item 4 - Trinity South Housing Development – Resolution to Make a

Transcription

Cabinet
Date: 2 October 2013
Trinity South Housing Development – Resolution to
Make a Compulsory Purchase Order
Report of the Corporate Director for Economic Regeneration
Cabinet Portfolio/Lead Member: Regeneration and Economy – Councillor
Michael Clare
Purpose of Report
1. This Report follows previous reports to Cabinet in respect of development of
the Trinity South site as part of the South Shields Riverside Regeneration
initiative, more particularly reports dated 3 November 2010 and 12 June
2013.
2. Cabinet is recommended to progress site assembly and to authorise the
use of compulsory purchase powers for the purpose of facilitating the
carrying out of development, re-development or improvement of land for the
purposes of providing new housing development and associated
landscaping and highways improvements thereby achieving the promotion
and/or improvement of the economic, social and environmental well-being
of the area.
3. It is therefore recommended that Cabinet authorise the making of The
Council of the Borough of South Tyneside (Land at Frederick Street, New
George Street, Walpole Street, Reed Street and Havelock Street, South
Shields) Compulsory Purchase Order 2013 (“the Order”).
Contact Officer: John Sparkes
Ext. 7603
cabinet cabinet
cabinet cabinet cabinet cabinet cabinet
Trinity South Housing Development – Resolution to Make a CPO
Introduction
4. Trinity South is one of five neighbourhoods in the South Shields Riverside
area identified for regeneration in the South Shields Riverside Regeneration
Strategic Development Framework (“the Riverside Strategy”). Trinity South
comprises the former Circatex factory site at Eldon Street, and land
between that site and the Western Approach Road, including Frederick
Street.
5. Cabinet will be familiar with the background to the Riverside Regeneration
proposals and Trinity South previously set out in reports including reports
dated 3 November 2010 and 12 June 2013 respectively.
6. Furthermore, the Statement of Reasons, attached as Appendix 1 to this
report, sets out in detail both the context and background to the proposed
development as well as the case for compulsory acquisition.
The Proposed Scheme
7. The Council intends to secure the bringing forward of a housing
development scheme in the Trinity South neighbourhood in line with
objectives identified in its Local Development Framework, including its Core
Strategy and Site-Specific Allocations Development Plan Document. As
noted above, the proposed housing development is also part of the wider
South Shields Riverside Regeneration initiative.
8. A private sector development partner, Keepmoat (“the Developer”), has
been appointed to deliver a scheme that will achieve the Council’s
objectives and will provide modern sustainable housing in a form which will
better meet housing needs and aspirations within South Shields and
improve both the quality of housing and the physical environment.
9. Outline planning permission dated 5 November 2009 and known under
reference ST/0588/09/OUT was granted for a mixed use development,
comprising 401 residential units, 5,700 sqm commercial floorspace (Use
Class B1 & B2) and 400 sqm retail and leisure floorspace (Use Class A1,
A2, A3, A4 and D2). The Outline Permission has subsequently been part
implemented by the construction of One Trinity Green.
10. Planning permission dated 29 April 2013 and known under reference
ST/0081/13/FUL has been granted for the construction of 222 new
dwellings and associated infrastructure, landscaping and boundary
treatments, together with new and revised public car parking facilities and
car parking for the Trinity Medical Centre and St George’s Medical Centre
and a proposed new bus lay-by (on Western Approach) on land bordered by
Laygate, Eldon Street, Reed Street, Western Approach and including the
southern section of Frederick Street and part of New George Street, South
Shields (“the Scheme”).
Cabinet Date: 02.10.13
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11. The Council already owns or has already secured a number of interests
required for the Scheme and is continuing its efforts to acquire by
agreement remaining interests. In addition One North East (“ONE”)
acquired the former Circatex factory site (which was then cleared). ONE’s
interest in the Circatex land subsequently transferred to the Homes and
Communities Agency (“HCA”). The Developer has also entered in to an
agreement with a private landowner to purchase an area of land comprising
part of the Medical Centre car park which will form part of the Scheme.
12. A Development Agreement was entered into on 28 March 2013 between the
Council, HCA and the Developer to secure the delivery of the Scheme.
13. The Scheme is to be developed in 4 Phases. The Council and HCA
together owned the interests required for Phases 1 and 4. Phase 1 of the
Scheme has been implemented by the Developer in summer 2013 and
development of that part of the Scheme is progressing. However, in order
to implement Phases 2 and 3 of the Scheme a number of interests are still
required to be acquired
14. In assessing design and viability factors relevant to the scheme the
Developer identified visibility from and relationship to the A194 Western
Approach as a key consideration. The Developer, with the Council’s
endorsement, considered it desirable to provide a landmark building in the
prominent location at the head of the Scheme Site adjacent to Western
Approach. Development of that corner site together with Phase 2 makes a
clear statement about the regeneration of Trinity South and its frontage
position substantially enhances the profile of the Scheme.
15. The Development Agreement provides that the Developer will develop the
site at its own cost in four phases as indicated on the plan attached at
Appendix C to the Statement of Reasons. Phase 1 is the south west corner
of the site. Phases 2 and 3 contain the Order Land. Acquisition of the
Order Land and confirmation of the associated Stopping Up Order is
therefore necessary in order to develop Phases 2 and 3. In particular, in
order to ensure continuity of delivery and in particular to ensure that the
prominent frontage contained within Phase 2 is developed next it is
necessary for the site to be assembled by means of compulsory purchase.
16. On 3 November 2010 Cabinet resolved “in principle” to consider the use of
the Council’s compulsory purchase powers under S226 (1) (a) of the Town
and Country Planning Act 1990 (“the 1990 Act”) if this became necessary to
ensure that the site could be assembled so as to be able to deliver
comprehensive redevelopment in accordance with the Riverside Strategy
and adopted planning policies.
17. Development of the site in accordance with the detailed planning permission
is in accordance with national and local planning policy and guidance and it
is considered that there are no planning impediments to delivery of the
Scheme.
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18. The Scheme will deliver a number of benefits including:
•
delivering high quality housing development that meets policy objectives
as set out in the Council’s Local Development Framework;
•
promoting a more sustainable community and providing a choice of
housing meeting the needs and aspirations of residents;
•
achieving demonstrable environmental improvement, including higher
quality modern homes;
•
consolidating the function of the Frederick Street District Centre into a
more sustainable, compact and viable core;
•
improving the integration of neighbourhoods both within the Riverside
area and with adjoining areas of South Shields;
•
contributing to the broader Riverside regeneration initiative; and
•
facilitating the re-use of brownfield land.
19. Furthermore it is considered that the Scheme will contribute to the wellbeing of the area, including in the following ways:
•
in economic terms, by contributing to the local economy through the
development of the Scheme, by providing modern, quality housing
required by an economically active population, and by promoting a
consolidated and more viable District Shopping Centre at Frederick
Street;
•
in social terms, by providing housing of a quality and type that meets
local housing market aspirations and thereby contributes to the
promotion of a sustainable community; and
•
in environmental terms, by delivering a high quality housing scheme with
high environmental standards and landscaping including a linear park
and improved pedestrian links.
Acquisition by agreement and the need for compulsory purchase
20. The Council continues to seek to acquire land by agreement wherever
possible and will continue to do so notwithstanding the resolution to make a
Compulsory Purchase Order.
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21. The Council’s Estates Department and subsequently Sanderson Weatherall
LLP on behalf of the Council have undertaken and continue to undertake
negotiations to seek to acquire property interests by agreement.
22. The position regarding acquisition as at the date of preparation of this report
and the accompanying draft Order is set out in detail in the Schedule to the
Order. In brief, to date, excluding plots comprising highway only, the
Council has acquired interests in 13 plots (comprising approximately 31
addresses). Interests in around 30 plots (comprising approximately 66
addresses) remain to be acquired. (There are more address numbers than
Order plot numbers because most plots have discrete addresses for ground
and first floors respectively.) It should also be noted that a number of
properties are presently subject to agreed terms but completion of
acquisition is pending.
23. There are therefore a significant number of interests required in order to
assemble the land required in order to facilitate the carrying out of Phases 2
and 3 of the Scheme.
24. Notwithstanding that negotiations have been ongoing with a number of
property owners and some have concluded successfully there remain
outstanding interests that it has not proved possible to acquire, whether for
reasons of the failure of landowners to engage with the Council in
negotiations or otherwise.
25. It is therefore unlikely that the entirety of the Order Land will be assembled
by agreement within a timescale that meets the development programme.
Accordingly it is considered necessary to proceed with the compulsory
purchase in order to assemble the site to enable the Scheme to be
delivered. In any event, notwithstanding that it is recommended that
compulsory purchase of the Order Land proceed, negotiations to acquire by
agreement wherever practicable will continue in parallel with the CPO
process.
Programme
26. As is noted earlier in the report and attached Statement of Reasons the
Developer has commenced Phase 1 of the Scheme. It is anticipated that
the first properties will reach the market by the end of 2013 and thereafter
the rest of Phase 1 will be delivered during 2014.
27. In the event that Cabinet resolves to make the Order it is intended to serve
statutory notices as soon as reasonably practicable. Persons affected by
the Order have an opportunity to make objections and, if objections are
made, the Secretary of State will require a Public Inquiry to be held. If
required an Inquiry is likely to take place in Spring 2014.
28. In the event that the Order is confirmed and the Order Land acquired it is
intended that Phase 2 commence as soon as practicable. The build
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programme for Phases 2, 3 and 4 is envisaged to take around 4 years in
total.
The Order Land
29. The land that is required to be compulsorily acquired in order that Phases 2
and 3 of the Scheme can be delivered and therefore the Scheme be
delivered in its entirety is identified on the Order Map, attached as Appendix
2 to this report. A draft Order containing a Schedule of land interests in the
Order Land is attached as Appendix 3 to this report.
30. In addition to the recommendation to make the Order Cabinet is also
recommended to appropriate for planning purposes any land in the
Council’s ownership which is required in order to satisfy the site assembly
condition in the agreement with the Developer and thereby ensure the
delivery of the Scheme.
The Case for Compulsory Purchase
31. Section 226(1)(a) of the 1990 Act provides the power to acquire
compulsorily land where an acquiring authority thinks the acquisition will
facilitate the carrying out of development, redevelopment or improvement
on or in relation to the Order Land. Such power may only be used where
the acquiring authority thinks the development, redevelopment or
improvement is likely to contribute to the achievement of the promotion or
improvement of the economic, social or environmental well-being of the
authority’s administrative area (per Section 226(1A) of the 1990 Act).
32. National policy as set out in Appendix A of Circular 06/04 expressly
recognises that the use of s226(1)(a) of the 1990 Act powers is relevant to
the achieving of planning objectives and provides guidance to acquiring
authorities on the use of compulsory purchase powers. The Council has
taken account of that guidance in making this Order.
33. The Council and its partners the HCA, and formerly ONE, have recognised
the need for intervention in the Trinity South neighbourhood area in order to
achieve the objectives of sustainable development by means of provision of
modern, high quality housing, District Centre consolidation and Riverside
regeneration. The Riverside Strategy established the overarching
regeneration framework and objectives. Subsequent key steps included the
acquisition by ONE of the former Circatex factory and the development of
One Trinity Green. The compulsory acquisition of the Order Land and
delivery of the Scheme at Trinity South with the Council’s private sector
partner represents the next key step in the process of renewal through
sustainable development.
34. The Order Land comprises a number of discrete ownerships which are
required in order to achieve the proposed comprehensive residential
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redevelopment by means of the implementation of the Scheme. Ownership
of the land by the Council is necessary to enable Phases 2 and 3 of the
Scheme to proceed. In particular it is necessary that all the land required
for Phase 2 of the scheme be acquired at as early a date as possible to
provide certainty in programming the development of the proposed housing
redevelopment.
35. The Rekendyke area has witnessed a decline in economic health and in its
social and built fabric over a number of decades. Frederick Street has
functioned as the local shopping street but in particular its southern section
has been in decline for many years.
36. The Riverside Strategy identified particular problems of fracture and
impermeability within the urban grain. Through the designation of five key
employment sectors and five new neighbourhoods the Riverside Strategy
seeks to integrate existing housing and new residential development and
thereby promote sustainable communities. Trinity South was specifically
identified as an area whose redevelopment, principally for residential uses,
would provide a key link between the Riverside neighbourhoods, within the
Rekendyke area and with the Town Centre. Within the over-arching
objective of sustainable, mixed use development Trinity South was
identified as appropriate for housing-led regeneration.
37. Following on from the overarching objectives provided by the Riverside
Strategy, the Site-Specific Allocations DPD identified Trinity South as a key
redevelopment site for the creation of sustainable communities. It allocated
the site for a mix of uses whilst at the same time recognising that
appropriate uses may be a combination of any of those uses outlined in the
policy. As reflected in the Council’s planning appraisal of the Scheme in its
Planning Committee report, the proposed residential element of the Scheme
when considered together with the development of car parking provisions,
the consolidation of Frederick Street and the previous provision of One
Trinity Green create a mix of uses consistent with the promotion of
sustainable development.
38. The Site-Specific Allocations DPD also reiterates the conclusion that the
Frederick Street District Shopping Centre has long-standing, structural
weaknesses requiring intervention in order to consolidate it into a more
sustainable core north of Walpole Street and around Laygate.
39. In particular its southern half has experienced relatively high void and
vacancy rates, whereas there has to a degree been recent retail investment
at the northern end of Frederick Street, at Laygate, in the form of Lidl. In
addition, many of the retail units and flats above in the southern part of
Frederick Street are in a relatively poor condition. The boundary of the
Frederick Street District Centre was revised in the Site Specific Allocations
DPD to exclude the southern part of Frederick Street, reflecting its failing
functionality.
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40. The Riverside Strategy recognised that Frederick Street District Centre “is
not working”. The southern half of Frederick Street has in particular been
identified as weak. Moreover, its existing buildings are unattractive and of
poor quality with significant voids. The Strategy concluded that it requires
consolidation in order to promote viability and that the consolidated centre
would in turn benefit from increased adjacent local housing provision to
bolster the immediate catchment.
41. There have been a number of retail studies and assessments which have
come to similar conclusions about retail provision in Frederick Street District
Shopping Centre. Details are set out in the Statement of Reasons.
42. The Council’s 2001 retail capacity study, “Retailing and Shopping Patterns
In South Tyneside’ noted that Frederick Street could be “the subject of
regeneration initiatives examining the potentials for both contracting the
centre into a more sustainable core, together with the construction of a new
anchor convenience store for Lidl.”
43. In 2007 the White Young Green Study noted that the District Centre
suffered from acute vacancies which are detrimental to the built
environment and the vitality of the centre.
44. In 2008 Atis Real noted an oversupply of retail provision and “a stark
contrast between the northern and the southern sections of the street with
the visible division being Walpole Street”. Atis Real also characterised the
southern section of the street as being “distinctly inferior with a high void
rate and a larger number of properties being in disrepair”. It was also
acknowledged that notwithstanding there had been some investment and
some properties were well maintained it was considered unlikely that it was
on a scale to improve the southern section of the street so as to be
economically viable parade of shops.
45. In 2012 the South Tyneside Retail, Health and Capacity Study produced by
GVA Grimley Ltd identified 26 vacant units within the District Centre (from a
total of 105 units). The study noted that the main concentration of vacant
units was towards the southern end of Frederick Street beyond Walpole
Street.
46. There is therefore a marked contrast between the failing southern half of
Frederick Street which is proposed to be subject to redevelopment and the
northern half that has a much more substantial number of properties
occupied and trading. There is an oversupply of retail floorspace within the
District Centre. It is apparent that the continued future of the southern
section as part of the retail function of the District Centre is no longer viable.
The clearance and redevelopment of the southern section of the street is
necessary to protect the viability of the District Centre as a whole and the
neighbourhood in general. Moreover, the Scheme will create a new
residential area that will provide additional market for the consolidated
District Centre. The concentration of the retailing core into one section,
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including relocation of occupiers from the southern section, will in turn
contribute to a more sustainable community.
47. The Scheme has the benefit of planning permission as noted above. It will
deliver high quality housing providing a substantial number of new homes of
a variety of types and tenure in accordance with national and local level
policy and in a sustainable and accessible location. The scheme meets the
objectives both of the Core Strategy and Site -Specific Allocations DPD and
the overarching Riverside Strategy.
48. It is necessary to acquire the Order Land in order to deliver Phases 2 and 3
of the Scheme.
49. Phase 2 will contribute significantly to the overall benefits of the Scheme by:
delivering new housing; promoting a sustainable community in the
Rekendyke area; improving connectivity between the Riverside
neighbourhoods and adjacent areas; and facilitating the consolidation of
Frederick Street into a more compact and viable core retail area.
50. The layout of Phase 2 will in particular perform a “gateway” function
providing a focal point for linkage from Western Approach towards the wider
Riverside area. It will also enable the provision of a linear park running
through the Scheme. In these ways it will contribute significantly to a
positive transformation of the area’s image and to the achievement of the
broader Riverside regeneration programme.
51. The interests required in order to deliver Phase 3 are outstanding interests
in highways and land used for car parking not otherwise in the ownership of
the Council. These interests are required to be acquired in case any private
rights of way or other interests are found to exist and thereby frustrate or
compromise the delivery of the Scheme.
52. The Scheme will contribute to the economic, social and environmental wellbeing of the area. The Developer has demonstrated commitment to the
Council’s objectives by commencing development of Phase 1. The timely
and sequential delivery of subsequent phases will contribute to the
achievement of the objectives, including: the provision of modern and high
quality housing development meeting the aspirations and needs of
residents; contributing to a sustainable community in the Rekendyke area;
promoting environmental improvement including through the demolition of
poor quality buildings in the southern part of Frederick Street and the
provision of quality housing and landscaping including a linear park;
redeveloping the southern part of Frederick Street thereby consolidating the
District Centre and enhancing its viability; addressing the fractured and
impermeable nature of the urban grain and creating crucial linkages
between Riverside neighbourhoods and adjacent areas; and contributing to
the regeneration of the wider Riverside area.
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53. It is therefore considered that there is a compelling case for compulsory
purchase and that the Order should be made and submitted to the
Secretary of State for Communities and Local Government for confirmation.
Human Rights Issues
54. The European Convention on Human Rights (“the Convention”) was
incorporated into domestic law in England and Wales by the Human Rights
Act 1998 (“the 1998 Act”). The 1998 Act prevents public authorities from
acting in a way which is incompatible with rights protected by the
Convention.
55. Of particular relevance to the compulsory purchase process are Articles 6
and 8 of the Convention regarding entitlement to a fair and public hearing by
an independent and impartial tribunal and respect for privacy and family life
respectively and Article 1 of the First Protocol which concerns the protection
of property.
56. Circular 06/04 advises that “a compulsory purchase order should only be
made where there is a compelling case in the public interest. An acquiring
authority should be sure that the purposes for which it is making a
compulsory purchase order sufficiently justify interfering with the human
rights of those with an interest in the land affected. Regards should be had,
in particular, to the provisions of Article 1 of the First Protocol to the
European Convention on Human Rights, and in the case of a dwelling,
Article 8 of the Convention”.
57. As regards Article 6 rights the Scheme has been publicised and
consultation has taken place with parties potentially affected by the Order.
All those parties whose interests are identified and included in the Order will
be notified and have the right to make objections or other representations to
the Secretary of State for Communities and Local Government and to be
heard at a public inquiry. The statutory process and right for affected
parties to pursue remedies in the High Court where appropriate are
compliant with Article 6.
58. Both Article 8 and Article 1 of the First Protocol rights are qualified rights
and may therefore be overridden where it is considered that the interference
with these rights are proportionate and that the interference is necessary in
the interests of, amongst other things, national economic well-being.
59. The European Court of Human Rights has recognised in the context of
Article 1 of the First Protocol that “regard must be had to the fair balance
that has to be struck between the competing interests of the individual and
of the community as a whole”, and both public and private interests have
been taken into account in the exercise of the authority’s powers and duties
as a local authority. The Council considers that the Order constitutes a fair
balance between the public benefits accruing from the acquisition and
implementation of the Scheme and the private rights affected by the Order.
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60. It is acknowledged that the Order if confirmed will result in the taking of
property. However, this will be in accordance with a statutory process
which was held to be compliant with Article 6 of the Convention which
provides that “everyone is entitled to a fair and public hearing within a
reasonable time by an independent and impartial tribunal established by
law”. The CPO process undertaken by the Council has taken into account
the economic well-being of the locality in terms of regeneration, housing
need, sustainable communities and environmental improvements. The
process already allows for the payment of compensation to those where
properties and other private rights are affected by the acquisition of land
under the CPO process. Compensation will be payable in accordance with
the Compulsory Purchase Code (comprised in statute and case law) and
including the market value of the property interest compulsorily acquired,
together with (where appropriate) disturbance, statutory loss payment and
home loss payments.
61. Moreover, in pursuing this Order, the Council has carefully considered the
balance to be struck between individual rights and the wider public interest.
In this instance it is considered that the Order is required in the public
interest and is consistent with the ECHR and 1998 Act in that the public
purpose of securing the site for the redevelopment described herein and
concomitant economic, social and environmental benefits are of sufficient
weight to override the interference with human rights that the Order
necessarily involves; and that compulsory acquisition is necessary to
achieve that purpose.
62. It is also considered that the Order is proportionate having regard to the
alternative means of securing the redevelopment of the Order Land and the
associated regeneration of the area.
Financial and Value for Money Implications
63. For a more detailed financial summary members are referred to the
exempt Cabinet reports dated 9 January 2013 in respect of appointment of
the Scheme Developer and the exempt report dated 2 October 2013 in
respect of the Council’s commitment to funding required to acquire the
Order Land. Circular Guidance 06/04 advises acquiring authorities that an
absence of a clear intention regarding the use of land and the resources
available within a reasonable timescale may make it difficult to show
conclusively that a CPO is in the public interest. It is therefore necessary
for the Council as acquiring authority to demonstrate that there are or will be
resources available to deliver the Scheme.
64. In this instance the Development Agreement allocates funding for the
acquisition of all interests in the Order Land. In the event that the cost of
acquisition and other compensation exceeds the allocated funding provision
is made in the Development Agreement for the application of additional
funding arising from overage in accordance with an agreed formula. The
exempt report of 2 October recommends that Cabinet confirm that in the
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event that such funding was to prove insufficient, the Council will allocate
further funding in order to acquire all interests in the Order Land.
65. Cabinet is therefore recommended in the exempt report of like date to this
report to agree to make provision, should the need arise, for further funding
necessary to deliver the Scheme.
Legal Implications
66. The Order is timely and necessary to achieve the comprehensive
redevelopment of Trinity South and delivery of the Scheme in its entirety.
67. The promotion of compulsory purchase invariably involves potential
interference with rights under the ECHR of those affected by the Order. It is
considered that the benefits of the Scheme justify the compulsory
acquisition of third parties’ property rights. This is both in the public interest
and is proportionate. It is considered that interference with a person’s right
to respect for their home is justified in the interests of the economic, social
and environmental well-being of the area.
68. From the making of the Order a statutory process will be followed. Persons
affected by the Order have a right to submit objections to the Secretary of
State for Communities and Local Government and to a hearing of such
objections.
69. From the making of the Order there is also potential for blight notices to be
served requiring the Council to acquire land.
Risk and Opportunities Implications
70. The development will deliver 222 new homes, including 20 affordable
homes for rent, and create a sustainable new neighbourhood at Trinity
South. The inclusion of the southern part of Frederick Street within the
scheme will facilitate redevelopment in accordance with the objectives of
the Council’s Core Strategy and Site-Specific Allocation Development Plan
Document. In particular it will consolidate Frederick Street District Centre
into a more sustainable, compact and viable core. In addition it will bring
about environmental improvement to an area where the urban fabric has
experienced significant decline. The development will transform the area,
create a high quality sustainable housing offer and provide new footfall for
the consolidated local shopping area at Frederick Street / New Green
Street, improving its health and viability.
71. The Joint Venture Agreement, dated 18 December 2012, between the
Council and HCA contains a priority return provision. This ensures any
future profits realised through overage are first allocated to cover eligible
property acquisition expenditure incurred by the Council.
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72. The main risks to the Council relate to the assembly of the third party land
required for the Scheme. Risks are financial, relate to delivery and are also
reputational. The cost of the acquisitions cannot be finalised until all the
acquisitions have been made so there is a risk that costs may exceed the
budget. This financial risk can be mitigated by ensuring that the acquisition
budget is adequate, based on accurate available market information and
kept under on-going review.
73. Not utilising the Council’s powers of compulsory purchase would prejudice
the delivery of the Scheme as land assembly could not be guaranteed. It
would be most unlikely that the site could be assembled by means of
negotiation and invariably not within a timescale concomitant with the timely
delivery of Phases 2 and 3 of the Scheme.
74. Indeed the failure to use compulsory purchase powers would mean that the
Scheme could not be delivered in its entirety and the opportunity for
comprehensive redevelopment would be lost.
75. The benefits of the Scheme would not arise, including the consolidation of
the Frederick Street District Centre.
Equality and Diversity Implications
76. The homes will achieve a Building for Life silver standard, meaning that they
are suitable and adaptable for people of all ages and the overall design of
the development will take into account the needs of people with disabilities.
The new homes for rent will be managed by South Tyneside Homes in
accordance with the Council’s equality policies and practice.
77. An Equality Check was conducted during preparation of the 9th January
2013 Cabinet Report to appoint the developer. A further supplementary
Equality Check has been carried out in relation to the property acquisition
element of the Scheme.
Environmental and Sustainability Implications
78. The development will contribute to the objective of creating a sustainable
new mixed-use neighbourhood at Trinity South. It will improve local
conditions relating to waste disposal, health and safety and vandalism
which the Council and emergency services have dealt with in recent years.
79. The new houses will be constructed to a minimum of Code for Sustainable
Homes Level 3, with an emphasis on a “fabric first” approach to minimise
energy demands. This is a higher standard of sustainable construction than
normal building regulations requirements.
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Options to be considered
80. Cabinet has the following options:
a) To make a CPO pursuant to the recommendations herein. It is
considered that the use of the Council’s compulsory purchase powers is
necessary in order to achieve the desired objective of the delivery of the
Trinity South site and the resultant benefits as identified in this report.
b) To defer making a decision. It is considered this approach would
compromise timely site assembly; in particular the delivery of Phase 2 of
the Scheme in a timely fashion. If such a decision to defer were taken it
is unlikely that purchases necessary to achieve site assembly could be
negotiated within the necessary timescale.
c) To decide that the Council will not use its compulsory purchase powers.
It is considered this approach would mean that the Scheme would be
incapable of being delivered given that it is not considered practicable to
achieve site assembly by negotiation. The opportunities to deliver the
benefits of the Scheme would therefore be lost.
Recommendations
81. It is recommended that Cabinet authorises the Corporate Director,
Economic Regeneration :
a) to make a Compulsory Purchase Order (“CPO”) pursuant to S226(1)(a)
of the Town and Country Planning Act 1990 to purchase compulsorily
the land shown on the Order Map at Appendix 2 for the purpose of
facilitating the carrying out of development, redevelopment or
improvement of land for the purposes of providing new housing
development and associated works including landscaping, park and play
areas, highways and car parking thereby achieving the promotion and/or
improvement of the economic, social and environmental well-being of
the area.
b) to make minor amendments, modifications or deletions to the Order
(including for the avoidance of doubt to the Order Map) and to the
Statement of Reasons if necessary and to finalise and make the CPO.
c) to publish and serve all necessary notices consequent on the making of
the CPO; and to submit the CPO to the Secretary of State for
Communities and Local Government; and otherwise to take all
necessary steps, whether expressly required by statute or otherwise, to
secure confirmation of the CPO by the Secretary of State for
Communities and Local Government.
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d) subject to the confirmation of the CPO by the Secretary of State for
Communities and Local Government, to acquire title and/or possession
of the CPO land (or any part thereof) whether by means of General
Vesting Declaration or Notices to Treat and/or Notices of Entry, including
publishing and serving any notices and/or executing any documentation
required in connection with such acquisition or possession.
e) in the event that the Council is authorised to act as confirming authority,
to confirm the CPO.
f) to take all necessary steps to secure all necessary orders to stop up,
extinguish or divert existing public highways and rights of way necessary
to achieve the delivery of the housing scheme for which purpose the
CPO is to be made.
g) to exercise powers of entry onto land in connection with the CPO and to
delegate such powers as appropriate to officers of the Council and/or to
otherwise authorize external consultants to act on the Council’s behalf in
that regard.
It is further recommended that Cabinet:
h) approve pursuant to Section 122 Local Government Act 1972, the
appropriation of all land required for the Scheme that is currently held by
the Council for non-planning purposes to be held for planning purposes
under Part IX of the Town and Country Planning Act 1990.
Reasons for Recommendations
To ensure that a Compulsory Purchase Order is made to acquire the land
identified in this report and thereby assemble the site required for the delivery
of housing development at Trinity South thereby promoting and/or improving
the economic, social and environmental well-being of the area.
Version: Final
Page 15
background papers background papers background papers
Trinity South Housing Development – Resolution to
Make a Compulsory Purchase Order
The following is a list of the background papers (excluding exempt
papers) relied upon in the preparation of the above report:
Background Paper
Cabinet Report:
(South Shields
Riverside
Regeneration Trinity South
neighbourhood
property
acquisitions)
Cabinet Report:
(Trinity South
Housing
Development –
Update)
Planning Committee:
Outline Planning
Application (5th
November 2009)
Planning Committee:
Full Planning
Application (29th
April 2009)
File Ref:
File Location
3rd November 2010
Public record at
www.southtyneside.info
12th June 2013
Public record at
ST/0588/09/OUT
ST/0081/13/FUL
2013-2018 Medium
Term Financial Plan
Website
www.southtyneside.info/planning
Area Planning Team office,
South Shields Town Hall
Website
www.southtyneside.info/planning
Area Planning Team office,
South Shields Town Hall
Website:
Contact Officer: John Sparkes
background papers background papers background papers
APPENDIX 1
STATEMENT OF REASONS
The Council of the Borough of South Tyneside
(Land at Frederick Street, New George Street, Walpole Street, Reed Street
and Havelock Street, South Shields)
Compulsory Purchase Order 2013
The Town and Country Planning Act 1990
and
The Acquisition of Land Act 1981
Statement of Reasons
CONTENTS
1.
Introduction ............................................................................................................................................ 1
2.
The Order Land ..................................................................................................................................... 4
3.
Powers .................................................................................................................................................. 7
4.
Background And Context ......................................................................................................................10
5.
Proposals For Redevelopment Of The Land ..........................................................................................21
6.
Delivery ................................................................................................................................................25
7.
Consultation..........................................................................................................................................27
8.
Acquisition By Agreement .....................................................................................................................30
9.
The Case For Compulsory Purchase.....................................................................................................32
10. Special Considerations/Views Of Government Departments ..................................................................37
11. Related Orders .....................................................................................................................................38
12. Human Rights .......................................................................................................................................39
13. Public Inquiry Rules And Documents.....................................................................................................41
Appendix A Location Plan .............................................................................................................................42
Appendix B Scheme Layout ..........................................................................................................................43
Appendix C Phasing Plan ............................................................................................................................44
Appendix D Order Map .................................................................................................................................45
Appendix E Planning Policies........................................................................................................................46
Appendix F Documents to be referred to .......................................................................................................51
Appendix G Extract from Riverside Strategy identifying Five Neighbourhood Areas .......................................53
Appendix H Stopping Up Map .......................................................................................................................54
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2
THE COUNCIL OF THE BOROUGH OF SOUTH TYNESIDE
(LAND AT FREDERICK STREET, NEW GEORGE STREET, WALPOLE STREET, REED STREET
AND HAVELOCK STREET, SOUTH SHIELDS)
COMPULSORY PURCHASE ORDER 2013
STATEMENT OF REASONS
1.
INTRODUCTION
1.1
This document is the Statement of Reasons for the above Compulsory Purchase Order namely
the Council of the Borough of South Tyneside (Land at Frederick Street, New George Street,
Walpole Street, Reed Street and Havelock Street South Shields) Compulsory Purchase Order
2013 (herein referred to as “the Order”). The land and interests in the land included within the
Order are referred to as “the Order Land”.
1.2
South Tyneside Borough Council (“the Council”) is the local planning authority and acquiring
authority for the administrative area that includes the Order Land. The Council has made the
above Order which it has submitted to the Secretary of State for Communities and Local
Government for confirmation. The Order was made under Section 226(1)(a) of the Town and
Country Planning Act 1990 as amended (hereinafter referred to as the “1990 Act”). The Council
considers that acquiring the Order Land will facilitate the carrying out of development,
redevelopment or improvement on the Order Land. In considering whether to exercise such
power the Council has also had regard to Section 226(1A) of the 1990 Act and considers that the
proposed redevelopment will promote and/or improve the economic, social and environmental
well-being of the Council’s administrative area.
1.3
The Order has been made to enable the bringing forward of a housing development scheme in
line with the Council’s objectives as identified in its Local Development Framework, including its
Core Strategy and Site-Specific Allocations Development Plan Document. The Order Land is
situated within the Trinity South neighbourhood area identified within the South Shields Riverside
Regeneration Strategic Development Framework (“the Riverside Strategy”) as one of five key
neighbourhood areas identified for renewal by means of redevelopment. The redevelopment of
the Order Land is part of the wider South Shields Riverside regeneration initiative and is a key
regeneration priority for the Council.
1.4
A private sector development partner, Keepmoat (“the Developer”), has been appointed to deliver
a scheme that will achieve the Council’s objectives and will provide modern sustainable housing
in a form which will better meet housing needs and aspirations within South Shields and improve
both the quality of housing and the physical environment.
1.5
Planning permission dated 29 April 2013 and known under reference ST/0081/13/FUL has been
granted for the construction of 222 new dwellings and associated infrastructure, landscaping and
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boundary treatments, together with new and revised public car parking facilities and car parking
for the Trinity Medical Centre and St George’s Medical Centre and a proposed new bus lay-by (on
Western Approach) on land bordered by Laygate, Eldon Street, Reed Street, Western Approach
and including the southern section of Frederick Street and part of New George Street, South
Shields (“the Scheme”).
1.6
A location plan of the Trinity South area of South Shields is attached at Appendix A.
1.7
A layout plan of the Scheme is attached at Appendix B.
1.8
The Scheme will deliver a number of benefits including:
•
delivering high quality housing development that meets policy objectives as set out in the
Council’s Local Development Framework;
•
promoting a more sustainable community and providing a choice of housing meeting the
needs and aspirations of residents;
•
achieving demonstrable environmental improvement, including higher quality modern homes;
•
consolidating the function of the Frederick Street District Centre into a more sustainable,
compact and viable core;
•
improving the integration of neighbourhoods both within the Riverside area and with adjoining
areas of South Shields;
1.9
•
contributing to the broader Riverside regeneration initiative; and
•
The Scheme will be developed in four phases (numbered 1-4). A plan identifying the phases is
attached at Appendix C.
1.10
The Council already owns or has already secured a number of interests required for the Scheme
and is continuing its efforts to acquire by agreement remaining interests. In addition One North
East (“ONE”) acquired the former Circatex factory site (which was cleared). ONE’s interest in the
Circatex land subsequently transferred to the Homes and Communities Agency (“HCA”). The
Developer also controls an area of land comprising part of the Medical Centre car park which will
form part of the Scheme (“the Developer Land”).
1.11
The Council and HCA together owned the interests required for Phase 1. Phase 1 of the Scheme
has therefore been implemented by the Developer in summer 2013 and development of that part
of the Scheme is progressing. However, in order to implement Phases 2 and 3 of the Scheme a
number of interests are still required to be acquired.
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1.12
The Council has consequently made the Order in order to secure all outstanding interests
necessary to ensure site assembly to facilitate redevelopment.
1.13
A copy of the Order Map identifying the land to be acquired is attached at Appendix D.
1.14
Land over which there are presently highway rights is proposed to be subject to a Stopping Up
Order.
1.15
This Statement has been prepared in accordance with the advice set out in Appendix R of ODPM
Circular 06/04. The Statement sets out the Council’s reasons for making the Order. The
Statement provides a description of the Order Land, outlines the Council’s purpose in seeking to
acquire it and the case for compulsory purchase in the context of national and local policy.
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2.
THE ORDER LAND
2.1
The Order Land is situated in South Shields, the principal town within the Borough of South
Tyneside in the north east of England. South Shields lies on the southern side of the River Tyne.
It has good road links including to the west via the A194 and A194(m), to the south via the A19
and across the River Tyne via the recently upgraded Tyne Tunnel crossings. It also has good
public transport links, including the Tyne and Wear Metro system and extensive bus routes.
2.2
The Order Land is situated in the Rekendyke area of South Shields. As noted above in Section 1
the Order Land falls within one of the five neighbourhood areas identified within the Riverside
Strategy, namely “Trinity South”.
2.3
Of the five neighbourhoods identified within the Riverside Strategy Trinity South is the most
southerly and the furthest from the town centre facilities. Historically the Rekendyke community
worked in ship building and heavy industry on or near the River Tyne. More recently the Circatex
factory employed nearly 700 people before its closure in around 2006. The cleared area of the
Circatex factory is shown within the site on the location plan at Appendix A.
2.4
The Scheme site comprises a large, cleared area of land which was formerly occupied by the
Circatex electronics factory; the southern part of Frederick St; and land, including car parking,
around the Medical Centres abutting Western Approach. The Scheme site is approximately 5.3
hectares. The surrounding area includes: to the north, Laygate (a mix of commercial and
residential properties – and further afield the New Green Street Shopping Arcade and the AlAznar Mosque); to the west, Rekendyke Industrial Estate, Eldon Street and Havelock Street
(west) containing light industrial uses, commercial premises and One Trinity Green (a business
incubator unit providing managed workspace with offices and workshop units for new and growing
companies); to the east, Western Approach (A194) and the northern half of Frederick Street; and
to the south, Reed Street comprising residential properties, including Sinclair Meadows, a recently
completed sustainable housing development.
2.5
Trinity South is readily accessible from main arterial routes. Both the A194 Western Approach
into South Shields and Laygate which runs east to west from the A194 towards the Riverside
pass close to the Trinity South area. It also has good public transport links. It is close to
Chichester Metro Station and lies on a number of bus routes. The site is also close to local
services within Frederick Street, Laygate, New Green Street and New George Street.
2.6
Land required for the Scheme falls into three categories:
2.6.1
The HCA Land comprising the former Circatex factory site (an area bounded by
Laygate, Eldon Street, Reed Street, the rear of Frederick Street and Havelock Street)
was acquired for regeneration purposes by the erstwhile Regional Development
Agency, One North East (“ONE”). The Circatex site was cleared in 2008 and presently
comprises an area of open grassed land. Upon the abolition of ONE most of its land
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holdings and land-related assets and responsibilities passed to the HCA. Pursuant to
the Development Agreement referred to below the HCA Land will transfer to the
Developer. Having already been acquired by a public body pursuant to its statutory
powers the HCA Land per se is not part of the Order Land but is an integral part of the
Scheme.
2.6.2
The Developer controls interests in land to the east of New George Street currently
comprising part of the Medical Centre car parking provision. These interests do not
form part of the Order Land but comprise land to be developed as part of the Scheme.
2.6.3
The Order Land (coloured pink on the attached Order Map) sought to be acquired by
the Council comprises:
• Land in third party ownership which is required for the purposes of the Scheme; and
• Land in Council ownership but where as a matter of prudence it is proposed to
acquire all interests not already in the Council’s ownership.
2.7
The Order Land more specifically comprises all interests in land (not otherwise owned by the
Council) in:
2.7.1
All properties comprising present and former commercial/retail uses at ground floor level
and variously commercial/retail, storage, office and residential uses at first floor level in
the southern half of Frederick Street (ie to the south of Walpole Street) (plots 4 (part),
plots 5, 16, 19 – 25, 29 – 45, 46 (part))
2.7.2
Former residential property known as 48 Walpole Street (plot 3 (part))
2.7.3
Vacant land formerly comprising 97/99 and 101/103 Frederick Street (plots 17 and 18)
2.7.4
Highway land between 127 and 127a Frederick Street and Reed Street (plot 26)
2.7.5
Vacant land formerly comprising The Eureka Hotel (plot 27)
2.7.6
Vacant land formerly comprising 160/162 Frederick Street (plot 28)
2.7.7
Land at Walpole Street: (plots 2 (part), 3 (part), 4 (part), 46 (part) and 47)
2.7.8
New George Street from its northern intersection with Walpole Street to its junction with
Reed Street (plots 1, 2 (part), 3 (part) and 52)
2.7.9
Highway from a point immediately to the west of Walpole Street to its junction with Reed
Street (plots 48-50 inclusive)
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2.7.10
A triangular area of land comprising highway and an area of car parking bounded to the
west by the HCA land, to the north by Havelock Street and to the east by the western
rear lane to the northern half of Frederick Street (plot 51).
2.8
The Order Land covers approximately 1.43 hectares. The Frederick Street buildings in the Order
Land are predominantly retail and commercial properties at ground floor level with some office,
storage and residential uses at first floor level. As at the date of preparation of this Statement the
Council has acquired interests in approximately a third of the plots in the Order Land. It continues
to seek to acquire interests by agreement and a number of other interests are at agreed sale
stage.
2.9
Details of the interests to be acquired in the Order Land are listed in the Schedule annexed to the
Order. Plot 51 is in unknown ownership.
2.10
In respect of plots already owned by the Council, the Schedule includes the acquisition of all other
interests that may subsist in such plots. The Council has had regard to the Circular Guidance in
respect of using compulsory purchase powers in such circumstances. It is essential that the
whole site is delivered within a defined timescale. Therefore in the event that such other interests
were to emerge it is necessary for the Council to have acquired them at the same time as the rest
of the Order Land to ensure effective delivery of the scheme.
2.11
Land over which there are presently highways rights is proposed to be subject to a Stopping Up
Order. A copy of the proposed Stopping Up Map is attached at appendix H.
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3.
POWERS
3.1
The Council seeks to purchase compulsorily the Order Land for the purpose of the development,
redevelopment or improvement pursuant to Section 226(1)(a) Town and Country Planning Act
1990.
3.2
Section 226(1)(a) of the 1990 Act provides the power to acquire compulsorily land where an
acquiring authority thinks the acquisition will facilitate the carrying out of development,
redevelopment or improvement on or in relation to the Order Land. Such power may only be
used where the acquiring authority thinks the development, redevelopment or improvement is
likely to contribute to the achievement of the promotion or improvement of the economic, social or
environmental well-being of the authority’s administrative area (per Section 226(1A) of the 1990
Act).
3.3
National policy as set out in Appendix A of Circular 06/04 expressly recognises that the use of
s226(1)(a) Town and Country Planning Act 1990 powers is relevant to the achieving of planning
objectives and provides guidance to acquiring authorities on the use of compulsory purchase
powers. The Council has taken account of that guidance in making this Order.
3.4
For the reasons set out in this Statement of Reasons, the Council believes that the acquisition of
the Order Land will facilitate the development, redevelopment and improvement of the Order Land
and that the redevelopment will achieve an improvement in the environmental, social and
economic well-being of the area.
3.5
On 3 November 2010 the Council resolved in principle to use its compulsory purchase powers
under section 226(1)(a) of the 1990 Act to facilitate new residential development in South Shields.
3.6
On 2 October 2013 the Council resolved to use its compulsory purchase powers under s226(1)(a)
of the 1990 Act to acquire the Order Land to facilitate redevelopment for housing purposes. Both
prior to and subsequent to such resolution the Council used all reasonable endeavours to acquire
the outstanding interests by negotiation. However, it has not proved possible to acquire by
agreement all necessary interests in the Order Land. The use of compulsory purchase powers is
therefore required in the circumstances.
3.7
The Order Land is an area in multiple ownership. The Council has sought to acquire by
agreement all interests in the Order Land. Moreover, as at the time of preparation of this
Statement interests have been acquired in approximately one third of the plots comprised in the
Order Land and additional interests are at an agreed sale stage. Moreover the Council continues
to seek to acquire interests by agreement.
3.8
However, it has become apparent to the Council that it will not be possible to acquire all of the
interests required for the Scheme by agreement. The use of compulsory purchase powers is
therefore required in order to acquire all the land needed for the Scheme.
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3.9
It is important that all phases of the Scheme are able to proceed and all of the Order Land is
needed to advance this. In order to achieve the comprehensive and coherent redevelopment of
the site there is a need for the Order to be confirmed in its entirety.
3.10
The properties which have already been acquired by the Council or were otherwise in Council
ownership are included in the Order to ensure that if third party interests that are presently
unidentified or unknown were later to emerge they cannot delay or prevent the delivery of the
Scheme.
3.11
Notwithstanding that the Order has been made and submitted to the Secretary of State the
Council will continue to seek to acquire by agreement land within the Order area wherever
practicable.
3.12
In particular as noted above the Council considers that the Order is necessary in order to achieve
the purpose of development, redevelopment and improvement and achieve the following benefits:
•
delivering high quality housing development that meets policy objectives as set out in the
Council’s Local Development Framework;
•
promoting a more sustainable community and providing a choice of housing meeting the
needs and aspirations of residents;
•
achieving demonstrable environmental improvement, including higher quality modern homes;
•
consolidating the function of the Frederick Street District Centre into a more sustainable,
compact and viable core;
•
Improving the integration of neighbourhoods both within the Riverside area and with adjoining
areas of South Shields;
3.13
•
contributing to the broader Riverside regeneration initiative;
•
It is considered that the Scheme will contribute to the well-being of the area, including in the
following ways:
•
in economic terms by contributing to the local economy through the development of the
Scheme, by providing modern, quality housing required by an economically active population,
and by promoting a consolidated and more viable District Shopping Centre at Frederick
Street;
•
in social terms by providing housing of a quality and type that meets local housing market
aspirations and thereby contributes to the promotion of a sustainable community; and
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•
in environmental terms by delivering a high quality housing scheme with high environmental
standards and landscaping including a linear park and improved pedestrian links.
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4.
BACKGROUND AND CONTEXT
4.1
The redevelopment of the Order Land together with the HCA Land and the Developer Land will
deliver housing development in accordance with the Site-Specific Allocations Development Plan
Document, will also facilitate sustainable development in line with both national and local policy
objectives including the Local Development Framework, and will contribute significantly to
meeting the objectives of the wider Riverside Strategy
4.2
The Scheme site is located within the Trinity South neighbourhood which forms part of the wider
South Shields Riverside area. That wider area comprises some 35 hectares predominantly of
brownfield land and is a key regeneration priority for the Council.
4.3
The Strategy and Policies that have informed the Scheme have developed iteratively from key
strategic objectives through to more detailed allocations.
4.4
In particular the following planning and regeneration policy documents should be noted:
•
South Shields Riverside Strategic Development Framework (May 2007) (as noted above and
referred to herein as “the Riverside Strategy”) identifies five neighbourhood areas as
requiring regeneration through redevelopment: Harton Staithes, Holborn, High Shields,
Windmill Hill and Trinity South. The Order Land is within the Trinity South area.
•
South Tyneside Core Strategy (adopted June 2007) contains a spatial vision with
regeneration at its heart including specifically the need to maintain the vitality of South
Shields as a main centre in the Borough, regeneration of the Riverside and the promotion of
sustainable communities.
•
South Shields Town Centre and Waterfront Area Action Plan (November 2008).
Notwithstanding that this AAP does not include Trinity South it includes the remaining four
areas identified in the Riverside Strategic Development Framework.
•
Supplementary Planning Document 8 – South Shields Riverside Regeneration (August
2009). As with the Town Centre and Waterfront AAP above SPD8 does not include Trinity
South but is contextually significant in terms of the overall riverside regeneration initiative.
•
Site-Specific Allocations Development Plan Document (April 2012) includes detailed site
specific allocations and designations of land in those areas, such as Trinity South, not
already covered by the Council’s adopted Area Action Plans.
4.5
The above documents should be read in conjunction with each other in order to provide the site
specific and broader context for the proposed redevelopment of Trinity South and the need for
compulsory acquisition of the Order Land.
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4.6
Further details of the above key policy documents and milestones are set out below.
South Shields Riverside Regeneration Strategic Development Framework (May 2007) (“the
Riverside Strategy”)
4.7
The Riverside Strategy represents collaborative working by public sector bodies, notably the
Council and ONE. In particular following the approval of the Riverside Strategy in 2007 significant
ONE funding was allocated to the Riverside Strategy Area of which Trinity South was identified as
an intrinsic part.
4.8
The Riverside Strategy was prepared by Studio Egret West on behalf of the Council and ONE to
provide a development framework plan for the Riverside area. The Riverside Strategy recognises
and seeks to address the long term decline in heavy industries which has led to extensive
deprivation in much of the Borough. The Strategy was approved by the Council’s Cabinet on 30
May 2007.
4.9
The Riverside Strategy seeks to take a more sustainable, longer term view of regeneration
balancing the desire for a working waterfront with the aspirations of a growing residential
community. It also seeks to articulate a 20 year vision and regeneration strategy for South
Shields. It identifies an Area of Significant Change set within a wider Study Area. It also
identifies problems of fracture and impermeability within the urban grain and the need to create
coherence and linkages between the Riverside, Rekendyke area and the Town Centre.
4.10
The Riverside Strategy focuses on employment and housing. Five key employment sectors are
identified : tourism, culture and leisure; marine technology; knowledge economy; social
enterprise; and self-build. Five new neighbourhoods integrating existing and new residential
fabric are also identified: “Harton Staithes/Corporation Quay; Holborn (overlooking Middle Docks);
High Shields (original heart of the community); Windmill Hill (overlooking West Docks); and Trinity
South (Circatex/Frederick Street)”. An extract from the Riverside Strategy identifying the above
areas is attached at Appendix E hereto.
4.11
Through the promotion of existing and new employment uses and modern housing the Strategy
seeks to reunite the community of Rekendyke with South Shields Town Centre. Indeed, the
creation of new neighbourhoods is central to the Strategy. Moreover, whilst the over-arching
objective is sustainable, mixed use development it is also acknowledged in the Riverside Strategy
that this must be “tempered by the market priority for living space/housing led regeneration which
could clearly support local services and has the potential to engender a spirit of community”.
4.12
Furthermore, the Riverside Strategy is clear in its assessment of retail provision in Frederick
Street. It notes that “Frederick Street is not working. Very few people go there. If it is to survive
the retail parade needs to have enough people living around it to sustain limited business”. The
Riverside Strategy therefore proposed to redevelop the southern half of Frederick Street and the
Circatex site for residential purposes. In so doing the retained, northern half of Frederick Street
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would benefit by its consolidation towards Laygate and by the critical mass of homes in the
immediate vicinity being increased. It concludes that “we therefore propose to demolish the
southern half of Frederick Street and replace it with residential accommodation”. The Riverside
Strategy considered that Trinity South could provide between 270 and 370 new homes.
4.13
It is acknowledged that the Riverside Strategy is aspirational in some of its detailed proposals for
residential layouts, community space and house types. Nonetheless the thrust of the Riverside
Strategy in proposing residential development for Trinity South is clear.
4.14
Trinity South is identified in the Riverside Strategy as likely to be Phase 2 of the Riverside sites to
be redeveloped. In terms of site assembly it is recognised that whilst the Council and ONE would
seek to secure sites through negotiation with existing landowners and occupiers, that a
compulsory purchase process may be required to fully assemble the comprehensive site (ie the
“area of significant change” within the study area).
Core Strategy (June 2007)
4.15
The Council’s Core Strategy lies at the heart of the Local Development Framework. It sets the
overall direction for the development plan. It was formally adopted by the Council in June 2007
following a statutory consultation process that commenced in August 2005 with a preferred
options draft. The spatial vision of the Core Strategy promotes regeneration of the Borough
specifically in main centres including South Shields and, bringing life back to the Riverside. It also
promotes the creation of sustainable communities where people choose to live, providing good
quality affordable housing in a variety of tenures meeting future needs, and delivering proposals
of sufficient scale to effect a major change in the perception of the Borough and that will have the
greatest impact on the economy, opportunity for new housing, quality of life and cultural facilities.
4.16
This is reflected in spatial strategy policy ST1 which in particular seeks:
A. regeneration of the River Tyne and coastal corridors including the Tyne Gateway at South
Shields;
B. to support development that reflects the scale and functions of the main towns of South
Shields, Jarrow and Hebburn; and
C. to maximise the re-use of previously developed land in built up areas
4.17
Policy ST1 applies “the principles of securing mixed-use development, promoting accessibility,
and ensuring that development maximises the community benefits of regeneration, whilst
avoiding or minimising environmental impacts and congestion and safeguarding natural and
cultural assets”.
4.18
Other relevant Core Strategy policies are ST2 (Sustainable Urban Living), A1 (Improving
Accessibility) and SC1 (Creating Sustainable Urban Areas).
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4.19
In addition Policy SC2 (Reviving Our Town Centres and other Shopping Centres) states that
development proposals for retaining and other uses will be focused and promoted within
themselves including South Shields. The policy expressly acknowledges the need to address the
retail weakness of Frederick Street: “within Frederick Street shopping centre, we will seek to
consolidate retail and commercial premises into a more sustainable, compact and viable core”.
South Shields Town Centre and Waterfront Area Action Plan (November 2008) (“the AAP”)
4.20
The scope of the AAP is derived in large part from the Riverside Strategy. It includes allocations
in respect of four of the neighbourhoods identified in the Riverside Strategy: Harton Staithes,
Holborn, Windmill Hill and High Shields.
4.21
Notwithstanding that the Trinity South area was included in the Riverside Strategy it was not
however included in the AAP. This was for two principal reasons. Firstly, as a matter of timing
the AAP excluding Trinity South had already been in preparation in advance of the production and
approval of the Riverside Strategy. Indeed the AAP preferred options draft and six week public
consultation had already been undertaken in March 2006. To have revisited the AAP to include
Trinity South would therefore have required a further option stage in the process and would
accordingly have set back the production of the AAP.
4.22
Secondly, at that time the position regarding the future of the Circatex factory site was fluid and
uncertain. It had not been determined what potential there was for acquisition of the site by a
public body, whether ONE or the Council, and following acquisition the likelihood of clearance of
the site within an identified timescale.
4.23
Trinity South has always been viewed as an important part of the broader regeneration initiative
both in terms of its relationship to the High Shields neighbourhood as well as the broader
Riverside area, the Rekendyke ward and Town Centre respectively. However, for the above
reasons, in terms of planning policy, it was more appropriate for Trinity South to be allocated in
the Site-Specific Allocation DPD.
4.24
In this way the AAP and Site-Specific Allocations DPD although adopted sequentially were each
prepared in the context of the other and should be read together.
4.25
The AAP includes, at Policy SS1, a strategic vision to “redevelop the riverside as a high quality
new location for urban living, leisure, education and working, restoring the link between local
communities and the river, and attracting highly skilled jobs …” It seeks to promote a more
sustainable, longer term view of regeneration balancing the desire for an active waterfront with
the ambitions of a growing residential community.
4.26
The AAP contains six key objectives; namely to:
1. Improve access to the waterfront for everyone;
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2. Connect the waterfront to the town centre; new neighbourhoods and existing communities;
3. Improve links between the existing fragmented neighbourhoods;
4. Support businesses and promote a mix of employment opportunities;
5. Establish a sustainable living environment through mixed housing tenures and design
innovation;
6. Create a sustainable community through a mix of uses
4.27
The allocation and development of One Trinity Green should be considered in the context of both
the AAP and the Site-Specific Allocations DPD. This site was identified within the AAP. It is
however located immediately adjacent to the Trinity South Site and in terms of spatial planning
and function may properly be regarded as contributing to the mixed use nature of the Trinity
South area.
Supplementary Planning Document 8: South Shields Riverside Regeneration (August 2009)
(“SPD8”)
4.28
SPD8 was produced in support of the adopted Core Strategy Policy ST1 and the adopted AAP. It
sets the policy and design framework for and guides the redevelopment of the South Shields
Riverside Regeneration Area. In addition it was prepared alongside the emerging Site-Specific
Allocations DPD.
4.29
SPD8 focuses on the four neighbourhoods identified in the AAP, setting out development
principles and parameters. Trinity South is not included in SPD8; rather as noted above it is
included in the Site-Specific Allocations DPD.
4.30
Of the four neighbourhood areas included in the AAP and SPD8 High Shields is most immediately
relevant to Trinity South, lying to the north west of the Trinity South area around Laygate.
4.31
Site E within the High Shields area is allocated in SPD8 for commercial uses and borders the
north western corner of Trinity South. As noted above it has subsequently been developed as a
“Green Incubator” technology use, known as One Trinity Green.
Acquisition of Circatex Site by ONE and Outline Planning Permission
4.32
In 2007 ONE purchased the large redundant Circatex electronics factory on a site of 4.37 ha. The
factory buildings were demolished during 2008, after a detailed options appraisal. The acquisition
and redevelopment of the Circatex site forms part of the Riverside Strategy that seeks to unlock
the potential of the Riverside Area as a major area of mixed use development, combining new
employment, residential, riverside leisure and ensuring public accessibility both to and along the
riverside area. The acquisition and redevelopment of the former Circatex site was identified as a
priority project for ONE and a critical component of the wider regeneration strategy for South
Tyneside.
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4.33
The primary objective for Trinity South is its development as a residential site. This has remained
a consistent thread in the redevelopment proposals for Trinity South. It was recognised that the
Circatex site together with the southern half of Frederick Street presented a residential
development opportunity subject to site assembly being achieved. ONE therefore submitted an
outline planning application for residential development across the combined Circatex/Frederick
Street site. Outline planning permission for mixed use development, comprising 401 residential
units, 5,700 sqm commercial floorspace (Use Class B1 and B2) and 400 sqm retail and leisure
floorspace (Use Class A1, A2, A3, A4 and D2 reference ST/0588/09/OUT was granted in
November 2009. The 2009 Outline Permission therefore included permission for commercial
floorspace. The Outline Permission has subsequently been part implemented by the construction
of the “Green Incubator” project known as One Trinity Green as set out below.
4.34
The outline permission contained approval for a maximum of 401 residential units on the site and
as such represented a very high density urban development.
4.35
When the Circatex factory was demolished and site cleared by ONE there was full remediation of
the ground to a standard to enable residential development to proceed.
Development of One Trinity Green
4.36
As noted above Site E within the High Shields area was identified in SPD8 for commercial uses.
The site comprised the car parking area of the former Circatex factory and was in HCA
ownership. The Council successfully secured £2.5m European Regional Development Fund
matched funding and 0.4 hectares of the HCA Land in the High Shields area immediately
adjacent to Trinity South was sold to the Council in order to facilitate its £5.6 m “Green Incubator”
project, now known as One Trinity Green. This facility comprises 2,200 sq m, provides 41 units
(35 offices and 6 industrial/hybrid uses) as well as meeting and conference facilities, and focuses
on green technology more specifically SME/start up businesses in the renewable energy, low
carbon and environmental goods sectors. The building is rated BREEAM “outstanding” having
received the highest interim assessment score in Tyne and Wear.
4.37
One Trinity Green was completed in May 2012. Occupancy levels are ahead of target with 50%
occupancy having been achieved by May 2013. One Trinity Green is a successful component in
the Council and ONE/HCA’s regeneration initiative for South Shields. More particularly, it
represents part of a sustainable mixed use agenda promoting both employment and residential
uses. One Trinity Green indeed has been designed to integrate with housing development on the
former Circatex factory part of the Trinity South site; it has sight lines to the Rekendyke Lane gap
at Frederick Street and pedestrian access facing the proposed housing site.
Site-Specific Allocations Development Plan Document (April 2012) (“Site-Specific Allocations
DPD”)
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4.38
The Site-Specific Allocations document is a development plan document (DPD) that sets out
detailed site-specific allocations and designations of land in those areas that are not covered by
the Council’s adopted Area Action Plans. The allocations in the Site-Specific Allocations DPD
replaced the relevant “saved” policies and proposals in the Council’s Unitary Development Plan.
The Site-Specific Allocations DPD is intended to have a lifespan of around 15 years from the date
of adoption. Its context is provided by, and it should be read in conjunction with, the Core
Strategy.
4.39
The Site-Specific Allocations DPD was adopted by the Council following a statutory consultation
process which commenced in December 2007 and details of which are set out at section 7 below.
4.40
Policy SA1 of the Site-Specific Allocations DPD states that the creation of sustainable
communities in South Tyneside will be promoted by encouraging the development of key sites for
a mix of uses where appropriate. Within the South Shields area Policy SA1 (A) (ii) lists “Trinity
South, Frederick Street (Riverside Regeneration Area) (approximately 8.0 ha)” as being allocated
for a range of uses including A1 (Shops), A2 (Financial and Professional), A3 (Restaurants and
Cafes), A4 (Drinking Establishments), C3 (Dwelling Houses) and D2 (Assembly and Leisure)
uses. Moreover, the DPD specifically recognises that a mixed-use policy allocation does not
necessarily mean that each site must itself contain a mix of uses but rather that a range of
suitable uses has been identified.
4.41
Policy SA1 also requires that all developments should conform to the highest standards of urban
and sustainable design as set out in Core Strategy, Development Management Policies and
Supplementary Planning Documents.
4.42
The sites listed in SA1, including Trinity South, are recognised as key redevelopment sites
offering important development opportunities for mixed use development that will contribute to the
creation of sustainable communities. As noted above appropriate uses may be a combination of
any of those outlined in the policy; subject to justification to show that the proposed range of uses
is appropriate and compatible and when read in context with uses on other sites.
4.43
The Site-Specific Allocations DPD (at paragraph 2.6) notes that the Trinity South site forms part of
the South Shields Riverside Regeneration Area and will be redeveloped in accordance with the
Riverside Strategy. The phasing of development across the Regeneration Area is noted as
potentially being subject to change as it progresses.
4.44
Policy SA5 of the SSA DPD promotes and encourages proposals that broaden the range of
shopping facilities, to improve the vitality and viability of the Borough district and other local
neighbourhood shopping centres. The policy makes specific provision for “consolidating
Frederick Street district shopping centre, South Shields, into a more sustainable core north of
Walpole Street and around Laygate, whilst enabling supporting new retail and commercial leisure
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provision appropriate to the centre’s scale and function in the New George Street area, in
accordance with the South Shields Riverside Regeneration Area”.
4.45
It is also noted in paragraph 5.4 of the SSA DPD that the consolidation and reconfiguration of
Frederick Street district shopping centre is in accordance with Core Strategy Policy SC2 and that
“it will further help to refocus the centre following the recent opening of a new Lidl supermarket on
the Laygate/New Green Street site following demolition of several smaller shops, as well as
reducing the extent of shop vacancies which have had a detrimental impact on the health and
viability of the centre”.
4.46
Accordingly the DPD Proposals Map shows a revised boundary for the Frederick Street District
Centre excluding the southern part of Frederick Street which had previously formed part of the
District Centre in the former Unitary Development Plan.
4.47
Policy SA9 “Living in South Tyneside – New Housing Opportunities” identifies sites as falling
within three timescales: 2004 - 16, 2016 – 2021 and 2021 – 2026.
In the first time period
(“existing commitments and priority schemes”) Trinity South Phase 1 is identified as providing
approximately 140 dwellings.
In the second period (“priority sites”) Trinity South Phase 2 is
identified as providing approximately 237 dwellings.
4.48
The proposed approach taken by the Council was considered by an Independent Inspector in his
Examination into the Site-Specific Allocations Development Plan Document (November 2011). In
the context of sustainable communities, at para 19 of his report, the Inspector notes that “the
consolidation of Frederick Street would seek to arrest the decline in this district centre whilst fitting
in with the regeneration proposals for the Trinity South Neighbourhood of the South Shields
Riverside Regeneration Area”.
4.49
The Inspector also notes at para 40 of this report that “significant progress has already been
made in implementing retail proposals at Westoe Crown Village and Frederick Street.
The
Council has taken a proactive role in the latter area through the preparation of guidance, the
progression of an outline planning application in line with a masterplan and the acquisition of
properties”.
4.50
The DPD process was publicised in accordance with the statutory requirements. In addition to
the above specific comments the Inspector, having identified five main issues upon which the
DPD depended, confirmed the DPD’s soundness and that the allocations were justified, effective
and consistent with national policy. Throughout the DPD process there were no objections to the
consolidation of Frederick Street.
Retail Studies
4.51
The weakness of Frederick Street in retail terms has been recognised for over a decade. Its
proposed consolidation into a more sustainable and viable core is reflected in Core Strategy
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Policy SC2 as noted above. Retail assessment of Frederick Street has included the below
studies.
4.52
Retail studies in the 1980’s and 1990s reported that Frederick Street provided about 6% of the
Borough’s occupied retail space but accounted for only 3% of shopping visits and expenditure.
The proportion of shopping visits and retail expenditure fell to less than 2% by 2001; and further
declined to around 1% by the time of studies in 2007 and 2012. Spending on comparison goods
in Frederick Street was recorded as being negligible in the 2012 Study.
4.53
The 2001 retail capacity study, “Retailing and Shopping Patterns in South Tyneside” was carried
out by the Council and assessed the health and retail capacity of the borough, including the
district centres. The report refers to a period of decline with Frederick Street over the preceeding
decade. The report states that Frederick Street “is currently the subject of regeneration initiatives
examining the potentials for both contracting the centre into a more sustainable core, together
with the construction of a new anchor convenience store for Lidl”.
4.54
In 2007 White Young Green were commissioned by South Tyneside Council to undertake a study
of retail health and retail capacity of the Borough. The study noted that the Frederick Street
District Centre suffered from acute vacancies which are detrimental to the built environment and
the vitality of the centre.
4.55
In 2008 Atisreal submitted a specific appraisal of the retail health of Frederick Street on behalf of
the Council, based upon external inspection of retail premises in December 2007. Atisreal’s
report noted “a stark contrast between the northern and the southern sections of the street with
the visible division being Walpole Street”. Atisreal also identified an oversupply of retail
accommodation within Frederick Street with retailers consolidating their presence towards the
northern section of the street. The southern section was characterised as being “distinctly inferior
with a high void rate and a larger number of properties being in disrepair”. It was acknowledged
that although some properties in the southern section were well maintained, they were
overshadowed by those in poorer repair. Furthermore Atisreal considered that notwithstanding
that some premises had seen some investment it was unlikely that it would be of such significant
magnitude to improve the southern section of the street so as to be an economically viable
parade of shops.In 2012 South Tyneside Council commissioned a further borough-wide retail
study. The South Tyneside Retail, Health and Capacity Study was produced by GVA Grimley Ltd
in October 2012 (“the GVA Study”).
4.56
The GVA Study had a number of terms of reference including: analysis of shopping and leisure
patterns (including convenience, comparison and bulky expenditure patterns); healthcheck of
main centres; assessment of future quantitive capacity and qualitative need; and provision of
strategic advice.
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4.57
Frederick Street is one of six District Centres in the Borough. The GVA Study notes that it is a
“relatively small linear district centre”. A Lidl store performs a main food anchor function
alongside the Heron Frozen Foods outlet. The GVA Study notes that there were 9 convenience
goods stores within the Centre as compared with a total of 29 comparison goods stores. As at
the date of the GVA Study there were 26 vacant units (from a total of 105 units) comprising a total
of 2,704 sq m gross. The main concentration of vacant units is towards the southern end of
Frederick Street beyond Walpole Street.
4.58
The various retail impact studies have identified ongoing acute levels of vacancy within Frederick
Street, specifically its southern half. Current vacancy rates for the southern half of Frederick
Street remain at an acute level. It should also be noted that the opening of the Lidl store in 2007
at the northern end of the Frederick Street District Shopping Centre was facilitated by the Council
which used its position as freeholder to assemble a site suitable for a Lidl store. In that way the
Council has actively sought to promote the ongoing vitality and viability of the Centre.
Detailed Planning Permission
4.59
A detailed planning application was submitted on 23 January 2013 and planning permission for
the Scheme was granted on 29 April 2013. Further details are set out at Section 5 below.
Riverside Regeneration
4.60
Trinity South should be considered in the context of the broader Riverside Regeneration
programme. The position regarding regeneration of the other four neighbourhoods identified in
the Riverside Strategy is set out below.
4.61
At Harton Quays (previously called Harton Staithes) a new build office scheme known as One
Harton Quay completed in September 2011. The total build cost was £10.5 million. It is occupied
by British Telecom’s national headquarters for public sector services. Work is also progressing
with the regeneration of Harton Quays Park. The project has been designed by Grant Associates
and construction has been undertaken by Balfour Beatty. Completion is expected to occur in
September 2013. There are a further three sites within the Harton Quays area identified for
redevelopment including a potential hotel site adjacent to One Harton Quay.
4.62
At Holborn land and property acquisitions are largely complete. Most of the site has already been
cleared with the final demolition work expected to be undertaken in 2013.
4.63
At High Shields, the One Trinity Green site – immediately adjacent to Trinity South – has been
developed with its orientation promoting linkage towards Trinity South rather than northwards
towards the High Shields area itself.
4.64
At Windmill Hill the Commercial Hotel public house and former Autos garage sites have been
acquired and the sites cleared.
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4.65
As is set out in the Riverside Strategy the regeneration framework covers a 20 year period.
Harton Quays and Trinity South are identified in the Riverside Strategy as comprising Phase 1 for
the purposes of delivery. Significant progress has already been made, in particular at Harton
Quays. The development of Trinity South is perceived by the Council as a key next stage in the
overall regeneration programme. It is considered especially important to ensure that a major
residential component of the Riverside Strategy is implemented. In addition there is also ongoing
work to redevelop and regenerate South Shields Town Centre (which falls outside the auspices of
the Riverside Strategy). Further development at Harton Quays is proposed albeit that the precise
timing is subject to market conditions. Thereafter the intended focus of redevelopment will be
Holborn and High Shields.
4.66
The acquisition of the Order Land and the redevelopment of Trinity South thus falls within a
planning policy framework which seeks to:
•
Promote regeneration via housing and employment uses within the wider Riverside Strategy
•
Develop high quality housing contributing to the formation of a sustainable community and a
new neighbourhood
•
Promote sustainable development with accompanying environmental benefits
•
Promote improved linkages and permeability – both between Riverside and Town Centre and
between neighbourhoods
•
Consolidate and enhance the viability of the Frederick Street District Centre.
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5.
PROPOSALS FOR REDEVELOPMENT OF THE LAND
5.1
The Developer submitted its detailed planning application for the Scheme on 23 January 2013
and it was validated by the Council on 28 January 2013. The consultation process commenced
on 29 January 2013. A detailed report was presented to and considered by the Council’s
Planning Committee on 29 April 2013 at which time the Committee resolved to grant planning
permission subject to conditions. Planning permission known under reference ST/0081/13/FUL
and dated 29 April 2013 has been granted for the construction of 222 new dwellings and
associated infrastructure, landscaping and boundary treatments, together with new and revised
public car parking facilities and car parking for the Trinity Medical Centre and St George’s Medical
Centre and a proposed new bus lay-by (on Western Approach) on land bordered by Laygate,
Eldon Street, Reed Street, Western Approach and including the southern section of Frederick
Street and part of New George Street, South Shields (“the Scheme”).
5.2
As noted above at section 2 the Scheme site includes the former Circatex factory (now an area of
open grassed land) together with the southern half of Frederick Street. The Eureka Public House
and mid-terraced properties numbers 97-103 on Frederick Street have already been demolished.
In addition the Scheme site also includes the St George and Trinity Medical Centre car parks and
New George Street public car park. Residential development and associated parking/landscaping
are proposed on the existing medical centre car parks. Car parking spaces will be provided to the
west and north of the medical centres with associated reconfiguration of car parking within the
public car park.
5.3
The Scheme will provide 222 residential units, consisting of 7 dwelling types and 2 apartment
types, providing a mix of 198 2,3 and 4 bedroom terraced and semi-detached houses and 24 2
bedroom apartments.
5.4
Substantial highway works are proposed to facilitate the Scheme and link it to the existing
highway network, including the creation of a one-way system to the rear of Frederick Street.
Changes to the rear of Frederick Street, backing onto New George Street, and its rear servicing
lane are also proposed. The existing bus route utilising New George Street would be redirected
and a new bus lay-by is proposed within Western Approach.
5.5
Landscaping within the site, including a “linear park” comprising hard and soft landscaping and
street furniture including gateway features will be developed. A play area with a marine/beach
theme will be provided at the end of the retained northern section of Frederick Street. Further
“informal” play opportunities will be provided with the linear park.
5.6
The Scheme is in a sustainable and accessible location.
5.7
Section 106 planning obligations were previously attached to the outline planning permission
granted in 2009 and were triggered by the development of One Trinity Green. Financial
contributions in relation to strategic transport improvements and playing pitches have therefore
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already been made. Children’s play provision requirements and the provision of open space are
to be met on site. Additionally the New Shore Park (required by means of the previous planning
obligation) is under construction at Harton Quay.
5.8
The requirement for affordable housing is to be controlled via the Development Agreement
between the Council, HCA and the Developer: the Council is to acquire 20 properties for rent, to
be managed by South Tyneside Homes.
5.9
The location of the affordable units has been detailed on a submitted plan. The type, range of
property sizes (including 2, 3 and 4 bed houses) and location of the units are evenly distributed
across the site and located amongst the houses for private sale. The affordable houses will
reflect a similar external design to the private dwellings and as such will not be identifiable as
affordable houses from their external appearance.
5.10
The Developer submitted a Sustainability Statement demonstrating that the Scheme will meet all
the requirements of Buildings for Life principles, Secured by Design, Lifetime Homes and Code
for Sustainable Homes Level 3. This represents a minimum 25% improvement over Target
Emission Rates as determined in the 2006 Building Regulation Standards.
5.11
The highway works associated with the Scheme will include road closures, stopping up of the
highway, new traffic regulation orders (TRO), relocated pedestrian footpaths, bus route
diversions, provision of a new bus layby and the creation of a one way system to the rear of
Frederick Street, in addition to the creation of new highways and access to and within the
Scheme site. To the rear of Frederick Street (west side), a one way system from Laygate
southwards will be introduced. Public car parking bays and a servicing bay will be located within
the rear lane ensuring the continued provision of public car parking and a designated
loading/unloading space for properties within Frederick Street. A delineated 2m wide strip to the
rear boundary of properties within Frederick Street is also proposed to ensure the continued
provision of space for the storage of returnable refuse containers. Designing the rear lane as a
one way system ensures that the competing requirements for access, parking refuse storage and
servicing are addressed and that the landscape mound/linear park, which acts as a buffer
between the rear lane, the rear elevations of properties within Frederick Street and the proposed
new dwellings is not compromised. A TRO including the provision of lit signage will be introduced
along the rear lane.
5.12
Car parking for the proposed residential dwellings would be provided by private driveways,
allocated parking bays and garages. The majority of dwellings have two private parking spaces.
Visitor parking spaces are also provided within the site, including bays along Eldon Street.
5.13
Revised car parking proposals for the Medical Centre will be introduced. Car parking will be
provided to the west and north of the existing buildings. To facilitate these changes the adjacent
public car park will also be reconfigured, changing the access/exit point into the car park and the
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orientation of parking spaces. The proposals will not result in any loss of public car parking
spaces; 78 no. spaces will be retained ensuring the continued provision of a public car park
serving the Frederick Street District Centre and other services/facilities and users within the
immediate area. The Scheme will also provide designated parking for the Medical Centre’s
respective practices. Planning permission has been previously granted for an extension to the
Medical Centre, which has been part implemented and remains a valid permission. The Scheme
has been designed to enable the Medical Centre to be extended in the future if required.
5.14
Further public car parking will also be provided in association with the one way system rear lane
to the west of Frederick Street. The existing rear lane/parking area to the rear of Frederick Street
provides public car parking. However this is ad-hoc, with limited bays being formally marked out
and the surface is in poor condition. The new arrangement would formally mark out and allocate
22 car parking bays to the rear of Frederick Street with a further 8 parking bays towards the
junction with Laygate.
5.15
At present a bus route currently runs from Reed Street northwards up New George Street.
Because of the proposed changes to the highway and the development of residential apartments,
this bus route will need to be diverted and a new bus layby will therefore be provided on the
Western Approach to serve the bus route. The location of this layby is in close proximity to the
pedestrian link adjacent to the medical centres ensuring it is accessible from the development site
and the existing surrounding residential and commercial properties.
5.16
The development will effect the consolidation of the Frederick Street District Centre which
currently suffers from poor environmental quality (particularly at the southern end) with a high
proportion of vacancies. Consolidation of the District Centre will focus the remaining retail and
service provision within the northern half of Frederick Street.
5.17
Core Strategy Policy SC2 and Site Specific Allocations DPD Policy SA5 seek to consolidate the
Frederick Street District Shopping Centre. These proposals therefore accord with the approach of
consolidating the shopping centre.
5.18
Furthermore it is considered that the Scheme will enhance the economic role of the consolidated
retail core of Frederick Street not only through increasing the population who will use the local
services but by retaining the existing amount of public car parking within New George Street,
providing public car parking to the rear (west) of Frederick Street, providing servicing to the rear of
properties within Frederick Street and maintaining pedestrian routes into the site from the
surrounding residential areas, for example the relocated pedestrian link in-between Western
Approach and New George Street.
5.19
Due to the scale and nature of the Scheme, which will include road closures and an acquisitions
process involving Compulsory Purchase, the Scheme will be carried out in phases. The Phases
of the Scheme are shown on the plan at Appendix C. Phase 1 of the development comprising 42
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dwellings (including 7 affordable units) will be located to the south west corner of the site at the
junction of Eldon Street and Reed Street, extending northwards along Eldon Street. Development
of Phase 1 has commenced and is ongoing. Phase 2 of the development comprises 94
dwellings; Phase 3 comprises 50 dwellings (including 7 affordable units); and Phase 4 comprises
36 dwellings (including 6 affordable units).
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6.
DELIVERY
6.1
The Council and ONE worked together firstly to establish the policy objectives for the Riverside
Strategy and secondly to begin the process of putting in place mechanisms for its delivery. The
Riverside Regeneration programme was overseen by a Project Board comprising nominees of the
council and ONE. As it became apparent that ONE, along with all other RDAs, would be
abolished it was decided, in order to maintain momentum with the Riverside and Trinity South in
particular, that procurement of a developer partner for Trinity South should be led by the Council
working with the HCA. It should be noted that, notwithstanding that the Project Board
membership reflected the lead roles of the Council and ONE respectively, the HCA was already a
member of the Board in its own right.
6.2
Subsequently the Council commenced a developer selection process on behalf of both itself and
the HCA by means of the OJEU competitive dialogue route. Following a detailed, multi-stage
procurement process Keepmoat Homes Ltd was selected by the Council and the HCA as the
preferred developer.
6.3
Through the competitive dialogue process the detailed proposals for the Scheme were refined.
Initial proposals included care home and retail facilities. Thereafter revised plans included the
addition of an apartment block. The final proposals, which comprise the Scheme and for which
planning approval has been obtained as set out above at Section 5, comprise housing
redevelopment that incorporates an additional area of land adjacent to the Medical Centres and in
the control of the Developer as well as the retention of the apartment block in order to enhance
the viability of the Scheme.
6.4
A Development Agreement was entered into on 28 March 2013 between the Council, HCA and
the Developer to secure the delivery of the Scheme.
6.5
The Agreement provides that the Developer will develop the site at its own cost in four phases as
indicated on the plan attached at Appendix C . Phase 1 is the south west corner of the site.
Phases 2 and 3 contains the Order Land. Acquisition of the Order Land and confirmation of the
associated Stopping Up Order is therefore necessary in order to develop Phases 2 and 3. In
order to ensure continuity of delivery and in particular to ensure that the prominent frontage
contained within Phase 2 is developed next it is necessary for the site to be assembled by means
of compulsory purchase.
6.6
The interests in the Order Land which are to be acquired for the purposes of delivery Phase 3 are
interests in highway and car parking land not otherwise in the ownership of the Council. These
interests are required to be acquired in case any private highway or other interests are found to
exist thereby frustrating or compromising the delivery of the Scheme.
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6.7
The Development Agreement also contains agreed specifications and standards which the
Developer must achieve when implementing the Schemes. In this way it is ensured that the
Scheme will be of a high quality.
6.8
The Development Agreement identifies the anticipated likely cost of acquisition of third party
interests (ie statutory compensation and loss payments) and related CPO costs. In the event that
the compensation and other CPO costs were to be exceeded the Agreement provides for the
allocation of additional monies and/or, at the discretion of the Council, further contribution from
the Council. In order to demonstrate that the resources are in place to complete the acquisition of
the Order Land the Council acting through its Cabinet on 3 November 2010 resolved to fund a
shortfall in the event that the compensation and other CPO costs figure in the Development
Agreement were to be exceeded.
6.9
Given the identified need for regeneration of the area the Agreement establishes a timetable for
carrying out the implementation of the Scheme. In order to meet the requisite timetable and in the
interests of effecting timely redevelopment and regeneration the Developer has commenced
implementation of Phase 1 of the Scheme. The obligations in the Agreement on the Developer to
implement Phase 2 are conditional upon the confirmation of the Order (or the acquisition of land
by private treaty) and securing the necessary stopping up of highways.
6.10
It is therefore demonstrated that: planning permission has been granted for the development
comprising the Scheme; funding has been secured to enable implementation of the Order if
confirmed; and that an agreement is in place to effect implementation of the proposals.
Consequently, if the Order is confirmed the Council is confident that there will be no impediments
to implementations and that the Scheme can be delivered within a reasonable timescale.
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7.
CONSULTATION
7.1
The Council has undertaken a series of consultation exercises both in respect of regeneration and
planning policies from the Riverside regeneration initiative through to the Site-Specific Allocations
DPD. In turn the Developer has carried out consultation in respect of the specific scheme
proposals and there has been statutory consultation on the planning application. There has thus
been extensive consultation over a number of years both in respect of the policies and principles
underpinning the Scheme through to detailed proposals.
7.2
In September 2006, the Council and ONE appointed a consultant team lead by Studio Egret West
to prepare the Riverside Strategy. At the outset of the project numerous stakeholder workshops
were held with key members from in and around the study area, including both public and private
sector representatives.
7.3
More specifically, in February 2007, twenty developers representing local, regional and national
interests were invited to attend a workshop. The workshop included a tour of the waterfront and
an introduction to the initial ideas and principles of the regeneration strategy and emerging
development proposals for the riverside area. There was a broad consensus on the principles of
opening up the riverfront and physically linking to the high street and hinterland and also in favour
of a Scheme that did not only provide one type of residence, such as single apartments, and
instead contained a broader range of dwelling types. In February 2007 the local community was
invited to view the initial ideas and plans for the Riverside area. An exhibition was held including
many large format boards and a 2 by 3 metre model explaining the framework plan. Attendees
were informed on the background and details of the strategy and asked to share their thoughts
and concerns. Over 120 people attended the workshop, which included a bus ride around the site
in a double decker bus and a shuttle service to and from the neighbouring Rekendyke. Attendees
were asked to imagine activities and place them on the corresponding space in the model. These
activities included entrepreneurial and community uses for the New Shore Park. There was
positive support for the vision and details of the proposals.
7.4
Subsequently as the policy documents referred to in this Statement were prepared there was an
interactive series of public consultations and engagements. These are reflected in the Council’s
Statement of Community Involvement which sets out the Council’s detailed approach to involve
local people in the production of LDF documents. For example, exhibitions were held at two
different stages to present Preferred Options and Submission Drafts of the Core Strategy and
views were invited. The later Submission Draft was submitted to Government who appointed a
Planning Inspector to conduct an independent examination in order to consider whether the Core
Strategy is a “sound” document and address concerns raised during consultation at the
Submission Draft stage. This resulted in a need to publish and consult on two sets of
modifications in October and November 2006. Any objections that were not resolved by these
further changes were a focus for discussions held between the Council, objectors and the
Inspector.
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7.5
Subsequently the preparation of the South Shields Town Centre and Waterfront AAP was
informed by ongoing consultation with the local community and stakeholders, including following
the Regulation 25, 26 and 28 public involvement exercises, that is, preceding preliminary
consultation the publication of the AAP and formal consultation on it, as a development plan
document.
7.6
Similarly in May 2009 the formal public consultation was undertaken on draft SPD 8 in
accordance with the relevant Regulations.
7.7
Consultation both preceded and accompanied the Outline Planning Application submitted in 2009.
Pre-application consultation involved a drop-in public exhibition held over 3 days in February
2009. The exhibition was advertised by a leaflet drop covering over two thousand properties
together with poster and press advertising. Individual invitations were also sent to Statutory
consultees and Residents Groups. Some seventy or so people attended of whom around half
completed feedback comments forms.
7.8
Following submission of the Outline Planning Application, consultation comprised press and site
notices and consultation letters to over 700 neighbouring properties. Four letters of
representation were received together with one petition. The lead petitioner requested to speak
at the Planning Committee meeting.
7.9
Preparation of the Site-Specific Allocation DPD has also been informed by ongoing consultation
with the local community and stakeholders, through the public consultation and involvement
exercises required by Regulations for the production of DPDs.
7.10
For example, in June 2006 a Site-Specific Allocations Issues and Options consultation was
carried out inviting potential sites to be put forward for consideration.
7.11
Thereafter, consultation on the first preferred options draft took place in December 2007, followed
by a revised consultation draft (June 2010) and publication draft (January 2011) versions of the
Site-Specific Allocations document. In addition there were various key stakeholder workshop
events.
7.12
In addition, in advance of submission of the detailed planning application the Developer carried
out public consultation with residents and the local community. A public consultation event was
held in January 2013 during which the applicant provided details of the proposals, discussed
issues with attendees. Attendees also provided feedback via a written questionnaire. A summary
of the responses was submitted with the planning application in the form of a detailed Community
Engagement Statement. There was support for the provision of mixed tenure, family housing.
7.13
In addition to consultation in respect of emerging policy and the respective planning applications
the Council has written to local residents and businesses updating them as to the progress with
regeneration proposals. For example, in May 2011 residents and businesses were informed by
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letter of the commencement of acquisitions in the southern half of Frederick Street and the
development of the Green Incubator facility.
7.14
Subsequently when the Developer submitted the detailed planning application a statutory
publicity exercise was carried out. This engendered a small number of responses which were
reported to Committee.
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8.
ACQUISITION BY AGREEMENT
8.1
Wherever practicable the Council has sought to acquire properties by agreement. On 3
November 2010 the Council’s Cabinet considered a detailed report regarding acquisition of
properties. Members were advised of the position regarding the acquisition of properties in the
Trinity South area. It was resolved to use those financial resources identified in the report to
progress acquisition by agreement.
8.2
Subsequently the Council’s Estates Team and more recently Sanderson Weatherall LLP on
behalf of the Council have sought to negotiate acquisition by agreement with landowners.
8.3
At the time of preparation of this Statement of Reasons the Council has acquired interests in
approximately a third of the plots in the Order Land. It continues to seek to acquire interests by
agreement and a number of other interests are at an agreed sale stage. Updated details of the
position regarding acquisition will be provided in due course.
8.4
The Council is actively seeking to assist both residents and businesses directly affected by the
scheme.
8.5
Assistance in respect of rehousing needs is being provided to residents who may be required to
move as a result of the scheme proposals. The Council’s Programme Delivery Team will provide
assistance with relevant housing information and application forms. Home visits will be available.
Moreover, as the Order Land is within an area identified for regeneration and more specifically for
redevelopment, residents who meet the Council’s Housing Allocations Policy will be afforded
priority Band 1 status for housing. This will allow residents to apply through the bidding process
for available properties when advertised. Alternatively, residents are able to apply for housing
through other Registered Providers or private sector landlords.
8.6
South Tyneside Homes is the Council’s ‘Arms Length Management Organisation’ (ALMO),
responsible for maintaining the Borough’s housing stock, as well as assisting residents into
appropriate housing in the social (both Council and Registered Social Landlord) and private
sectors through the ‘Homefinder’ service. The ALMO office is open to the public Monday to
Friday in South Shields Market Place, which is a 15 minute walk from Frederick Street. Housing
Officers are also able to provide ongoing support to Council tenants should their needs change
over time. Full details of the Homefinder service can be found at:
http://www.southtynesidehomes.org.uk/article/9837.
8.7
In addition the Council’s Economic Growth Team is available to assist with locating available retail
and office property in the Borough. The Team is in regular contact with some 30 or so property
agents active in the Borough and can assist in arranging property viewings. Contact details for
the Team are: Richard Fishwick, Senior Economic Development Officer, Level 4, Town Hall,
Town Hall and Civic Offices, Westoe Road, South Shields NE33 2RL, telephone 0191 424 6262,
Email [email protected]. There is also an interactive property search
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function on the council’s website with links to the Economic Growth Team:
http://www.southtyneside.info/article/169/Business.
8.8
The Council continues to seek to acquire land by agreement wherever possible and will continue
to do so notwithstanding that the Order has been made. Sanderson Weatherall has provided
marketing particulars to the claimants agents of potentially suitable alternative accommodation
which may be suitable for the claimants to relocate to. Liz McLoughlin at Sanderson Weatherall
LLP, 22-24 Grey Street, Newcastle upon Tyne NE1 6AD (telephone 0191 2690129) is the contact
for any persons wishing to sell their interests in the land or to discuss the possibility of relocating
to other premises.
9.
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10. THE CASE FOR COMPULSORY PURCHASE
10.1
The Order Land comprises part of the Trinity South neighbourhood area of South Shields and
more particularly is required in order to facilitate Phases 2 and 3 of the Scheme. A detailed
description of the Order Land and its location is set out in Section 2 of this Statement.
10.2
The Rekendyke area has witnessed a decline in economic health and in its social and built fabric
over a number of decades. Historically the Rekendyke community was employed in ship building
and other heavy industry on or near to the River Tyne. More recently the Circatex factory
employed nearly 700 people until its closure some six or so years ago. The Rekendyke area
demonstrates many characteristics of deprivation including long term unemployment, high levels
of benefits claims significantly above both local and national levels, below average levels of home
ownership, and health and education issues. Frederick Street has functioned as the local
shopping street but it has been in decline for many years. In particular its southern half
experiences high void and vacancy rates, whereas there has to a degree been recent retail
investment north of Frederick Street in the form of Lidl. In addition, many of the retail units and
flats above in Frederick Street are in a relatively poor condition. The boundary of the Frederick
Street District Centre was revised in the Site Specific Allocations DPD to exclude the southern
part of Frederick Street, reflecting its failing functionality.
10.3
The Order Land comprises a number of discrete ownerships which are required in order to
achieve the proposed comprehensive residential redevelopment by means of the implementation
of the Scheme. Ownership of the land by the Council is necessary to enable Phases 2 and 3 of
the Scheme to proceed.
10.4
Notwithstanding that a Compulsory Purchase Order has been made for the reasons set out in this
Statement the Council will seek to acquire land by agreement wherever possible and has held
discussions with landowners to keep them informed of its proposals. Contact details are set out
in section 8 above.
10.5
The Scheme is in a sustainable and accessible location and meets the objectives both of the
Core Strategy and Site Specific Allocations DPD and the overarching Riverside Strategy, and in
so doing, addresses long standing weaknesses in land use and urban form in this part of South
Shields.
10.6
The promotion of sustainable development and the regeneration of the Riverside area are both
identified in policy as key objectives. The residential redevelopment of the Trinity South site
meets those objectives and also forms an important link between the Town Centre and Riverside
areas respectively.
10.7
The Riverside Strategy represents joint working by the Council and ONE. It recognised the long
term decline in heavy industries leading to deprivation in much of the Borough. In South Shields it
identified particular problems of fracture and impermeability within the urban grain. The Riverside
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Strategy noted that “firstly there is a lack of direction to the urban form. Routes are severed and
the pattern of urban form is confusing leaving numerous dead ends and redundant spaces.
Secondly, there is no coherence to the area. Rekendyke now comprises a patchwork of
traditional terraced homes; now “cul-de-sac” detached and semi-detached homes and hinterland
employment. At best it is a messy collage of “character areas”. Fourthly, there are numerous
patches of left over space that have either been taken as precious “green space” or forgotten
about. They are a strain to the community purse”.
10.8
Through the identification of five key employment sectors and five new neighbourhoods the
Riverside Strategy seeks to integrate existing housing and new residential development thereby
promote sustainable communities. Trinity South was specifically identified as an area whose
redevelopment, principally for residential uses, would provide a key link between Riverside, the
Rekendyke area and the Town Centre. Within the over-arching objective of sustainable, mixed
use development Trinity South was identified as appropriate for housing-led regeneration.
10.9
Following on from the overarching objectives provided by the Riverside Strategy, the Site-Specific
Allocations DPD identified Trinity South as a key redevelopment site for the creation of
sustainable communities. It allocated the site for a mix of uses whilst at the same time
recognising that appropriate uses may be a combination of any of those uses outlined in the
policy. As reflected in the Council’s planning appraisal of the Scheme in its Planning Committee
report the proposed residential element of the Scheme when considered together with the
development of car parking provisions, the consolidation of Frederick Street and the previous
provision of One Trinity Green creates a mix of uses consistent with the promotion of sustainable
development.
10.10 The Site-Specific Allocations DPD also reiterates the conclusion that the Frederick Street District
Centre has long-standing, structural weaknesses and requires intervention in order to consolidate
it into a more sustainable core north of Walpole Street and around Laygate.
10.11 Furthermore, it has also been recognised that Frederick Street District Centre “is not working” as
noted in the Riverside Strategy. Frederick Street requires both consolidation and also increased
adjacent local housing provision to bolster the immediate catchment. The southern half of
Frederick Street has in particular been identified as weak. Moreover, its existing buildings are
unattractive and of poor quality. There are significant voids.
10.12 The 2001 retail capacity study, “Retailing and Shopping Patterns In South Tyneside’ assessed the
health and retail capacity of the borough, including the district centres. The report refers to a
period of decline with Frederick Street over the past decade-or-so. The report states that
Frederick Street “is currently the subject of regeneration initiatives examining the potentials for
both contracting the centre into a more sustainable core, together with the construction of a new
anchor convenience store for Lidl.” In 2007 the White Young Green Study noted that the district
centre suffers from acute vacancies which are detrimental to the built environment and the vitality
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of the centre. In 2012 the South Tyneside Retail, Health and Capacity Study produced by GVA
Grimley Ltd identified 26 vacant units within the district centre (from a total of 105 units). The
study noted that the main concentration of vacant units was towards the southern end of
Frederick Street beyond Walpole Street.
10.13 There is a marked contrast between the various parts of the Frederick Street District Centre. The
northern section has a substantial number of properties occupied and trading. In contrast the
southern section is in generally poorer condition with historically high vacancy levels. As a result,
as noted at Section 4 of this Statement, the Site-Specific Allocations DPD re-drew the District
Centre boundary to exclude the southern half of the street.
10.14 The northern most section (between Laygate and Havelock Street) contains a number of national
operators as well as local independents. The northern section of Frederick Street (between
Havelock Street and Walpole Street) is more mixed in terms of occupancies, vacancies and
condition. Occupiers are generally local and independent in nature. The majority of premises are
general retail use although there are some alternative uses such as hot food takeaway, gym and
amusement arcade.
10.15 The southern end of Frederick Street (between Walpole Street and Reed Street) is of poorer
condition than those retail areas still comprised in the defined District Centre. A larger number of
properties are in a state of disrepair (although it is recognised that there are some properties in
reasonable condition). There are also substantially more vacancies in the southern part of the
street.
10.16 Reasons for the decline of the southern part of Frederick Street include both changes in shopping
patterns at national, regional and local levels together with factors specific to South Shields such
as the provision of retail accommodation elsewhere in the town, residential migration, the closure
of major employers in the immediate area (most recently and obviously Circatex) and changes in
terms of accessibility following changes to the highway network.
10.17 It is recognised that there has been some investment in some properties in recent times but it is
not considered that this private investment will be sufficient to improve the southern part of the
street so as to engender viability let alone vibrancy.
10.18 Moreover there is an oversupply of retail floorspace within the Frederick Street such that following
the redrawing of the District Centre boundary, the contraction and consolidation of the District
Centre by means of the development of the Scheme are necessary and justified in the interests of
its continued vitality and viability. The clearance and redevelopment of the southern section of
the street is necessary to protect the viability of the District Centre as a whole and the
neighbourhood in general. The Scheme will create a new residential area that will provide an
additional market for the consolidated District Centre. The concentration of the retailing core into
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one section, including relocation of occupiers from the southern section, will in turn contribute to a
more sustainable community.
10.19 The Scheme will have a significant beneficial effect by providing a substantial number of new
homes of a variety of types and tenure in accordance with national and local level policy.
10.20 It is necessary to acquire the Order Land in order to deliver Phases 2 and 3 of the Scheme.
10.21 In respect of Phase 2, the majority of interests in the Order Land fall within and are needed for the
delivery of Phase 2. The interests in the Order Land which are to be acquired for the purposes of
delivery Phase 3 are interests in highway and car parking land not otherwise in the ownership of
the Council. These interests are required to be acquired in case any private highway or other
interests are found to exist thereby frustrating or compromising the delivery of the Scheme.
10.22 These phases are key parts of the Scheme and are necessary in order to deliver comprehensive
development of the Trinity South neighbourhood site as envisaged in both adopted planning
policy, notably the Site-Specific Allocations DPD, and approved regeneration policy, notably the
Riverside Strategy.
10.23 All phases are required in order to deliver the entirety of the Scheme and thereby deliver the
overall benefits of the whole Scheme in: delivering new housing; promoting a sustainable
community in the Rekendyke area; improving connectivity between the Riverside and its
hinterland; and facilitating the consolidation of Frederick Street into a more compact and viable
core retail area.
10.24 The layout of Phase 2 will in particular perform a “gateway” function providing a focal point for
linkage from Western Approach towards the wider Riverside area. In that way it will contribute
significantly to a positive transformation of the area’s image and to the achievement of the
broader Riverside regeneration programme.
10.25 In assessing design and viability factors relevant to the scheme the Developer identified visibility
from and relationship to the A194 Western Approach as a key consideration. The Developer
considered it desirable to provide a landmark building in the prominent location at the head of the
Scheme Site adjacent to Western Approach. Development of that corner site together with Phase
2 makes a clear statement about the regeneration of Trinity South and its frontage position
substantially enhances the profile of the Scheme.
10.26 The corner site currently comprises a car park owned jointly by two medical practices, St
George’s and Trinity practices respectively, who both operate from the Medical Centre on New
George Street. The Developer has entered into contractual arrangements with both medical
practices to acquire the car park land. Moreover there will be benefits to both practices from
rationalisation of car parking arrangements and relocation to the front of their respective
premises.
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10.27 At present the Medical Practices house the following registered numbers of patients: Trinity –
6,200; St George’s – 3,800. The established presence of the Medical Centres on New George
Street is wholly consistent with housing provision at Trinity South and together contributes
significantly to the sustainability of the community in Rekendyke ward. Both medical practices are
supportive of the Scheme as is the NHS South of Tyne and Wear Primary Care Trust.
10.28 The Council and its partners the HCA, and formerly ONE, have therefore recognised the need for
intervention in order to achieve the objectives of sustainable development, District Centre
consolidation and Riverside regeneration. The first steps were taken by the acquisition by ONE of
the former Circatex factory. Subsequently the public sector bodies have brought forward the
development of One Trinity Green. The compulsory acquisition of the Order Land and delivery of
the Scheme at Trinity South with the Council’s private sector partner represents the next key step
in the process of renewal through sustainable development.
10.29 The overall Scheme proposals have therefore been formulated to address these social, economic
and environmental issues. The delivery of Phases 2 and 3 will contribute to the achievement of
the overall below objectives.
•
The provision of modern and high quality housing development will meet to aspirations and
needs of residents.
•
It will contribute to a sustainable community in the Rekendyke area.
•
The development will bring about environmental improvement including through the
demolition of poor quality buildings in the southern part of Frederick Street.
•
The demolition of the southern part of Frederick Street addresses long-standing weakness by
bringing about both consolidation of the District Centre and an enhanced immediate
catchment area.
•
It will address the fractured and impermeable nature of the urban grain creating crucial
linkages through Rekendyke between the Riverside and Town Centre.
•
Redevelopment of Trinity South as one of the five neighbourhoods identified in the Riverside
Strategy, will contribute to the regeneration of the wider Riverside area.
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11. SPECIAL CONSIDERATIONS/VIEWS OF GOVERNMENT DEPARTMENTS
11.1
There are no special considerations in this instance.
11.2
No views relating to the Order have been expressed by Government departments.
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12. RELATED ORDERS
12.1
An application for a Stopping Up Order will be made to the Secretary of State pursuant to s247
Town and Country Planning Act 1990 on the basis that stopping up will be required to enable
development for which planning permission has been granted to proceed. Such application can
only be formally made once planning permission has been granted. In the event that an
application under s247 is submitted within a timeframe concurrent with the Order process then so
far as practicable it would be intended that any unresolved objections to the stopping up proposal
will also be dealt with at the same time as any Inquiry to be held in respect of the Order.
12.2
The proposed Stopping Up will not adversely affect properties outside the Order Land. The
Scheme contains detailed highways measures which will ensure the internal functionality of the
Scheme and its integration with the adjoining highway network. This will include the introduction
of a one-way system to the rear of Frederick Street.
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13. HUMAN RIGHTS
13.1
The European Convention on Human Rights (“the Convention”) was incorporated into domestic
law in England and Wales by the Human Rights Act 1998 (“the 1998 Act”). The 1998 Act
prevents public authorities from acting in a way which is incompatible with rights protected by the
Convention.
13.2
Of particular relevance to the compulsory purchase process are Articles 6 and 8 of the
Convention regarding entitlement to a fair and public hearing by an independent and impartial
tribunal and respect for privacy and family life respectively and Article 1 of the First Protocol which
concerns the protection of property.
13.3
Circular 06/04 advises that “a compulsory purchase order should only be made where there is a
compelling case in the public interest. An acquiring authority should be sure that the purposes for
which it is making a compulsory purchase order sufficiently justify interfering with the human
rights of those with an interest in the land affected. Regard should be had, in particular, to the
provisions of Article 1 of the First Protocol to the European Convention on Human Rights, and in
the case of a dwelling, Article 8 of the Convention”.
13.4
As regards Article 6 rights the Scheme has been publicised and consultation has taken place with
parties potentially affected by the Order. All those parties whose interests are identified and
included in the Order will be notified and have the right to make objections or other
representations to the Secretary of State for Communities and Local Government and to be heard
at a public inquiry or by means of written representations. The statutory process and right for
affected parties to pursue remedies in the High Court where appropriate, are compliant with
Article 6.
13.5
Both Article 8 and Article 1 of the First Protocol rights are qualified rights and may therefore be
overridden where it is considered that the interference with these rights are proportionate and that
the interference is necessary in the interests of, amongst other things, national economic wellbeing.
13.6
The European Court of Human Rights has recognised in the context of Article 1 of the First
Protocol that “regard must be had to the fair balance that has to be struck between the competing
interests of the individual and of the community as a whole”, and both public and private interests
have been taken into account in the exercise of the authority’s powers and duties as a local
authority. The Council considers that the Order constitutes a fair balance between the public
benefits accruing from the acquisition and implementation of the Scheme and the private rights
affected by the Order.
13.7
It is acknowledged that the Order if confirmed will result in the taking of property. However, this
will be in accordance with a statutory process which was held to be compliant with Article 6 of the
Convention which provides that “everyone is entitled to a fair and public hearing within a
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reasonable time by an independent and impartial tribunal established by law”. Compensation will
be payable in accordance with law including compensation for property on the basis of the market
value of the interest acquired, together with disturbance, statutory loss payment and where
appropriate home loss payments.
13.8
The CPO process undertaken by the Council has taken into account the economic well-being of
the locality in terms of regeneration, housing need, sustainable communities and environmental
improvements. The process already allows for the payment of compensation to those where
properties and other private rights are affected by the acquisition of land under the CPO process.
Compensation will be payable in accordance with the Compulsory Purchase Code (comprised in
statute and case law) and including the market value of the property interest compulsorily
acquired, together with (where appropriate) disturbance, statutory loss payment and home loss
payments.
13.9
Moreover, in pursuing this Order, the Council has carefully considered the balance to be struck
between individual rights and the wider public interest. In this instance it is considered that the
Order is required in the public interest and is consistent with the ECHR and 1998 Act in that the
public purpose of securing the site for the redevelopment described herein and concomitant
economic, social and environmental benefits are of sufficient weight to override the interference
with human rights that the Order necessarily involves; and that compulsory acquisition is
necessary to achieve that purpose.
13.10 It is also considered that the Order is proportionate having regard to the alternative means of
securing the redevelopment of the Order Land and the associated regeneration of the area.
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14. PUBLIC INQUIRY RULES AND DOCUMENTS
14.1
This is a Statement of Reasons which is not intended to discharge the Council’s statutory
obligations under the Compulsory Purchase (Inquiries Procedure) Rules 2007.
14.2
A list of documents to be referred to is attached hereto at Appendix F. The Council reserves the
right to amend the list of documents or any other part of its Statement of Case in due course.
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APPENDIX A
LOCATION PLAN
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*
Trinity South - Development Location Map
Scale 1:10000
Crown Copyright reserved. Licence No. 100019570
APPENDIX B
SCHEME LAYOUT
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APPENDIX C
PHASING PLAN
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KEY
Phase 4
Phase 3
Phase 2
Phase 1
DESCRIPTION
DATE:
DATE
DESCRIPTION
CHECKED
Oct 2012
DATE
DRAFT
1:500
SCALE
DRWG. STATUS
MM
PROJECT
ARCHITECT
KT
RECORD
SL006A
DRAWING NO.
CHECKED
CONSTRUCTION
C O P Y R I G H T - idpartnership
TENDER
M90:136
PROJECT NO.
CONSULTATION
Phasing Plan
DRAWN BY
Trinity South for
Keepmoat Homes Ltd
DRAWING TITLE
JOB / CLIENT
ST. JUDES, BARKER STREET, SHIELDFIELD, NEWCASTLE UPON TYNE, NE2 1AS
TEL (0191) 261 4442 FAX (0191) 261 1090 e-mail - [email protected]
REVISION
Rev A 12/08/13 Phasing boundaries amended to suit latest planning layout as per client req. SR
REF:
RESIDUAL RISKS
Construction (Design and Management) Regulations 2007
DESIGNERS RISK ASSESSMENT
This file was generated with an evaluation version of the Amyuni(r) PDF Converter : http://www.amyuni.com
DO NOT SCALE
All dimensions to be checked on site and Architect to be
notified of any discrepancies prior to commencement
APPENDIX D
ORDER MAP
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APPENDIX E
PLANNING POLICIES
1.
National Planning Policy Framework (March 2012)
2.
Development Plan Policy
2.1
3.
The relevant parts of the Development Plan are:
2.1.1
South Tyneside Local Development Framework Core Strategy (June 2007)
2.1.2
South Tyneside Local Development Framework Site Specific Allocations Development
Plan Document (April 2012)
2.1.3
South Tyneside Local Development Framework Development Management Policies
Development Plan Document (December 2011)
2.1.4
South Tyneside Local Development Framework South Shields Town Centre and
Waterfront Area Action Plan (November 2008)
2.1.5
Supplementary Planning Document 8: South Shields Riverside Regeneration (August
2009)
2.1.6
Supplementary Planning Document 1: sustainable construction and Development (June
2007)
2.1.7
Supplementary Planning Document 5: Planning Obligations and Agreement (October
2008)
The Council’s Core Strategy lies at the heart of the Local Development Framework. It sets the overall
direction for the plan. The spatial vision of the Core Strategy includes ensuring that regeneration of the
Borough is delivered, specifically main centres including South Shields, bringing life back to the riverside
and creating sustainable communities where people choose to live, providing good quality affordable
housing in a variety of tenures meeting future needs, and delivering proposals of sufficient scale to effect
a major change in the perception of the Borough and that will have the greatest impact on the economy,
opportunity for new housing, quality of life and cultural facilities. The relevant parts of the Core Strategy
are:
3.1
ST1 seeks:
•
To regenerate the River Tyne and coastal corridors including the Tyne Gateway at South
Shields;
•
support development that reflects the scale and functions of the main towns of South
Shields, Jarrow and Hebburn;
•
maximise the re-use of previously developed land in built up areas
Policy ST1 also states that “the principles of securing mixed-use development, promoting
accessibility, and ensuring that development maximises the community benefits of regeneration,
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whilst avoiding or minimising environmental impacts and congestion and safeguarding natural and
cultural assets”.
3.2
ST2 Policy ST2 Sustainable Urban Living reflects the Council’s promotion of improved urban
design.
3.3
A1 Improving Accessibility specifically recognises that the Council will support transport initiatives
that maximise the accessibility of new development being focused at regeneration areas along
the riverside corridor, including South Shields.
3.4
SC1 Creating Sustainable Urban Areas states that in order to deliver sustainable communities
development proposals will be focused and promoted within the built-up areas, in accordance with
the spatial strategy for South Tyneside.
3.5
SC2 Reviving our Town Centres and other Shopping Centres states that development proposals
for retaining and other uses will be focused and promoted within themselves including South
Shields. The policy expressly acknowledges the need to address the retail weakness of Frederick
Street: “within Frederick Street shopping centre, we will seek to consolidate retail and commercial
premises into a more sustainable, compact and viable core”.
3.6
SC3 Sustainable Housing Provision (LDF Core Strategy) promotes the renovation of existing
housing stock where viable and managed redevelopment in order to create sustainable residential
communities and manages the phased release of land for new housing developments.
3.7
SC4 Housing Needs, Mix and Affordability (LDF Core Strategy) seeks to ensure a range and
choice of good quality affordable homes to meet identified housing needs.
3.8
EA3 Biodiversity and Geodiversity (LDF Core Strategy) seeks to optimise conditions for wildlife
and tackle habitat fragmentation.
3.9
EA5 Environmental Protection (LDF Core Strategy) seeks to ensure that new development
reduces levels of pollution and environmental risk.
4.
The Site Specific Allocation document is a development plan document (DPD) that sets out detailed sitespecific allocations and designations of land in those areas that are not covered by the Council’s adopted
Area Action Plans.
The allocations in the Site Specific Allocations document replaced the relevant
“saved” policies and proposals in the Council’s Unitary Development Plan. The Site-Specific Allocation
DPD is intended to have a lifespan of around 15 years from the date of adoption. Its context is provided
by, and it should be read in conjunction with, the LDF Core Strategy. The relevant parts of the SiteSpecific Allocations DPD are:
4.1
SA1 Policy SA1 of the SSADPD states that the creation of sustainable communities in South
Tyneside will be promoted by encouraging the development of key sites for a mix of uses where
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appropriate. Within the South Shields area Policy SA1 (A) (ii) lists Trinity South, Frederick Street
(Riverside Regeneration Area) (approximately 8.0 ha) as being allocated for mixed use
development including A1 (shops), A2 (Financial and Professional), A3 (restaurants and cafes),
A4 (Drinking Establishments), C3 (Dwelling houses) and D2 (Assembly and leisure) uses.
4.2
Policy SA1 also requires that all developments should conform to the highest standards of urban
and sustainable design as set out in Core Strategy, Development Management Policies and
Supplementary Planning Documents.
4.3
The sites listed in SA1, including Trinity South, are recognised as key redevelopment sites
offering important development opportunities for mixed use development that will contribute to the
creation of sustainable communities. Appropriate uses may be a combination of any of those
outlined in the policy; subject to justification to show that the proposed range of uses is
appropriate and compatible.
4.4
SA5 Policy SA5 of the SSA DPD promotes and encourages proposals that broaden the range of
shopping facilities, to improve the vitality and viability of the Borough district and other local
neighbourhood shopping centres.
The policy makes specific provision for “consolidating
Frederick Street district shopping centre, South Shields, into a more sustainable core north of
Walpole Street and around Laygate, whilst enabling supporting new retail and commercial leisure
provision appropriate to the centre’s scale and function in the New George Street area, in
accordance with the South Shields Riverside Regeneration Area”.
4.5
It is also noted in paragraph 5.4 of the SSA DPD that the consolidation and reconfiguration of
Frederick Street district shopping centre is in accordance with Core Strategy Policy SC2 and that
“it will further help to refocus the centre following the recent opening of a new Lidl supermarket on
the Laygate/New Green Street site following demolition of several smaller shops, as well as
reducing the extent of shop vacancies which have had a detrimental impact on the health and
viability of the centre”.
4.6
SA7(a) Green Infrastructure and Recreational Opportunities (Site Specific Allocations)
4.7
SA9 Policy SA9 “Living in South Tyneside – New Housing Opportunities” identifies sites as falling
within three timescales: 2004 - 16, 2016 – 2021 and 2021 – 2026. In the first time period –
existing commitments and priority schemes – Trinity South Phase 1 is identified as providing
approximately 140 dwellings. In the second period – Priority Sites – Trinity South Phase 2 is
identified as providing approximately 237 dwellings.
5.
The relevant parts of the Development Management Policies DPD are:
5.1
DM1(J) Energy Efficiency and Resilience to the Effects of Climate Change (LDF Development
Management Policies) is to ensure that developments are designed to achieve lower carbon
emissions and to have greater resilience to the effects of climate change.
48
\MAIN\23906030.5
5.2
DM1(G, H and I) Management of Development – Highways and Access (LDF Development
Management Policies) seeks to ensure acceptable impact (or mitigation) of developments in
relation to highway capacity and safety, that convenient and safe routes are facilitated and the
needs of all users are considered.
5.3
DM1(K) Management of Development – Flood Risk (LDF Development Management Policies) is
to ensure that developments are designed to minimise and mitigate localised flood risk.
5.4
DM1(M) Management of Development – Contamination (LDF Development Management
Policies) is to ensure that risks of contamination have been assessed and, where necessary,
remediation measures included.
5.5
DM1(N) Management of Development – Legacy of Mineral Workings (LDF Development
Management Policies) is to ensure that developments take into consideration the potential legacy
of mineral workings.
5.6
DM6 Heritage Assets and Archaeology (LDF Development Management Policies) relates to the
protection, preservation and enhancement of the Borough’s heritage assets and their settings.
5.7
DM7 Biodiversity and Geodiversity Sites (LDF Development Management Policies) is to ensure
the protection and enhancement of the important environmental assets of the borough.
5.8
DM8 Mineral Safeguarding and Management of Extraction (LDF Development Management
Policies) is to ensure that mineral resources are safeguarded against sterilisation and provides
criteria for the assessment of proposals for the extraction of minerals.
6.
7.
Supplementary Planning Documents
6.1
SPD8 South Shields Riverside Regeneration
6.2
SPD1 Sustainable Construction and Development
6.3
SPD5 Planning Obligations and Agreement
6.4
SPD4 Affordable Housing
6.5
SPD3 Green Infrastructure Strategy
South Shields Riverside Regeneration Strategic Development Framework (“the Riverside Strategy”)
7.1
The Riverside Strategy”) was prepared on behalf of the Council and ONE to provide a
development framework plan for the Riverside area. The Strategy recognises the long-term
decline in heavy industries which had led to serious deprivation in much of the Borough.
7.2
The Strategy seeks to take a more sustainable, longer-term view of regeneration balancing the
desire for a working waterfront with the aspirations of a growing residential community. It
identified an Area of Significant Change set within a wider Study Area. It identified problems of
49
\MAIN\23906030.5
fracture and impermeability within the urban grain and a need to create coherence and linkages
between the Riverside, Rekendyke area and the Town Centre.
7.3
The Strategy focuses on employment and housing. Five key employment sectors were identified :
tourism, culture and leisure; marine technology; knowledge economy; social enterprise; and selfbuild. Five new neighbourhoods integrating existing and new residential fabric are identified :
Harton Staithes/Corporation Quay; Holborn (overlooking Middle Docks); High Shields (original
heart of the community); Windmill Hill (overlooking West Docks); and Trinity South
(Circatex/Frederick Street). An extract from the Riverside Strategy identifying the above areas is
attached at Appendix [E].
7.4
Through the promotion of existing and new employment uses and modern housing the Strategy
seeks to reunite the community of Rekendyke with South Shields Town Centre. The creation of
new neighbourhoods is central to the Strategy. Whilst the over-arching objective is sustainable,
mixed-use development it was acknowledged in the Strategy that it may need to be “tempered by
the market priority for living space/housing led regeneration which could clearly support local
services and has the potential to engender a spirit of community”.
7.5
Furthermore, the Strategy is clear in its assessment of retail provision in Frederick Street. It notes
that “Frederick Street is not working. Very few people go there. If it is to survive the retail parade
needs to have enough people living around it to sustain limited business”. The Strategy therefore
proposes to redevelop the southern half of Frederick Street and the Circatex site for residential
purposes. In so doing the retained, northern half of Frederick Street would Frederick Street would
benefit by its consolidation towards Laygate and by the critical mass of homes in the immediate
vicinity being increased. It concludes that “we therefore propose to demolish the southern half of
Frederick Street and replace it with residential accommodation”. It is considered in that Strategy
that Trinity South could provide between 270 and 370 new homes.
7.6
It is acknowledged that the Strategy is aspirational in some of its detailed proposals for residential
layouts, community space and house-types. Nonetheless the thrust of the Strategy for Trinity
South is clear.
7.7
Trinity South is identified in the Strategy as likely to be Phase 2 of the Riverside sites to be
redeveloped. In terms of site assembly it is recognised that whilst the Council and ONE would
seek to secure sites through negotiation with existing landowners and occupiers, that a
compulsory purchase process may be required to fully assemble the comprehensive site (ie the
“area of significant change” within the study area).
50
\MAIN\23906030.5
APPENDIX F
DOCUMENTS TO BE REFERRED TO
1.
PLANNING POLICY
1.1
South Tyneside Local Development Framework Core Strategy June 2007
1.2
South Tyneside Local Development Framework South Shields Town Centre and Waterfront Area
Action Plan (Adopted November 2008)
1.3
South Tyneside Local Development Framework – Development Management Policies
Development Plan Document (Adopted December 2011)
1.4
South Tyneside Local Development Framework Site – Specific Allocations Development Plan
Document (Adopted April 2012)
2.
3.
4.
1.5
Unitary Development Plan Saved Policies
1.6
South Tyneside Local Development Framework Supplementary Planning Documents
1.6.1
SPD8: South Shields Riverside Regeneration (August 2009)
1.6.2
SPD1: Sustainable Construction and Development (June 2007)
1.6.3
SPD5: Planning Obligations and Agreements (October 2008)
1.6.4
SPD4: Affordable Housing (August 2007)
1.6.5
SPD3 Green Infrastructure Strategy (February 2013)
REGENERATION POLICY
2.1
South Shields Riverside Regeneration Strategic Development Framework (May 2007)
2.2
South Tyneside LDF Sites and Proposals (April 2012)
PLANNING PERMISSIONS
3.1
Planning Permission ST/0081/13/FUL dated 29 April 2013
3.2
Outline Planning Permission ST/0588/09/OUT dated 5 November 2009
RETAIL EVIDENCE/INFORMATION
4.1
Retail and Shopping Patterns in South Tyneside (2001)
4.2
White Young Green – Retail Health and Capacity Study (2007)
51
\MAIN\23906030.5
5.
4.3
Atis Real Appraisal 2009
4.4
GVA Grimley South Tyneside Retail Health and Capacity Study (October 2012)
COUNCIL CABINET AND COMMITTEE PAPERS
5.1
5.2
Cabinet Papers
5.1.1
Agenda, Report and Minutes – 30 May 2007
5.1.2
Agenda, Report and Minutes – 3 November 2010
5.1.3
Agenda, Report and Minutes – 02 October 2013
Planning Committee Reports
5.2.1
6.
7.
Agenda, Report and Minutes – 29 April 2013
CONSULTATIONS
6.1
Studio Egret West consultations re Riverside Strategy
6.2
Consultation in relation to the Outline Planning Application
6.3
Consultation preceding in relation to the Detailed Planning Application
6.4
Miscellaneous correspondence and consultation documentation
OTHER DOCUMENTATION
7.1
Riverside and Regeneration Project Board Reports
52
\MAIN\23906030.5
APPENDIX G
EXTRACT FROM RIVERSIDE STRATEGY IDENTIFYING
FIVE NEIGHBOURHOOD AREAS
53
\MAIN\23906030.5
APPENDIX H
STOPPING UP MAP
54
\MAIN\23906030.5
22
BR
UN
SW
ICK
30
162
to 1
78
STR
EET
16
20
28
50
22
24
40
44
48
96
200
34
36
26
28
22
24
18
38
20
14
16
12
42
Sub Sta
NE
W
2
4
NST
EE REET
12
Th e
)
Bru
nsw
ick
(PH
52
GR
6
8
10
40
44
El
59
63
67
30
32
46
ATEP
Nur se
ry
South
S
Nationa hields
l Unio
nist
Worki
ng Men
's
Club
11.0m
LAYG
2
6
10
57
61
65
21
4
8
12
45
49
53
42
LAC
E
16
20
24
14
18
22
43
47
51
Day
BR
UN
SW
ICK
13
180
to 1
9
11
7
33
37
41
STREET
204
54
52
3
Th e
Y em
S ch eni
ool
14
18
25
23
56
K
58
1
32
1 to
31
35
39
E
Land to be Stopped Up
7
9
GAT
6
5
26
Al Azhar
Mosque
LAY
2
8
17
TRINITY
WAL

4
10
Scale 1:1250
26
27
15
Trinity South
Stopping Up Plan
13
Strategy and Performance
24
17
25
South Tyneside Council
70
68
11.6m
87
Bank
89
83
85
187
LAY
GA
TE
52
36to5
0
54
66
64
Adam
and
Eve
12.5m
(PH )
LB
193
70
3a
3
72
74
4
PO
El
Sub Sta
HAVELOC
5
2 to 8
Bank
K STREET
TCB
7
16
1
9.8m
24
15
FREDERIC
13
Laygate
Roundabout
30
32
34
23
25
Car Park
44
42
27 to 31
40
to
K STREET
9
HIGH
SHIELDS
21
ET
ELDON STRE
Factory
Club
33
STREE
T
43
45
64
47
66
41
45
49
8.2m
TCB
Walpole Street
Walp ole St
reet
74
51
53
78
48
47
76
NEW G
EORGE
60
62
56
58
48
to
52
El Sub Sta
59
61
80 to 90
1a
92
94
63
Hall
11 0
10 4 to
112
114
116
118
FREDE
Medical
Centre
89
91
120
122
11.0m
77 to 83
RICK ST
REE T
10 2
96
98
65
67
1d
2a
138
15 0
14 8
144 14
0
146 14
2
10 5
107
ELDON STREET
13 6
7.0m
2e
162
16 0
121
12 3
Rekendyke
Industrial
Estate
12 7
164
125
PH
6.7m
REED S
TRE
ET
El Sub Sta
33
34
10.7m
48
105
45
107
46
R EED
111
109
Crown Copyright reserved. Licence No. 100019570
41
30
39
STRE
E
39
40
APPENDIX 2
ORDER MAP
APPENDIX 3
DRAFT ORDER
DRAFT - 20/09/13
THE COUNCIL OF THE BOROUGH OF SOUTH TYNESIDE (FREDERICK STREET, NEW
GEORGE STREET, WALPOLE STREET, REED STREET AND HAVELOCK STREET, SOUTH
SHIELDS) COMPULSORY PURCHASE ORDER 2013
THE TOWN AND COUNTRY PLANNING ACT 1990
AND THE ACQUISITION OF LAND ACT 1981
The Council of the Borough of South Tyneside (in this Order called “the Acquiring Authority”) makes
the following Order:
1.
Subject to the provisions of this Order, the Acquiring Authority is, under Section 226(1)(a) of the
Town and Country Planning Act 1990, hereby authorised to purchase compulsorily the land
described in paragraph 2 for the purpose of facilitating the carrying out of development, redevelopment or improvement of land in and around Frederick Street, New George Street,
Walpole Street, Reed Street and Havelock Street, South Shields, for the purposes of providing
new housing development and associated works including landscaping, park and play areas,
highways and car parking thereby achieving the promotion and/or improvement of the
economic, social and environmental well-being of the area.
2.
The land authorised to be purchased compulsorily under this Order is the land described in the
Schedule and delineated and shown coloured pink on a map prepared in duplicate, sealed with
the common seal of the Acquiring Authority and marked “Map referred to in the Council of the
Borough of South Tyneside (Frederick Street, New George Street, Walpole Street, Reed Street
and Havelock Street, South Shields) Compulsory Purchase Order 2013”.
3.
Parts II and III of Schedule 2 to the Acquisition of Land Act 1981 are hereby incorporated with
this Order.
4.
In this Order, all measurements of area stated in any description of the land shall be construed
as if the words “or thereabouts” were inserted after each such measurement of area, and any
description of the land shall also be construed as including the subsoil of the half width of the
adjoining highway.
\MAIN\23792564.2
SCHEDULE
Table 1
Number
on Map
(1)
Extent, description and situation
of the land
Qualifying persons under section 12(2)(a) of the Acquisition of Land Act 1981 – name and address
(3)
(2)
Owners or reputed owners
Lessees or reputed
lessees
Tenants or reputed tenants
(other than lessees)
Occupiers
1.
All interests in 21 square
metres of land including
highway and subsoil in New
George Street, South Shields
(to west of car park), except
those interests already owned
by the acquiring authority
The Council of the Borough
of South Tyneside
Town Hall and Civic Offices
Westoe Road
South Shields
NE33 2RL
-
-
-
2.
highway and subsoil adjacent
to commercial premises known
as 43 and 45 Frederick Street,
and 49 Walpole Street, South
Shields NE33 5DY
(title to 43 and 45 Frederick
Street, and 49 Walpole Street,
South Shields is held by the
Owners pursuant to Title
Number TY174479)
Salik Uddin Ahmed
Mozibul Haque Shahi
Nur Ullah
-
-
-
metres of former residential
premises known as 48
Walpole Street, South Shields
NE33 5EF, except those
interests already owned by the
of South Tyneside
Westoe Road
South Shields
NE33 2RL
-
-
-
3.
\MAIN\23792564.2
All of:
398 South Eldon Street
South Shields
NE33 5SY
Number
on Map
(1)
of the land
(3)
(2)
Lessees or reputed
lessees
Occupiers
of South Tyneside
Westoe Road
South Shields
NE33 2RL
-
-
-
Saiful Choudhury
Number 53 (ground
floor):
-
-
acquiring authority
4.
metres of land consisting of:
-
former commercial and
residential premises
known as 47 and 49
Frederick Street, South
Shields NE33 5ED, and
-
former residential
Walpole Street, South
Shields, NE33 5ED,
except those interests already
owned by the acquiring
authority
5.
-
ground floor commercial
Shields NE33 5ED; and
-
first floor residential
Shields NE33 5ED
\MAIN\23792564.2
Of:
14 Baring Street
South Shields
NE33 2DR
And:
51-53 Frederick Street
South Shields
NE33 5ED
Emma Nicholson
5 Rochester Terrace
Holly Hill
Felling
Gateshead
NE10 9NE
Number
on Map
(1)
of the land
(3)
(2)
Lessees or reputed
lessees
Occupiers
6.
metres of land consisting of
commercial premises known
South Shields NE33 5ED
Shahjahan Chowdhury
12 Baring Street
South Shields
NE33 2DR
-
-
Owner
7.
Jawad Hussain
Meadow View
Leam Lane
Gateshead
NE10 8BN
Number 59 (ground
floor):
Number 61 (first floor):
Lessee
Rajeshwar Singh
61 Frederick Street
South Shields
NE33 5ED
Tenant
Jawad Hussain
Meadow View
Leam Lane
Gateshead
NE10 8BN
Number 63 (ground
floor):
Number 63a (first floor):
Lessee
Slawomir Oreszczynska
63a Frederick Street, South
Shields NE33 5ED
Tenant
8.
-
ground floor former
commercial premises
known as 59 Frederick
Street, South Shields
NE33 5ED; and
-
Shields NE33 5ED
-
\MAIN\23792564.2
ground floor
commercial premises
NE33 5ED; and
The Company
Secretary
Acorn Care & Nursing
Limited
63 Frederick Street
South Shields
NE33 5ED
The Company
Secretary
Acorn Care and
Nursing Limited
63 Frederick Street
South Shields
NE33 5ED
Jolanta
Oreszczynska
(Number 63a, first
floor):
63a Frederick
Street, South
Number
on Map
(1)
of the land
(3)
(2)
Lessees or reputed
lessees
premises known as 63a
Shields NE33 5ED
9.
Shields
NE33 5ED
Dewan Syed Rahelur Reza
Number 65/65a
(ground floor):
Dewan Syed Shamiur Reza
-
-
ground floor
commercial premises
known as 65/65a
Shields NE33 5ED
Both of:
65/65a and 67 Frederick
Street
South Shields
NE33 5ED
Mr Choudhury
64 Julian Avenue
South Shields
NE33 2EW
Lessee
Michael Dodd
67 Frederick Street
And:
41 Redhead Avenue
South Shields
NE33 3AW
10.
Carolyn Burbridge
63 Readhead Road
South Shields
NE34 6HR
11.
Carolyn Burbridge
63 Readhead Road
South Shields
NE34 6HR
\MAIN\23792564.2
Occupiers
AND
-
James William Parkin
212 St Luke’s Road
Sunderland
SR4 6PF
Lessee
James William Parkin
212 St Luke’s Road
Sunderland
SR4 6PF
Lessee
Number
on Map
(1)
of the land
(3)
(2)
authority (the acquiring
authority owns a freehold
interest in the highway
pursuant to Title Number
TY419287)
Lessees or reputed
lessees
Occupiers
Patricia Cowie and
Jeffrey Cowie
Both of:
33 Central Avenue
South Shields
NE34 6AY
of South Tyneside
Westoe Road
South Shields
NE33 2RL
12.
Jawad Hussain
Meadow View
Leam Lane
Gateshead
NE10 8BN
James Scott Coates
13 Constable Gardens
South Shields
NE34 8LR
-
Lessee
13.
Jawad Hussain
Meadow View
Leam Lane
Gateshead
NE10 8BN
Number 81 (ground floor):
Lessee
James Scott Coates
South Shields
NE34 8LR
William Hewitt
167 Lumley Avenue
South Shields
NE34 7DJ
Tenant
Jawad Hussain
Meadow View
Number 85 (ground
floor):
-
Lessees
14.
\MAIN\23792564.2
Number
on Map
(1)
of the land
(3)
(2)
-
-
15.
ground floor
commercial premises
NE33 5ED; and
Leam Lane
Gateshead
NE10 8BN
-
former commercial
-
former residential
Shields NE33 5ED,
Occupiers
Unknown
James Scott Coates
South Shields
NE34 8LR
first floor commercial
Shields NE33 5ED
Lessees or reputed
lessees
of South Tyneside
Westoe Road
South Shields
NE33 2RL
-
-
-
Jawad Hussain
Meadow View
Leam Lane
Number 95 (ground
floor):
Lessee
Anthony Yorston
Tenant
authority
16.
\MAIN\23792564.2
Number
on Map
(1)
of the land
(3)
(2)
-
-
ground floor
commercial premises
NE33 5ED; and
NE33 5ED,
Lessees or reputed
lessees
Gateshead
NE10 8BN
Zaheer Raja
95 Frederick Street
South Shields NE33
5ED
93 Frederick Street
South Shields
NE33 5ED
Occupiers
of South Tyneside
Westoe Road
South Shields
NE33 2RL
TY419287)
17.
metres of vacant land formerly
known as 97 and 99 Frederick
Street, South Shields NE33
5ED except those interests
already owned by the
acquiring authority
of South Tyneside
Westoe Road
South Shields
NE33 2RL
-
-
-
18.
known as 101 and 103
of South Tyneside
Westoe Road
-
-
-
\MAIN\23792564.2
Number
on Map
(1)
of the land
(3)
(2)
19.
Shields NE33 5ED except
South Shields
NE33 2RL
Jawad Hussain
Meadow View
Leam Lane
Gateshead
NE10 8BN
-
-
Shields NE33 5ED
TY419287)
20.
-
\MAIN\23792564.2
former commercial
Lessees or reputed
lessees
Occupiers
-
-
-
-
Tenant
of South Tyneside
Westoe Road
South Shields
NE33 2RL
Jawad Hussain
Meadow View
Leam Lane
Gateshead
NE10 8BN
Peter Scotter
111 Frederick Street
South Shields
NE33 5ED
Number
on Map
(1)
of the land
(3)
(2)
-
Lessees or reputed
lessees
Occupiers
known as 111
Shields NE33 5ED
21.
the former commercial and
former residential premises
Shields NE33 5ED
Jawad Hussain
Meadow View
Leam Lane
Gateshead
NE10 8BN
Unknown
-
Lessee
22.
Jawad Hussain
Meadow View
Leam Lane
Gateshead
NE10 8BN
-
-
-
of South Tyneside
-
-
-
23.
-
former commercial
-
former commercial
Frederick Street South
Shields NE33 5ED
\MAIN\23792564.2
Number
on Map
(1)
of the land
(3)
(2)
-
former commercial
-
former commercial
Shields NE33 5ED
Lessees or reputed
lessees
Occupiers
Number 125 (ground
floor):
Lessee
Rafal Dzienniak
125a Frederick Street
South Shields
NE33 5ED
Tenant
Westoe Road
South Shields
NE33 2RL
authority
24.
-
-
25.
commercial premises
known as 125
known as 125a and
125b Frederick Street,
South Shields NE33
5ED
-
\MAIN\23792564.2
Jawad Hussain
Meadow View
Leam Lane
Gateshead
NE10 8BN
ground floor
Dale Whitehurst
South Shields
NE33 5ED
Number 125b:
-
Jawad Hussain
Meadow View
Leam Lane
Gateshead
Number 127 (ground
floor):
Unknown
Number 125b:
-
Number 125b:
-
Lessee
Kamila Brzychcy
127a Frederick Street
Tenant
Number
on Map
(1)
of the land
(3)
(2)
commercial premises
known as 127
-
premises known as
127a Frederick Street,
South Shields NE33
5ED,
Lessees or reputed
lessees
Occupiers
South Shields
NE33 5ED
NE10 8BN
of South Tyneside
Westoe Road
South Shields
NE33 2RL
TY419287)
26.
metres of highway land on the
corner of Frederick Street,
New George Street and Reed
Street, South Shields except
of South Tyneside
Westoe Road
South Shields
NE33 2RL
-
-
-
27.
metres of vacant land, formerly
the public house known as the
Eureka Hotel, 164 Frederick
of South Tyneside
Westoe Road
South Shields
-
-
-
\MAIN\23792564.2
Number
on Map
(1)
of the land
(3)
(2)
Lessees or reputed
lessees
Occupiers
5EG except those interests
acquiring authority
NE33 2RL
28.
commercial and residential
premises known as 160 and
162 Frederick Street, South
Shields NE33 5EG
Jawad Hussain
Meadow View
Leam Lane
Gateshead
NE10 8BN
-
-
-
29.
commercial and residential
Shields NE33 5EG
Jawad Hussain
Meadow View
Leam Lane
Gateshead
NE10 8BN
-
-
-
30.
Jawad Hussain
Meadow View
Leam Lane
Gateshead
NE10 8BN
Number 152 (ground
floor):
Number 154/154 (back)
(first floor):
Lessee
Unknown
Patryk Dzienniak
Sylwia Dzienniak
-
-
\MAIN\23792564.2
ground floor
commercial premises
known as 152
Shields NE33 5EG; and
premises known as
154/154 (back)
Shields NE33 5EG
Tenant
Both of:
154/154 (back)
Frederick Street
South Shields
NE33 5EG
Number
on Map
(1)
of the land
(3)
(2)
31.
32.
-
ground floor
commercial premises
known as 148
-
premises known as
150/150 (back)
Shields NE33 5EG
Lessees or reputed
lessees
Occupiers
Jawad Hussain
Meadow View
Leam Lane
Gateshead
NE10 8BN
Number 148 (ground
floor):
Number 150 / 150 (back)
(first floor):
Lessee
Unknown
Margaret Wilson
150/150 (back) Frederick
Street
South Shields
NE33 5EG
Karmjit Kumar Nayyar
Usha Rani Nayyar
Number 140 and 146
(ground floor):
Number 142/142 (back)
(first floor):
Both of:
109 Eastern Way
Newcastle upon Tyne
NE20 9RQ
Walter Armstrong
Tim Lovel
Raphael Attard
Philip Hansan
142 (back) Frederick Street
South Shields
NE33 5EG
Tenant
Lessee
Tenant
-
\MAIN\23792564.2
ground floor
commercial premises
Shields NE33 5EG;
-
premises known as
142/142 (back)
-
All care of:
St Clare’s Hospice
Primrose Terrace,
Jarrow, NE32 5HA, as
Trustees of St Clare’s
Hospice
Number
on Map
(1)
of the land
(3)
(2)
Lessees or reputed
lessees
Occupiers
Karmjit Kumar Nayyar
Usha Rani Nayyar
Number 136 (ground
floor):
Lessee
Masoud Dadashzadeh
Eyrdmoussa
South Shields
NE33 5EG
Mary Little
South Shields
NE33 5EG
Tenant
Both of:
109 Eastern Way
Newcastle upon Tyne
NE20 9RQ
Kwang Seng Apek Ku
Amelia Maria Ku
-
-
Owners
Shields NE33 5EG
33.
34.
-
ground floor
commercial premises
known as 136
-
Shields NE33 5EG
as 132 and 134 Frederick
5EG
Both of:
33 Cragside
South Shields
NE34 8QU
And:
132 and 134 Frederick
Street
South Shields
NE33 5EG
\MAIN\23792564.2
Number
on Map
(1)
of the land
(3)
(2)
35.
-
ground floor
commercial premises
known as 128
-
first floor former
known as 130
Shields NE33 5EG
Lessees or reputed
lessees
Occupiers
of South Tyneside
Westoe Road
South Shields
NE33 2RL
Number 128 (ground
floor):
-
Lessee
of South Tyneside
Westoe Road
South Shields
NE33 2RL
Number 126 (ground
floor):
-
Lessee
Shah Alam Monirul
Amin
45 Julian Street
South Shields
NE33 2EP
authority
36.
\MAIN\23792564.2
-
former residential
-
commercial premises
known as 126
Shields NE33 5EG
Safia Rahman
79 Marine Approach
South Shields
NE33 2TE
Number
on Map
(1)
of the land
(3)
(2)
Lessees or reputed
lessees
Occupiers
-
-
authority
37.
Shields NE33 5EG
Kirpa Singh-Nannar
120 and 122 Frederick
Street
South Shields
NE33 5EG
-
38.
of South Tyneside
Westoe Road
South Shields
NE33 2RL
Number 118 (ground
floor):
-
-
39.
ground floor
commercial premises
known as 118
\MAIN\23792564.2
ground floor
Syed Shahi Noor Ali
8 Lord Nelson Street
South Shields NE33
5NF
Ansary Salah Uddin
33 Marshall Wallis
Road
South Shields
NE33 5PD
Shields
Lessees
Rajinder Singh Dhillon
196-198 Ashley Road
South Shields
NE34 0PQ
-
Jason Marshall and Zoe
Tulley
Tenants
Number
on Map
(1)
of the land
(3)
(2)
Lessees or reputed
lessees
commercial premises
known as 114
-
40.
-
Occupiers
Both of:
South Shields NE33 5EG
Shields NE33 5EG
-
ground floor
commercial premises
known as 108
Rajinder Singh Dhillon
196-198 Ashley Road
South Shields
NE34 0PQ
-
Luke Collins and Kevin
Glen Scorer
Owner (Number 108
(ground floor))
Tenants (Number
110 (first floor))
Both of:
South Shields
NE33 5EG
Shields NE33 5EG
41.
as 104 and 106 Frederick
5EG
Jawad Hussain
Meadow View
Leam Lane
Gateshead
NE10 8BN
-
-
-
42.
-
-
-
\MAIN\23792564.2
Number
on Map
(1)
of the land
(3)
(2)
-
former commercial
-
former residential
Shields NE33 5EG
Lessees or reputed
lessees
Occupiers
Jawad Hussain
Meadow View
Leam Lane
Gateshead
NE10 8BN
Number 96 (ground
floor):
Lessee
Bakary Bajo
98 Frederick Street
South Shields
NE33 5EG
Tenant
of South Tyneside
-
-
-
of South Tyneside
Westoe Road
South Shields
NE33 2RL
authority
43.
44.
-
ground floor
commercial premises
NE33 5EG; and
-
Shields NE33 5EG
\MAIN\23792564.2
The Company
Secretary
Acorn Care and
Nursing Limited
63 Frederick Street
South Shields
NE33 5ED
Number
on Map
(1)
of the land
(3)
(2)
Lessees or reputed
lessees
Occupiers
former commercial premises
known as 80 to 90, 92 and 94,
Shields NE33 5EG except
Westoe Road
South Shields
NE33 2RL
45.
known as 76 and 78 Frederick
5EG except those interests
acquiring authority
of South Tyneside
Westoe Road
South Shields
NE33 2RL
-
-
-
46.
known as 74 Frederick Street,
Jawad Hussain
Meadow View
Leam Lane
Gateshead
NE10 8BN
-
-
-
47.
metres of highway in Walpole
Street, South Shields, adjacent
to 64 and 66 Frederick Street
and 45 and 47 Walpole Street,
South Shields
(title to 64 and 66 Frederick
Street, and 45 and 47 Walpole
The Company Secretary
Capital Properties Solutions
Limited
37a George Street
Newcastle Upon Tyne
NE4 7JN
-
-
-
\MAIN\23792564.2
Number
on Map
(1)
of the land
(3)
(2)
Lessees or reputed
lessees
Occupiers
Street, South Shields is held
by the Owner pursuant to Title
Number TY174479)
48.
metres of unnamed land
including highway and subsoil
to the rear of premises known
as 164 Frederick Street, South
Shields NE33 5EG except
of South Tyneside
Westoe Road
South Shields
NE33 2RL
-
-
-
49.
to the rear of premises known
as 74 to 164 Frederick Street,
authority
of South Tyneside
Westoe Road
South Shields
NE33 2RL
-
-
-
50.
to rear of premises known as
64 and 66 Frederick Street
and 45 and 47 Walpole Street,
and part of Walpole Street,
South Shields, except those
interests already owned by the
Not known
-
-
-
\MAIN\23792564.2
Number
on Map
(1)
of the land
(3)
(2)
Lessees or reputed
lessees
Occupiers
of South Tyneside
Westoe Road
South Shields
NE33 2RL
-
-
-
of South Tyneside
Westoe Road
South Shields
NE33 2RL
-
-
-
acquiring authority
51.
52.
metres of car park to the south
of Havelock Street, South
Shields and unnamed land
to the west of the
aforementioned car park
authority
highway and subsoil in New
George Street, South Shields
(to west of medical centre),
and Walpole Street and
footpath (to north of medical
centre), South Shields, except
\MAIN\23792564.2
Table 2
Number on
Map
(4)
Other qualifying persons under section 12(2A)(a) of the Acquisition of Land
Act 1981
(5)
Other qualifying persons under section 12(2A)(b) of the
Acquisition of Land Act 1981 – not otherwise shown in Tables 1 &
2
(6)
Name and address
Description of interest
to be acquired
5
Lloyds TSB Bank plc
25 Gresham Street London EC2V 7HN
(as mortgagee of registered charge on
freehold title TY20446)
Mortgage
7
The Clydesdale Bank PLC
30 St Vincent Place
Glasgow
G1 2HL (as mortgagee of registered charge
on freehold title TY451355)
Mortgage
8
30 St Vincent Place
Glasgow
Mortgage
\MAIN\23792564.2
Name and
address
Description of the land for which the person in
adjoining column is likely to make a claim
Number on
Map
(4)
Act 1981
(5)
2
(6)
Name and address
to be acquired
10
Lloyds TSB Bank plc
25 Gresham Street London EC2V 7HN
Mortgage
12
30 St Vincent Place
Glasgow
Mortgage
13
30 St Vincent Place
Glasgow
Mortgage
14
30 St Vincent Place
Glasgow
Mortgage
\MAIN\23792564.2
Name and
address
Number on
Map
(4)
Act 1981
(5)
2
(6)
Name and address
to be acquired
16
30 St Vincent Place
Glasgow
Mortgage
19
30 St Vincent Place
Glasgow
Mortgage
20
Mortgage
30 St Vincent Place
Glasgow
21
30 St Vincent Place
Glasgow
\MAIN\23792564.2
Mortgage
Name and
address
Number on
Map
(4)
Act 1981
(5)
2
(6)
Name and address
to be acquired
22
30 St Vincent Place
Glasgow
Mortgage
24
30 St Vincent Place
Glasgow
Mortgage
25
30 St Vincent Place
Glasgow
Mortgage
The Council of the Borough of South
Tyneside
Westoe Road
South Shields NE33 2RL (as mortgagee of
registered charge on freehold title TY451365)
Mortgage
\MAIN\23792564.2
Name and
address
Number on
Map
(4)
Act 1981
(5)
2
(6)
Name and address
to be acquired
28
30 St Vincent Place
Glasgow
Mortgage
29
30 St Vincent Place
Glasgow
Mortgage
30
30 St Vincent Place
Glasgow
Mortgage
Tyneside
Westoe Road
Mortgage
\MAIN\23792564.2
Name and
address
Number on
Map
(4)
Act 1981
(5)
2
(6)
31
39
\MAIN\23792564.2
Name and address
to be acquired
30 St Vincent Place
Glasgow
Mortgage
Tyneside
Westoe Road
Mortgage
Lancashire Mortgage Corporation Limited
Lake View
Lakeside
Cheadle
Cheshire SK8 3GW
Name and
address
Number on
Map
(4)
Act 1981
(5)
2
(6)
Name and address
to be acquired
43
30 St Vincent Place
Glasgow
Mortgage
46
30 St Vincent Place
Glasgow
Mortgage
48
Santander UK PLC
2 Triton Square
Regent's Place
London
NW1 3AN
Mortgage
\MAIN\23792564.2
Name and
address
THE COMMON SEAL OF THE COUNCIL OF THE BOROUGH
OF SOUTH TYNESIDE
was hereunto affixed this
day of
in the presence of:-
…………………………………………………………………..
Mayor
...............................................................................................
Head of Legal Services
\MAIN\23792564.2
2013
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item 4 - Trinity South Housing Development – Resolution to Make a

Transcription

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