of local SPD and flexibility in design. NRM4 - Flood risk management: flood zones 2 & 3, cross refers to PPS25; also areas with history of groundwater flooding and SUDS. NRM10 - Noise: development locations to avoid noise; traffic management measures and sound proofing. BE1 - Urban renaissance: strategy to enhance quality of life, inc. infrastructure planning. Promote design solutions relevant to specific context; build on local character /distinctiveness. Sensitive re-use of redundant/under-used buildings. BE6 - Management of the historic environment: protect/conserve/enhance heritage assets and their contribution to local/regional distinctiveness; appropriate regeneration of redundant or under used buildings to be encouraged. EKA1 - East Kent core strategy: Canterbury to develop links with university research & business uses: commercial and cultural centre of international historic importance; new development to be focussed at settlements: heritage and environment to be protected and promoted to foster economic success.

5 Canterbury District Local Plan First Review (CDLP): TC1 - Within town centres development adds to the vitality and viability of the centre. TC10 - Acceptability of night-time/evening activity proposals subject to criteria to safeguard amenity. BE1 - High quality designs, sustainable developments and specific design, amenity and landscape criteria to which the Council will have regard: cross-refers to SPGs. BE3 - Design statements/development briefs to be submitted with applications. BE5 - Preservation of listed & locally listed buildings and their settings. BE6 - Extensions to listed buildings to preserve special character. BE7 - Conservation Areas and their settings to be preserved or enhanced: specific criteria for consideration. BE10 - Safeguarding of historic landscape, natural or man made. BE14 - Scheduled Ancient Monuments & nationally important archaeological sites. BE15 - Archaeological evaluation of sites of archaeological interest. BE16 - Appropriate archeological recording works. C24 - Safeguarding of protected open space unless specific criteria met. C32 - No development of undeveloped sites at flood risk or in overtopping zones. WRITTEN REPRESENTATIONS Canterbury Conservation Advisory Committee - Location is a better solution than the previous scheme, but ideally a lift would be better than the ramp proposed. Single-storey building a modern ecological building with a grass roof and oak shuttering but will look like a row of garages when shut; extension does not relate to the building and is out of context it should be designed like an orangery with a proper roof; the design is cheap and architecturally inadequate. The internal layout is not sensible and doesn't work practically. Externally the path past the building will become an unattractive alleyway. Six letters of representation have been received, three from nearby residents and three others from residents elsewhere in Canterbury. Points made can be summarised as follows:- Commercial uses could cause noise nuisance to local residents, one suggests erection of a screen wall to the river side of the terrace to help reduce noise. There is a lack of evidenced need, the cost is not justified at this time and the Westgate Gardens were a bequest to the people of Canterbury and should be left alone, this is not in the spirit of the bequest. The development will infringe on and undermine the value of the open space. One thinks the use of different materials is not suitable but the lift and wc extension to be unobjectionable; another thinks the design 'pretty good'. One person thinks all three applications should be dealt with together. One challenges the design of the extension which is considered inappropriate and out of character and questions whether technical details have been thoroughly addressed. TECHNICAL CONSULTATIONS CCC - Archaeologist - Notes the site is within the Scheduled Ancient Monument and Area of Archaeological Importance and recommends imposition of a condition to seek a proper evaluation of on-site archaeology. English Heritage - The proposal has arisen from ongoing discussions following concerns about the previous scheme; the revised approach is welcomed, the scale and positioning is appropriate and allows appreciation of Tower House to be maintained. The internal works are the minimum necessary and no objection is raised in principle. Archaeology will need to be addressed.

6 The application should be determined in accordance with local and national policies taking in to account advice given. DRAINAGE CONSIDERATIONS The building is already served by drains and the current situation will not be altered. DISCUSSION Consideration of the application revolves around a number of policy issues arising from the South East Plan and the Local Plan and these are identified and commented on as follows: Protection of the historic environment; listed building, conservation area and historic garden issues: The toilet and lift extension proposed have been designed and detailed to appear as a natural part of the garden and house, giving externally the appearance of a high garden wall wrapping around the extension and concealing it with the lift tower rising from it but detailed to match the house. The access ramps at the front will require careful detailing but they have been sited to minimise their impact on house and garden; enlargement of the steps landing will have little if any impact. Extension of the raised terrace will have no adverse impact provided that it is done carefully. The multi-purpose function space is seen by some as more problematic as it has a design consciously different to the house. Conservation Officers and English Heritage have worked with the applicant's architect to arrive at the current design. Given the constraints inherent in extending the building whilst safeguarding views of it from within the garden, a "semidetached" lightweight pavilion design had much to commend it. As a modern addition it will not be misread as a historic feature but will appear as part of the historic development of the site. Locationally this part of the site is the least sensitive area and will have little impact on the wider garden landscape. It is considered therefore that the proposal meets Policies SEP BE6 and CDLP BE5, BE7 and BE10. Sustainable construction standards: The building is designed to an appropriate standard and meets the objectives of policies SEP CC4 and CDLP BE1. Loss of protected open space: The proposal would result in the loss of only a small area of the garden and that largely in an area that historically was the site of an extension to the house. The Westgate Gardens are extensive and it is concluded that the reduction in open space overall is so minimal that the proposal will result in no material harm to the contribution the open space makes; in any case, any extension of the Tower House would result in some reduction in open space and there is no alternative site available to fulfill the identified need. Given the extent of the gardens no need is seen to provide replacement open space. It is considered therefore that the proposal meets Policy CDLP C24. Archaeology: The site is within a Scheduled Ancient Monument and the Area of Archaeological Importance; English Heritage, Canterbury Archaeological Trust and the Council's own archaeologist will all have to be satisfied and Policies CDLP BE14, BE15 and BE16 will all be complied with. Appropriate design solutions: Design has to be demonstrably relevant and sustainable, for the reasons set out above it is considered that this proposal meets those objectives and that Policies SEP BE1 and CDLP BE1 and BE3 are satisfied.

7 Flood risk: Whilst the general area of the Westgate Gardens is at flood risk it has been established previously that the raised terrace area is above flood level and Policies SEP NRM4 and CDLP C32 are therefore complied with. Vitality/viability of town centres: The new extension would provide an additional facility in Canterbury, primarily for use by the City Council but potentially for use by others. In this respect, albeit in a small way it would contribute to the "offer" in the City and thus to the economic health of the City; it is concluded therefore that Policies SEP EKA1 and CDLP TC1 and TC10 would be complied with. Noise potential: Whilst the night-time economy of the City is encouraged, that is on the proviso that such uses do not impinge unduly on the amenities of others. Any late evening or night-time activity at Tower House could impact on surrounding residents if it was noisy. Tower House is licensed until midnight for plays, films, live music, recorded music, dance, outdoor music and refreshment and until 1.00 a.m. for late night refreshment (hot food and drink) all of which activities have to be scrutinised at present by Council officers. Whilst recorded music or amplified music or sound within the function room would not necessarily be a problem for local residents, such music on the terrace or in the function room with the sliding doors open could well be a source of nuisance. It would be appropriate therefore to control amplified or recorded music or sound in those circumstances and a limit of p.m. is suggested as appropriate by Environmental Protection Officers; this could be secured by condition and would thus satisfy Policies SEP NRM10 and CDLP TC10. In conclusion it is considered that the development proposed is appropriate in location and design and subject to appropriate conditions would not have an unduly adverse impact on neighbours' amenities or on the wider visual and other amenities of the area; the grant of planning permission is therefore recommended. BACKGROUND PAPERS: 1. Application Ref: CA/09/1387/FUL 2. Related application refs: CA/09/1388/LB & CA/09/1405/FUL