ITEM 9 Application Number: 18/00266/DISCON Description Details submitted pursuant to discharge of condition 5 (Design Code) attached to planning permission 13/01729/OUT. AT The Point, 602 Midsummer Boulevard, Central Milton Keynes, Milton Keynes, MK9 3NB FOR Richard Haynes Target: 18 May 2018 Extension of Time: No Ward: Central Milton Keynes Report Author/Case Officer: Parish: Central Milton Keynes Town Council Duncan Law, Senior Planning Officer Contact Details: 01908 252485 duncan.law@milton-keynes.gov.uk Team Manager: Sarah Hine sarah.hine@milton-keynes.gov.uk 1.0 RECOMMENDATION (The decision that officers recommend to the Committee) It is recommended that the Design Code be approved and the condition be discharged. 2.0 INTRODUCTION (A brief explanation of what the application is about) 2.1 The Site The Point site is located between Midsummer Boulevard, Lower 9th Street, Lower 10th Street and a multi-storey car park (which has been excluded from the proposed redevelopment) on Avebury Boulevard. The site is located within the primary shopping area and city core quarter of Central Milton Keynes. To the north is the grade II listed Shopping Building the centre:mk, to the west is Midsummer Place Shopping Centre and to the east a temporary surface car park. The existing buildings contain a gross internal area of 7,428 square metres including 5,340 square metres of leisure (use class D2), 11 square metres of retail (use class A1), 342 square metres of restaurant (use class A3) and 1,735 square metres of office (use class B1).
2.2 The Proposal Application 13/01729/OUT gave Outline planning permission for the demolition of The Point and redevelopment of the site to provide a range of retail (use classes A1, A2, A3, A4 and A5) and leisure (use class D2) uses and incorporating a maximum of 20,600 square metres (GIA - Gross Internal Area) floorspace. Condition 5 (Design Codes) of Planning application 13/01729/OUT (subsequently amended under 17/03398/NMA - Non material amendment to planning application 13/01729/OUT to the wording of Condition 5 (Design Codes)) states: 'Notwithstanding the submitted illustrative scheme and prior to the submission of any applications relating to the Reserved Matters, a Design Code shall be submitted to the Local Planning Authority for approval in writing. The submitted Design Code shall set out the proposed vision and key design principles for the Development to include (but not limited to) the following details: building height, building massing, building materials, key elevational and architectural principles, sustainable construction, access and servicing, location of entrances, weather protection, extent of active and/or animated frontage, public realm materials including footways, landscaping, street furniture, and linkages to the surrounding public realm. The Design Code shall include an assessment of how it has taken into account: existing and emerging national, local and neighbourhood planning policy and supplementary planning guidance and documents; the approved Parameters Plans; and the Site's location at a prominent location within Central Milton Keynes and the setting of the grade II listed Shopping Building. The details submitted for the Reserved Matters shall be in accordance with the submitted Design Code. The Development shall not commence until the Design Code has been approved in writing by the Local Planning Authority and the Development hereby permitted shall be carried out in accordance with the approved Design Code.' In addition, paragraph 5.2 of Schedule 3 of the Section 106 Agreement for The Point required the developers to submit a Design Code for the development for approval in writing and a requirement to carry out consultation including a least one design workshop. 2.3 Reason for referral to committee Design Codes cannot be determined under delegated powers, however as this design code is to meet a Section 106 obligation it can be determined at a DCC Meeting. 3.0 RELEVANT POLICIES (The most important policy considerations relating to this application) National Planning Policy Framework paragraphs: 14: Presumption in favour of sustainable development 17: Core planning principles 18 21: Building and strong, competitive economy 23 24: Ensuring the vitality of town centres 30, 32, 34 37 and 39 41: Promoting sustainable transport 56 66: Requiring good design 69 70: Promoting healthy communities
93 and 96: meeting the challenge of climate change 109, 111, 118, 121, 123 and 125: Conserving and enhancing the natural environment 128 131 and 135 136: Conserving and enhancing the historic environment 196 197: Determining applications 203 206: Planning conditions and obligations Local Policy: Core Strategy CSA: NPPF Presumption in favour of sustainable development CS4: Retail and Leisure Development CS7: Central Milton Keynes CS11: A Well Connected Milton Keynes CS12: Developing Successful Neighbourhoods CS13: Ensuring High Quality, Well Designed Places CS15: Delivering Economic Prosperity CS18: Healthier and Safer Communities CS19: The Historic and Natural Environment CMK Alliance Plan 2026 CMKAP S1: Strategic Objectives CMKAP G1: Public Realm Infrastructure CMKAP G2: Heritage Buildings and Public Art CMKAP G3: Landscaping and Open Space CMKAP G6: Mixed Use CMKAP G7: Active Frontages CMKAP G8: Block Structure CMKAP G9: Design of Buildings CMKAP SS2: Shopping Area CMKAP SS3: Midsummer Boulevard East CMKAP SS4: Indicative Land Use Proposals CMKAP T1: Access and Design CMKAP T2: Public Transport CMKAP T3: Cycling CMKAP T4: Parking 4.0 MAIN ISSUES (The issues which have the greatest bearing on the decision) Whether the details of The Point Design Code are acceptable and in accordance with the Development Plan. 5.0 CONSIDERATIONS (An explanation of the main issues that have led to the officer recommendation) 5.1 Principle The principle of retail/leisure development within this location has previously been approved as an outline planning permission in accordance with the National Planning
Policy Framework (NPPF). The submission of a design code is a requirement set out in a condition attached to the Outline approval for the site and through a s106 obligation. Design Codes provide the final piece of site specific guidance and consist of a set of illustrated design rules and requirements which guide developers on how a site should be developed to ensure that the development permitted suitably addresses its location and that the development is of sufficient quality and standing to offset the loss of the existing structure at this location. Paragraph 59 of the NPPF states that "Local planning authorities should consider using design codes where they could help deliver high quality outcomes. However, design policies should avoid unnecessary prescription or detail and should concentrate on guiding the overall scale, density, massing, height, landscape, layout, materials and access of new development in relation to neighbouring buildings and the local area more generally." The structure of the Point Design Code, builds upon the context of the outline planning permission and national and local policy. The applicant has outline planning permission to demolish the current buildings on site and through the submission of this Design Code and reserved matters, is working within this permission. The Reserved Matters will only be approved if they accord with an approved Design Code and can be amended in line with the code during the Reserved Matters determination period. The structure of the code is as follows: 5.2 The Vision The development of the The Point Site is a key catalyst for the transformation of Midsummer Boulevard East. The vision for the redevelopment of the Point is to create a new building which fulfils an appropriate landmark role within the city centre. 5.3 Land Uses & Layout The code states that the proposal should create a range of uses that support the primary shopping area and ensure the layout reinforces the CMK grid. The design proposes a mix of uses to include new modern retail and leisure facilities. The Proposal will look to maximise the potential of the site incorporating the following use classes Retail (A1, A2, A3, A4, A5) & Leisure (D2). The outline application provided the quantum of the development which ranges from 20,600sqm to 11,915 square metres of GIA. 5.4 Scale & Massing The parameters of scale and massing were set though the outline application. The proposed building must create a strong visual landmark to assist with orientation along Midsummer Boulevard East and the Primary Shopping Area, replicating the function that the point fulfilled. The parameter plans set out the variation in size of the building form, from 116 metres 100 metres long by 66 metres 59 metres wide, with a height of between 9.25 metres -25 metres high.
5.5 Active Frontage The Code states that the design should provide active frontages that will help animate and enliven the public realm along Midsummer Boulevard, the top end of Lower 9 th Street and Lower 10th Street. Ground floor frontages facing the public realm will provide predominantly active frontages including shops, retail showcases, cafés, restaurants, leisure offers, service providers and artistic installations. Active frontages along the North- West edge will help to reinforce the creation of new civic space on Midsummer Boulevard. A Public Art Work element will be integrated into the lighting strategy of the buildings façades and engage with the public realm. The area of public realm immediately in front of the proposed development, adjacent to Midsummer Boulevard, could facilitate a community meeting and gathering point. 5.6 Weather Protection In line with the CMK Alliance Plan; weather protection is required which must be included within the red line boundary of the site. Weather protection will be allocated to Midsummer Boulevard, Lower 10 th Street and a smaller portion along Lower 9th Street and will be in the form of structural glazed canopies fixed to unit frontages and feature corners. 5.7 Access / Ease of Movement The proposal shall achieve inclusive design and easy access for pedestrians on Lower 10th Street and Midsummer Boulevard East. The design must create inclusive access as required in compliance with Part M of the Building Regulations. The design must be DDA compliant (to ensure compliance with the Disability Discrimination Act 1995). The design will respect connections to existing routes and surrounding neighbourhoods. 5.8 Landscape & Public Realm Key objectives for the landscape and public realm plan are: Follow a landscape approach that complements the existing context To protect the historic setting and context To guide provision for new Public Realm spaces Lighting of the building will contribute towards the surrounding street lighting strategy to facilitate a safe and secure environment. The design will incorporate public art or establish a public art strategy into the development as advised in CMK Handbook. A Public Art Work element will be integrated into the lighting strategy of the building and should reference the heritage of the site and take consideration of its context. 5.9 Visual Appearance & Architectural Principles The layout, form and appearance of the proposals will provide a positive contribution to local character and seek to contribute towards a distinctive sense of place. The design will consider how it makes reference to the previous building and its prominent nature, elements of the intent should be seen on proposed design option which creates a prominent prow on the active edge.
The design will use high quality materials to create a unified expression across the design. 5.10 Security The design must follow the guidance set out in the Secure by Design recommendations which assists in the creation of safe, well lit, welcoming environment around the building with good sight lines overlooking from active frontages and extended opening times for the leisure and food and beverage offer. 5.11 Sustainability The development should achieve a minimum BREEAM (Building Research Establishment Environmental Assessment Method) rating of Very good and Sustainable construction practices will be followed. The development will integrate green infrastructure as part of its design will encourage active lifestyle for all the users. 5.12 Engagement Clause 5.2 of the s106 agreement stated: 'Prior to submission of the Design Code the Owner shall carry out consultation (including at least one design workshop) with local stakeholder groups including (but not necessarily limited to) the Council and Central Milton Keynes Town Counci'l. Consequently, two workshops were held with local stakeholder groups in attendance including the Council, Central Milton Keynes Town Council, the Town Forum, Xplain and Milton Keynes Development Partnership. Through these events and internal consultations, amendments were made that addressed points raised through the events and responses. The Design Code outlines the mandatory elements within the above sections to ensure a co-ordinated approach to the development of the entire site is taken and that the design vision for the area is adhered to. Any departure from the mandatory elements of the Design Code will require significant justification by the designers. The Design Code will be used in the consideration of reserved matters applications by the Local Planning Authority. Overall, the developer is considered to have addressed all the general and detailed comments made by Officers. The document has been reviewed for its consistency, quality of outcomes and design principles and for its application in assessing planning applications. The Design Code provides a set of design controls to ensure the creation of high quality and sustainable redevelopment of The Point site. 6.0 CONCLUSIONS The developer has amended the draft Design Code to address the comments received by Officers and through consultation events. The finalised document is consistent with National and Local Planning Policy and the extant outline planning permission.
The document provides robust direction and guidance for the preparation of reserved matters application and will ensure that development at 602 Midsummer Boulevard is consistent within the site. It is therefore recommended that the Design Code is approved.
Appendix to 18/00266/DISCON 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) 13/01729/OUT Outline planning permission for the demolition of The Point and redevelopment of the site to provide a range of retail (use classes A1, A2, A3, A4 and A5) and leisure (use class D2) uses and incorporating a maximum of 20,600 sq. m (Gross Internal Area) floorspace 17/03398/NMA Non material amendment to planning application 13/01729/OUT to the wording of Condition 5 (Design Codes) A2.0 ADDITIONAL MATTERS (Matters which were also considered in producing the Recommendation) None 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) A3.1 The overall consultation expiry ends 30.03.18. The following have been consulted and an update will be provided to Members with any representations received: Landscape Architect Urban Design CMK Parish Council MK Forum Highways Engineer