Originator: PAUL KENDALL Tel No: 0113 2478196

PLANS PANEL (CITY CENTRE) 6 NOVEMBER 2008

REPORT OF THE CHIEF PLANNING OFFICER

WARD: City & Hunslet Application: 08/05201/FU & 08/05203/FU

Address: Land bounded by Commercial St, Boar Lane, Albion St and Briggate

Applicant: Trinity Quarter Developments Ltd

Date Valid: 2nd September 2008 Target Date: 2nd December 2008

Proposal: Reconfiguration of previously approved shop units and realignment of shop fronts, changes to internal vertical circulation, elevational improvements and realignment of building frontages, design changes to the roof and replacement of proposed office element with a leisure component, landscaping and associated works and separate application for extension and realignment of Marks and Spencer shopfront with new entrance and associated works, both revisions to planning permission 07/06793/FU

Recommendation: App Ref 08/05201/FU Members are requested to approve the application in principle and refer it to the GOYH for consultation under the Town and Country Planning (Shopping Development) (England and Wales) (No.2) Direction 1993, and delegate approval to the Chief Planning Officer subject to the conditions and directions specified (and any others which he might consider appropriate) and the completion of a legal agreement or variation to the existing agreement to cover the following matters: (i) Financial contribution to public transport and associated infrastructure improvements (ii) Financial contribution to laying out Albion St (iii) Training and employment of local people during construction phase and or opening of development (iv) hours of opening of the scheme and extent of areas of closure (v) A design guide for internal wall treatment, surfaces, elevations and signage (vi) GTP monitoring fee should the Secretary of State decide not to call in the application for determination. Conditions 1. Time limit on consent. 2. Condition tying this consent to previous permission 07/06793/FU. 3. Sample of all external and internal materials to be approved. 4. Sample of all surfacing materials.

5. Sample panels of all internal and external materials. 6. Area for servicing to be laid out prior to occupation. 7. New vehicle access point on Boar Lane to be laid out to details. 8. Method of stopping up of existing drop crossings on Boar lane to be agreed. 9. Provision of detailed contamination survey. 10. Implementation of remediation works. 11. Amend remediation statement should new contamination be found. 12. Storage and disposal of litter. 13. Details of flue pipes. 14. Extract ventilation systems to incorporate filter. 15. Installation of machinery. 16. Operation of air conditioning. 17. Provision of grease trap. 18. Acoustic attenuation of plant and machinery. 19. No building within 3m of public sewer unless otherwise agreed with Local Planning

Authority. 20. Water down-pipes to be sealed. 21. All surface water from vehicle areas to pass through oil interceptors. 22. Separate system of drainage. 23. Means of surface water disposal to be agreed. 24. Completion of surface water disposal works. 25. Programme of archaeological recording to be agreed. 26. Landscaping condition to include all street furniture and to ensure they are designed to

account for non-ambulant and disabled. 27. After-care scheme to landscaping. 28. Screening and location of plant to be only in areas indicated on approved drawings. 29. Display windows on Boar Lane building and bridge over Bank Street to be used for

display purposes and not obscured. 30. Method of lighting of Holy Trinity Church to be agreed and carried out within approved

timescale. 31. Provision of access/sanitary conveniences for disabled. 32. No external storage of refuse anywhere on the site. 33. A3/A4 units to be provided and not used for A1 to retain a mix of uses. 34. No burning of waste materials. 35. Proposal to minimise dust during construction. 36. Carrying out of dust suppression scheme. 37. Provision of litter facilities within the scheme. 38. Provision of CCTV within the scheme. 39. Submission of demolition and construction details, to include phasing, for area of

building adjacent to Holy Trinity Church. 40. Detailed method statement of servicing during construction to be submitted prior to

commencement of development. 41. Detailed method statement of servicing after construction to be submitted prior to

construction of development. 42. Pedestrian routes through site to be closed for a maximum period of 42 months unless

otherwise agreed in writing by the LPA. 43. Submission of an Environmental Policy which shall include resource, conservation and

sustainability principles to be adopted during detailed design, construction and operation. Such principles to be adhered to during each appropriate phase of development with the goal of attaining BREEAM Excellent rating.

44. Details for managing service yard during construction. 45. Details for managing service yard after construction.

46. Details of entrance area layout to M&S unit during construction. 47. Details of entrance area layout to M&S unit after construction. 48. Details of entrance area layout to Provincial House rear elevation during construction. 49. Details of entrance area layout to Provincial House rear elevation after construction. 50. Details of contractors plant and equipment locations. 51. Details of measures for removal of mud and grit from vehicles during construction. 52. Details of route of construction vehicles. 53. Maximum parking of 4 vehicles to take place on the church forecourt. 54. Submission of a phasing schedule required. Recommendation: 08/05203/FU: Members are recommended to grant planning permission for this application subject to the conditions to control the following: Conditions:

1. Time limit on consent. 2. Condition tying this consent to previous permission 07/06793/FU. 3. Sample of all external and internal materials to be approved. 4. Sample of all surfacing materials. 5. Sample panels of all internal and external materials. 6. Provision of detailed contamination survey. 7. Implementation of remediation works. 8. Amend remediation statement should new contamination be found. 9. Storage and disposal of litter. 10. Details of flue pipes. 11. Extract ventilation systems to incorporate filter. 12. Installation of machinery. 13. Operation of air conditioning. 14. Provision of grease trap. 15. Acoustic attenuation of plant and machinery. 16. No building within 3m of public sewer unless otherwise agreed with Local Planning

Authority. 17. Water down-pipes to be sealed. 18. Separate system of drainage. 19. Means of surface water disposal to be agreed. 20. Completion of surface water disposal works. 21. Screening and location of plant to be only in areas indicated on approved drawings. 22. Provision of access/sanitary conveniences for disabled. 23. No external storage of refuse anywhere on the site. 24. No burning of waste materials. 25. Proposal to minimise dust during construction. 26. Carrying out of dust suppression scheme. 27. Provision of litter facilities within the scheme. 28. Provision of CCTV within the scheme. 29. Submission of demolition and construction details, to include phasing, for area of

building adjacent to Holy Trinity Church. 30. Detailed method statement of servicing during construction to be submitted prior to

commencement of development. 31. Detailed method statement of servicing after construction to be submitted prior to

construction of development. 32. Pedestrian routes through site to be closed for a maximum period of 42 months

unless otherwise agreed in writing by the LPA.

33. Submission of an Environmental Policy which shall include resource, conservation and sustainability principles to be adopted during detailed design, construction and operation. Such principles to be adhered to during each appropriate phase of development the goal of attaining BREEAM Excellent rating.

34. Details of entrance area layout to M&S unit during construction. 35. Details of entrance area layout to M&S unit after construction. 36. Details of contractors plant and equipment locations. 37. Details of measures for removal of mud and grit from vehicles during construction. 38. Details of route of construction vehicles. 39. Submission of a phasing schedule required.

Introduction: Members will recall that they have recently received pre-application presentations from the project architect and these have charted the progress of the design development of the scheme from the original consent granted in March 2004 (app. ref. 20/149/03/FU) and subsequently amended by an application to vary 34 of the conditions (app. ref. 07/06793/FU) granted January 2008. The scheme has now been submitted and is covered by two formal applications for Planning Permission which represent a further development of that presented to Members in August of this year the minutes of which are attached at the end of this report. The current proposals are for amendments to the original scheme and are considered necessary for the following reasons:

1. To revisit a scheme that is almost 10 years old in order to align it better to the character of Leeds’ arcades and covered streets rather than that of a shopping mall. The approved elevational treatments to all frontages are dated and can be improved.

2. The original scheme is not in line with current retailer requirements in terms of both unit size & configuration and their expectations in terms of footfall within certain parts of the scheme, which is heavily influenced by positioning of escalators and staircases.

3. To create a BREEAM Excellent, highly sustainable shopping environment. 4. The formation of Trinity Quarter Developments Limited (TQDL) has brought

together the owners of Trinity East and the Leeds Plaza Shopping Centre (Trinity West) which will enable integration of the two sites and the comprehensive redevelopment and improvement of the area as a whole – the design revisions take this into account.

5. The originally approved office proposal has been removed and replaced by a small multi-screen facility which reduces the physical mass of the development and the elevations.

6. Finally to sweep up minor changes picked up in the process of evolving approved planning drawings to the stage of detailed construction drawings.

Site and Surroundings: This is the land bounded by Boar Lane, Briggate, Commercial Street, Albion Street including Bank Street and Burton Arcade. The Trinity Quarter or Trinity East as it is now called, covers approx. 1.5 ha and is within the Prime Shopping Quarter. The site abuts the City Centre Conservation Area which covers some of the buildings within and adjoining the application site that front Boar Lane and its corner with Briggate, including Holy Trinity Church (Grade 1 Listed) and 71 Boar Lane (Grade II Listed).

The buildings which stood on this site were a complex built in the 1970s made up of two levels of shopping units and ancillary accommodation over basement servicing with a 4 storey office building central to the site. However these have now been demolished except for a small section of retail frontage on to Briggate. Proposal: The proposed revisions are submitted in the form of two concurrent amending planning applications. This is necessary as the original permission was also granted in this way and therefore both applications need to be amended. The main application (Application 1) is for the whole site, the second application (Application 2) is for the area to the rear of the existing Marks and Spencer unit and is for a rear extension to that unit as described below. Application 1 08/05201/FU This application includes:

• the internal realignment of shop-fronts and reconfiguration of retail units, arcades and food court at all levels resulting in an increase of 758 sq m of retail floor space

• changes to internal vertical circulation including repositioning of escalators; • elevational improvements to Briggate and Boar Lane and re-alignment of building

frontages; • the re-design of the roof structure and form • landscaping scheme for the area adjacent to Holy Trinity Church; • replacement of the approved five storey office building which sat on top of the north

western quadrant with a 2/3 storey leisure building (cinema unit).

The Red Line Plan for Application 1 is identical to that for the approved Trinity Quarter planning permission 20/149/03/FU as amended by app. ref. P/07/06793/FU. Application 2 08/05203/FU This application should be considered in conjunction with the changes set out in Application 1. The application relates to the realignment of the Marks & Spencer shop front onto Trinity Street, creation of new terrace seating at Level 4 and a new entrance to Marks & Spencer. The extent of this application is identical to the previous design adjustment application (ref. 20/497/05/FU) approved on 9 January 2006 in relation to Marks & Spencer. This Red Line Plan is identical to the one submitted under planning application ref. 20/497/05/FU, approved in January 2006 and these changes were taken in to amending application 07/06793/FU. Both of these applications, if approved, will be linked to the main extant Trinity East planning permission (07/06793/FU) via a planning condition to ensure that the design adjustments can only be implemented in conjunction with the scheme that is currently approved. This approach has been agreed by officers as an acceptable procedure for handling the proposals. Internal Design Principles Historically, the block contained two important north-south connections via Trinity Street and Bank Street which were lost following redevelopment of the site in the 1970s, the result of which was an area with inadequate linkages and connections to the surrounding streets. These routes have been re-introduced together with a strong east/west connection which is the same layout as the approved scheme for Trinity East. The redevelopment of Trinity East is contained within the established city block. The five principal entrances into the block replicate those of the extant permission with the routes

through and spaces following the lines of movement. The language of creating external building frontages which contain access ways to shop fronts has been developed, with structural columns defining the new built edge, and reinforcing the urban block line. These are elevated in external quality materials to reinforce this ideology and the flooring is also of an external grade with Granite being the preferred option. These routes carved out of the city block create four distinct quarters and merge to form a central public space over three levels. The new buildings forming each quarter have a relationship, a cohesive palette of materials and building language, but each has a distinctive character due to the differing contexts and uses. Lightweight bridges span between the buildings and over the spaces and routes beneath which serve to highlight this distinction. The building which sits immediately to the north of the church has been designed such that the more robust elements of it terminate behind the line of the spire and that the end of this building, which provides the lift access areas, is now a glass sided box. This allows clear views through so that now the entire height of the spire is visible when approaching from the north. This will clearly help to integrate the church in to the scheme to an even greater extent and far more so that existed with the consented scheme It has also been possible to extend the level of retail frontage to the upper level where there is now an almost continuous tier of internal and external terraces which provide seating areas for new food outlets. This adds a new dimension to the way in which this use can be distributed on to the primary facades as well as spaces beneath the roof. Roof Form In working up the detailed construction design of the approved roof form and the shopping environment below, it became apparent and was remarked upon at pre-application presentation, that the approved scheme would create the feel of a shopping mall rather than covered streets in the spirit of Leeds’ traditional arcades. In addition, the approved roof was designed as a partially glazed (partially - due to the need to reduce solar gain) and sealed roof which by its nature constrains the sustainable qualities of the scheme due to the need for mechanical ventilation. As such, BREEAM retail pre-assessments indicated that it would be a challenge for the scheme to secure even a ‘Very Good’ rating. The complexity of the roof form and in particular its weight meant that upon detailed analysis there was a significant design challenge to retain the integrity of the original roof form and its relationship to the spaces below. This was due to the need to create solid elements in the roof and to introduce 2 no. large support columns in the central space. This also meant visibility of the Church Spire and therefore the legibility of the scheme was becoming diluted. The original intention of the roof design was to frame views of the Church spire throughout and this was felt to have been prejudiced. It is also true that the cost of delivering the roof structure had become prohibitive. The new roof links the space and routes between the buildings. A light-weight grid shell form has been chosen to allow large spans with minimal structure (there are no supporting columns at all), creating a backdrop to the buildings and space and allowing clear views through the roof, improving legibility, and particularly making the most of views to the spire of Holy Trinity Church. The grid shell is designed as a loose fit, providing shelter but not fully enclosing the space, thus the buildings need to be constructed with quality external materials as in certain locations they will be open to the elements. A hierarchy has developed whereby the central roof dominates. It is larger and more complex, spanning between, and picking up support from the buildings around the perimeter of the central space. It is edged with a circular section beam which also acts as the drainage mechanism, ducting the water away to ground discreetly through the

supporting legs. These main supports provide the dramatic features at the entrance from Boar Lane and also within the scheme outside the cinema unit where it cascades down to a point at the 3rd level. Work has also been undertaken to provide a comparison between this scheme and the volume of the Corn Exchange. This shows that the two forms are remarkably similar however the proposed roof is marginally higher and has a greater span. Images of this comparison will be available for Members to view at panel. A second, intermediate, roof provides the transition to a simpler barrel vault covering the routes, close in style to the traditional Leeds arcade. Each roof will be formed using the same roofing system and structural member size to ensure a consistency and quality throughout. As the roof form evolved, a motif began to appear, which has been developed to create distinctive entrances at the perimeter of the block, signing the entrances in a manner which is different at each point but from the same family. The flat rooves above the main retail quadrants provides space for both Landlord’s and Tenants’ plant in screened plant areas using a combination of vertical opaque glass panels to all visible areas and solid metal panelling and louvers in less sensitive areas. Briggate Elevation After careful analysis of the existing streetscape in Briggate and the origins of the irregular building plot widths, the concept proposed for the new Briggate frontage is to create two new buildings which flank a light weight glazed entrance to the development. In common with existing buildings in Briggate, the new buildings will introduce variety in terms of materials, massing and form. Their proportions, are intended to form part of the natural rhythm and grain of this part of the street and the choice of high quality natural materials (buff and red sandstone) is designed to complement those surrounding them. These materials will be used to frame large areas of glazing to add life and transparency to the frontages and provide visual interest. At parapet level they will contain balconies used by the new catering uses which have been introduced to this level. These balconies will be joined across the whole of this frontage including the central glazed section which sits above the main entrance and this itself is over-topped by the dramatic extension to the roof structure which sweeps down over the parapet line and terminates on one of the building columns. This feature clearly also provides the opportunity for lighting which will provide even greater visual interest at night. To facilitate this building, two bays of the reproduction building at 33–37 Briggate will be removed, together with that part of 42–44 Briggate (Top Shop) that currently forms the entrance to the Burton Arcade. This requires minor redesigns to each of these remaining ends to ensure that they align with the proposal and successfully terminate their host buildings. No. 33-37 Briggate is a corner building and the reduced length of elevation on the Briggate elevation will be equivalent to that on Boar Lane resulting in the composition continuing to sit well on this corner. Boar Lane Elevation The replacement building for the former C&A/Next unit has to perform a number of functions:

• Sit well within the street scene when viewed from both directions on Boar Lane. • Relate architecturally to the two listed buildings which are its immediate neighbours

as well as the other listed buildings in the area. • Act as an end stop to the area of space in front of the church. • Provide a new frontage to the eastern side of Bank St.

• Allow a sufficient radius to enable articulated service vehicles to be able to exit the service area

It defines a key entrance and is intended to be clearly identifiable on Boar Lane. The originally approved building in this location included a cantilevered overhang which projected over the vehicle access route on it’s western side. It has been concluded that this was a somewhat contrived form and would lead to a clearly visible large soffit area when viewed from Boar Lane. After further analysis of the existing streetscape of Boar Lane and the relationship with Holy Trinity Church, the proposed concept for the new building creates a much simplified curved form which respects the massing and parapet height of adjacent listed buildings which then steps up to the rear to connect to the height of proposed centre (which remains the same as the consented scheme). The primary elevations are of sandstone and are punctuated by large window openings of giant order with recessed frame details within the stone which would be positioned to provide prominent views into the building when approaching from the east and west along Boar Lane, displaying the function of the building and signalling the major retail space beyond. Feature windows to the east and west elevations are designed to give both glimpses in and to pick up on the vertical rhythm of the adjoining buildings. A strong parapet, cornice and opaque glazed floor edge within the openings, reinforce the strong horizontal banding features of the neighbouring buildings. The building has a curved plan form at it’s corners to Bank St and Trinity Street and between these is a linear section which aligns with the established building line of Boar Lane, reinforcing the hard urban edge which characterises this street. A lightweight glazed roof structure is proposed to house a restaurant at third floor level. The glass restaurant frontage is set back from the base to create an external seating terrace overlooking Boar Lane and the landscaped space around Holy Trinity Church. Lightweight solar shading, consisting of alternate solid and glazed louvers and ‘Brise Soleil’ will define the uppermost roof level of the building. A fully glazed ‘conservatory’ extension is located at Level 4 where the restaurant meets the arcade and bridge across the Boar Lane entrance. This main building sits in front of an elevational treatment which runs across the end of Bank St and then continues on the other side of the main southern entrance wrapping around behind the church. This will be finished in a buff coloured masonry rainscreen cladding system and incorporate feature vertical slot windows to pick up on the vertical rhythm of the adjoining buildings. The brick base incorporates an ‘art wall’ and horizontal strip window overlooking the landscaped space, and at high level, a large floor-to-ceiling restaurant window overlooking the church spire. Views of the new Trinity East central space and the retail frontages within and the multiple arcade levels will be visible from Boar Lane. The proposed entrance to the development will be clearly identifiable due to it’s use of the dramatic roof structure to mark its presence. The distinctive roof will oversail the entrance and will sweep down to meet the stepped access from Boar Lane at ground level. These steps are flanked by a glazed balustrade which will contain feature coloured glass art panels which take as their reference the stained glass of the church. Open Space Area to Holy Trinity Church The landscaping proposals around Holy Trinity Church have been designed to create an appropriate setting for the building and a high quality gateway for Trinity East. It will also be enlivened by the active frontages created by 71 Boar Lane at it’s eastern end and the large glazed windows of the main retail building to the west. The smaller area behind the

church will be more protected from Boar Lane and will be a quieter sitting out area associated with a small café unit which will front this space built with a curved frontage to follow the line of the apps. This area has been designated as an ‘arts court’ where both the walls and the ground will be used for the display of temporary arts installations. Surfacing materials for this whole area will include a mixture of three different colours of granite. Light beige and a darker beige around the skirting of the Church with dark grey to the seating and tree planting area. This will be complimented with high quality seating (polished granite) and the planting of three trees to the front of the church which will be in addition to an existing tree which is located behind the apps. Lighting improvements to the public realm are also planned and will fulfil both a public safety and art function. There is also the requirement for the parking of up to 4 vehicles on this forecourt area for church related purposes. This would occur on an occasional basis and is carried forward from the original permission. The layout has been designed to allow this to take place. Works to the area to the south of the church will have to be undertaken carefully to establish whether they would disturb consecrated ground. The conditions applied to the scheme will allow the flexibility required should problems be encountered in this respect. A condition was attached to the original planning permission which required the exploration of the cleaning of the Church. Since this time it has been accepted that the cleaning of Mill Stone Grit buildings often does greater damage to the surface of the material than is acceptable and that the visual uplift gained through the cleaning process is not as good as can be achieved when cleaning other natural materials such as Sandstone or Portland Stone due to the deeper penetration of pollutants. (It gives the appearance of a dirty grey rather than a freshly cleaned sandstone colour) For this reason the stone cleaning condition attached to the original permission will be removed as part of this permission. Entrance to Lands Lane/Commercial St Although the scheme does not extend out onto Commercial Street, the elevation to either side of the reinstated Trinity Street north-south route through the development will mark a major entrance from the north, together with providing a new entrance into the extended Marks & Spencer store at this point. The proposed entrance will be clearly identifiable as being part of Trinity East and again will make use of the dramatic roof structure to mark its presence. Clear views of the curving new Trinity Street arcade and the retail frontages within will be visible from Commercial Street. Views through the arcade roof to the church spire will be a focal point to those entering from this direction. To the east of the entrance, sitting between 34-35 Commercial Street and Marks & Spencer, will be a new frontage to the retained Unit 7/11 Trinity Street, which will be extensively altered and remodelled as part of the development. The front section of this building will be cut-back to provide improved access to Marks & Spencer and the new façade will be finished in the buff colour rainscreen cladding system with a double height shopfront opening. The proposed Trinity Street extension to the existing Marks & Spencer building (which forms the subject of Application 2) will provide a new double-height entrance to the store where it is intended that escalators and a lift will provide public access to both levels. There is also an opportunity to introduce a new external seating terrace to an in-house restaurant facility at second floor level overlooking the Trinity Street arcade. This will have a direct link to the new Trinity East upper level restaurant quarter within the new

development. The extension will be predominantly glazed with buff coloured masonry cladding to pilaster/wall elements and will provide active views from the Trinity Street arcade up and down into Marks & Spencer’s existing ground and first floor trading areas. The same format is proposed for the opposite side of the street where double height glazed retail frontages will unify and complete the street scene and above these will be an external terrace accessed from the new cinema unit. Entrance to Bank Street Like the entrance to Commercial St described above, this entrance is recessed some way down Bank St. There is no roof proposed here but the ground level opening/bridge which existed in the previous scheme is retained (and visually lightened through the use of glazing on its northern side) and this leads directly to the main East/West route through Trinity East which provides the at grade access. The retail units which are part of this application sit along the eastern side of Bank St and will have double-height shopfronts. These will be framed by reconstituted stone pilasters/lintels with granite plinths at ground level. A projecting glazed showcase element will mask the blank ground level frontage to one of the main cores with the walls finished in a buff coloured rain-screen cladding system, complete with metal trims, details and copings. On the western side of Bank St are the rears of two properties which front Albion St (26-34 Albion St, Provincial House). The redevelopment of these is considered by a separate application for planning permission as they are outside the original Trinity East red line site boundary (08/05500/FU). For information, this application would result in the construction of similarly proportioned and detailed double height shop fronts to those proposed on the eastern side of the street to ensure a consistency of approach, a positive retail environment and consequent level of activity that this would bring with it. The scale and massing of the building to the eastern side of Bank St has been much reduced due to the replacement of the 8-storey office building approved as part of the original scheme by the much lower cinema unit. This helps with the proportion of street width to building height and results in a much more comfortable relationship as it will be set back from the main Bank Street frontage at certain points and will be treated in a manner which provides consistency with other elevations. Entrance from Albion St This will utilise the existing entrance point which is located under the bridge link which sits across Albion St. At this stage therefore there will be no obvious physical manifestation out on to Albion St. However, within the opening it is now possible to widen the entrance due to the loss of the existing travelators with the small retail unit beneath it and the current floor gradient will be regraded to form a more gradual rise. This new arrangement will contribute to a sense of openness which is an undoubted improvement to this part of the street scene. Cinema Unit A cinema leisure use has been introduced to replace the office element included in the consented scheme. The cinema is currently shown with four screens ranging from the smallest at approximately 100 seats to the largest at about 220 seats, giving a total seating capacity of circa 600 seats. It is one of the highest and therefore most prominent parts of the scheme and its design has been carefully considered. It is much smaller than the original office building which was proposed in this north western quadrant and will therefore have a reduced impact on the surrounding streets with it’s elevations far less visible. Despite this, considerable work has been undertaken to ensure that the elevations

are respectful of the surrounding buildings and provide a well designed and subtly elevated backdrop to them. This is complicated by the fact that due to the nature of the use there is no requirement for windows on it’s northern and western elevations. This has been achieved by using a grid system with a pattern of granite based ceramic panels mixed with clear and opaque glazed panels. Visual images will be shown to Members at Panel which will make this clear and indicate the extent of the building which will be visible. Internally the double height glazed entrance foyer provides the focal point on the northern side of the central space and to the side of this it is proposed to use a saw tooth metal panel system with integral lighting scheme to provide further visual interest at the highest point of the building. This will also act to draw people in to the upper levels of the development for a use which will extend well after regular retail trading hours have ceased. Vehicle Service Area and Servicing The servicing area is accessed from Boar Lane as in the approved scheme and the applicant has agreed to demarcate the Boar Lane footway width across the widened opening in a contrasting material in order to suggest pedestrian priority. The layout of the service yard has been reviewed/amended to ensure that the layout satisfies the local Highways Authority safety standards. The location of the M&S customer collection facilities have also been re-located. Changes to the layout of retail and remote stores have occurred following design development and the layout and location of service cores (goods lifts and escape/service staircases) has therefore been amended as a result. This also makes provision for mechanical and electrical services and risers and to facilitate the efficient transfer of goods from the basement service area to all units, including the restaurant units at Level 4. Cycle parking has been included within the basement service area for use by staff. A framework travel plan has been submitted for the new cinema use within the scheme details which will be required once the final operator is known and will be required by condition. Accessibility The scheme is accessed at all levels by lifts and escalators. The disabled access ramp previously shown within the entrance steps from Boar Lane up to the central space have been omitted as they did not comply with current DDA regulations as they were too steep. Level access is provided from Boar Lane to the passenger lifts at the base of these new steps and they have also been redesigned to provide more space at the approach to the Church’s western entrance. Seating will be provided throughout the scheme for resting and enjoyment of the spaces and public toilets including baby change, parent and child and disabled facilities will be provided adjacent the cinema entrance. Sustainability The originally approved roof structure brought in to question whether even a BREEAM ‘Very Good’ rating could be achieved due to the levels of mechanical ventilation and smoke extract that would be required. The change to the roof design has resulted in a move to passive smoke extract in the majority of the arcades reducing initial plant installation and any running energy associated with these systems. Due to the low energy use this results in a 20% reduction in carbon emissions compared to the original approval. The result is a scheme which has received a BREEAM ‘Excellent’ rating at the pre-assessment stage. There is no intention to install a Combined Heat and Power system as the applicants have stated that such a system is more appropriate to developments which require significant amounts of heat and power such as office or residential schemes rather than a naturally ventilated retail scheme. Other measures being included are: a range of water efficiency

measures including rainwater recycling and leak detection systems; the use of recycled materials and BRE 'A' rated materials as well as provide a dedicated internal waste separation and management service for recycling. Wind testing A wind tunnel test has been carried out on this scheme using the accepted industry standard classification. This noted that the building is generally built behind existing street frontages with the entrances being set back behind the building lines and are therefore well concealed, which would offer them a degree of protection. The highest part of the building will be a low profile dome which means that wind flow will be less likely to be disturbed and therefore turbulence is less likely to occur. As the roof is now an open structure this will result in a greater degree of air movement within the central space than would have been present with the original more enclosed scheme but this will at no point be to an unacceptable level. The roofs overlapping planes have also been set out to ensure that there is no opening which faces in the direction of the prevailing wind (south westerly). The model was tested without any mitigation measures in place on the surrounding network of streets (e.g. trees, street furniture etc) and therefore these would serve to reduce any wind impact still further and could be added to if subsequently required. Hours of Opening The opening hours of the original scheme ensured that the main link between Boar Lane, Briggate, Bank Street and Albion St would remain open for 24 hours a day and that the Trinity Street link between the central space and Lands Lane past the rear of M&S and all of the upper levels could be closed either at 2100, or at the closing of the last unit on this level whichever was the latter. However, the following has now occurred:

• the cinema use has been introduced to the upper areas of the scheme which would be most likely accessed from Trinity St and therefore this would need to remain open until later;

• there are an increased number of catering units in the upper floors which again will remain open till late and will also require access from all parts of the scheme;

• the non DDA compliant 1:12 ramp to Boar Lane has been replaced by a lift • the ability to seal off the upper floors from the main at grade route to prevent

pedestrians accessing the upper floors is very difficult given that there will be escalators which are clearly still useable when turned off.

• There is a greater emphasis on maintenance and cleaning given the more open nature of the proposal and this will require machinery to operate within the spaces and on the pedestrian routes.

• There is greater public access possible at higher levels of the scheme which increases the possibility of security problems

For these reasons the applicant wishes to change the approach to night-time access. Instead of allowing access for 24 hours a day to one level and closing the other areas of the centre off (although it now transpires that that would have been difficult due to the ability to use escalators when turned off) they now wish to close the whole scheme between 0030 and 0600 each night except for Sunday night when the closing time would be 2300. They have also stated that these would be maximum closure times and could well be reduced depending on the operators who eventually occupy the units. Each of the five access points would be closed using a visually permeable gate so that visibility in to the scheme would still exist and these gates would slide back in to the walls of the

buildings so that they would be discreetly concealed and practically unnoticeable when not in use. Obligations The applicant is retaining the same level of contribution to Public Transport and associated Environmental Improvements as the original scheme (£326,500) and is also to provide £75,000 as a contribution to the surfacing works in Lower Albion St – originally this was intended for Briggate but as this work has now been completed the applicant has agreed to the reallocation. Other obligations to be carried forward relate to employment and training initiatives, shop front design guide, any subsequent variation which may be required to the hours of opening and the travel plan monitoring fee. History of Negotiations: Officers have been in regular negotiations with the applicant throughout 2008 and are now holding regular workshop sessions with the frequency of approximately one per week. Relevant Planning History: The original Trinity East planning permission approved the comprehensive redevelopment of the shopping centre, including Trinity and Burton Arcades. This planning permission (ref. 20/149/03/FU) was granted by LCC on 9 March 2004 subject to planning conditions. The permitted scheme referred to in the Decision Notice was described as ‘3 storey retail development A1, A2, A3 units, public space, pedestrian routes, basement servicing and 8 storey offices’. The approved scheme comprised 32,316 sq m of commercial retail A1,A2,A3 uses and 5,500 sq m of B1 office. This was subject to a S106 Agreement which covered: Public Transport and Infrastructure improvements; public realm contribution to resurfacing Briggate; hours of access through the scheme; employment initiatives; Formulation of a shop front design guide to ensure consistency. Application ref no. 20/149/03/FU was amended through the extension of the rear of the M&S unit by application ref. no. 20/497/05/FU. (the original application for Application 2 – the subject of this report). A Compulsory Purchase Order to assemble the site for redevelopment was made by Leeds City Council in 2005. This was confirmed by the Secretary of State in November 2006 following a Public Inquiry. A further application for planning permission was approved by Leeds City Council on 23 January 2008 ref. P/07/06793/FU (the original application for Application 1 – the subject of this report). This application was for an identical scheme, with an identical red line boundary to that which was approved under planning permission ref. 20/149/03/FU albeit with amended planning conditions to account for the phasing of condition discharge to occur during the construction process. There was also a Deed of Variation to the original S106 Agreement attached to this application and this amended the spending of the £75,000 so that it could be used on Albion St. In 2007, the site was acquired by new owners who have entered into a Partnership (known as Trinity Quarter Developments Ltd) with the owners of the Leeds Plaza Shopping Centre (now referred to as Trinity West) that will enable its integration with Trinity East and the comprehensive redevelopment and improvement of the site as a whole.

Site clearance has now almost completed and officers have discharged all planning conditions attached to the 2004 permission which were required to enable those site clearance works to commence. Statutory Consultations: 08/05201/FU English Heritage: Wish to make no comment on the application. Yorkshire and Humber Assembly: Wish to make no comment on the application. Government Office for Yorkshire and The Humber (GOYH): Do not wish to Call In the application for determination. Yorkshire Forward: Welcome the scheme as it has the potential to make an important contribution towards the urban renaissance of Leeds City Centre. They support the reduction in reliance on the private motor vehicle and the objective of achieving BREEAM Excellent rating and advocate SUDS if possible. However, they go on to add that the scheme is disappointing due to the loss of the original roof (designed by Enric Miralles) which results in a generic shopping centre contrary to an objective of the Regional Economic Strategy which requires individual design and townscape that prevents centres from becoming bland and ‘‘samey ‘’. Environment Agency: No objection subject to conditions 08/05203/FU None requested or received. Non Statutory Consultations: 08/05201/FU Highways Services: The Transport Statement demonstrates that the cinema use results in fewer peak period trips than the original office. The layout of the access point on to Boar lane should minimize difficulties for pedestrians. There is no objection subject to the relevant conditions attached to the original planning permission and one to control the layout to the vehicle access point. City Centre Management: Fully support the application. Public Rights of Way: The original Rights of Way which existed across this site were stopped up after the confirmation of the CPO in November 2006. Licensing: The applicants should be made aware of the City Centre Cumulative Impact Area if they require a license for any of the premises. Health and Environmental Action Service: No objections subject to conditions. Metro: No objection to this revised scheme but highlights the future issues that will be faced on Boar lane in respect of the impact of subsequent development proposals on bus stop location. Yorkshire Water Services: No objection subject to conditions. Main Drainage: No objection subject to conditions

WYAAS: No further comments other than retaining the original archaeological condition attached to the previous consent. 08/05203/FU Highways Services: No impact on Highway safety or on the local highway network. Main Drainage: Do not wish to comment on this application City Centre Management: Fully support the redevelopment of this part of the city. Public/Local Response: 08/05201/FU and 08/05203/FU: A letter of objection has been received from DTZ on behalf of the owners of the Marks and Spencer retail unit: This is because the scheme makes no reference to ‘’how the store will continue to trade during the period when the works take place or how long they are likely to take. If the works take several months and require M and S to be closed then this will clearly be unacceptable’’. The applicant has responded with the following. ‘’ Marks and Spencer will continue to trade throughout the entire construction period of Trinity East and access to the store will be retained via the existing Briggate and Trinity Street entrances throughout.’’ This information has been passed to the objector but no response had been received at the time of writing this report. Officers have received a detailed phasing document which sets out how the M&S unit can be extended but remain open - this utilizes the space within the adjacent vacant unit at 7-11 Trinity St. 08/05201/FU A letter of representation has been received from Leeds Civic Trust stating the following:

• The Trust benefited from a presentation and are mindful of the extant consent. • The loss of the original roof is a ‘’sad but understandable revision but it does bring

with it other benefits to counter the simplification’’. Support the developers wider objectives.

• External elevations are a vast improvement but feel that the scheme still needs something which announces that ‘This is Leeds’.

• Materials and attention to detail will play a key roll in the quality of the scheme including natural stone on key elevations.

• Would prefer a variation to the materials used within the centre rather than one material used throughout.

• Would like to see some of the retail units on the northern side of the church removed completely to open up views of the upper parts of the church from the north as well as the tower.

• The landscaped area needs to be simple and trees should grow from the ground to remove the requirement for planters.

• Wish to see the Bank St service entrance set out to give pedestrians priority rather than vehicles.

• There is a requirement for public seating in addition to those associated with the food outlets.

• Welcome the provision of public streets without doors or the need for artificial ventilation.

• There is ample potential for the provision of public art. • Welcome the replacement of the office building with the cinema unit but note that it

will still form a prominent feature in the street scene and needs to be designed with care.

• Views on to the roof from surrounding taller buildings will need to be carefully considered and there needs to be little sign of louvers.

• Question whether there will be on-site CHP or other energy generating mechanism. These comments were received at a point in the process which enabled them to be taken in to account during design development and this has benefited the scheme in general. In addition the applicant undertook a public exhibition from which a document has been produced setting out a summary of the comments made (there were 50 attendees throughout the period half of which made comment). These can be summarized as follows:

• Good open space. • Keen to ensure that HTC is fit for purpose in to the next century. • The new routes open up the city. • Concerned about security if the centre is open 24 hours. • Interesting design. • Good use of levels. • Won’t date quickly. • Covered street approach is very good. • Very good space around the church. • Roof allows clear views of the spire. • Assistance to fund the interior of the church to make it a multi-use space would be

good. • Could have excavated further to create a car park beneath. • Good that small units will be included. • Roof is fantastic and will encourage shopping during the Winter. • It’s something different for Leeds.

The applicants point out that the process of engagement with adjoining land owners and stakeholders is ongoing and will take place throughout the course of the development and beyond. Planning Policies: PPS1 sets out the overarching policies relating to its key theme of delivering sustainable development. It sets out an integrated approach to planning for sustainable development in order to achieve social inclusion, protection and enhancement of the environment, the prudent use of natural resources and sustainable economic development. PPS6, Planning for Town Centres (March 2005) promotes sustainable development in order to enhance the role of city centres for the benefit of all including planning for their growth and development, promoting and enhancing existing centres by focusing development within them, including retail and leisure facilities, and encouraging a wide range of services and uses. At a regional level, the current statutory Regional Spatial Strategy (RSS) was published by the Government Office for Yorkshire and Humber in May 2008. The RSS places strong emphasis on urban regeneration, economic growth and the protection of the environment, and shows strong preference for the focus of development to be regional centres for a wide range of uses including shopping and entertainment uses.

The Regional Economic Strategy (RES) provides a regional framework for economic development, employment creation, skills and regeneration in a bid to ensure that activity in the region is more clearly focussed. At the heart of the RES is the concept of achieving sustainable development and high quality development that will support urban renaissance, environmental goals and build on the distinctive assets of cities through attracting new private investment. The UDP Review was adopted on 19 July 2006. This document merges the remaining and unaltered parts of the original UDP with the 2006 Review. The Review updates the 2001 Plan in several respects but much of the original 2001 plan remains unchanged. UDP Strategic AimsSA01 To secure the highest possible quality of the environment by protecting existing

good environment and conserving and enhancing where there is scope for improvement including initiating the renewal and restoration of areas of poor environment.

SA05 To ensure modern shopping facilities are accessible to all sections of the community.

SA09 To promote the aspirations of the City Centre to become one of the principle cities In Europe.

UDP Strategy Principles SP04 & 07 Priority given to new transport infrastructure and maintenance and

enhancement of the City Centre. SP08 The role of the City Centre will be enhanced by: an expanding city centre role;

improved environment, transport improvement; provision of primary land use activities and mixed uses within the quarter’s philosophy.

SG04 To ensure that development is consistent with the principles of sustainable development.

General Policies GP05 Development to be subject to usual development control considerations including

environmental, highways and sustainability issues. City Centre CC01 Use of planning obligations to achieve elements of transport strategy,

environmental or community facilities and balance of uses in mixed use schemes. CC03 Character of City Centre maintained by protecting built fabric and style, good

innovative design for new buildings/spaces, upgrading the environment to increase vitality of the Centre.

CC05 Development in setting of Conservation Areas must preserve/enhance character. CC08 New street patterns to reflect grain/traditional street patterns. CC10 Sites of over 0.5 ha to incorporate 20% of site area as public space. CC11 Commitment to more and enhanced pedestrian corridors, and to upgrade streets. CC12 New public space must relate to existing corridors and spaces. CC13 New public spaces – imaginative design, compliment location, attractive,

comfortable, safe and accessible for all. CC14 Must accommodate Supertram proposals.

Retailing The site is located within the Prime Shopping Quarter as set out on the City Centre inset map.

S01 Regional shopping centre status will be promoted. Enhancement of this role to be achieved by:

- consolidation of retailing within the shopping quarter - strategy for environmental improvements

CC29 Sites of more than 0.5 ha or 5,000m2 floorspace should contain uses additional to the main use.

Environmental Policies N12 Development to respect fundamentals of urban design; linked and appropriate

spaces, retain best of the old, high quality new build, respect grain. N13 New build – attractive, normally of contemporary design. N17 All existing details/features of listed buildings contributing to character to be

preserved, repaired, replaced. N19 New building in/adjacent to Conservation Areas should preserve/enhance

character. BD02-05,Quality of design, materials for new buildings, disabled access, location of plant,

amenity space, daylight. BD14 Floodlighting encouraged. Transport T02 New development not permitted unless adequately served by road access, public

transport, cycle access. T05 Safe and secure access for pedestrians/cyclists. T06 Satisfactory access for disabled people and persons with mobility problems. T12 Promotes modern forms of transport.

MAIN ISSUES

Does the new proposal still accord with national, regional and local policy? Is the redesign of the scheme acceptable internally? Is the new roof form acceptable? Is the redesign of the scheme acceptable externally? Is the use, design and massing of the new cinema unit acceptable? Is the scheme unique to Leeds? Is the area of open space around the Holy Trinity Church acceptable? Are the facilities for servicing and the vehicular access point acceptable? Is the level of accessibility acceptable? Is the change in the hours of opening acceptable? Are the sustainable credentials presented by the new scheme acceptable?

APPRAISAL

Policy The proposals will positively contribute to the key aims of PPS1 as it is located in a city centre location and is in close proximity to major public transport nodes offering a choice of means of transport and alternatives to the car. The proposals accord with the aims of PPS6 by providing development in a city centre location on previously-developed land, therefore allowing for an efficient use of land. The proposals will improve the vitality and viability of the Prime Shopping Quarter and the wider city centre as a whole. The proposals will adhere to the strategic aims of the RSS through supporting economic regeneration and growth, promoting urban renaissance and conserving and enhancing natural resources through maximising the use of previously developed land. The development will make a significant contribution towards meeting the requirements of the RSS.

Trinity East is located in the ‘Prime Shopping Quarter’ as defined in the UDP Review and as such will contribute to both city centre and retailing polices which support proposals that will introduce shopping development as the principal use within this quarter. It also identifies leisure as an appropriate use on the basis that it supports the primary use, adds life and vitality throughout the day and does not prejudice the functioning of the area for the principal use. Trinity East will therefore positively contribute to the relevant planning policies and strategic aims of the UDP Review. Internal Design Principles It is considered that the important design principles of the original scheme have been carried forward but that they have been reconsidered in the light of greater experience in design and renaissance thinking. At the same time it has been possible to take advantage of new technologies in structure and carry forward a much stronger sustainability agenda. The fundamental principles of the scheme from the points of access to the surrounding network of street, the routes through the site and the levels changes remain the same. The realignment of retail frontages and an extension of the retail circuits up a level to increase the amount of frontage on offer is considered to be an improvement and takes advantage of a missed opportunity from the original scheme and is acceptable. The requirement to produce an external quality environment has driven the architectural language of the interior design and this will be reinforced by the use of external grade materials. The proposed elevations coupled with the dynamic sweeping plan forms will produce a unique interior which now, due to the transparency and height of the roof, will produce an environment which is considered to be a covered external space rather than an internal mall. The further consideration of the building to the north of the church has produced a design which is far more responsive to it’s location and function and results in a far greater amount of the spire being visible and this amendment is very much welcomed by officers. Therefore the changes that have been made are all considered to be improvements to the original and are acceptable. Roof The rationale for the loss of the approved roof has been set out above and therefore the question is, given the drawbacks in the construction of the original roof that were discovered during detailed design, is the replacement structure as successful when viewed in the context of the of the scheme as a whole? The two main objectives have always been to create the feeling of covered streets and to allow the Church to be visually integrated to the scheme by being able to see it through the roof. What is clear is that, now that the roof can be entirely glazed with no central support structure and that, because of the loose fit design, areas of openness can now be created between the roof sections and around the perimeter, this will contribute to the sense of being in an external space. The new roof achieves this objective to a greater extent that the original. On the second point, as the roof is now entirely glazed with minimal framing and support structure, the views of the church are almost entirely unrestricted, only blocked at the lower levels by the buildings. From most vantage points the spire will be visible and this is also to be welcomed. Officers fully acknowledge the undoubted uniqueness and design quality of the original roof form but consider that for the two reasons set out above the new proposal has advantages over the original and is therefore an acceptable replacement.

External elevations Briggate Elevation: It is considered that this elevation sits well within the Briggate street frontage taking the diverse range of building widths styles as it’s cue, coupling these with appropriate high quality materials and adding large areas of glazing to achieve lightness and visual interest. The two outer, more robust, elements frame the lighter central section and also act as a foil for the roof which manifests itself in a dramatic manner. This is to become a signature for the scheme being used in different ways at the different entrance points but all of a unifying theme to act as a motif. This is considered to be an acceptable feature and one which will act as a focal point and entrance marker for Briggate and the opportunity for lighting could be very dramatic at night. The generation of an upper level balcony is welcomed to add further visual interest and widen the appeal of the scheme. The manner in which the two adjoining buildings are being altered has been carefully considered and is acceptable. Boar Lane: The new building is of an appropriate size and form and now sits well in its context. The foot print of the building responds to the fact that many buildings on Boar Lane have curved and chamfered corners but also need to provide a flat section of street frontage to complete the hard urban edge which exists on both sides of this grand street. This it does successfully and is reinforced by the horizontal features in both the glazing and at eaves level which also responds to the features of the neighbouring buildings. There are large areas of glazing which will make this attractive both during the day and at night when lit as will the curved restaurant roof extension and terrace. The flank elevations to the Church and to Bank Street will both act to make a transition from the large areas of glass on the Boar lane frontage to the vertical slot treatment on the main body of the scheme. The building is now considered to successfully achieve the diverse objectives which it has to fulfil and is acceptable. Entrance to Lands Lane and Commercial St : The proposal to extend the Marks and Spencer unit was part of the original proposal and is still considered to be acceptable in principle. The building line of the extension aligns with the width of the existing gap between the Barratts and Clarks units. This is a logical point to extend too and helps to recreate a new street frontage, especially when considered with the new buildings opposite. This is reinforced by the heights of these new buildings which also align with those of the existing buildings. The roof will be clearly visible from Lands Lane and will present an interesting and inviting 3-dimensional form as it twists and rises up through the scheme. It is possible to view the central space from Lands Lane and this will only add to the visual interest which will be present. The M&S unit will contain a considerable amount of glazing as will the new units opposite and both have the potential for seating at the upper terrace level which will bring greater interest and life to the street scene. This composition of buildings, roof, frontages, heights and elevational treatment coupled with new granite/stone flooring is considered to be very successful and is therefore acceptable. As stated by the applicant, the M&S unit is to remain open during the works and the layout of the area to the Trinity St entrance was controlled by condition on the original permission and this will be retained to ensure that the operation of M&S is not prejudiced by the proposal. Entrance to Bank Street: This route through is considerably improved from the previous scheme as it now has double height retail units on its eastern side and the height of the office building has been removed and replaced by the much lower cinema unit. The bridge

has been considerably visually lightened as well by the introduction of the glazing to the northern side and all of this will assist in the creation of a much better environment than was originally proposed and is therefore acceptable. The changes to the western side of the street at Provincial House are outside the consideration of this application as explained above and if the works to the western side do not take place then the situation will be as it existed for the previous scheme when the rears of the existing buildings would front on to the western side of Bank St. In these circumstances officers have little option than to accept this position but clearly the best solution would be for the western side of the street to be redeveloped as well. Entrance to Albion St: The widening and regrading of this route are welcomed and are acceptable. Cinema Unit: The cinema use is supported by UDPR Policy and this will provide an new type of attraction to the development and also potentially provides a new offer for the city. It is also a use which has a far greater synergy with the other uses within the scheme. The design has been carefully considered and officers are now satisfied that it will appear to be part of it’s immediate surrounding on all of its 4 elevations despite the diversity of each of these frontages. The fact that the massing is considerably less than the original office building is a considerable factor in this conclusion. Open Space Area to Holy Trinity Church: The area around the church is being greatly extended due to the removal of the second access point to the basement servicing area and the open space now wraps around 3 sides of the building and connects to the public footway on Boar Lane. With this increased area, the removal of the large original planters and the fact that there will be two active frontages to either end and the new southern entrance to the development, it is hoped that this will act as a new focal point and space in which to gather and enjoy the better quality environment. This is also the location for existing bus stops and possible future NGT stop thus reinforcing the likelihood that this will act as a hub of activity. The use of a limited number of trees is a response to the desire not to obscure views of the church but to provide some planting in the space and this is acceptable. The surfacing materials proposed are high quality and compatible with the colouring of the Millstone Grit of the church itself. The introduction of better lighting will help to add to the sense of place and improve security along with the increased sense of natural surveillance that will ensue. The ability to park vehicles for church related purposes is carried forward from the original permission and is a reasonable desire given that it is an existing facility. The design of this space is clearly a great improvement, will provide an attractive and appropriately high quality setting for this Grade I Listed building and is, therefore, acceptable. Is the scheme Unique to Leeds The question of whether this proposal represents one which is ‘of Leeds’ rather than a generic ‘could be anywhere’ shopping centre has been raised. In response, officers would make the following points:

• The scheme sits within an existing city block and ties in to the rear of many existing buildings including conservation areas and listed buildings.

• It uses 5 existing access points on to the cities exiting network of streets and recreates some of the traditional routes which existed in this area.

• It uses as its references the best of Leeds’ central features: arcades; covered streets and the Corn Exchange.

• It focuses attention and uses as its point of reference the Holy Trinity Church. • Due to the space over which it spans and the bespoke nature of the roof it is in itself

a unique piece of architecture.

For these reasons Officers consider that this scheme could exist nowhere else and would, therefore, very much be a unique feature to Leeds. Vehicle Service Area The access point to the vehicle servicing area remains the same as that originally approved in terms of width but it is now unfettered by the overhang to the neighbouring building. It allows vehicles to access and egress the service yard without needing to swing out over the opposite side of the carriageway which is important in this sensitive and heavily trafficked section of highway, used by buses, taxi’s service vehicles and is the future line of the NGT. The layout of the surface materials at the entrance point is a matter of detail, however, the applicants intention to use a contrasting material to demarcate the width of the pavement across this opening is welcomed. These are works to be carried out on the public highway which would therefore be controlled by the Highways Authority in any case and the use of other materials further up Bank St would also be controlled. Clearly any materials used would be subject to ensuring that they can withstand the regular use by large service vehicles and the details of these will be controlled by condition. Highways Officers have advised that the layout and capacity of the basement servicing remains capable of accommodating the level of service vehicle use anticipated and cycle parking and is therefore acceptable. Accessibility These applications have presented the opportunity to reconsider the original access arrangements. All levels are linked by lifts and escalators and of course the two main retail levels are at grade with the surrounding network of streets. An improvement of this proposal over the original is that the non DDA compliant 1:12 ramp which originally existed down from the Boar Lane entrance has been replaced with a lift which gives access to all levels within the centre. The provision of public toilets and seating throughout the scheme is welcomed and overall the level of provision is an improvement on the original scheme and is welcomed. Hours of Opening The reasons for the revised arrangements proposed by the applicant are set out above and are based on the practical requirements of running the entire development along with a requirement to maintain security. It is true to say that there is no directly comparable scheme of this size within the city however centres such as the Victoria Quarter and The Light both close down for a period during the night longer than is proposed here and these are smaller and less complex developments which it is assumed require less maintenance. Given that there is an at grade well lit and secure route around the periphery of this site, on public highway the requirement to close the centre for a limited period during the night is considered to be reasonable as is the discreet method proposed for gating the entrances.

Sustainability The current scheme offers the potential for a BREEAM Excellent rating, a far higher standard that the original approval and this is largely due to the structure of the new roof. The main areas of the scheme are naturally ventilated and during the hours of daylight will be naturally illuminated and water efficient systems are being utilised. Officers consider that the building has good sustainable credentials and this aspect is acceptable. Wind Testing The submitted study indicates that the new design will result in an greater level of air movement through the internal space than would have existed in the original scheme but that this increase will not be detrimental to the amenity of it’s users. Officers consider that this simply adds to the whole philosophy of creating covered streets and that it is because of the greater natural air movement that there is no requirement for it’s mechanical ventilation. Both effects are therefore positive and are supported by officers. Externally there is little impact of any significance and the tests were carried out without existing on street mitigation which would lessen any effects still further. Officers are therefore satisfied that the impact on wind flows in the city are acceptable. Responses to issues raised by Members at August pre-application presentation Items raised by Members during the pre-application presentation in August and contained in the minutes of the meeting (appended at the end of this report) are set out below with officer responses based on the scheme as it now stands:

• the overall design of the roof and its lightweight, gossamer-like appearance Response - More information has been submitted on the roof structure and the lightweight nature of the roof form has been reinforced • the effectiveness of the roof line at the Briggate entrance with differing views on this. Response - This roof form has been explored on the Images and officers consider that it is an appropriate expression of the new roof form which uses the motif ‘curved cut-out’ panel to good effect and replaces the originally approved projecting bay. • whether the roof would create a wind tunnel effect Response - The submitted study concludes that a wind tunnel will not be created • the bridges between the retail levels with further detailing needed to produce something less plank-like Response - These structures have been reduced to their absolute minimum and designed in such a way that within the size of void being proposed here they will not look unduly heavy. • whether lifts would be provided between floors Response - Lifts are provided to all floors • toilet provision Response - Public toilets and baby change facilities will be provided • concerns that the multi level shopping centre feel of the interior remained, but an acceptance that an ideal solution to this might not be possible Response - Much of the work undertaken has attempted to move away from a traditional shopping centre and officers now consider that the proposal upholds the principle of covered streets • the massing of the proposed cinema which was seen as an improvement on the office block, but concerns about the viability of this use. Response - The applicant has determined that this unit will fulfil a different roll to the larger multi-screen type facility, will therefore face no direct competition and hence, will generate interest from a different type of customer. It is an appropriate city centre use and will bring people in to the scheme outside normal retail opening hours. It’s use is therefore considered acceptable.

• the design of the former C&A building on Boar Lane, that the previously oval-shaped building was being shown with a ‘blunt’ end, with the previous contoured shape being preferred. Response - Boar Lane is characterised by it’s continuous ‘’back edge of footpath’’ building line (The church being the only exception). The ‘flat end’ is required here to complete this otherwise continuous characteristic of the street * whether the steps from Commercial Street to Boar Lane could be removed. Response - If these were to be removed then the only way of getting from the central space down to Boar Lane would be via a lift and a 3m high retaining wall would also be exposed as a result. Steps were included in the original scheme and therefore there is an acceptance of the principle of their inclusion. • whether the Holy Trinity Church would receive any money from the development Response - The scheme proposes that the entire area around the church is to be increased in size and laid out in high quality new materials, this includes the area around the church’s existing café and shop unit. The lighting of the church is also covered by condition. The church therefore stands to benefit greatly from it’s position adjacent the scheme with it’s profile heightened considerably not least through the greater visibility which it is afforded. In addition, church funding was not included as part of the original application.

The questions specifically asked of Members in the August Panel report received the following responses and officers subsequent comments are made on these and included below:

• that the revisions to the internal streets, spaces and enclosing buildings, combined with the revised roof from were acceptable in general terms but subject to further detailing Response -These have been the subject of considerable further detailing as set out above • that the revised elevations, primarily to Boar Lane and Briggate required further refinement, particularly at Boar Lane and the canopy over Briggate Response - These have been developed and refined as described above • that the new roof form was reasonably acceptable in principle Response - Further detail has been provided and this reinforces the light-weight qualities of the roof structure. • that the integration of the proposed roof form into the Boar Lane, Trinity Street and Briggate entrances was acceptable subject to further refining Response - Further refinement has occurred and these are now considered acceptable • that the design of the proposed two storey leisure use at the north-west corner of the site, was acceptable in principle as a replacement to the approved five storey office building, subject to further details being provided Response - Further details have been provided and officers consider these to be acceptable • that the revised proposals for Bank Street were acceptable in principle Response - Further details have been provided in any case and these are also considered acceptable by officers

Shopping Directive The amount of retail floorspace proposed by the application requires it to be referred for consultation to the Government Office for consultation under the terms of the Town and Country Planning (Shopping Development) (England and Wales) (No.2) Direction 1993 prior to determination. For this reason the officer recommendation is to approve the application in principle and refer to the GOYH. This procedure was also carried out for the

originally approved scheme. The GOYH have already stated that the application will not be called in for determination as set out above. Conclusions This is a complex site and the issues of upgrading the environment and ensuring that it responds to current thinking and practices has been a challenging but fruitful exercise. Officers consider that what has resulted is a high quality proposal which has improved on the originally approved scheme in very many respects. These include: quality of internal and external design; mix of uses; relationship to existing buildings; vibrancy throughout longer period of the day and night and a more sustainable building techniques. The scheme’s concept is drawn from some of the city’s more traditional street environments notably the yards and arcades, other retail developments such as The Victoria Quarter, and The Light but also seeks to provide a unique covered space of the proportions of the Corn Exchange. It seeks to widen the city’s architectural and retailing experience by creating an identifiable Leeds attraction rather than offer the type of enclosed mall environment which already exists in both Leeds city centre and other cities throughout the country. It would, therefore, reinforce both the regional and national status of Leeds to the advantage of both retailers and consumers. In order to maintain this position, the city must constantly strive to improve its environment. It can achieve this, but only through developments which are of such quality that they act as landmarks. Officers consider that this proposal would achieve this objective and Members are therefore asked to agree the recommendation for both of these applications as set out above Background papers: Original planning application for main Trinity Quarter development: ref. no. 20/149/03/FU Application amending conditions of 20/149/03: ref no. 07/06793/FU Extension to the rear of the M&S unit : ref. no. 20/497/05/FU Current application for amendments to 07/06793/FU: ref. no. 08/05201/FU Current application for amendments to 20/497/05/FU: ref. no. 08/05203/FU Minutes of the pre-application presentation to Members by the project architect at panel dated 14th August 2008 33 Trinity Quarter retail development - land bounded by Boar Lane, Briggate, Commercial Street and Albion Street including Bank Street and Burton Arcade LS1 – Presentation. Further to minute 164 of the Plans Panel City Centre meeting held on 21st

May 2008 where Members received a presentation on the latest position on the major retail development known as Trinity East, the Panel received a report by the Chief Planning Officer setting out the latest position and a further presentation on behalf of the developers, which sought to address some of the concerns raised by Members at the previous meeting. A copy of the minutes from the previous meeting were included in the report. Plans, graphics including two walk-throughs and artist’s impressions were displayed at the meeting.

Following on from the concerns raised at the previous meeting regarding the emergence of malls rather than covered streets, to address this issue the design of internal elevations and the roof had been amended. A structural engineer who had worked on prestigious projects such as Waterloo Station, the Eden Project and Wembley Stadium had joined the design team. A review of the plans had shown the site was defined by four quarters and that through new technology in roof design it was possible to create a lightweight grid shell which would sit between the buildings. At some points the roof structure would extend downwards to create an identity for the scheme and provide gaps to naturally ventilate the space below, so enabling the scheme to more easily achieve a BREEAM ‘excellent’ rating and provide better views of Holy Trinity Church to help users with orientation around the development. The developers were of the view that this had provided a solution which retained architectural integrity whilst losing the ‘mallness’ of the earlier designs, although it was stated that further finessing to parts of the design was required. Whilst the consented scheme included an office block, it was proposed to replace this with a cinema use which would be less visually intrusive from Bond Street and Lands Lane. Members commented on the following matters:

• the overall design of the roof and its lightweight, gossamer-like appearance. • the effectiveness of the roof line at the Briggate entrance with differing views on this. • whether the roof would create a wind tunnel effect. • the bridges between the retail levels with further detailing needed to produce something less plank-like. • whether lifts would be provided between floors. • toilet provision. • concerns that the multi level shopping centre feel of the interior remained, but an acceptance that an ideal solution to this might not be possible. • the massing of the proposed cinema which was seen as an improvement on the office block, but concerns about the viability of this use. • the design of the former C&A building on Boar Lane, that the previously oval-shaped building was being shown with a ‘blunt’ end, with the previous contoured shape being preferred. - whether the steps from Commercial Street to Boar Lane could be Removed. • whether the Holy Trinity Church would receive any money from the Development.

The following responses were provided:

• that the Briggate entrance did require further tweaking to achieve the correct balance. • that a wind test would be carried out, but that some wind through the development was required, but at the correct speed to help ventilate the buildings. • that the concerns regarding the appearance of the bridges would be taken on board in the further detailing which was required. • that there was lift provision in the scheme as well as lifts within the individual shop units. • that toilet provision had been included.

• that for the scheme to be commercially viable it was necessary to provide levels of retail space, but with the revisions which had been made, it was hoped the scheme would be seen more as individual buildings, rather than a shopping centre. • regarding the cinema, the acceptance that this needed to be commercially viable but that it was seen as an important element in the mix of uses. • that further detailing of the building on the former C&A site was needed including an appropriate cornice line detail to fit in with the Holy Trinity Church and the opposite building, an acceptance that the balance of stonework and glazing required further consideration but that the blunt end merging into a curve was intentional. • that it was not possible to remove the steps providing access to Boar Lane from Commercial Street. • that Holy Trinity Church had been closely consulted on the benefits it would like to see from the scheme, with their main concern being the restoration of the Tower which had now been carried out from a different funding source. An entrance to the church’s café and forecourt had also been required, and this had been covered within the CPO.

In response to the key issues requiring consideration as set out in the submitted report, the following responses were provided.

• that the revisions to the internal streets, spaces and enclosing buildings, combined with the revised roof from were acceptable in general terms but subject to further detailing. • that the revised elevations, primarily to Boar Lane and Briggate required further refinement, particularly at Boar Lane and the canopy over Briggate. • that the new roof form was reasonably acceptable in principle. • that the integration of the proposed roof form into the Boar Lane, Trinity Street and Briggate entrances was acceptable subject to further Refining. • that the design of the proposed two storey leisure use at the north west corner of the site, was acceptable in principle as a replacement to the approved five storey office building, subject to further details being provided. • that the revised proposals for Bank Street were acceptable in principle.

RESOLVED – To note the report, the presentation and the comments now made.

This map is based upon the Ordnance Survey's Digital data with the permission of the Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office.(c) Unauthorised reproduction infringes Crown Copyright and may led to prosecution or civil proceedings. (c) Crown Copyright. All rights reserved. Leeds City Council O.S. Licence No. - 100019567

PRODUCED BY COMMUNICATIONS, GRAPHICS & MAPPING, LEEDS CITY COUNCIL

Scale 1/1500ICITY CENTRE PANEL

08/05201/FUTrinity Quarter

This map is based upon the Ordnance Survey's Digital data with the permission of the Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office.(c) Unauthorised reproduction infringes Crown Copyright and may led to prosecution or civil proceedings. (c) Crown Copyright. All rights reserved. Leeds City Council O.S. Licence No. - 100019567

PRODUCED BY COMMUNICATIONS, GRAPHICS & MAPPING, LEEDS CITY COUNCIL

Scale 1/1500ICITY CENTRE PANEL

08/05203/FU