whatdotheyknow › request › 224614 › response... · fin.l o€v.bpm.nt profsel councll...

:'r 1.3

t.4

2.1

2.2

^aL.)

2.4

The Landlord shall grant or procure the grant to the Tenant a lease in respect

of the altemative accommodation such lease to be on the same terms as this

lease mutatis mutandis

Refurbishment

2771898.2.LON DOCS 4I

:

fi.,

i. i: :r

Ii...':l

T:'l::i:

\.,i ,'.'rio{li:-.'-t: .

L.r ;

Ati l

1,1 il.::1

Signed as a Deed by ITIIORNFIELDPROPERTIES (WINCHESTER)LIMITEDI acting by a director and itssecretary or two directors

Director

Director/Secretary

The common sealCITY COTJNCILpresence of:-

WINCHESTERaffixed in the

ofwas

;t:: l:'i I

.,.^:

I

,]l;

Citv Secretarv and Solicitor

Ref: 12231065174

2771898.2.LON_DOCS A1

APPENDIX 8

PROGRAMME of WORKS

:l'I

I

:::::l

ii:i.'lllji,

..--....':---r:"

i:-:i

Fin.l o€v.bpm.nt proFsel

Councll o.cislon

Compl.t. l€glt .gr.eocnt

cPo lin rccord$a with 0J.dvic.)Pr€ odd.dt'liesCoundl h€ka! od.r E bluss nollc€s

Pr..nqulry F.p.rsttons

Pr€par! pl.nnl4 docum.ntation

Infr astuclur. investlgatbn!

Suhilplennins

Enfrnm€nlal lmpacl assessmanl

Ptiiriing @siderario;'

Resluuon to grsnl @nsonl

9.{ wks Thu 19/06/03

I ds Mon 25/0&03

10 *s Mon 2203ib4

a70 d.yt Tu. 0t04r05

29 ek! Tu! 05/01/05

0 days Tu€ 2310/05

24 d3 Tu.2a10/05

4l d! Wd 19/04re6

o day3 Wd 07OZo7

3s0 d.y. Tu.04tO1/05

26 *s Tu.04/01/05

13 wks Tua 01rc205

0 days Mon 0{/0?/05

13 ds Tu6 1102/05

5? d! Tu.05/07/os

0 drF T$ 1t/04/06

0 days lue 11/07/06

1162 dayi Mon 30/06/03

35 wks Mon 30nil321.8wks Tu; d4-dtos

3s.2 wk Moi dddaos

52-1 wks Fri 04n3/05

52 wks Mon 06rc1/07

885 d.y! W€d tz07l06

19 *3 Wed 120?/06

26 vits wd 1zd7ro6

iE wk5 Thu 1&lild7

26 wk3 Mon 06n7io9

1390 dryr Tu.04101105

E dr Tu3 04/0U05

6 wk! T!.2m3l0s

6 wkr ru6 fu/65/05

19 wts ftu 1&10/07

6 *! Mo; 18/0il10

26 *s Mon lo/o3/oE

13 *3 Thu 0m207

I wk! Mon 01rc310

i wk3 M;3i/b!iro400 d.yi Tu.1207105

I d! Tu.lz07l05

26 wk Tue 0d09/05

16 wk! W6d 1t0306

6 wb Wd 0S7/06

30 $rs W;d osio-to6

32 wts Thu 0UO3/07

655dtyr Thu lE 10/07

6*s nu 16/10n7

5*r nu lU10/07

13 wks Thu 2911/07

104 sk Mon atoioss5s J;y5 Thu 0&0t07

6 wb Thu 0&207i2 ds Mon 0104/10.

5wk lru t8fl0/07

TEwb nu2g11/07

sss day. Thu 1tJ0,b7

6 wk su 1&10/07

55 *! tu 2911/07

290 d.yr Thu 18fl0r07

6 wks Thu 18/10/07

52 sts Thu 291U07

19i d!y. Fd 15/01n0

0 d;ys Fd 1iov1o

6 wk! Mon ld01/10

26 fr! Mon 12m4/10

180 dry. Thu 08102107

6 d! Thu oidrioT

{ wb Thu 2ro3l0i

26 sb Thu 1904/07

270 dayr Mon 08itz08

14 wks Mon 0&1208

40 Ss Mon 30/03/09

245 dry. Thu 26/07/07

12wk ftu 2d07/07

I $ks Thu 18i10/07

33wks Thu 15/11107

310 days Mon 19/04110

Swks Mon 1904/10

52 wks Mon 2U06/10

825 d;ys Thu 2210207

40 wks h! 22102t07

65wk Mon 1d0209

39 wks Mon 0s0d08

26 wk Mon 0ffi90E

Fti2?0AO3

Fd 24110103

Fd21t1/O4

W.d 0710207

Tu.2a10105

Tu.2t1m5W.d 1904/06

WEd o7nZ07

w€d 07/0207

Tu.11i07/06

Mon 02/0105

FM 6t s$essm€nt byArup

tr sila wk r rqutd by EA

.. D€3i9nA Fo@r. b6st.tlon I 8. Ct D'i

o€sign r i'@.! bbas F.c E H

Daaig; E ir;dr. bbcL A

D€lignlF@rsbbd!EAJ

stag. 2 - Oosr bp rtdyS1.9. 3 - SI. Invalug.tbn!

siia; a - EtabarbAtkd dmdilion

A[.ddmdfiionOIgMAOir bbd a,c t O t bus tl.tlon

0i9 bd E

Dig bdd J

Sbg€ 1(Hy+dqidMd.)lEa€ 2 tlasbillty

Rekle PCT c!n[€ t€mp ofi sfte

Motr l6/0105

Tu. 11/07/06

Tua 11/04/06

Tle 1 1/07/06

Tu€ 15101/08

Fd 27rcn4

Fd o3/0d05

Tu.14/03/06

Tu6 14/03/06

Tu! 1901rcE

Mon iE/01/10

Tus 21l11/06

W.d l7l01/07

Wed lZlOlO?

Mon 18/01/10

Frl 25r05fl0

Mo 2tnzosMon 020il5Mon r3rcdlos

Fd 07/0J06

Fd 2doz10

Frl 0909/08

W.d 0mS7Fd 0m4/10

Fii2ileioThu 08/0207

O.slgn

Phnniq

O.bil d€319n

Peii! i hrwdBB shtlon lniaiat phr..glocl A

R.hl. P*inE/h€sECCW b bus.talbn

O€mollsh qbti4

Con3bct n;

ol SL Cllm.ntt

B rnd upp.. l.v.ls otbu3 gblion

W.d lSil6wd 0s7/0€

T!€

fiu adirdTw€d t7l10/07

Frl

Wad 291

W€d 2U11107

Fri 07re308

in iaogroF?i 2fl05/10

w€d 21rc3/07

Fd 240d10

W.d 26/11/07

Fri 190@9

iri 20r0a09

w€d ii1 il07

Odtsh !:tsti.g

Bbct C

Oamoll$ .rirliE

D

Dcmokh .isrl4coniruci iei

Alock E

Fd !i1208W.d 2&1 U07

Fri otl206Fri 0Ui0/10

Fd tt0r/10

Fd 2d02t10

R.bl. Saimbury3 b a

DlmlBh .:illlry

Fd 0&10,

Rekt. phamacy on sit€ .! lpproprist.

bemotiir irisring

Elock G

Rebto ROAB *b b Enh ol D

o€mlEh t ebuib

Block H

MAS Er.Ms€ to t33-t4E

Prefalbn rcrks b erbtlng

w.d lTho/o7

W.d 2ilo3ioi

w.d 1&04/d7

W€d 17/10/07

Frl l5/01/10

Fti 27t0909

Fd 1a01/10

Frl 11/07/08

Fd t1/0710c

F.iO1l01l11

Fri 2&0510

Fi 01/07/11

Fd 28r0110

wd 2u1v07

ReEt€ FdaEgata Suqery toA

qirisnicr nsv

Highway Wds Friarsgat!

Higtuay Wds MHle 8.@k Sl

HigMay Wds Brodway

HlgMay Wds remaid.r

Fri 2U0g1O

Fri 2U03/09

Fri 20/03/09

Development Programms

ls$! 20 Novnbs 2004

APPEN'DIX 9

SITE PLAN

Wlr$ret otf [hrrncJE{ma OWetrqrtA*n l'forr*[Sradlgr?s!{rtcr,egbrP.trrtr StllJ S+,-:

L};=*

Brod*ray Ft ml-sgate Developrrenl

WinchasterSf,J. F

c*rr:RCfLi+r{)T,.F fFFFF^{F

{fii"lfi "11' rlxl *';| t.re. Eir |?. f r.:r;:.. r, rr Ftti? iafri tt#-tr r

Sn'tTt lnf ! rj.'li$ r.:a!'gnll crrl ftr l r E'T

t lia,{r

*!v*:'t* !tI.{f.SI rr-lltfu rtli"{

\!i

p,

illt'ffi,

I

I

-v

?HJ

fIat

Tg

l

tlT

.---'''- i=;,\t q*\I=-- r9l" -trmntrfii6.i:trli r'ff.w: "4f,r:-+-i' .-'

APPENDIX 10

DEEDS OF COLLATERAL WARRANTY

r::"

:t_af

Architect to GouncilWarrantyrelating to enter DeveloPmentand details of location1

;i:3

f

'.1

:.

:

f̂-'lJ.i

Dated

Architect's Name (1)Council's Name (2)Client's Name (3)

Draft (1): 11 November 2004Ref: 905/A0. 1 0/PCP: 1 83369.Zsael

*s\.\N

erwln \r

2004

i!'.1

j

::.1

;

,,rO

t-.1

i

- i:j

---, ir , ., j' ' i ':i

.1,.:,1

:.I l

SJ b

DATE

PARTIES

ARCHITECT'S NAME [(company numberpartnership whose principal place

COUNCIL'S NAME [(company number

partnership whose principal place

CLIENT'S NAME [(company numberpartnership whose principal

) whose registered office is at / aof business is at

| ("the Architecf')

) whose registered office is at I a

of business is at

I ("the Council")


place of business is at

I ("the Client')

2004:l

.t .. l

:5 .:

I

/'t \\,,,

.,' f (o)

(n,l

WHEREAS

The Contractor has been appointed by the Client to 1[design,] carry out and complete the Works

pursuant to the Main Contract.

The Architect has been appointed by a deed dated date to assist in the design of the

Works.

The Council has entered into the Agreement with the Client relating to the Development.

It is a term of the Agreement and the Appointment that the Architect enters into this Deed with the

\\-/

(D)

PROVISIONS

:i:_

U

i.,il

[: i.i'

li-

Definitions

The following expressions wherever they occur in this Deed shall have the respective meanings

ascribed to them below:

the Agreement

the Appointment

the Contractor

the Development

the Main Contract

the contractor appointed under the Main Contract

the [construction/refurbishmenUother] at [descriptionof propertyl

the agreement in IJCT 1998 i other form] [(Private With

Quantities) / (Private without Quantities) (with Contractot's

Designed Portion Supplement) / With Contractor's Design)

/ other description)l in relation to the Development and

made between the Client and the Contractor

the services provided by the Architect under the

Appointmentthe Services

means the development agreement dated date

made between the Client and the Council

the agreement dated datethe Architect and the Client

and made between

' lf the Contractor has any material design responsibility leave in reference to design

Ref: 905/A0. 1 OiPCP: 1 83369.2/sael

L:1

the Works

Wananty

has the same meaning as under the Main Contract.

The Architect hereby warrants to the Council that in the performance of its obligations under the

Appointment it has exercised and will continue to exercise all the reasonable skill and care

expected of a qualified and competent architect experienced in carrying out work of a similar

nature, size, scope and complexity to the Development'

The Architect shail have no greater liability under this Deed than it would have had if the Council

had been named as the Client under the Appointment'

ln respect of the Services the Council relies or has relied upon the skill and care of the Architect

and no approval perusal or inspection of any plans drawings calculations specifications or

documents of any kind relating to the Works and no approval perusal inspection of the Works by or

on behalf of the Council shall derogate from the obligations of the Architect arising under this

warranty or under the Appointment. The Architect acknowledges that the council will rely or has

relied upon any reports on the progress and condition of the works which the Architect may be

obliged to provide to the Client under the terms of the Appointment' The Architect further

acknowledges that these shall have financial and other consequences for the Council as well as

the Client.

Materials

The Architect warrants and undertakes to the Council, as far as is consistent with the Services'

that the Architect has not and will not specify for incorporation or use or incorporate within the

Development;

i:ii.

2

2.1

2.2

2.3

3

3.1

}

ir :

'.:.'

(a) ,T.::i' materials which are generally known at the time of use to be: i

(ii) tikely adversely to affect durability in the particular circumstances in which they

are useo; or

(b)othersubstancesormaterialsnotinaccordancewith:

(i) British Standards (where applicable);

(ii) codes of Practice; or

(iii) good building Practice.

The Architect shall have regard to the "Good Practice in the selection of construction Materials"

(1997) (Ove AruP & Partners).

Should the Architect become aware that any substance has been used in the Development other

than in accordance with clauses 3.1, and 3.2 above, it will infOrm the council immediately'

Licence

The Aichitect hereby grants to the Council a royalty-free, irrevocable, non-exclusive licence to use

and to reproduce such documents, drawings, and other work and the designs contained in them

produced by the Architect in the course of carrying out his services under the Appointment, for any

purpose whatsoever connected with the Development. Such Licence shall enable the Council and

its appointee to copy and use the documents for the extension of the Development but such use

shall not include a licence to reproduce the designs contained in them for any part of any

extension of the Development and/or for any other development. This licence carries the right for

the council to grant sub-licenses. The Architect shall not be liable for any use by the council or

. --i

t--

'1'l rl

.ri

3.2

I

::'

':::l

rti:t:I:

L

3.3

4

4.1

:l

..:

,,.L

Ref: 905/A0.1 0/PCP: 1 83369.2/sael

l1

4.2

any sub-licensee of any drawings, documents or other work for any purpose other than that for

which they were prepared and provided by the Architect.

The Architect shall, if so requested by the Council at any time, give the Council access to all

documents relevant to the Development and under his control and shall supply copies of any such

documents upon the Council paying or agreeing to pay the Architect's reasonable copying costs.

Assignment

This Deed and the licence contained in it may be assigned twice by the Council without the

consent of the Architect being required and in this Deed references to the Council shall include its

successors and assigns. No further assignments will be permitted without the Architect's prior

written consent, such consent not to be unreasonably withheld or delayed. Notice of any

assignment shall be given to the Architect within 14 days of the assignment taking place,

Step in Rights

The Cou;rcil shall be entitled but not obliged to give the Architect a notice ("Notice of Substitution")

if the Client is in breach of the terms of the Agreement which would allow the Council to bring the

Agreement to an end.

Upon the giving of a Notice of Substitution all obligations of the Architect to the Client under the

Appointment whether in respect of matters arising before or after the giving of a Notice of

Substitution shall be deemed to be obligations to the Council as if it had at all relevant times been

a party to the Appointment in place of the Client.

Upon, but not before, the giving of a Notice of Substitution the Architect shall accept the

lnsurance

The Architect warrants that it presently maintains and shall at all times until the date of the twelfth

anniversary of practical completion of the Works maintain in respect of its obligations under the

Appointment professional indemnity insurance with an underwriter of repute for a minimum level of

cover of f amount for each and every claim [in the aggregate] provided that such

cover is generally available in the United Kingdom market at reasonable premium rates.

The Architect shall within seven days of the date of this warranty and upon any written request,i

produde to the Council satisfactory documentary evidence that such insurance is being

maintained.

The Architect shall as soon as reasonably practicable notify the Council if such insurance cover

ceases to be available or in the reasonable opinion of the Architect is likely to become unavailable

in the market at reasonable premium rates and shall specify the reason or reasons why such an

insurance cover is unavailable or is likely to cease to be available.

IIt, ;i

6

6.1

ol, 6'2.i1l:,.,

{:tt.:lsi

:-l

)..,..

i1:',"tE'l.i

t

t,rt:';

lltlIi

6.3

7.2

7.3

;'i instructions of the Council or its appointee to the exclusion of the Client in respect of the carrying.i':ji.r=.-'----:.r...':r!'r.:+:'!-_1FiiffiF-F)'':t out anE,bompletion of the Services:

(b) if required by the Council upon the terms and conditions of a new contract between the

Architect and the Council in the same terms (as nearly as may be) as those contained in

the APPointment.

6.4 ln the event that the Architect receives a similar notice of substitution from a party acquiring or

financing the Works, then the Architect will at all times give priority to the notice of substitution

received from that PartY.

i t='IL

lrtl

7

7.1

Ref: 905/A0.1 0/PCP:1 83369.Zsael-3-

I8.1

General

Any notice provided for in this Deed shall be duly given if delivered by hand or sent by flrst class

post to the party to whom it is to be given at the address set forth above or at such other address

as the relevant party may specity from time to time by written notice to the other party. lf sent by

first class post, the notice shall be deemed to have been received on the second working day after

the day of posting. lf delivered by hand, it shall be deemed to be received on the date of delivery.

The provisions of this Deed shall not lessen any other duty which the Architect may at any time

owe to the Council in respect of the Development.

Nothing contained in this Deed shall in any way limit the obligations of the Client to the Council

under the Funding Agreement or otherwise undertaken by the Client to the Council in relation to

the Development.

The Architect shall have no liability under this Deed in any proceedings commenced more than

twelve years after the date of practical completion of the Works'

Except as otherwise expressly stated herein, nothing in this Deed confers any rights on any person

(other than the parties hereto and their permitted assigns) pursuant to the Contract (Rights of Third

Parties) Act 1999.

Jurisdiction and APPlicable Law

The parties hereby submit to the jurisdiction of the English courts'

This Deed shall be governed by the laws of England and Wales'

8.2

8.3

t.:-

-rl

i,,l'

'_.1:t., ,:.

-, -- :.1 :;

'':''{

'.1

a!;

:-.1

^,-:l

,'',]

':.)

8.4

8.5

9

9.1

9.2

-tI'ru

i rl,il,:

t-I

t.-,

lIt .:ti

r-it't;;L-

i

L

I

[,,,L.;

.. SIGNED'dhiT UEETVENED ASA DEED for and on behalf of

by:

Director:

Director/SecretarY:

SIGNED and DELIVERED AS

A DEED for and on behalf of

by:

Director:

Director/Secretary:

[.

I

j

I

Ref: 905/A0.1 0/PCP:1 83369.Zsael4-

Engineer to GouncilWarrantYrelating to enter DeveloPmentand details of location

'x

I'1

: 2004

-..

vi

:il

'i;)

Dated

Enginee/s Name (1)

Council's Name (2)Glient's Name (3)

r3:i.:,ia,t:1-}.-trPi:f,i-zirlr:";,o.==:g:-e:***4-.8'm

Dnft (1): 11 November 2004Ref : gbslRo. t o/PCP: 1 E3370'2/sael

I{-i.oii

I(..

t'ilrf::.iL:'

t-ll,tltJ

{

I

I

Itti

f"'t::.

i

I

\Nierwln s

',SJ b

) whose registered office is at / a

.,, , partnership whose principal place of business is at

I i, I ("the Enginee/')

.i e) COUNCIL'S NAME [(company number ) whose registered office is at I a

[,, partnership whose principal place of business is atl1ii. I ("the Council")

,, ,i\ ^ti...;, (o/ w.-IENT'S NAME [(company number ) whose registered otfice is al I a

fiL,.:: partnership whose principal place of business is at':

l

I,- (A) The Contractor has been appointed by the Client to l[design,] carry out and complete the Works

{':,lrlt pursuant to the Main Contract.l;,:i-'' (B) The Engineer has been appointed by a deed dated date to assist in the design of the

' Works.I',,il.ii (C) The Council has entered into the Agreement with the Client relating to the Development'

of the Agreement and the Appointment that the Engineer enters into this Deed with the

lii_ii .i..:: ;i ..ri.:j;:;r;:*'i-.:niii iii:r1:a I iii:'::l

PROVISIONS



the Agreement

: -

''1.-

,,,', S the APPointment:_.1.:.

the Contractor

the Development

the Main Contract

DATE

PARTIES

(1) ENGINEER'S NAME [(company number

WHEREAS

2004

I ("the Client')



the agreement dated date and made between

the Engineer and the Client



the agreement in IJCT 1998 / other form] [(Private With

Quantities) / (Private without Quantities) (with Contractor's

Designed Portion Supplement) i With Contractor's Design)



the services provided by the Engineer under the

Appointment

:

!:

t.'

the Services

2

2.1

the Works

Warranty


The Engineer hereby wanants to the Council that in the performance of its obligations under the

Appointment it has exercised and will continue to exercise all the reasonable skill and care

expected of a qualified and competent engineer experienced in carrying out work of a similar

nature, size, scope and complexity to the Development.

The Engineer shall have no greater liability under this Deed than it would have had if the Council

had been named as the Client under the Appointment.

In respect of the services the Council relies or has relied upon the skill and care of the Engineer

and no approval perusal or inspection of any plans drawings calculations specifications or

documents of any kind relating to the Works and no approval perusal inspection of the Works by or

on behalf of the Council shall derogate from the obligations of the Engineer arising under this

warranty or under the Appointment. The Engineer acknowledges that the Council will rely or has

relied upon any reports on the progress and condition of the Works which the Engineer may be

obliged to provide to the client under the terms of the Appointment. The Engineer further

acknowledges that these shall have financial and other consequences for the Council as well as

the Client.

Materials

The Engineer warrants and undertakes to the Council, as far as is consistent with the Services,

that the Engineer has not and will not specify for incorporation or use or incorporate within the

DeveloPment;

'1,. ::,

ir::;::::::l.::

i

2.2

ii

t 2'3

3

3.1

l:::

-:: :

,r![],

ti

--"'-*...de|eterioustg-brealth.and.safety;'.""-::"'*'

(ii) likely adversely to affect durability in the particular circumstances in which they

are used; or

other substances or materials not in accordance with:




The Engineer shall have regard to the "Good Practice in the Selection of Construction Materials"

(1997) (Ove AruP & Partners).

Should the Engineer become aware that any substance has been used in the Development other

than inraccordance with clauses 3.1 , and 3.2 above, it will inform the Council immediately'

Licence

The Engineer hereby grants to the Council a royalty-free, irrevocable, non-exclusive licence to use

and to reproduce such documents, drawings, and other work and the designs contained in them

produced by the Engineer in the course of carrying out his Services under the Appointment, for

any purpose whatsoever connected with the Development. Such Licence shall enable the Council

and its appointee to copy and use the documents for the extension of the Development but such

use shall not include a licence to reproduce the designs contained in them for any part of any

extension of the Development and/or for any other development. This licence carries the right for

the Council to grant sub-licenses. The Engineer shall not be liable for any use by the Council or

l:, '.1i,. i

,:. ::i

i.:j

(b)

:

r^''-

3.2

3.3

4

4.1

Ref: 905/A0.1 0/PCP:1 83370.Zsael

',,,,' 4.2l'-li,:.:'l; :.

I

L

tTI.F;]'t.-::::.

; ,:: :.:i

lr. ll':,'

.t:snIE

.E-,i!ti:.:.: ^i o.J,:,t,:

ilttr-rIit.. ....,.-,.,,,: :;..-..,:. ..

any sub-licensee of any drawings, documents or other work for any purpose other than that for

which they were prepared and provided by the Engineer'

The Engineer shall, if so requested by the Council at any time, give the Gouncil access to all


documents upon the Council paying or agreeing to pay the Engineer's reasonable copying costs'

Assignment


consent of the Engineer being required and in this Deed references to the Council shall include its

successors and assigns. No further assignments will be permitted without the Engineer's prior


assignment shall be given to the Engineer within 14 days of the assignment taking place.

Step in Rights

The Council shall be entifled but not obliged to give the Engineer a notice ("Notice of Substitution")

if the Client is in breach of the terms of the Agreement which would allow the Council to bring the

Agreement to an end.

Upon the giving of a Notice of substitution all obligations of the Engineer to the client under the

Appointment whether in respect of matters arising before or after the giving of a Notice of

substitution shall be deemed to be obligations to the council as if it had at all relevant times been

a party to the Appointment in place of the Client'

Upon, but not before, the giving of a Notice of Substitution the Engineer shall accept the

instructions of the Council or its appointee to the exclusion of the Client in respect of the carrying

--'EutfiiiiPi


Engineer and the Council in the same terms (as nearly as may be) as those contained in

the APPointment.

ln the event that the Engineer receives a similar notice of substitution from a party acquiring or

financing the Works then the Engineer will at all times give priority to the notice of substitution


lnsurance

The Engineer warrants that it presently maintains and shall at all times until the date of the twelfth

anniversary of practical completion of the works maintain in respect of its obligations under the

Appointment professional indemnity insurance with an underwriter of repute for a minimum level of

cover of ! amount for each and every claim [in the aggregate] provided that such

cover is generally available in the united Kingdom market at reasonable premium rates'

The Engineer shall within seven days of the date of this warranty and upon any written request

produce to the Council satisfactory documentary evidence that such insurance is being

maintained.

The Engineer shall as soon as reasonably practicable notify the Council if such insurance cover

ceases to be available or in the reasonable opinion of the Engineer is likely to become unavailable

in the market at reasonable premium rates and shall specify the reason or reasons why such an

insurance cover is unavailable or is likely to cease to be available.

6

6.1

6.2

6.4

7

7.1

7.2

7.3

F,-rt.. ..

' ..:: :

{

I

II

,1..

i:'i-:: .

Ref : 905/40.1 0/PCP: 1 83370-?sael

-3-

I8.1

General

Any notice provided for in this Deed shall be duly given if delivered by hand or sent by first class


as the relevant party may specify from time to time by written notice to the other party. lf sent by



The provisions of this Deed shall not lessen any other duty which the Engineer may at any time



under the Funding Agreement or otherwise undertaken by the Client to the Council in relation to

the Development.

The Engineer shall have no liability under this Deed in any proceedings commenced more than

twelve years after the date of practical completion of the Works.

8.2

8.4

:

I

lllr

i.

!i:r:'if 'r4r;.lr:i:

:2

,,t t.,:)

I

I

g.5 Except as otherwise expressly stated herein, nothing in this Deed confers any rights on any person

(other than the parties hereto and their permitted assigns) pursuant to the Contracts (Rights of

Third Parties) Act 1999.

9 Jurisdiction and APPlicable Law

g.1 The parties hereby submit to the jurisdiction of the English courts.

g.2 This Deed shall be governed by the laws of England and wales.

'.1"-.*..*"'.fIEGU+EB"A.S+=DEED,bythe.par.ties..the"day,,and yea6-.first before,written..-=-.-- +aiiri n

'iiri':1.ir 11

,r '',]':: l

i:':ttr:: :lii. : :1

i:,1.if: .:

, -.:1

:.:. 1

i.:l

: SIGNED and DELIVERED AS

by:

Director:

Director/Secretary:

I:

Illllir-l

L

It:t-4,,,;



by:

Director:

Director/Secretary:

ORa::

l'l:.:L:t_

I

I

I

t.-_

Ref: 905/A0. 1 0/PCP: 1 83370.Zsael4-

Partner:

Witness Name:

Witness Signature:

Witness Address:

[insert requisite number of partners]

Ref: 905/A0. 1 0/PCP: 1 83370.Zsael-5-

Gontract Adm i n istrat orlEmployer's Agent toCouncil WarrantYrelating to enter DeveloPmentand details of location

i-lt:.-:

Dated 2004

t::l

!

;

'i

-'iit.I

g

i:

.;-,'r-

[::Draft (1): 11 November 2004Ref: 905/A0. I O/PCP: 1 83371 .Zsael ilN

,j. :1

I

sJ berw

Il.'DATE 2004

PARTIES

CONTRACT ADMINISTRATOR/EMPLOYER'S AGENT'S NAME [(company number

) whose registered office is at / a partnership whose principal place of business

tr,;t::1-\r :

| '"l.t, ;.ri,l{:F r::,:L,: ..

;..;t:.j1,t:. .tt:.i i, ,'t:...

I

I.

-.I.-,,l'::-l:r:r '.1t '

(1)

:, j'

t!t,'r:!l

rr:,..'ilI. It.:;

is at

Contract Administrator/Employer's Agenf')

(2) COUNCIL'S NAME [(company number

partnership whose principal

(3) CLIENT'S NAME [(company number

partnership whose PrinciPal

I ("the



| ("the Council")



I ("the Client')



the Contract Administrator/Employer's Agent and the Client



the agreement in UCT 1998 / other forml [(Private With


Designed Portion Supplemen| / With Contractor's Design)



the services provided by the Contract

Adm inistrator/Em ployer's Agent under the Appointment

(B)

WHEREAS

The Contractor has been appointed by the Client to l[design (to the extent set out in the Main

Contract),1 carry out and complete the Works pursuant to the Main Contract.

The Contract Administrator/Employer's Agent has been appointed by a deed dated

date to act as Contract Administrator/Employer's Agent in respect of the Works.


.lt is=,a5tsrrn of the,Agreement.'and"the Appointment that the,Contract'Administrator/Ernployer?s.,,,.'

Agenf'6nters into this Deed with the Council.

OPERATIVE PROVISIONS

Definitions



the Agreement

the Appointment

the Contractor

the Development

the Main Contract

the agreement dated date and made between

the Services

(c)

" (D)

1

[.iI.i.i.. r

,-.

..,a

i.l:l

t lf the Contractor has any material design responsibility leave in reference to design

Ref: 905/40.1 0/PCP: 1 83371 .2/sael

the Works

Warranty


The Contract Administrator/Employer's Agent hereby warrants to the Council that in the

performance of its obligations under the Appointment it has exercised and will continue to exercise

all the reasonable skill and care expected of a qualified and competent Contract

Administrator/Employer's Agent experienced in carrying out work of a similar nature, size, scope

and complexity to the Development.

The Contract Administrator/Employer's Agent shall have no greater liability under this Deed than it

would have had if the Council had been named as the Client under the Appointment.

ln respect of the Services the Council relies or has relied upon the skill and care of the Contract

Administrator/Employer's Agent and no approval perusal or inspection of any reports, calculations,

specifications or documents of any kind relating to the Works and no approval perusal inspection

of the Works by or on behalf of the Council shall derogate from the obligations of the Contract

Administrator/Employer's Agent arising under this warranty or under the Appointment. The

Contract Administrator/Employer's Agent acknowledges that the Council will rely or has relied

upon any reports on the progress and condition of the Works which the Contract

Administrator/Employer's Agent may be obliged to provide to the Client under the terms of the

Appointment. The Contract Administrator/Employer's Agent further acknowledges that these shall

have financial and other consequences for the Council as well as the Client'

Materials

;,::i

2

2.1

2.2

2.3

;

!

'::l

^-,I==lV::i!

.1:n

3

3.1

(i) deleterious to health and safety;

(ii) likely adversely to affect durability in the particular circumstances in which they

are used; or



(ii) codes of practice; or


The Contract Administrator/Employer's Agent shall have regard to the "Good Practice in the

Seleciion of Construction Materials' [1997] (Ove Arup & Partners).','1,,,

should the contract Administrator/Employer's Agent become aware that any substance has been

used in the Development other than in accordance with clauses 3,1, and 3.2 above, he will inform

the C60ncil immediatelY.

Licence

The Contract Administrator/Employer's Agent hereby grants to the Council a royalty-free,

irrevocable, non-exclusive licence to use and to reproduce such specifications, documents, reports

and other work produced by the Contract Administrator/Employer's Agent in the course of carrying

out his Services under the Appointment, for any purpose whatsoever connected with the

Development. Such Licence shall enable the Council and its appointee to copy and use the

documents for the extension of the Development. This licence carries the right for the Council to

(b)

it

t---I.

t,,l::,:

t-l

ti

t

L

3.2

3.3

4

4.1

Il

l'lf':u

I

L,,

Ref: 905/A0. 1 0 lP CP :1 E337 1 .21 sael

grant sub-licenses. The Contracf Administrator/Employer's Agent shall not be liable for any use by

the Council or any sub-licensee of any specifications, documents, reports or other work for any

purpose other than that for which they were prepared and provided by the Contract

Administrator/Employer's Agent.

4.2 The Contract Administrator/Employer's Agent shall, if so requested by the Council at any time, give

the Council access to all documents relevant to the Development and under his control and shall

supply copies of any such documents upon the Council paying or agreeing to pay the Contract

Administrator/Employer's Agent's reasonable copying costs'

-:' 5 Assignment": tltl,,


_1,,,, consent of the Contract Administrator/Employer's Agent being required and in this Deed

i i references to the Council shall include its successors and assigns. No further assignments will be..,:i

,,i,, permitted without the contract Administrator/Employer"s Agent's prior written consent, such

..:,: consent pot to be unreasonably withheld or delayed. Notice of any assignment shall be given to

,., the Contract Administrator/Employer's Agent within 14 days of the assignment taking place'

.::,;,I 6 SteP in Rights

l.j 6.1 The Council shall be entifled but not obtiged to give the Contract Administrator/Employer's Agent a::

,.,,.r notice (,.Notice of substitution") if the client is in breach of the terms of the Agreement which would

to allow the Councilto bring the Agreement to an end'l: J

LJ?,, 6.2 Upon the giving of a Notice of Substitution all obligations of the Contract Administrator/Employer's

, :,, Aoent to the Client under the Appointment whether in respect of matters arising before or after the

f ir---=-*.==*.----o-q';i6s*iFa-Noticeof..Substitution=shall-be=deemed-4o'beobligationsdo*he"Gouneil"as=ifJtsF+a&aLal. - ",:...:=:,,I+l

. . .. ..:.:

.:ireiev.j-h.IiimesbeenapartytotheAppointmentinplaceoftheC|ient..r E_ffi_-_..._*.#

-.-.:.:+.€rr!:.<*..-- iq;-FiF:*€t.tffir.!T+.affiffi-t:ffi--F;l_=_i!n1:-.@#ffiF=E

t 6.3 upffilffi o"roti,':tnJli;ilg ;f ; Noiicb 6r Suoiiiiirtion the contract Administrator/Emploverrs ' -:iI..'.t: Agent shall accept the instructions of the Council or its appointee to the exclusion of the Client in

respectofthecarryingoutandcompletionoftheServices:

(a) upon the terms and conditions of the Appointment; or

(b) if required by the council upon the terms and conditions of a new contract between the

Contract Administrator/Employer's Agent and the Council in the same terms (as nearly

as may be) as those contained in the Appointment'

6.4 In the event that the contract Administrator/Employer's Agent receives a similar notice of

substitution from a party acquiring or financing the works then the contract

Administrator/Employer's Agent will at all times give priority to the notice of substitution received

from that PartY',:,il:i

7 Insurance.' ii.

7.1 Tne iontract Administrator/Employer's Agent warrants that it presently maintains and shall at all

times until the date of the twelfth anniversary of practical completion of the Works maintain in

respect of its obligations under the Appointment professional indemnity insurance with an

underwriter of repute for a minimum level of cover of f amount for each and every

claim [in the aggregate] provided that such cover is generally available in the United Kingdom

market at reasonable premium rates'

7.2 The Contract Administrator/Employer's Agent shall within seven days of the date of this warranty

and upon any written request produce to the Council satisfactory documentary evidence that such

insurance is being maintained.

i

Ref : 905/A0. 1 0/PCP: 1 8337 1.2/sael

7.3 The Contract Administrator/Employer's Agent shall as soon as reasonably practicable notify the ,,i:, Council if such insurance cover ceases to be available or in the reasonable opinion of the Contract il' Administrator/Employer's Agent is likely to become unavailable in the market at reasonable 'l:,

,r premium rates and shall specify the reason or reasons why such an insurance cover is unavailable ,; .

; "r is likely to cease to be available. '

8 General if--,ili 8.1 Any notice provided for in this Deed shall be duly given if delivered by hand or sent by first class

post to the party to whom it is to be given at the address set forth above or at such other address ,,'-,i ?s the relevant party may specify from time to time by written notice to the other party. lf sent by !i_,r

i nrst class post, the notice shall be deemed to have been received on the second working day after

the day of posting. lf delivered by hand, it shall be deemed to be received on the date of delivery. f}- : lrti: 8.2 The provisions of this Deed shall not lessen any other duty which the Contract ir'r Administrator/Employer's Agent may at any time owe to the Council in respect of the Development.

l,i:;:

, 8.3 Nothing contained in this Deed shall in any way limit the obligations of the Client to the Council ' ,

under the Funding Agreement or otherwise undertaken by the Client to the Gouncil in relation to

^-.-.(! the Develoomenr. 1|V:',i A.+ The Contract Administrator/Employer's Agent shall have no liability under this Deed in any 1';':1;;:'-"'

proceedings commenced more than twelve years after the date of practical completion of the 'f1,".'

::j Works. ;l I''i,:-i

.rii'j' 8.5 Except as otherwise expressly stated herein nothing in this Deed confers any rights on any person i..::.

- (other than the parties hereto and their permitted assigns) pursuant to the Contracts (Rights of ,,|.-J

,r;*mem*--*wf.,f1ifd.ffftieS)-ACt=.:1999-+#ffiqffieffi:*trd^.F.::,:#+*Ft*..F>*ii.*.g =i:--=::*F.s=i:1-*:-.-3'=$;

,.-,--,---i.---..--*gi:,#i9-l-g9Ap=p.J9ggl1y: . 1 ., ... .:... :-."==ii&:r.. .:,-,..,,....,:..

,,; 9.1 The pCrties hereby submit to the jurisdiction of the English courts...j

9.2 This Deed shall be governed by the laws of England and Wales.:l

la EXECUTED AS A DEED by the parties the day and year first before written.

:li

jt SIGNED and DELIVERED AS


by:

Director:

Director/Secretary:

ir,.i

r.r ,.Jr j-'r,'i

',::yj

."i,' I

i.:)

Ref: 905/A0. 1 0/PCP:1 83371.2sae1

:,.-.

: SIGNED and DELIVERED AS

i , A DEED for and on behalf ofLi

':'. :

,,, , bV:F

l:::i

Director:

,,. Director/Secretary:

:..ir':i:r:t 1:

-l:.:: :i1it. ;: .-l_.

I : ' ..,t,:l:'+-,

1..:.i rj:-+:i

.L,i

F t,''iLIt'.] oR.l'i :,

il"ll:;i

r:.'; Partner:I,..il_i,:.: i

:r,,,'l Witness Name:'rr

:t:'lrl Witness Signature:

i',,:J Witness Address:

i,'i

t:r.:;l1r,!]_i,t [insert requisite number of partners]

.::;

t,:l:T.

.:

::

ra' ,,:;:, ',:,t::

I

I

t

:.a

It.:-! r,

;.: :j

t ''t't,:

J..,:

: '::1

l. .:.

I

I.

:.::.

t'I.l. :.

:r -:t:

ll.'.!, '

-5-

Contractor to CouncilWarrantyrelating to enter DeveloPmentand details of location;

jiIt

Rtl':j

+

I::i.:l::i

nVit

!

:l

Dated

Contracto/s Name (1)Council's Name (2)Client's Name (3)

2004

ll:, ]I,i::.::::tr':-i

r-,>.

!;:;.,1ili"'r "i,; :ir\\:iii;;idr?C'#.:tFiffi #1F. '=#:AEi*

:1

;-l

I--.:

tLJ

ili:::,i

-i.-rr'- i.iiI:::r:::j

i-::l:,: :i:;: l

i1-:f

::.:./::r)

f.l.ita-i

f-'.'i,.i:t.t-:

Draft (1 ): 1 1 November 2004Ref : 905/A0. 1 0 lPCP"183372.2lsael

-Nerwln

l:r':i

SJ b

DATE

PARTIES

CONTMCTOR'S NAME [(company number

partnership whose principal place of business is

Contractot'')

COUNCIL'S NAME [(company number ) whose registered office is at I a

partnership whose principal place of business is atl ("the Council")

CLIENTTS NAME [(company number ) whose registered office is at I a

partnership whose principal place of business is ail ("the Clienf')

RECITALS

The Contractor has been appointed by the Client to l[design to the extent set out in the Main

Contract, ]carry out and complete the Works.


It is a term of the Agreement and the Main Contract that the Contractor enters into this Deed with

the Council.

OPERATIVE PROVISIONS

2004


atl ("the(1)

(2)

(3)

(A)

i:rr.-i

r' .1

{J!:..i

(B)

(c)

[:::jt:,::"uii.

.;.

tl:I.

-, ':

'a

I.1..,

::, .,' 1 Definitions?:,liili

{l -.-.=.---=:*-":"-'{he-jf.Ellpwing=expressions-.wherever{hey'.ocour'.=in'.this=Eeed"shall-have'.the=r€speetive*rneanings--."-*=,. .J4:ar-:, ascribed to them below:l=::---.-;-;

-:+qp{ft s-:.,:.t:...,.t+

the AgiEement

.:r

the Development

the Main Contract the agreement in [JCT 1998 / other form] [(Private With


Designed Portion Supplemen| / With Contractor's Design)


rnade between the Client and the Contractor

has the same meaning as under the Main Contract.the Works

Warrarty

The Contractor hereby warrants to the Council that

(a) atl obligations under the Main Contract have been and will be complied with;

(b) the construction of the Development is or will be carried out in a good and workmanlike

manner free from all defects;

(c) the construction of the Development when complete shall satisfy any performance

specification or requirement included or referred to in the Main Contract; and

1 lf the Contractor has any material design responsibility leave in reference to design

Ref : 905/40. 1 0 IPCP :'l E337 2.2lsael

means the development agreement dated


the [construction/refurbishmenUothertof propertyl

date

at [description

2

2.1

'. ji

2.2

2.3

.trl

:ijl

a':i

-,;-I:t;t

(d)intheperformanceofitsob|igationsundertheMainContractithasexercisedandwillcontinue to exercise all the reasonable skilt and care expected of a quatified and

competent designer experienced in carrying out work of a similar nature, size, scope and

comPlexitY to the DeveloPment in:

(i) the selection of materials

DeveloPment;tandl

and goods for the whole or any part of the

(ii)thepreparationofp|ansdrawingsanddesignsoranyotherdocumentsassociated therewith['] / [; and

(iii) the design of the Works'l

The contractor shall have no greater liability under this Deed than it would have had if the council

hadbeennamedas"theEmp|oyei'undertheMainContract.

ln respect of the performance of its obligations under the Main contract, the council relies or has

relied upon the skill and care of the contractor and no approval perusal or inspection of any plans

drawings calculations specifications or documents of any kind relating to the Works and no

approval perusal inspection of the Works by or on behalf of the Council shall derogate from the

obligations of the Contractor arising under this warranty or under the Main Contract' The

contractor acknowledges that the council will rely or has relied upon any reports on the progress

and condition of the Works which the Contractor may be obliged to provide to the Client under the

terms of the Main Contract. The Contractor further acknowledges that these shall have financial

andotherconsequencesfortheCounci|aswe|lastheclient.

materials which are generally known at the time of use to be:

(i) deleterious to health and safety;

(ii)like|yadverse|ytoaffectdurabilityintheparticu|arcircumstancesinwhichtheyare used; or




(iii) good building Practice'

The contractor shail have regard to the ,,Good practice in the serection of construction Materials"

(1997) (Ove AruP & Partners)'

shourd the contractor become aware that any substance has been used in the Development other

than in accordance with clauses 3.1, and 3.2 above, he will inform the Council immediately'

Licence

The contractor hereby grants to the council a royalty-free, irrevocable, non-exclusive licence to

use and to reproduce such documents, drawings, and other work and the designs contained in

them produced by the contractor in the course of carrying out the works' for any purpose

whatsoever connected with the Development. such Licence shall enable the council and its

appointee to copy and use the documents for the extension of the Development but such use shall

1..1 1:::!l:: ::j

(a)

'. i

:::i'3.2

t':Il

u

f1iiL.,J

t-il::_r'

I

i

(b)

L

t

3.3

4

4.1

Ref: 905/40.1 0 IPCP:183372-2lsael

-z-

not include a licence to reproduce the designs contained in them for any part of any extension of

the Development and/or for any other development. This licence carries the right for the Council to

grant sub-licences. The Contractor shall not be liable for any use by the Council or any sub-

licensee of any drawings, documents or other work for any purpose other than that for which they

were prepared and provided by the Contractor.

The Contractor shall, if so requested by the Council at any time, give the Council access to all


documents upon the Council paying or agreeing to pay the Contractor's reasonable copying costs'

Assignment


consent of the Contractor being required and in this Deed references to the Council shall include

its successors and assigns. No further assignments will be permitted without the Contractor's prior


assignmgnt shall be given to the Contractor within 14 days of the assignment taking place.

Step in Rights

t;

l-jl-t 3

.::,:f)-l.;i-==-.-.-o,++f.._-=-+=-ea.paRy-'to-theMain.Gontr.act-it=t'.p|aee'of.,the-Glient-'*F'.r-r5i._F.1=F-ffi+ffi ..:+i

i,..".i''J

,.:,,i-.=-.*Q'- 9. ---!P-9!*gI.L9!-99lgg*gr.e-_-qy[9=-o!--1!!91i"e of Substitution the Contractor shall accept the

r ,, instructions of the councit or its appointee tiihE6iJiu;Iffi fifiE'diffit-irilb-$eii-dait-e-a;fii-fs -:.-'=

t:;:il li., out and completion of the Services:

(a) upon the terms and conditions of the Main Contract; or


Contractor and the Council in the same terms (as nearly as may be) as those contained

in the Main Contract.

ln the event that the Contractor receives a similar notice of substitution from a party acquiring or

financing the Works then the Contractor will at all times give priority to the notice of substitution


Insurance

The Contractor warrants that it presently maintains and shall at all times until the date of the twelfth

anniversary of practical Completion of the Works maintain in respect of its obligations under the

Main Contract professional indemnity insurance with an underwriter of repute for a minimum level

of cover of f amount for each and every claim [in the aggregate] provided that

such cover is generally available in the United Kingdom market at reasonable premium rates.

7.2 The contractor shall within seven days of the date of this warranty and upon any written request

produce to the Council satisfactory documentary evidence that such insurance is being

maintained.

2 Delete if there is no design by the contractor & renumber subsequent clauses

-3-

Ref: 905/A0. 1 0/PCP:1 83372.Zsael

4.2

6.1 The council shall be entiiled but not obliged to give the contractor a notice ("Notice of

substitution") if the client is in breach of the terms of the Agreement which would allow the council

to bring the Agreement to an end.

6.2 Upon the giving of a Notice of Substitution all obligations of the Contractor to the Client under the

Main Contract whether in respect of matters arising before or after the giving of a Notice of

Substitution shall be deemed to be obligations to the Council as if it had at all relevant times been

6.4

2T

7,1

7.3 The Contractor shall as soon as reasonably practicable notify the Council if such insurance cover

ceases to be available or in the reasonable opinion of the Contractor is likely to become

unavailable in the market at reasonable premium rates and shall specify the reason or reasons

why such an insurance cover is unavailable or is likely to cease to be available.

General

Any notice provided for in this Deed shall be duly given if delivered by hand or sent by first class


as the relevant party may specify from time to time by written notice to the other party. lf sent by



The provisions of this Deed shall not lessen any other duty which the Contractor may at any time



under the Funding Agreement or otherwise undertaken by the Client in relation to the

Development.

The Contractor shall have no liability under this Deed in any proceedings commenced more than i,twelve years after the date of practical completion of the Works. :

Except as otherwise expressly stated herein nothing in this Deed confers any rights on any person

(other than the parties thereto and their permitted assigns) pursuant to the Contracts (Rights of

Third Parties) Act 1999.

Jurisdiction and Law

9.1 The hereby submit to the jurisdiction of the English courts.

I8.1

o

8.2

8.3

8.4

8.5

r:':i,f,_il ::':l

=_-]*F-:.:.i!-ff::-:::---,::trF--5:='r;i . ;

-'-"*':l:j9,2., ;f trffi i;i;afi Ealitifi ajaruF and Wales.

EXECUTED AS A DEED by the parties the day and year first before written.



by:

Director:

Director/Secretary:. rjlErii

:t'

::r. i



by:

Director:

Director/Secretary:

Ref: 905/40. 1 0 IPCP :1 8337 2.2 sael

i:l-lll:::i!i' ::

I

-

..:

;

t.:i.:

L: .

t';|.",1,': 'ii::i''j r.:+

+



by:

Director:

Director/SecretarY:

OR

Partner:

Witness Name:

Witness Signature:

Witness Address:j:':j

-.1:

. -.:t: i.j

:

l--1

:

l, I

!

I

Ref: 905/A0.1 0/PCP: 1 83372.Zsael

APPENDIX 11

DEED OF COVENANT (ON ASSIGNMENT)

'-,

- ll,.:]

:

illJ:.: tj

f:1,;i

';,;:'l:

:i

lrl1:. j

f,ii. ;il,:i

| :j

:ii:iii

:i:jl

:.,::i

.l

'i

i .j

t!i.!.'-

{'II

1..

t.

Il:.lrL;

t'l r..

1.:'II..[:_

DATED 2OO4

(1) t

'': :..') ':

,;: (2) WINCHESTER CITY COIINCIL

l': '

:1,,'.

[ .:

(-:.:t..t'

%Dechert.*2 Serjeants' Inn, London EC4Y ILT

Tel: 020 7583 5353 Fax: 020 7353 3683

THIS DEED is made

(i) ITHE ASSIGNEEI whose registered office is at I

] a company registered in England under

number I ] ("the Assignee"); and

WINCHESTER CITY COUNCIL of the city offices, colebrook Street

Winchester SO23 9LJ ("the Council").

DEFINITIONS

.In this deed:-

.,the Development Aqreementtt means an agreement entered into on

2004 between (1) the council (2) Thornfield Properties

(winchester) Limited and (3) Thornfield Properties plc relating to inter alia

the proposed development of a site at BroadwaylFriarsgate Winchester

refened to as the "Site.''|n the DeveloPmelt 'tSreemenl *U "

afl_ other expressions used in. the Development Agreement hlve the same

meaning in this deed.

BACKGROUND INFORMATION

This deed is supplemental to the Development Agreement'

Under clause t2l.3l Pa.z.3(c)l of the Development Agreement upon the

assignment of the Development Agreement by the Developer to an assignee a

deed of covenant in the form of this deed is to be entered into and the

-Assignee intends to take such an assignment'

COVENANT

The Assignee covenants with the Council that from the date of the assignment

of the Development Agreement to the Assignee that:

the Assignee will observe and perform all the Developer's obligations

contained in the Development Agreement which remain to be performed at the

date of the assignment of the Development Agreement to the Assignee as if

2004 between:-

'x,

',1;i

.i.:l

(2)

1.1o'l

..

'::i'.1

4

|..:[,tiL;

t:if

f: ',

IT

Iri

lT;1

L

tl,1..,

I ..:

1,..

e::.

I:I

L-

t.2

2.1

)?

?1

2753375.1.LON_DOCS

I.lr it::

they were set out in fuli in this deed and will indemnify the Council against all

costs claims demands and proceedings in connection with any breach non-

observance or non-performance of such obligations Provided that the Council

shall as soon as practicable after receipt of the same notify the Assignee of any

proceedings claims or demands which may be the subject of a claim for

indemnity pursuant to this clause together with details thereof and the Council

shall keep the Assignee reasonably informed of all progress in connection

therewith and provided the Assignee pays all proper and reasonable legal fees

and costs incurred by the Council in connection with any such claims within

28 days of the date of any invoice sent to the Landlord then the Council will

handle such claims in accordance with the Assignee's reasonable requirements

and shall not settle or compromise any such claims without the approval in

writing of the Assignee (such approval not to be unreasonably withheld or

delayed) subject always to the overriding rigbt of the Council to handle settle

or compromise any such claims on the advice of its insurers if it is advised to

do so:

lr:l::.:

,,l,Eri| :.,

-,, ,, '[:i

I:1ilJ

l,l,i

J.

I

I

).2 the Assignee will serve written notice of the assignment (with a certified copy

of the deed of assignment) on the Council.

ASSIGNMENT

The Assignee covenants with the Council that it will not assign the benefit of

the Development Agreement to any other person nor shall the Assignee hold

the benefit of the Development Agreement on trust for any other person other

than (in either case) in accordance with the terms of the Development

Agreement.II

\ :ai i::::

ii:

fillL.: The common seal of [the Assignee] was

affixed in the presence of

Director

Director/Secretary

2753375.1.LON_DOCS

Ref, 1223/065174

2753375.1.LON DOCS

APPENDIX 12

DEED OF COVENANT (TIIE STEP-IN DEED)

l:'t:

F';lrl::i!.'ii

r.:{:J.: -

i..o!rJ

.. :.']

t ,'1TJ

: lir!: : i:

i:: .::::

f :;:'il\I:::: I

ta :t:

l::.i

L,,','i,I

i: :: .::

L'."'|,"[,

rl':i:i::.i

"t'

il.o

i;J

=1:-!-.:{

'J

DATED 2OO4

(1) I

(2) WTNCHESTER CrTY COUNCTL

DEED OF COVENANT

, . ,,, Broadway/Friarsgate*Winchester' :: : !: ,rji : r ., '-:i

'., . (Glause -24,2 3 5):.Appendix. 1 3)

,i i)t.... j

i:-:'!:l::i)' :j:l1:,'.r.i

i.:i--.

1: ::i

t: :

jlr -ll','i

-.-r lii

1r: :-:' |:i.',: i'":. i

.:,

;1'l

: ::r'

_--::!-|:.Yi-:-:j1

. . -.-,,-i:i:i

" ll 'ii..-.1

,i

t,. Y

l:.:

I

II

t-.

1.-a_t. .If'--

It:I

echert*,2 Serjeants'Inn, London EC4Y ILT

Tel: 020 7583 5353 Fax:020 ?353 3683,:i':.. -)

2753346.2.t ON_DOCS

THIS DEED is made 2004 between:-

I , (1) ITIIE FUNDI whose registered office is at tllt-

] a company registered in England

I' under number [ ] ("the Fund'); andI

i : (2) WINCHESTER CITY COUNCIL of City Offices, Colebrook StreetI-it-..:Iir Winchester SO23 9LJ ("the Council").

li tT j r DEFINITIONSl'.;::,

:.. :

| ' In this deed:-L

' -

1 1 "the DeveloDment Agreementtt means an agreement entered into on;-- I.I

I,,1.r,;i 2004 between (1) the Council (2) Thornfield Propertiest.:.,: (Winchester) Limited and (3) Thomfield Properties plc relating to inter aliaE:L:lI-i the proposed development of a site at BroadwayiFriarsgate Winchester

refened to as the "Site" in the Development Agreement; and

1.2 all other expressions used in the Development Agreement have the sarne

1meanine in this deed.

j

- i::.:.. 2 BACKGROUND INFORMATION

,,,. 2.1 This deed is supplementai to the Development Agreement..:l

--.I:-!z::' 2.2 Under clause 24.2.3(b) of the Development Agreement upon a Fund giving

notice of its intention to ca:ry out the Developer's obligations under the

Development Agreement the Fund is to enter into a deed of covenant in the

form of this deed if it has not previously done so.

r ) ? The Fund has been approved by the Council under the Developmentl:I:Agreement and the Fund has glven notice rurder clause 24.2.3@) of the

:.

I ,,' Development Agreement that it intends to carry out the [Preparatory WorksI : and the] Development Works following default by the Developer.

;,

r,

[;. 3 COVENANT|:

:.I

i , :,,

.

':,i r" 2753346.2.LoN Docs 1i-

3.1

=----

4 ASSIGNMENT

The common seal of [the Fund] was affixedin the presence of

Director

Director/Secretary

Ref: 1223/065174

?:l

i

II:

r̂-i

::ll

I

rr:1,,

,..--:,il:i\-'i.;':'::tjF

':l

,,)

F,t-

,..1

2753346.2.LON DOCS

APPENDIX 13

SCHEDULE OF RETAIL RENTS

F::.J.:.i..:i :r:

Oalgleish 't0t'tz20u Page 1

APPENDIX 14

SCI{EDULE OF ACCEPTABLE ACQUISTION VALUES

o

F

r-Iliti

i:.:i:, ii::.:L::r

.rl:i:. l1 ::

i.-i,-:i

.,i.:*::. .'ll

i. r:1

tl

i*-

i.1l::. I

t.:.:ir:;i. :.'!*i

F.r-i i.::: :.-.: J

/i:'i

ii

/.1

APPENDIX 15

SPECIFICATION FOR TIIE COUNCIL'S PREMISES - CCTV ROOM, PARKINGOFFICERS. SHOPMOBTLITY UNIT AND DIAL.A.RIDE SERVICE

,, fF3t.iit.,4l:{,

._. t4-t

it:i:i,i; er\i

LJt\!::t i _

,':.ji r::j

i:.:'.tr*'" i' jt:li'lff1L+il

- tta

i::::,* i"1

,!

.':::::;: '' /

--.r ]

,i}'t

:i::;l

j ,l

i::r:i:::: i- I

iii:.:i:i "''::.i.::::i

!i.\

'.:r,'--' {.'}tl!l.: ..: t'-jt'::.'

::r:i I I

,

lglit:i1iI )':

Council Properlies - Specification

General

Each of the areas is to be designed for separate operations including the individual services with

each capable of independent 24 hour access and security.

The areas are to be handed over in a fully fitted and decorated state [excluding furniture and loose

fittingsl with all services having been commissioned and all building user manuals and as built

drawings.

The choice of materials, systems and design should be such as to achieve a 'very good'or better

BREEAM Office 2003 rating with performance criteria consistent with the British Councilfor Offices

Guide 2000 'Best Practice in the specification for offices'.

Access to the roof of the block is to be reserved for all areas for communications equipment with

suitable riser/conduit for cable routing.

All areas to be constructed and finished to an office standard subject to the variations noted below

to include:

. Painted and plastered walls

. Suspended ceilings with flush category 2 luminaries - lighting to 350 -400 lux with high

frequency ballasts and emergency lighting. Carpet tiled floor finish. Full gas fired central heating with thermostatically controlled radiators. Installation of heat

pumps to provide heating and cooling with filtered fresh air make up if appropriate.. Fire and intruder detection systems. Small power, telecoms and data distribution around the perimeter walls

. Double glazed windows [a minimum of 30% openable] fitted with internal vertical blinds

. Secure -ycle storage facilities available to the occupiers in or adjacent to the block

Area specific items in addition to the above

Parkinq Office lminimum of 250 sq m qross internall

. Ground floor location with direct street frontage

. Public reception lobby

. Secure public counter with 3 service points

. Interview room with direct access to public area and internal office area

. Separate male and female WCs fully tiled

. Kitchenette

. 2 separate partitioned offices

. An area designed to accommodate a safe

-r.:3t'.]l:: a

:.. k*j'':

';:;j l-i::)'t..;lt:1ij: l'L,.

l.:,:r. I i

:::..::. : r::i

{ :: ;j;.;:r

'.:

;; " ll'

ij,.r

.:.su

t!i

ltss- : llt!

,:rO

.t

i..: J

-'i

;

:l ;l,' ''l

+];i::11

1,,;

l:;l.l'

Parkinq Mess Area lminimum of 150 sq m qross internall

. Ground or first floor location'

. Mess/rest area with 2 separate partitioned office off

. Separate male and female WCs fully tiled

. Separate male and female shower/changing rooms fully tiled

. Secure store for machines with separate power supply and sub-metering for charging

machines. Locker room with 30 nos lockers and a drying room area. Kitchen double drainer sink electric cooker point. Two parking spaces Parking Service vans in or adjacent to the block

No requirement for a suspended ceilingCarpet tile in the office and mess/rest area with vinyl sheet cover in the locker, changing and store

areas.

CCTV Control Room lminimum of 100 sq m qross internall

. A secure ground or first floor location

. Main control room with specialist CCTV display consol 30 screens

. Single WC's fully tiled

. Kitchenette

. Secure video viewing room with independent direct access from a public lobby

. Air conditioning to main control room

. Single partitioned office off control room

. Suspended floor for data cabling

. Anti static carpet

The shopmobility facility shall be located at ground floor with level access and will be locate

adjacent to the bus station, dial-a-ride minibus drop off area lay-by and 6 dedicated parking spac€

foi shopmobility users. lf the workshop is provided at first floor level a goods lift will be providir

pedestrian and electric wheelchair/scooter access and egress

The facility to be constructed and finished to an accessible office standard subject to the variations

noted below, to include:

. Carpet tiled floor finish to offices with vinyl sheet cover in the circulation store and workshc

areas. No suspended ceiling in the workshop/store. Upgraded power supply to workshop/store for vehicle recharging. Kitchenette. Automatic entrance doors with access to public reception. Single accessible [disabled] WC to 858300. Single partitioned office plus partitioned photocopierlstore room

10t12t04

C:\Documents and Settings\fmackagLocal Settings\Temporary Intemet Files\OLK17\specification council props-incl shopmo.doc

Printed 1Ol12l2OO4

.:: ixlil:'!j::t,

I'(.;

f!!jiii

i=1i .!.

i .:t(j'

ra'iIli.i

i

'l

i:':::. i I,tri!,l

i:1i, I

f:

;:i.:' "i;:: .i

i,:J,

!7. :.fa:l

f.i?tiif

ft

t';ii

APPENIDIX 16

PLANNING BRIEFr"i

()i '.il_i:;

r-.{

FZf;4t

[.:.1

t ..'ibr;:i

r#tt3

'j

o

ilrlll

rli1

BROADWAYFRIARSGATEPLANNING BRI

i,:IililI

j

FItlaI

tu!

;'

I

@1.0

@2.0

l,

Devel opment Obj ectives

lntroduction

Devel opment objectives

lmage and local distinctiveness

Appropriate urban form

Enhanced environmental quality

A sustainable approach

Involving the public

Background and Analysis

Area covered

1

2

2

2

2

3

3

vI

\

I

5

5

6

6

7

7

8

I

9

10

11

12

12

13

14

15

15

16

BROADWAY FRIARSGATE PLANNING BRIEF

Contents

1.1

1.2

1.3

1.4

1.5

1.6

2.1 The planning vision

2.2 Policy context

2.3 Retail context

2.4 Leisure context

2.5 Residential context

2.6 Office context

2.7 Public transport - Bus Station and facilities

2.8 Parking

2.g Access

2.10 Historicenvironmentstrategyarchaeology

2.11 Flood risk

2.12 Conservation

2.13 Relocation

2.14 Public art

2.15 Community safety issues

2.16 Public realm

2.17 Environmental assessment

Broadway Friarsgate Planning Brief

3.0

3.1

3.2

3.3

3.4

3.5

3.5

3.7

3.8

3.9

3.10

3.11

3.12

3.13

Appendix 1

Appendix 2

Design Framework

Design framework

Urban design context

Views

Public realm

Mix of uses

Height and massing

Development capacity of the site

Flexibility for future change

Phasing

Layout and built form

Landmark and frontages

Building materials

Sustainable design

Design management and review

"t7

17

19

20

22

23

23

24

24

24

25

25

25

26

Extract from Revised Deposit Winchester

District Local Plan Review 2003 29

Extract from Environmental lmpact

Assessment A Guide to Procedures

(Appendix 5 - Office of the Deputy

Prime Minister) 31

Statement of public consultationAppendix 3

Sketch and illustration by Jon Rowland, Urban Design,

B roadway Friarsgate Planni ng Brief

fr

Statement of Public ConsultationThis Planning Brief has been the subject of formal ahd informal consultationscarried out by the City Council over the past four years. Reports on the progress ofthis work were presented to the appropriate Council Committee during this time.

The latest draft Planning Brief was published for consultation on 3 March 2003 witha six-week period of consultation that concluded on 11th April. During this periodthe City Council sought the views of site owners, amenity groups, local residents,young people, local businesses and other stakeholders.

Copies of the draft planning Brief were sent to property owners and keystakeholders, and letters delivered to businesses and residents within the site andin its vicinity. Presentations were made to public meetings of the City of WinchesterTrust, Winchester Town Forum, and Winchester City Centre Par-tnership and tomembers of the Winchester Rotary Club. An exhibition was also provided for youngpeople at the "SNAPS' children's disco in April.

The Council sent out a press release informing the local media of the consultationand publicised the availability of the Brief on the internet. All presentations werewell-attended and the web page recorded over 7000 visits in March 2003 alone (byseparate i ndividuals/organisations).

In response to the consultation, the City Council received comments from over 30different interests, covering a wide range of topics. A detailed summary of theresponses and the changes made as a result can be found in Appendix 1 of ReportWDLPZ1, Broadway Friarsgate Planning Brief, considered and adopted, with somemodification by the Winchester District Local Plan Review Committee on 29 May2003.

On the 25th June 2003, the Planning Brief was adopted at a meeting of the fullCouncil as a background document to the Revised Deposit Winchester District LocalPlan.

I

I

) Broadway Friarsgate Planning Brief

Broadway Friarsgate pl6pning Brief

BROADWAY FRIARSGATE PIANNING BRIEF

[]roadnd) Fr iarsgate llanning Sriel

') *&

.rd

r€ -\R>

\Y

^<o<

;a

8-

3h-

o.EVr

cotro.o?ooo#

,(EO)VIl-G

ll-i\.

(o;37Ef, (U

t9,.jElI.-

o

o

>E e>=4v6eOA ;fi6 ii'

't

z 2,^9 EE 6; uv og x:- ;^ob iF z>z l-t :<< Ylt- =hd=5dE

ul I B

EJ(.)

L)

ci

q)Eoc

c!

(D

;zo

0)

:c.E

ao

=

U)


1.0

PART ONEDevelopment Objectives l

1.0.1

1.0.2

1.0.3

IntroductionThe purpose of this planning brief is to guide redevelopment of that part ofWinchester town centre outlined in Figure 7- The aim is to ensure that the resultingdevelopment achieves the highest standards of architecture, urban design andpublic realm as well as making major positive contributions to the local communityand economy. i

This Brief forms a stepping-stone between the provisions of the Revised DepositWinchester District Local Pfan Review and the detailed requirements of a planningapplication. Following endorsement by the Council this Planning Brief form-sbackground information to the Revised Deposit District Local Plan Reviewpublished in 2003.

This Brief explains in detail the Council's requirements for any developmentproposed in response to the new Proposal kef: RDlL04) of the Revised DepositWinchester Local Plan Review. The City Council published the Revised Deposit Planand has adopted it for development control purposes, but it will not be adopted asthe Council's Statutory Development Plan until the statutory process is completed.The date for this cannot be determined at this stage, as the legislation regardingthe development plan process is likely to change in Spring 2004. EKracts of theRevised Deposit Local Plan relating to retail provision and the Broadway/Friarsgateare attached at Appendix 1 .

until the Local Plan Review has been formally adopted, the development promotedby this Brief will remain a "departure" from the Winchester District Local Planapproved in 1998. Any planning application submitted in accordance with the Briefmay have to be referred to the Office of the Deputy Prime Minister and could be"called-in" and determined by the Deputy Prime Minister.

i 2 Bus Station exit

ac-i6bur!'s on the.E her of MiddleI Drook Stlsilver Hilli

1 View alongMiddle Brook Street

5 Rear of Bus Station


tl

12

1.0.4

1 .0.5

1 .0.6

1.3

1.3.1

1.3.2

The City Council considers, however, that the development recommended by thisBrief is consistent with sound planning principles, and with the interests of thetown and the community as a whole, lt will therefore be willing to work with a

developer or developers proposing to implement development consistent wlth thisBrief in advance of the formal adoption of the Local Plan Review. The Council has

considered all the comments made on the draft Planning Brief and made necessary

changes. A summary of the public consultation exercise that was carried out on thedraft Brief. the comments received and the chanqes made as a result, is containedat Appendix 3.

This Brief updates and takes forward an earlier draft, which was adopted for publicconsultation in June 1999. This Brief takes account of all of the preceding studiesand the results of consultation with the public that have gone before. lt alsoincorporates the results of a great deal of detailed technical work that has beencarried out since the previous draft was prepared,

By following all of the requirements of this Planning Brief the developers of thisproject will ensure that the completed development contributes to the public goodas well as being commercially successful (see Proposal DP1 of the Revised DepositLocal Plan Review).

Development objectivesThe Council requires new development to achieve the following broad developmen*aims and objectives:

lmage and local distinctivenessThe development should provide a distinctive place that will give this part of thetown centre a sense of place and identity. lt should be safe, convenient, attractive,and adaptable to changing needs. lt should provide a range of housing, shopping,leisure, limited office use, parking and perhaps civic and cultural functions. Thesewill reinforce, and be complementary to, the rest of the town centre.

Appropriate urban formDevelopment must be consistent with the Council's policies on sustainability andenergy efficiency, set out in Proposal DP.8 of the Revised Deposit Winchester DistrictLocal Plan Review.

The approach to design and construction should facilitate adaptation over time tomeet changing needs.

1,3.3 Overall residential density should be consistent withGovernment guidance (PPG3), and Proposal DP3 of the^Revised Deposit Local Plan Review.

-,1.3,4 The layout and form should respect and reflect thehistoric character of the area, for example theSaxon/medieval street pattern. lt should be legible andtraditional, using components such as squares andstreets with active frontages, with architecturallandmark features and public art to add richness anddiversity at appropriate locations.

i.4 Enhanced environment1.4.1 The'public realm', the spaces between buildings, should

be designed to compliment the new buildings and thoseto be retained, and provide a lively and attractive setting.The buildings in turn should be designed, or redesigned,to reinforce the distinctive character of the town.

The culverted brooks should be opened up where possible, and the quality o{environment along the banks improved, provided this does not compromise flooddefence measures. Public spaces should be useful and linked. Foundationstructures should maximise the preservation and conservation of survivinga rchaeolooical remains.

6 Culveft at Euskets lane1.4.2

B roadway Friarsgate P lanning Briel

t!

l

t_,/ Broaoway andj Fiarsgate area

- vreweo Tfom

-

+b,e air

Y)

1.5

1.5.1

1 .5.2

A sustainable approachDesign and construction measures should minimise the use of energy and rawmaterials, and provide long-life buildings and public realm.

Design and layout must take into account the location of the site in the floodplainof the River ltchen, and the importance of protecting buildings from flooding, whilenot reducing the storage capacity of the floodplain.

Infrastructure provision should maximise efficiency, including the use of commontrenching, acknowledging the constraints of the floodplain and archaeology

The development should help reduce reliance on car travel and encourage the useof public transport. lt must incorporate an attractive new bus station, and a vehicleand pedestrian network that is safe and secure at all times.

Involving the publicThe development process should build on the success of previous consultationswith the general public and key stakeholders, and the developer will be expected toagree with the City Council a programme of continuing consultation as part of theproject's evolution.

1.5.3

1.5.4

1.6

1.6.1


xt!EIt

IT

I:

-t

I

I'-l

l


PART TWOBackground and Analysisz0

7.0.1Park and Rtde bus inMiddle Brook Street

Area coveredThe Council will require a commitment from the developer to the comprehensiveredevelopment of the area indicated in the site plan (Figure 7), comprisingapproximately two hectares. This is the best way of securing a well-designedscheme, which incorporates the non-commercial elements identified in this Brief.The site includes the'Post Office Site', the Sainsbury's supermarket site and the'BusStation Site'. Any proposal for piecemeal development must be supported by a

master plan demonstrating how it will contribute to the successful development ofthe whole area, and an appropriate contribution to the non-commercial elementsof the brief as a whole. lf existing buildings are to be retained, the Council willexpect their restoration/adaptation to be consistent with, and contribute to, thebroader urban design approach.

The Council may in future seek the redevelopment the Middle Brook StreeVCossackLane surface car park, once the expansion of park and ride facilities on the edge ofthe town has provided alternative long-stay parking. This is likely to provide afurther oppoftunity for mixed-use development, possibly incorporating the re-provision of some short-stay public car parking. Although that site is not part ofthis brief, its proximity and potential influence on the form and design of the southside of Friarsgate should be taken into account.

The Post Office site comprises the Friarsgate multi-storey car park, the Post Officeand Kings Walk. The Bus Station site includes the medical surgeries, the existing BusStation, Coitbury House and the Marks and Spencer warehouse (formerly theWoolstaplers' Hall) and car park.

The area of these sites is bounded by Friarsgate to the north, Middle Brook Streetto the west, Silver Hill and part of Broadway to the south and Busket Lane and theLower Brook to the east.

The planning visionThe Future of Winchester Study (WCC 1999) proposed maintaining Winchester as a'compact city' and making better use of the town, whilst recognising its specialcharacter and protecting its heritage. The redevelopment of the area betweenFriarsgate and Broadway should reflect this.

The Council will require thedevelopment to resolve a number oflongstanding problems in the area andprovide new and upgraded facilities toimprove the appearance and vibrancyof the town's central area. Theseinclude:

r Providing a modern, well-plannedand more passenger-f riendly busstation and closer integration withcommunity transport andS hopmobil ity services;

a removing eyesores and unsightlybuildings;

r providing a wider range of shops and services to meet current and futuredemand;

I strengthening Winchester's niche within the wider retail hierarchy;

creating a more attractive public realm encouraging shoppers and visitors tostay longer;

providing spaces for public use and activity;

2.0.2

2.0.3

2.0.4

9 Park and Ride bus inThe Broadway

2.1

2.1.1

2.1.2

o,

I

I

t u Lyesores anounsightly buildings


2.2

Lt.l

. providing housing that helps meet the needs of the district in this sustairrable

location;

1 providing dwellings of mixed tenure with a substantial component of affordablehousing;

1 providing a boost to the local economy and creating jobs;

3 incorpc-rrating leisure provision, particularly for young people.

Policy contextThere are a number of relevant studies upon which the Brief draws for informationand policy guidance. These include:

I Winchester District Local Plan Review, Revised Deposit Draft 2003

r Central Winchester Urban Design Framework and Planning Brief . Draft for Public

Consultation June 1999, WCC

r Winchester City and its Setting 1998, HCC, WCC and others

. Future of Winchester Study, WCC 1999

. Central Winchester Urban Design Workshops. Final Report, June 1996, WCC

I Central Winchester Study, Llewelyn-Davies, October 1991

. Retail Floorspace Assessment, Llewelyn-Davies 1998

. Winchester Retail Study Nathaniel Lichfield and Partners January 2003

r Hampshire Local Transport Plan 2001-2006 (in particular the WinchesterMovement and Access Plan)

. Winchester Conservation Area Strategy 2002, WCC

r Winchester District Arls Strategy 2001, WCC

. Design Guidance for the Control of Shopfronts & 5igns 1998, WCC

o Achieving a Better Mix in New Housing Developments August 2000, WCC

. Cultural StrategY 2003, WCC.

Retail context

I

Part of the site lies within the Primary Shopping Area defined in the Revised DepositLocal Plan Review. TheWinchester Retail Study, 2003 has concluded that additionalfloorspace will be required in the town centre over the period of the next Local Plan

- to 2011. The identified need will be primarily for comparison goods - up to8,500m' gross, plus a town centre convenience goods store o{ up to 3000m2 gross.

The development site is an appropriate location for such development, taking into Iaccount the sequential test required by Government Policy. While the site is the Jmain opportunityfor meeting this need in the town centre, it will not be feasible ordesirable to meet all of this need here, bearing in mind that the need is in additionto the existing retail floorspace within the site. The Council does not consider thissite capable of satisfactorily accommodating a single convenience goods store ofmore than 3000m' gross. The capacity of the site to accommodate the various

types of shopping provision, and the balance between comparison and convenience

floorspace, should be tested as part of themasterplanning for the site.

The Council wishes to see uses introduced intothe area which will significantly extend therange and quality of retail services offered in

the Town, to compliment and reinforce thecore shopping area, particularly its comparisonshopping role. Within the new development,the Council will expect to see a range of unitsizes to compliment the range found in therest of the town centre, and the inclusion ofA3 (food and drink) uses well-related to newpublic spaces.

1.3

2.3.1

2.3.2

2.3.3

1 1 Retail uses


2.3.4 The street market in Middle Brook Street provides an important facility within theretail centre. Although there is ,no expressed demand for extra pitches in theweekday market at present, the provision of additional public spaces offers thepotential to expand if there is a need in the future.

Revised Deposit Local Plan Review Proposals 5F.1 and 5F.4 propose to reinforce thePrimary Shopping Area while allowing limited change between retail use classes.

Leisure contextThe Council wishes to enhance the role of the town centre as a location for leisureactivities, to increase vitality in the daytime and evenings. To do this it will beappropriate to include leisure uses that are compatible with the location, andviable.

There is demand for, and some commercial interest in providing, a purpose-builtnightclub in the town centre. This site could be an appropriate location for such ause, provided it does not compromise the overall viability of the development. TheCouncil would prefer to see a small or medium size venue meeting the leisure needsof a wide range of local users throughout the week, rather than a large venue openonly at weekends and drawing from a wide catchment.

The town also needs more hotel accommodation, and this site would be anappropriate location for a small hotel of up to 1 50 beds, preferably of three or fourstar standard. Incorporating a hotel would reduce the residential capacity of thesite referred to in para 3.6.2. lt might be appropriateto incorporatethe nightclubor health and fitness club within such a hotel.

Leisure development must also complycharacter of the Conservation Area orpremises.

Residential contextThe Council expects a significant residential component to the development. TheCouncil's Urban Capacity Study (WCC 2001) identified mixed-use developments andhousing above shops as suitable ways of increasing the town's residential capacity,There is a need for more small housing units within the town, and this centrallocation is a good, sustainable location for them. The site has the capacity toprovide at least '100 residential units. The Council expects developers to useinnovative ways of introducing residential uses into the overall scheme, in line withProposal H.2. of the Revised Deposit Local Plan Review

The Winchester Movement and Access Plan (WMAP) has been prepared inpartnership between the city council and Hampshire county council, and formspart of the Local Transport Plan. The County Council, as Local Highway Authorityhas also revised the Hampshire ParkingStrategy and Standards (2002). Both initiativesaim to reduce private car parking provision toa minimum in areas well served by publictransport and close to amenities.

"Car free" housing, and housing with reducedcar parking provision will be encouraged by theCouncil, in accordance with these standards,and the Council will expect to see innovativeideas (such as car-pooling) for reducing carprovision in this location, see Proposal W.6. ofthe Revised Deposit Local Plan Review. TheCouncil considers a maximum private parkingprovision of 50% of dwellings to beappropriate for residential development in thislocation. Provision for storing cycles should beincorporated in the residential components ofthe development, with provision for at leastone cycle per dwelling.

2.3.5

2.4

2.4.1

2.4.2

2.4.3

2.4.4 with Proposal SF.2 in not harmingleading to disturbance away from

thethe

2.5

2.5.1

'l

l

I

?2.5.2

2.5.3

1 2 Marks and SpencersCar Park


2.5,4 The Council will require 35% of dwellings to be affordable. In this location, this is

likely to be housing for social rent only. (See Proposal H.5. of the Revised DepositLocal Plan Review.) Proposal H.7 requires that at least 50% of all units should be oftwo bedrooms (or 70m2) or less. The Council expects to see a range of house typessuch as studios, linked-units, shell-units, 'live-work apartments' and other innovativeforms of housing.

Office contextThe Council does not view this area as a location for major office development.However, within the context of an overall mixed-use development a small amountof office space would be acceptable, particularly if it is to re-provideaccommodation for activities displaced by the development.

The Revised Deposit Local Plan Review Proposal E.3 states that office developmentover 200m2 may be permitted for expansion/relocation of local businesses but mustinclude a Work Travel Plan and avoid additional pressure on supply of affordablehousing.

Public transport -

Bus Station and facilitiesA new bus station is an essential partof the development. The locationand the detailed design of a newfacility should enhance the image andconvenience of using buses, as

envisaged in the Hampshire LocalTransport Plan (LTP) (Hants CountyCouncil 2000). Proposal T.6 of theRevised Deposit Local Plan Reviewsupports the LTP's integratedtransport strategy.

A great deal of work has already beendone on the location, specificationand access arrangements for the newBus Station. These have beendiscussed and agreed with the mainbus operator, Stagecoach, and withHampshire County Council's transportpolicy and public transport teams.The City Council will expect these to be incorporated in the development proposals

ThelocationandareaoftheBusStationissetoutinFigure2. Engineeringstudieshave shown that it is feasible to create a bus station with ingress and egress from/toFriarsgate, in the areas shown in Figure 2, with appropriate traffic management andcontrol measures. Eastbound buses will lose the benefit of an eastbound exit viathe Broadway. To reduce the impact ofthis, the Council proposes an eastboundbus-only lane in Friarsgate between thebus station exit and Eastgate Street, anda right turn facility at this junction forbuses only. Analysis of highwaygeometry and traffic volume indicatesthat this is feasible.

The new Bus Station arrangement willremove the need for buses to travelthrough the mainly pedestrian areas ofparts of the High Street, Middle BrookStreet and Silver Hill. This will introducesubstantial environmental benefits, butwill remove the popular bus boardingpoints in Middle Brook Street and 5ilver

2"6

2.6.1

1 3 Bus Station

14 Area at rear of gus

Station

t.E.t

27

2.7.1

2.7.2

2.7.3 Or

2.7.4


---

:g

'^f

--

0)o

=o

AI

X

Izo

c).oJ

'=

t)

18 to 2024 to 2A

r3tgls ilvg]s-\a

I

I

I

U

r5)a

O,

!o

vlLoB

(o

=.g):EEolhoo.oL

CL

NOtiI

I

IL-Y

-+>-

,1,r*/It+

It38rs Iw$\E

lc

L-i

zFz-.oJ rrl

:\ Jz-)iEBzUUzo ={,u<zs.<

FJZa()o

z

FF(/)U)f

ztFU)ulout0- ,ho2znt-(,90X(ruro

e

o

!

g)illJ

=IuUJ

E-utU)

ToFc03ffE;i,Ha<(nd3ouJ=z@

o

o

0

oI

E

q

I

U)

ch|-c0tu)ril-Yco3=uJ ulzz

-rmG, l8Bvlg


1J tax ranK rn IneBroadway

Hill. The Council expects the new Bus Station to become a much more popularboarding point than the existing Bus Station, but in order to maximise theattractiveness of bus use, proposes two new bus stops in Upper Brook Street.

2J.5 This will require further modifications to the highway and current pedestriancrossing points. Initial highway engineering assessment indicates that these can beaccommodated in the positions shown in Figure 2 without adding to trafficcongestion. (This part of the town centre highway network can be congested atpeak times, or when lanes are blocked by delivery vehicles.)

The Council will expect the full cost of all highway works to be borne by thedeveloper.

The Council will require the Bus Station to incorporate:

r high quality passenger facilities including public toilets, waiting space,information and ticketing, public refreshments, and other relevant facilities,integrated with surrounding shops;

. clear separation of vehicle and pedestrian areas, and safe, easy access ontobuses for all passengers;

. measures to meet the needs of people with disabilities or other mobilityimpairment;

r facilities for drivers and other operational staff;

a good weather protection for passengers;

1 capacity to accommodate existing and future bus services adequately andefficientlywith a minimum of 12 x 12 metre bus bays and 3layover bays;

a accommodation for shopmobility and community transport services (Revised

Deposit Local Plan Proposal DP.4);

. the possible incorporation of the CCTV suite, if it has to be relocated fromMiddle Brook Street as part of the redevelopment;

. convenient set down and pick up facilities for taxis and some other vehicles; and

. direct, safe and convenient pedestrian access to shopping, the Guildhall and therest of the town centre.

The management of the new Bus Station will be the subject of negotiations betweenthe Council, developer, and bus operators, with a view to the City Council takingresponsibility and ensuring it is available to all scheduled buses serving the town.

2.7.6

2.7.t

2.7.8

2.7.9 Pedestrian and vehicular conflict should be minimised, and where it occurs, the

;l[:Jr'#.,"r*1; l i :i"i :T:1 1 :', fl""';:I il ?j;,;J5i 11

u s p r i o r i tv m e a s u res a r o n oA

2.7.10 An easily accessible taxi rank with good links with the Bus Station must beincorporated into the development, to replace, and if possible improve on, thatwhich is likelv to be lost from Silver Hill as a result of the development.

2.8 Parking2.8.1 The Council's parking strategy is to

relocate long stay parking to "Parkand Ride" facilities planned for theentrance points to the town. Publicparking provision within the siteshould be short-stay for shoppersand leisure users, and priced to deterlonger stay 'commuter car parking',see Proposal I.4. Public parkingprovision should include convenientand safe set-down and pick-upfacilities for patients attending theproposed medical facilities.

16 Silver Hill

10 Broadway Friarsgate Planning Brief

o,

2.8.2 The Council will prefer to replace the existing Friarsgate multi-storey public car parkwith new covered parking, subject to an appraisal of the financial implications. Thereplacement parking should meet modern standards of layout and design. Public carparking must be re-provided within the site, but with no more spaces than themaximum that would have been provided by refurbishing the existing structure. Thisis covered further in Para 3.6.3.

2I Access

2.9.1 As part of its aspiration to integrate this area into the surrounding shopping areasand to extend the primary shopping area, the Council will give consideration to theclosure of a number of streets and access points to through traffic, including:

r All or part of Tanner Street which will be the main service access and entranceto the public car park; and

j Silver Hill (although this may have to remain open at times to service smallershop u nits.

2.9.2 The Council will require a Transport Assessment (TA) addressing the traffic impacton junctions, traffic signalling, bus movements, emergency vehicle access and cycleand pedestrian networks. The TA should also indicate the broad balance betweendemand and capacity and justify parking requirements. lt should provide the scopefor Travel Plans to be prepared by future occupiers. The TA will inform the scale andnature of developer contributions which may be required and resolved throughSection 106 and Section 278 Agreements with the City and County Councils.

2.9.3 The scheme should provide off-street servicing for larger retail units. The principalaccess to such areas should be off Tanner Street. Servicing bays must haveadequate capacity for large vehicles to manoeuvre. Some on-street servicing andloading will be acceptable as part of the scheme, but hours of access will berestricted. The impact of service vehicles must be minimised as stated in the RevisedDeposit Local Plan Review Proposal W.7.

2.9.4 Existing and new streets within the development should be designed to be'pedestrian-friendly' using high quality materials.

2.9.5 The development should be designed to encourage greater levels of accessibilitywithin the development and in the town centre as a whole. The developmentshould provide facilities for cycle parking and storage and facilitate links to cycleroutes to and through the town centre.

2,10 Historic environment and archaeology2.10.1 The site has a rich history dating from the original Roman settlement. Roman roads

influence the boundaries of the site on the north, west and south, and a furtherroad ran north south through the site. Roman buildings once fronted these streets,and remains of some are likely to survive. By late Saxon times, north-south roadscrossed the site, with High Street and Silver Hill also in existence. Again these streetfrontages would have been occupied by houses and other structures. In themedieval period, the site remained intensively occupied with tenements andassociated structures. 15th century development included a fulling mill andmillpond. In the 18th century, industry occupied the area, but the only above-ground evidence is the Woolstaplers Hall, now used in part for storage by Marksand Spencer. Malthouse Yard was accessed off Busket Lane and the northern edgeof the site included Forder's Buildings housing coal, slate and timber yards.

2.10.2 New development should take account of the foregoing historical associations bothin the planning and construction stages.

2.10.3 Across the whole site, the streams are evidence of a high water-table in the areathroughout its history. As a result, the surviving archaeological deposits are likely toinclude important and sensitive organic remains - wood, leather; textiles, plants, etc.In this context, any changes to the groundwater levels on the site, caused either byflood alleviation measures or by development, will have archaeological implications.

2.10.4 Following the guidance and procedures set out in PPG16 Archaeology and Planning,and in accordance with Proposals HE.1 and HE.2 of the revised Deposit Local Plan

I

- )

L

I

l

''

i

I

Broadway Friarsgate Planning Brief 11tl

17 Archaeological dig in thetown

1 8 Gateway adjacent to thechapel leads into thepeaceful Iandscapedcouftyard of 5t JohnsHospital almshouses

2.11

2.11.1

2.10.5

Review, the developer will be required to carry out a detailed archaeologicalassessment. This r,vill ascertain the nature and form of the surviving remains in thisvery sensitive paft of the town. lt will highlight any necessity for further moredetailed archaeological evaluations of parts of the site. These evaluations will help

to inform the layout and position of new buildings and the nature and location offoundations. They rnrill also inform discussions and agreements for any mitigationmeasures, both before and during construction.

The preparation and implementation of an agreed programme of archaeologicalworks on such a complex site will be time-consuming. lt must be addressed early,

and in conjunction with the flood risk assessment (see below) to minimise delay anddisruption. The Council would prefer such work to be undertaken by its ownArchaeology Section. The team has unrivalled knowledge of the archaeology of thetown, and having been responsible for the major excavation that preceded theadjacent Brooks Centre development, understands the problems and constraintsthat are likely to be encountered.

Flood riskThe eastern part of the site lies within the Environment Agency's Indicative Flood

Plain of the River ltchen and development proposals will require an agency-approved Flood Risk Assessment following the guidance of PPG25 Developmentand Flood Risk. Development in a functional flood plain must also accord with the aLocal Plan Review Proposals DP.10 and DP. 11.

rJU oLLvrw vvrtrr tr'=

O2.11.2 The Lower Brook passes under Friarsgate from the north and splits into two

branches. One passes under the medical centre, then into a closed culvert before itemerges to the south of the Broadway, with a short section open to the east of theexisting bus station exit. The other branch remains open between the Bus Stationand the rear of the St John's almshouses before entering a culvert under Busket

Lane and the Broadway. The culverts are part of the surface water drainage system

and will continue to perform this function.

2.11.3 lt will be necessary to resolve the flooding issues relating to the site and this part ofthe town centre before any redevelopment proceeds. A detailed survey of site levels

will be required to determine the exact extent of the flood plain and identifymeasures to reduce flood risk. The Revised Deposit Local Plan Review endorses theEnvironment Agency's partnership policy, encouraging developers to join in a

collaborative study seeking a solution to the flood risk in Winchester town centre.Contributing developers would sit on the study Steering Committee'

2.11.4 Flood risk to the site has four components:

. Flooding from the River ltchen, arising from the limited capacity in the main -river channel through the town;

" O

2.11.5

a over-ground flows when the system is surcharged in the town centre;

I surface water drainage into the brooks; and

r ground water levels on the site (the Environment Agency's ltchen SustainabilityStudy is developing a model for ground water prediction).

The Environment Agency's preferred solution is for comprehensive action to themain river and elsewhere. The culverts could then be opened up as amenity areas

as part of the open space network through the site, while still performing a surfacewater drainage function.

ConservationThe town has a wealth of historic buildings and sites. The whole site lies within theWinchester Conservation Area (Proposals HE.4-HE.8). Historic buildings adjacent

include:

. The Grade 1 listed St Johns Room and Chapel in the Broadway, originally a

thirteenth century hospital.

1 A stone gateway adjacent to the chapel leads into the peaceful landscapedcourtyard of 5t Johns Hospital almshouses, which are Grade ll listed.

2,12

2.12.1

tl Broadway Friarsgate Planning Brief

1g The terrace of Georgianhouses on the west wide ofEartgate Street.

20 Mark & Sqencerwarehouse

' 21 The Coach House lnn

A stone and brick wall running along the boundary o{ the bus station is notlisted but is old and attractive. The Council, depending on the design of publicopen space and access, will entertain partial or total demolition to create a

useable public space. Access rights across the land to the east of this wallto/from the almshouses will have to be addressed.

r The terrace of Georgian houses on the west side of Eastgate Street.

r The Marks and Spencer warehouse, formerly the Woolstaplers Hall is not listedbut is a good and sound 19th centurybuilding. lt would be appropriate toremove the later two-storey extension,but the main building should beretained and reused.

I The "Antique Market" building, part ofthe Kings Walk development, is a former19th century warehouse. Although notlisted, it accommodates popular small-scale uses within the town centre. TheCouncil will only permit its demolition ifthe developer can demonstrate thatretaining the building would seriouslycompromise the redevelopment of thispart of the site. lf this proves to be thecase, the Council will require the usesaccommodated in the antiques marketto be offered a similar and suitablealternative location, such as theWoolstaplers Hall, before the building is

removed.

r The Coach House Inn (formerly the IndiaArms) is a listed building in the Broadwayto the south of the Woolstaplers Hall. lthas a yard and stables backing on to the hall, which might provide an additionalaccess route.

. The 19th century Grade ll listed Guildhall opposite the exit from the bus stationis an important building both physically and culturally.

o Other buildings in the Broadway and High Street are important for the contextthey provide for any new development.

2.12.2 The developer will be expected to reflect the key conservation policies of the RevisedDeposit Local Plan Review, in particular Proposals HE.4 - HE.8.

2.12.3 The developer will also be expected to carry out a street character study of thesurrounding area as part of the Design Statement to accompany the planningapplication. This should build on the work of the Winchester Conservation Area5trategy (2002).

2l3 Relocation2.13.1 The Friarsgate Health

Practice and otherhealth uses inFriarsgate will have tobe relocated as part ofthe redevelopment.Although the St.Clements Surgerycould be retained onits present site, theredevelopment wouldbe made easier if it is

,"..t*'rij.-]

:l 22 The Antique Marker

23 The 19th century Grade ll' lirted Guildhall

24 View frcm Lawn Streetlooking towards HealthCentre

Broadway Friarsgate Planning Brief 13

JKETCN /

The Council will expect the developer to incorporate public art as an importantcomponent of the scheme. A Public Art Strategy should be produced early in thedesign of the development, to introduce artistic concepts to the project, enrich the

final scheme and enhance the quality of the final development and the public

realm.

.\

Sketch 7

lmpoftant new publicopen space adjacent tothe refurbishedWoolstaplers Hall

25 fflarsqate fromCossack LaneCar Park

26 Street Market

-- :._\

/'i

relocated. lt is the Council's preference for these uses to be provided for within thenew development. lf this is not possible, alternative sites should be found withinthe town centre.

2.13.2 The Council will expect Post Office Counters and the Council's Parking Office and

CCTV suite to be re-provided as part of the new development, if the option toredevelop the Friarsgate multi-storey car park is taken up.

2.1 3.3 The street market must be able to continue tradingthroughout the construction period. Temporaryrelocation may be considered i{ a suitable town centrelocation can be found. but it should be restored to itscurrent position on completion of the relevant phase ofdevelopment, unless the developer can offer a morecommercially and environmentally attractive solution(see also Para 3.1 .3).

Public aft2.14

2.14.1

14B roadway Friarsgate Pla nning B rief

2.14.2 The City Council attaches great importance to public art as a means of reinforcing

and representing the importance of winchester as the county Town of Hampshire'

and an historictown of international importance. The commitmentto public art in

this development should be established at the outset. The Council expects to see

an artist .pfoint"a as part of the developer's design team. The artists' brief should

include temporary *oik, as part of the construction process (including hoardings)

and early identification of opportunities to incorporate permanent works of art in

buildings and Public spaces'

2.14.3 The Counctl supports a 'percent for art' scheme for such development (Revised

Deposit Local Plan Proposal DP'12)'

2.15 CommunitY safetY

The design and layout of the scheme should promote responsible behaviour and

reduce t[e opportunity for crime. The Council supports Hampshire Police's Design

Against Crime'and secured Car Park initiatives. The town centre is also accredited

,nd", the Home Office Safer Shopping initiative'

if,

27 Public art in Winchester

28 Junction ol UPPet Btookstreet and silvet Hill

29 View of Bus Station fromthe almshouses gardens

2.15.2 Pedestrian spaces and routes should be overlooked by active ground floor uses and

entrances to maximise activity and informal surveillance. Special care must be taken

at service vehicle access points and around the bus station'

2.15.3 The Council has an established cCTV network in the town centre' The developer will

be expected to extend this to cover the new development and adjacent public

realm. fhe developer should liaise with the Council and the Police at an early stage

regarding the design constraints and CCTV requirements' The cost of equipment

and installation will be met by the developer. The costs of monitoring and

maintenance will be the subject of negotiation between the city Council and the

develoPer'

2.16 Public realmThe Council will require a public realm plan to be submitted as part of the planning

application. This should demonstrate ihat the development has been derived from

a'series of linked public routes and spaces throughout the site which reflect the

historic character of the area, and around which the buildings are arranged' The

piun rrrourO show how the internal arrangement of public space connects with

routes and spaces in the wider area. The plan should also provide details of:

. Hard and soft landscaPe

. Public aft

. Lighting

a Street furniture

r Locations for advertising

2.15.1

2.16.1

2.16.3

It,I

I Signs

2.16.2 The Council wishes to see total public accessibility. along existing and. proposed

routes both day .nd nigtrt. These should reflect walking desire lines and provide a

coherent walking routeietwork. The public realm plan should identify the location

of space for act'ivities, such as informal performance space, and 'spill-out' areas'

The historic pattern of development in the town centre

as a whole suggests a series of linked spaces' lt is likely

that some of these will have greater importance than

others. Three key areas have been identified (see Fig 3):

o The junction of Middle Brook Street and Silver Hill;

o Adjacent to the Marks & Spencer warehouse, at the

cuirent egress from the existing bus station;

. A green space next to the river opposite the

almshouses.

B roadway F riarsgate Planning Brief 1q

30 Existing trees ....

31 Friarsgate multi-storeyfrom corner ofMiddlebrook Street

2'16'4 The spaces should provide a comfortable microclimate that encourages year-rounduse, with particular attention to maximising direct sunlight while minimising windturbulence.

2.16.5 A management regime will be required to maintainthese spaces, and to guide the most appropriateuses to the most appropriate locations, This shouldbe integrated into management of town centreevents such as the Hat Fair and Winchester Festival.

2.16.6 All trees within the site are protected by virtue of itsConservation Area status. The Council expectsthose in Friarsgate to be supplemented tostrengthen the ,avenue, character of the street. Forthe proposed open space adjacent to the brookalong the eastern boundary of the site, a morenatural and softer approach may be appropriate.The developer should consider the species of treesto be used to reinforce both the sense of local identity, and indigenous species. Thecouncil's Landscape Architect and Arboriculturalist will provide specialisi advice.

2.17 Land contamination2'17 '1 The site is not identified as likely to be contaminated, but the historic use as a bus ^garage may have led to some ground contamination, and there could U" r.riuul:l

contamination from some historic uses. A desk and site survey will be r"quii"Olo vestablish the nature and extent of any contamination. This .ortd be carried out inassociation with.the archaeological investigations. lf any remedial *ort, arerequired these should also be planned and carried out taking account of thea rchaeological su rvey results.

2'17 '2 The developer should contact the Environment Agency for further guidance onsurvey and remediation.

2.18 Environmentalassessment2'18'1 The Council will require a full Environmental Statement for the development. This

should follow the Town and country Planning (Environmental lmpact Assessment)(England and wales) Regulations (DETR 199t). An indication oi tt," rfop" of unEnvironmental Statement is provided in Appendix 2. The scope will be'formallyagreed between the council and the developer in advance of ifr"- planningapplication.


Sketch 2

The redeveloPment Providesthe oPPortunitY to extend

Sitver Hit! eastwards as an

ertension ta the town's core

shopPing area

PART THREE

Design Framework3,0 Introduction

Sketch 2

.r--'L..t\-r

;

i{'

*-'--= f

3.0.1 This section of the Brief builds on the designanalysis of previous studies and incorporatesdesign principles presented in Governmentguidance and good practice guides from a

variety of agencies.

Urban design contextFriarsgate forms a boundary between towncentre uses to the south and the residentialarea to the north, separated from thedevelopment site by the Cossack Lane publiccar park. The f reestanding block of the formercinema. now the Middle Brook Centre Church,forms a connection between the two. TheFriarsgate multi-storey car park faces theCossack Lane surface car park, which makesthe structure conspicuous and vrsuallyintrusive,

ln the Council's recent study Pote ntial forlncreasing Hausing Densities in WinchesterDistrict (Chesterton and Jon Rowland UrbanDesign 2002), Cossack Lane car park wasidentif ied as a potential mixed-usedevelopment site retaining public car-parking.

Middle Brook Street is an important route forpedestrians from the norlh side of Winchesterto the towncentre. ltssouthern endf orms thewesternboundary ofthe site, andaccommodatesthe street

3.1

3.1.1

o3.1.7

3.1.3

o 32 Pedertrian area ofMiddle Brook Streetlooking towardsCathedral

Pedestrian area ofMiddle Brook Streetlooking north

market, whichis to stay and maY grow.Space for the market tospread along Silver Hillshould be considered.

3.1.4 The Brooks shoPPingcentre has two customerentrances onto thepedestrianised MiddleBrook Street giving access to both ground andbasement shopping levels. The owners of The

Brooks have indicated their intention toimprove public access, particularly from Silver

Hill, and any improvements to Middle BrookStreet and Silver Hill should take this intoaccount.

Silver Hill currently carries one-way traffic f romTanner Street. Both streets are used by

3,1.5

Broadway Friarsgate Planni ng B rief 17

34 Silver Hill

35 Entrance to 8us 5t;tion

18

3.1 .10

3.1 .11 The relocation of theFriarsgate MedicalCentre will providethe opportu nity fordevelopment of thatsite. Most of the emptycorner plot (28 EastgateStreet) may berequired for junctionimprovement works,but any remaining pafiof this site should beincorporated in thedevelopment.

3.1.6

5,1,t

3.1.8

3.1,9

delivery vehicles. Silver t'iill 63r u

tari rank for nine vehicles Theblank side r,,;all of Sainsbury's andthe rear entrances to Kings Walkshops oppcrsite enrpfrasise tlreservice function of the road, whichdoes no1 en( o(lrage pedestriannrclvement alorrg it tcr the CrossKeys Passage connection to theB roadway Redevel o p mentprovides the opportunity to extendSilver llill as an extension to thetor,rin centre's core shopping area,extending it onto the bus stationsite to link with a new pedestrianentrance at the current bus stationexit. The taxi rank will have to bere-provided elsewhere within easyaccess o{ both the newdevelopment and the coreshopping area, with at least as

many spaces as at present.

To the east the existing bus station backs onto the brook and the rear of the 5tJohn's Hospital almshouses. Removing this conflict of uses and replacing it with a

nlore sympathetic, primarily residential, development is a high priority. There is anopporlunity to open up a pedestrian link between Busket Lane and Friarsgaterunning along the riverside as part of a new public space.

The location of the new Bus Station on the sites of Coitbury House and the medicalcentre requires its design to reflect its importance as an important functional andvisual gateway to the town centre.

The exit from the existing Bus Station to the Broadway provides an opening in theotherwise continuous frontage of buildings directly opposite the entrance to theGuildhall. The relocation of the Bus Station provides an opportunity for a newpedestrian route into/from the Broadway opposite this important landmark. Anydevelopment of this part of the site should protect and make the most of thisimportant view.

The redevelopment of buildings on either side of the current Bus Station exit is

acceptable in principle, but the Council does not consider it an essential componentof the development. Any such proposal should respect the height, massing and mixof styles of the remainder of this important frontage. OThe removal of buses from the Broadway following the provision of the new BusStation provides an opportunity to review the role of the Broadway and upgradethe streetscape and pedestrian facilities. This should be incorporated in the publicrealm design for the new development.

B roadway F ri a rsgate P la n n i ng B rief

3.2

3.2.1

ViewsThere is a fine view of the Cathedral looking south down Middle Brook Street. Thetrees in the pedestrian area partially obscure the view when in leaf in summer. Aslight widening of Middle Brook Street to the east would open up the view whileretaining the trees.

Looking east along Broadway to the junction of Eastgate Street, buildings areframed by the dense tree canopy on St. Giles Hill. The development should makethe most of this view along the extended Silver Hill as well.

The view west along Friarsgate is unattractive on both sides. Coitbury House andthe multi-storey car park follow the line of the street but their facades are notattractive, particularly at ground level. The mature trees on the north side and thescattered trees on the south side are the only attractive features. These trees shouldbe augmented with new planting in the gaps alongside the roadway on both sidesto emphasise the curve of Friarsgate. They would create a new'avenue' entrance tothe town centre, create a clear boundary to the development site and provide thesetting for the eventual development on Cossack Lane car park site, subject tovisibility splays from the Bus Station entrance and exit.

lf redevelopment and re-provision of the Friarsgate car park proves more attractivethan refurbishment, the opportunity will arise to provide a more appropriatebuilding form along this part of Friarsgate, with active uses at ground floor leveland possibly a modified building line.

There are key views of the site that should be enhanced by architectural or othertreatment, including public art:

a the view from the Junction of Friarsgate/Eastgate street. This presents aprocession of three important corners:

- Tanner Street/ multi-storey car park;

- the proposed Bus Station;

- the confluence of the two streams;

. the view from Upper Brook Street:

- at the corner of Middle Brook Street;

- at the Bus Station;

. from St, George's Street to the Silver Hillfanner Street junction;

from the Broadway;

from Busket Lane; and

from the rear of 5t. John's almshouses.

v,)

3.2.2

3.2.3

3.2.4

3.2.5

36 Viewfrom garden at rearof St Johns Alms housesIooking towards to BusStation

l

37 View along Busket l:ne

a

a

a

Broadway Fria rsgate Planni ng Brief 19

View from St Giles

39 Middle Brook Street

40 Bus Station IWoolstaplers Hall

3.2.6 Views looking down from 5t. Giles Hill are also important. The development shouldreflect the intricate roofscape of the town centre, and with careful articulation ofthe upper floors and roofs of the scheme.

Public realmNew development should be designed aroundaccessible public spaces that will:

o provide focal points for activity;

I reinforce local identity and sense of place;

r have the capacity for predicted pedestrian flows and service vehicles;

j incorporate space for 'spill-out' activities in appropriate locations;

s incorporate street furniture that provides comfort and information, usingcomponents that enhance the spaces while being durable and safe;

r include planting to provide variety andsoften the built form; and

. carry utilities and emergency services.

Middle Brook Street is an important publicspace that will continue to accommodate themarket. lt should be reinforced as a livelypedestrian street. The square at the corner ofSilver Hill will remain a focal point where thestreet market is concentrated.

Hill should be designed to cater for the potential expansion of the streetmarkeV farmers market provided this can be achieved without compromisingservice access or commercial viability. A new urban square should be createdat the intersection of the extended Silver Hill with the new link to theBroadway at the existing Bus Station exit. Development around this spacecould appropriately accommodate small shops, cafes and restaurants. ltshould relate well to the Woolstaplers' Hall, which should be refurbished for

3,3

3.3.1 a clear network of linked and

3.3.2

3.3.3 Silver

, mixed use. The new square could accommodate a specialist market and' should also be capable of being used as an informal outdoor performance

space and a possible venue for winter activities such as a skating rink.

The development should provide a new public green space incorporating a

pedestrian link, between Busket Lane and Friarsgate along the Lower Brook.

Tanner Street will provide access to car parking and delivery bays for larger stores.Ground floor active uses will be expected alonq the rest of the street.

I

I:l

I

3.3.4

3.3.sI

20 B roa dway Fri a rsgate P la n n i ng B rief

'dcc)

q)

{)c

=

tii

cl(\)iC;ftC'J

C.)

{*l

I

-c,\

\ '-i

:-'

a)

-:-iLnt.n

gt,

5

I

Pc'oonqJ

LJ

=.U-c

CJ

-tr.af

qJU

UP

(!t^gPc f \--lajcou.Y:-=aar v 1dzo-

o

t*UPm

P}YL(-vXrocqV^v)rt_ t/) 'I:OJUu,E

i c=-oo.Xtrj\z=0J<:<

ta

lx\',dlr \rY"..a\,

r:BUIS 3rV9Fr3

rT l: ctt ,qx^€

"6)

l33U1S !-i\€.lsvl

,5:-,9 -l'vov".,

'P5oGJt5Lq)

l!

1lB roadway Fria rsgate Pla nning B rief

41 The Pentice, HighStreet

3.3.6

3.3.7

3.3.8

3.3.9

Cross Keys Passage and Busket Lane should be upgraded as part of the pedestrian

network of the new development.

The developnrent shouldincorporate some weatherprotection for pedestrians inpublic areas. Colonnades andawnings are traditionalfeatures in Winchester (note rn

particular Tlre Pentice, andformer Market House).

The Council will require thedeveloper to contribute to theimprovement of the publicrealm around the site, througha negotiated Section 1 06Agreement. This will requiregood quality durable materialsthat reflect the historic character of surrounding streets and can withstand serviceand other traffic where necessary. The Council require an agreed managementregime to ensure that public spaces are open to the public at all times, and are wellmaintained and safe. .The City Council's preferred approach to the design of buildings and spaces is a !7contemporary interpretation of the historic qualities of the town centre. A faithfulreproduction of historicfeatures may be acceptable if handled with sufficient care,but the Council will not accept a weak pastiche using inappropriate materials. Acoherent approach to street design and the use of materials, pedestrian-friendlylighting, street furniture and traffic calming measures will be required.

A mix of uses

The Council wishes to see a range of uses introduced into the area consistentwithits town centre location. Retail, 43 (food and drink establishments), leisure,residential and other uses should be integrated into the development tocompliment each other and the public realm. Cultural, tourism and social useswould be suitable in this location. The relocation of the present health and businessuses should also be accommodated if suitable alternative sites cannot be provided.

In providing for retail uses on the site, the Council expects a range of sizes of retailunits to be accommodated to create variety and vitality within the area.

The Council looks to the prospective developer to be creative in the mix of uses - inparticular the vertical mix within discrete elements of the development. The Council Irefers the Developer to Government advice contained in PPG6 Town centres and Vretail development and PPG3 Housing.

--H-a)l\Y/ il

34

3.4.1

3.4.2

3.4.3

Sketch JTha \at tara a+ tha

corner of Middle BrookStreet and Silver Hillwill remain animpoftant public spece

22 Broadway Friarsgate Pla nning Brief

3.5

3.5.1

3.5.2

Height and massingBuilding heights should vary across the site to respond and be sympathetic toadjacent development and the town centre as a whole.

Towards the Broadway, heights will be limited to three with occasional four storeysin the form of architectural features at corners and other landmark locations. This

reflects the scale of the majority of buildings in this area, and will allow theWoolstaplers' Hall to dominate. At the eastern end of the site, the heights of anybuildings proposed should take into account the proximity of St John's Almshouses.

lf the multi-storey car park is to be redeveloped, building heights on redevelopmentshould be limited to four and occasionally five storeys, taking as a guide the heightof the Woolstaplers' Hall. This will provide the appropriate scale and 'sense ofenclosure' for this key entrance to the town centre, without over-dominating thestreet, bearing in mind that in the longer term there is likely to be development on

the north side of Friarsgate as well.

The Council will expect frontages of large-footprint elements of the scheme to be

broken into different design elements where appropriate, to reflect the generallynarrow-plot development of the surrounding area.

Development capacity of siteThe area required for the bus station is set out in Fig 2.

Previous studies carried out for the Council have indicated the likely capacity of the"Bus Station" site and the "Post Office" sites. These suggested a gross ground floorretai7leisure area of around 10.000 m2, and a gross residential floorspace of around4,500m'z. To these sites can be added the capacity of Woolstaplers Hall, the existingSainsbury's supermarket site and the site fronting Friarsgate to the east of theproposed Bus Station. Actual retail provision should take into account theassessment of retail floorspaceneed in Winchester, set out inpara 2.3.1. of this Brief.

Replacement or refurbishedpublic car parking should beprovided on-site, equivalent tothat which could beaccommodated in a

ref urbished Friarsgate multi-storey car park, plus thelimited public car parkingprovided in the Marks andSpencer customer car park(approximately 300 spaces intotal). Private parking capacityshould also be retained tomeet the needs of any existinguses within the site that are tobe retained, withoutexceeding their existingprovision.

The prime objective of thedevelopment is however tosecu re developmentappropriate to the location,both in it's physical form andthe scale and mix of uses. This

brief does not thereforeprovide a definitive land use

budget.

3.5.3

3.5.4

o3.6

3.6.1

3.6.2

o,

3.6.3

3.6.4

Friarsgate multistorey I TannerStreet

Vew of Mark andSpencer Warehousefrom FriarsgateMuhi StoreyCarpark

Broadway Fria rsgate Planning Brief t5

Sketch 4A built form that is an

outvvard looking groupof buildings ratherthan a single block

i

,i-.--.,';.,l r;:irilt_

Flexibility for future change a r*----'-'

Retail fashions change and commercial demands for certain types and sizes offloorspace may be quite different in ten to twenty years' time. commercialfloorspace should be capable of adaptation.

Car parking space incorporated in the built development should be capable ofadaptation to other uses should demand or policy result in reduced need. Thedevelopment should incorporate floor to floor heights of a minimum of 2.9m.

Residential development may in future accommodate more residents working forlonger periods from home. This has implications for the design of dwelling types.Space and layout arrangements should allow as much internal flexibility as possible.

PhasingThe council will wish to agree the appropriate phasing of development with thedeveloper(s) before a planning application is submitted. The phasing shouldminimise the physical and commercial impact of construction, allowing thecontinued operation of surrounding businesses, providing satisfactory access at alltimes for emergency vehicles, and avoiding disruption to the provision of publictransport. lt should take into account the Environment Agency's requirements forflood control and any contaminated land remediation measures. The developersshould seek the advice of the Environment Agency and the Council's Archaeologyteam at the earliest opportunity, to ensure that necessary site investigation andadvance works do not unnecessarily delay the construction programme.

while recognising the commercial implications of phasing development, thecouncil will expect to see the Bus station, off-site highways works, andimprovements to the public realm implemented as early as possible in theconstruction programme.

The phasing of development should also take into account the reasonablerequirements and expectations of those existing occupiers of the site who are to berelocated as part of the development.

Layout and built formThe Council will expect the development to be outward looking. The Council willnot accept a scheme that relates poorly to the surrounding streets. Thedevelopment should be a group of buildings rather than a monolithic block. Thescheme should be designed to protect the privacy and amenity of properties aroundthe site, both during construction and on completion.

t:.

3.7

3.7.1

3.7.2

3.7.3

3.8

3.8.1

3.8.2

3.8.3

39

3.9.1

24 Broadway Friarsgate Planning B rief

3.9.2 The commissioning of discretearchitects could help produce the

3,io Landmarks and frontages3.10.1 ln a development with a mix of uses, careful planning at the concept stage can

ensure that land uses with limited frontage, for example large retail units and car

parks, are faced with smaller units to present an active frontage to public spaces.

3.10.2 All elevations of buildings facing the public realm should have active frontages,with blank walls kept to anabsolute minimum. Thereshould be no car parking atground level - only discreteaccess to multi-storey parkingwill be accepted. Limitedservice access will beoermitted.

3.10.3 Landmark features should beprovided to punctuate andemphasise important cornersand gateways. These include:

r the junction of Friarsgatewith Middle Brook Street,a corner visible from thesouth and the west;

r the corner of Tanner Street with Frairsgate, a feature on the axis along Friarsgatefrom the Eastgate corner;

r the existing bus exit onto the Broadway; and

. the corner of Middle Brook Street and Silver Hill.

3.10.4 The Bus Station must be an outstanding example of transport architecture. ltshould signify its use and the Council's commitment to public transport. The

building should be designed to be light and welcoming to passengers as well as

efficient in performing its transport function. Guidance should be sought from:Passenger Interchanges - shaping the way forward (Chartered Institute ofTransport).

3.'t0.5 Passenger waiting areas should be weather-protected by enclosures that offer aclear view of the bus holding area. Transparency of enclosures with no hiddencorners will promote actual and perceived personal safety, especially at night. Goodlighting (while minimising external impact and light pollution) and clear signs forpassengers are vital.

elements of the development from differentvariety of design appropriate.

o View of existing entranceto 8us Station in Friarsgate

o,3,10.6 Pedestrian safety is a priority and vehicle circulation should not impinge on

pedestrians. Direct and safe pedestrian access from the bus station to theBroadway is required.

3.10.7 The location of the Bus Station next to the public open space alongside the Brooks

will require careful planning to ensure that the building presents a face to thatspace and does not create an environment that might encourage anti-social

behaviour.

3,11 Building materials3..1'1.1 The Council expects the development to be a leading example of how contemporary

architecture can work with traditional materials and form. A palette of materials

consistent with historic Winchester will be encouraged' These include brick, stone,

flint, clay tile, slate, timber and glass, but will allow for creative design interventionsthat provide elegance and distinctiveness'


3.12 Sustainable design3.12.1 The Council is committed to the principles of sustainable development, see Proposal

DP.8 of the Revised Deposit Local Plan Review. The scheme should also be anexemplar of sustainable principles. and ensure that the developrnent:

r protects the environment;

1 anticipates future needs;

. promotes for social equality/inclusion;

. uses sustainable products and recycled building materials where possible andappropriate; and

I is designed and constructed for long life.

3.12.2 The developer will be required to consider the following in the design of thescheme:

3 where possible, building design and orientation should consider the potentialfor solar/photo-voltaic panels and natural daylight to reduce the need forartificial heating/lighting sources, provided that this does not compromiseadherence to a layout consistent with the historic character of the area;

r the installation of renewable energy technology, as encouraged by the RevisedDeposit Local Plan Review see Proposals DP.1 and DP.18;

o natural ventilation and passive cooling;

. robust building style - allowing for change of use over time;

a incorporation of recycling with refuse storage and other waste management l

regimes;

a use of local materials;

. re-use of buildings and building materials, and the use of long-life materials,and those that have low embodied energy values;

r a Combined Heat and Power scheme if practicable;

. provision of effective thermal insulation within the new development;

a a Drainage Strategy including, if appropriate, Sustainable Drainage Systems I

(SUDS) for rainwater and floodwater collection and retention/attenuation; and

. protecting and enhancing the ecology of the streams. I

3.13 Design management and review3.13.1 The Council and the community of Winchester expect excellence in the architectural

-design of the development, and the design of the public realm. To this end the V l

Council would welcome the oppoftunity to assist the developer in selecting anappropriate masterplanning architect, and other architects as appropriate.

3.13.2 The Developer will be expected to take into account the design and developmentprinciples set out in recent design advice such as;

By Design DETR I

Better Places to Live DETR

Power of Place English Heritage

Places Streefs and Movement DETR

Going to Town DTLR

Urban Design Compendium English Partnerships

Urban Design for Retail Environmenfs 8C5C

Transport Development Areas RICS


.r 1, ":,.. '-

t:

3.13.3 Proposals for this important site may be submitted to the Design Review Panel ofThe Commission for Architecture and the Built Environment (CABE).

3..13.4 The Council will require a Design Statement to accornpany the planning application,setting out the principles of the design and how it relates to its setting and other

material considerations'

3.13.5 This brief provides the basis for the Council's regulation and control of the

development. lt promotes 'best practice' as advocated by CABE, and the goodpractice guidance identified above'

:

-,-I

--riI

Broadway F riarsgate Planning Brief 27

-ji / i l' ,i.,:i lii' 5/ li

=i,i/, ii

i--r '4 i. I ii,i.n-,

' ti

'i'-',.',ti'

,' li,

,l i',),! I

ri',,J,, i I

P,,', 'rt,

i( 1n .'--l

,! \ .--= -.--.-: r)i

i-iL

t-

i\lltliI

El

:;i'

i ,;,,t(+,\\-

l^Io

ttrv

r(

/, I i ! !

,1,! ,i/ ;f', t|. / :. /i( =- /' ll , ,1"'r li,rr ../ {\\ g I!)t $ ,- l'!

x-e '- --vo-co.9 blE9TP

o-$

r-J,/'/ i ,.

/ {,1 .i.. 1i,''_r,')

^:.!

cE

- Iril{

J.

//

IIo

't!I l::.

I : | ! 'l

Broadway Friarsgate Planni ng Brief

I i!'[ t .I l"l I l''r,

28

o,

APPENDIX ONEWinchester District Local Plan Review (Revised Deposit)

Proposal & Explanatory Text forBroadway/Fria rsgateThe Broadway/Friarsgate area in central Winchester, comprises the Bus Station, medical

buildings, Sainsbury's supermarket, Kings Walk, Friarsgate multi-storey car park and theformer Post Office sorting office. The area currently contributes little to the architecturaland historic character of the City. The development of the area will provide theopportunity to revitalise this part of the town and to provide a mix of uses appropriate toit, with high quality urban design and architecture that enhances the town centre.

The area under consideration is bounded by Friarsgate to the north, Middle Brook Street tothe west, Silver Hill and part of Broadway to the south and Bucket Lane and the BrookStreet culvert to the east. The site is in the centre of Winchester where Proposals E.3 andSF.1-SF.3 apply. Kings Walk and the Middle Brook Street parts of the site are within thePrimary Shopping Area, where Proposal SF.4 applies. The site is within the WinchesterConservation Area and most of the site is in the floodplain of the River ltchen.

New ProposalDevelopment proposals for a mix of uses including housing, shopping, leisure, andpossible civic, cultural and community facilities will be permitted on approximately2 hectares of land between the Broadway and Friarsgate, as identified on Inset Map45, provided that they:

(i) incorporate an appropriate mix of uses that reinforce and complement the towncentre, including housing, retail and other town centre uses;

(ii) provide a new bus station, retain the existing street market and provide sites forthe relocation of existing healthcare facilities, the Post Office, taxi rank andother important facilities in the area;

(iii) provide the main vehicular access to the multi-storey car park and service areas

from Tanner Street, with the closure of Silver Hill to through traffic, exceptwhere access is required for servicing;

(iv) incorporate the design principles set out in the draft Broadway/FriarsgatePlanning Brief, retaining and enhancing key views and providing a series oflinked public spaces;

(v) include a satisfactory archaeological assessment in accordance with Proposal

HE.1;

(vi) provide public art within the scheme and a 'percent for art' contribution inacccrCance with Prcposa! DP.12;

(vii)make an appropriate contribution to the improvement of the public realm on

the site and in the surrounding area, in particular Friarsgate, Middle Brook

Street, and the Broadway;

(viii)provide appropriate on and off-site highway works and traffic management

arrangements to accommodate a new bus station and associated revised bus

routes and stops in the town centre;

(ix) incorporate adequate flood protection measures in accordance with Proposals

DP.10 and DP.1 1;

(x) include an Environmental lmpact Assessment and Transport Assessment;

(xi) accord with Proposals DP.3, HE.1, HE'5, the draft Broadway/Friarsgate Planning

Brief and other relevant proposals of this Plan'

The Council has prepared a Planning Brief for the site in conjunction with key

stakeholders, which has been published for public co.nsultation' This Brief builds on

an earlier diaft that *ur rutl".t to public consultation in June 1999' lt also

iI

I

I

l


incorporates the findings of the 'Future of Winchester Study' (see paragraphs 1 1 .2

- 1 1 .8 of this Plan), where relevant. Development should be in accordance with theprinciples outlined in the Brief and potential developers should be guided by theBrief when formulating their proposals. The Council will expect developers toestablish and maintain a constructive dialogue with all stakeholders throughout thedesign and construction of the development.

The development should significantly extend the range and quality of retailprovision in the town so as to complement and reinforce the shopping function ofthe town. Retail provision should reflect the floorspace needs in central Winchesterfor convenience and comparison goods as identified in the Winchester Retail Study2002. The site should ideally accommodate all of the identified need for additionaltown centre comparison floorspace and the majority of the identified need forconvenience shopping.

Residential provision should assist in bringing life and security to the centre and helpto reduce the need to travel. The housing should be integrated with the other useson the site and should meet the requirements of the Plan regarding housing mix andaffordable housing provision. The site is likely to have capacity for a substantialamount of residential accommodation and is therefore included as a residentialallocation within Table 2 of the Plan (Housing Supply from Allocated Sites).

The site provides an opportunity for increasing the range of indoor leisure facilitiesin the town centre. The Council is currently undertaking an assessment of leisure 1needs, which will identify the need for indoor leisure provision in central Winchester Jand the likely form and scale that this should take. In advance of the results of thisstudy, any proposals will be required to demonstrate a need for provision and thatthe requirements of the 'sequential test' (PPG6) have been followed.

A new bus station is required on the site. Developers will need to work closely withbus operators and the County Council to achieve a modern passenger-friendlystation.

The site is likely to be of archaeological importance and redevelopment offers theopportunity to investigate the archaeology and history of the area. The importanceof this central site, within the Conservation Area, means that a scheme of thehighest architectural quality is required. The Council will expect an enhanced publicrealm comprising linked public spaces of attractive and varied materialsincorporating public works of art. Public links to the ltchen should be opened upand enhanced.

Drainage is an important issue on the site. There are several open and culvertedwatercourses running through it and the eastern part of the site is within thefloodplain of the River ltchen. Accordingly, a Flood Risk Assessment and adequate -protection measures will need to be agieed with the Environt""i nJ"".y i;;; Ibroposals DP.10 and DP.11). I

30 Broadway F riarsgate Planning Brief

o

AppendX TwoEnvi ronmental lmpact AssessmentA Guide to Procedures (Appendix 5 - Officeof the Deputy Prime Minister)Appendix 5: Checklist of matters to be considered for inclusion in an

environmental statement

This checklist is intended as a guide to the subjects that need to be considered in the

course of preparing an environmental statement. lt is unlikely that all the items will be

relevant to any one project. (see paragraphs 31 and 32 of the main text.)

The environmental effects of a development during its construction and commissioning

phases should be considered separately from the effects arising whilst it is operational.

Wh"r" the operational life of a development is expected to be limited, the effects of

decommissioning or reinstating the land should also be considered separately'

Section 1

I nformation describing the proiect

Purpose and physical characteristics of the project, including details of proposed

access and transport arrangements, and of numbers to be employed and where

they will come from.

Land use requirements and other physical features of the project:

a. during construction;

b. when operational;

c. after use has ceased (where appropriate).

Production processes and operational features of the project:

a. type and quantities of raw materials, energy and other resources consumed;

b. residues and emissions by type, quantity, composition and strength including:

i. discharges to water;

ii. emissions to air;

iii. noise;

iv. vibration;

v. light;

vi. heat;

vii. radiation;

viii. deposits/residues to land and soil;

ix. others.

1.4 Main alternative sites and processes considered, where appropriate, and reasons for

final choice.

Section 2lnformation describing the site and its environmenf

Physical features

2.1 Population - proximity and numbers.

2.2 Flora and fauna (including both habitats and species) - in particular, protected

species and their habitats.

1'lt. I

1.2

1.3

o,

Broadway Friarsgate Pla nning Brief JI

2.3 Soil: agricultural quality, geology and geomorphology.

2.4 Water: aquifers, water courses, shoreline, including the type, quantity, compositionand strength of any existing discharges.

2.5 Air: climatic factors, air quality, etc.

2.6 Architectural and historic heritage, archaeological sites and features, and othermaterial assets.

2.7 Landscape and topography. t2.8 Recreational uses,

2.9 Any other relevant environmental features.

The policy framework

2J0 Where applicable, the information considered underthis section should include allrelevant statutory designations such as national nature reserves, sites of specialscientific interest, national parks, areas of outstanding natural beauty, heritagecoasts. regional parks, country parks and designated green belt, local naturereserves, areas affected by tree preservation orders, water protection zones,conservation areas, listed buildings, scheduled ancient monuments, and designatedareas of archaeological importance. lt should also include references to relevantnational policies (including Planning Policy Guidance notes) and to regional andlocal plans and policies (including approved or emerging development plans).

2.11 Reference should also be made to international designations, e.g. those under *n" OEC 'Wild Birds'or'Habitats'Directives, the BiodiversityConvention and the RamsarConvention.

Section 3Assessrnent of effeds

Including direct and indirect, secondary cumulative, short, medium and long-term,permanent and temporary positive and negative effects of the project.

Effects on human beings, buildings and man-made features

3.1 Change in population arising from the development, and consequentialenvironment effects.

3.2 Visual effects of the development on the surrounding area and landscape.

3.3 Levels and effects of emissions from the development during normal operation.

3.4 Levels and effects of noise from the development. _i

3.5 Effects of the development on local roads and transpott. a I

3.6 Effects of the development on buildings, the architectural and historic heritage, Varchaeological features, and other human artefacts, e.g. through pollutants, visual

Iintrusion, vibration. I

Effects on flora, fauna and geology

3J Loss of, and damage to, habitats and plant and animal species. It3.8 Loss of, and damage to, geological, palaeontological and physiographic features.

3.9 Other ecological consequences. t

Effects on land I

3.10 Physical effects of the development, e.g.change in local topography, effect ofearth-moving on stability, soil erosion, etc. I

3.1 1 Effects of chemical emissions and deposits on soil of site and surrounding land.

3.12 Land use/resource effects:

a. quality and quantity of agricultural land to be taken;

b. sterilisation of mineral resources;

32 Broadway Friarsgate Planni ng Brief

o,

c. other alternative uses of the site, including the 'donothing' option;

d. effect on surrounding land uses including agriculture;

f. waste disPosal.

Effects on water

3.13 Effects of development on drainage pattern in the area'

3.14 Changes to other hydrographic characteristics, e.g' groundwater level, water

courses, flow of underground water'

3.15 Effects on coastal or estuarine hydrology'

3.16 Effects of pollutants, waste, etc. on water quality'

Effects on air and climate

3.17 Level and concentration of chemical emissions and their environmental effects.

3.18 Particulate matter.

3.19 Offensive odours.

3.20 Any other climatic effects.

Other indirect and secondary effects associated with the proiect

3.21 Effects from traffic (road, rail, air, water) related to the development'

3.22 Effects arising from the extraction and consumption of materials, water, energy or

other resources by the development'

3.23 Effects of other development associated with the project, e.g. new roads, sewers,

housing, power lines, pipe-lines, telecommunications, etc'

3.24 Effects of association of the development with other existing or proposed

development.

3.25 Secondary effects resulting from the interaction of separate direct effects listed

above.

Section 4Mitigating measures

4.1 Where significant adverse effects are identified, a description of the measures to be

taken to avoid, reduce or remedy those effects, e'91

a. site planning;

b. technical measures, e'g:

i. process selection;

ii. recycling;

iii. pcllution contro! and treatment;

iv. containment (e.g, bunding of storage vessels)

c. aesthetic and ecological measures, e'9:

i. mounding;

ii. design, colour, etc;

iii. landscaPing;

iv. tree Plantings;

v. measures to preserve particular habitats or create alternative habitats;

vi recording of archaeological sites;

vii measures to safeguard historic buildings or sites'

4.2 Assessment of the likely effectiveness of mitigating measures.


i

Section 5Risk of accidents and hazardous development

I

5.1 Risk of accidents as such is not covered in the EIA Directive or, consequently, in theimplementing Regulations. However, when the proposed development involvesmaterials that could be harmful to the environment (including people) in the event

of an accident, the environmental statement should include an indication of thepreventive measures that will be adopted so that such an occurrence is not likelytohaue a significant effect. This could, where appropriate, include reference tocompliance with Health and Safety legislation.

5.2 There are separate arrangements in force relating to the keeping or use ofhazardous substances andlhe Health and Safety Executive provides local planning

authorities with expert advice about risk assessment on any planning applicationinvolving a hazardous installation.

5.3 Nevertheless, it is desirable that, wherever possible, the risk of accidents and thegeneral environmental effects of developments should be considered together, and

developers and planning authorities should bear this in mind.

'.f


----J

APPENDIX L7

WORKED EXAMPLES OF FORMULAE

/a_"

ltt\l:.:,

I

ij

i::l

i.:.:ilr;.:l6g

[': '

i,:.it"'

ll,,rl

iEt.:L..i

-l'.:

ilii

2773074.1.LON DOCS 12120/04 1:07 PM

' I :::

i:ir:: :l::r .:.:fi i,:

i"" i :i:j

t;:i

! a'"-i'3ti:,::,

:::::.

,

i..i:! ':r':

'.o| ,.:.b:I

:

!'i?i:.i

',i'| :

ili,l,'.:-.. .

rl

ffi

:1i

:-.. i ;: '1

:::::.;: r'.-r

; :::: :-ti L. .

l:_ll_--l

:ir '. I

6 1 0/T 1 7739. 1 /PP:703440. 1 /sakk

. F:r

t1t.

:::)i,' :.: f' -.

f' \.

.. tt..,:'

l: r:.

t,.-.i

il.'ir:

i!

i!

ri;:r:l

2773065.1.l.oN DOCS 12120104 l:10 PM

:

::: i_

I.

..i'i

i'i I

:.fii

: :r:i,:.:,.:i

"rr' il:(i: i:::ii

'l::

,' {tt':

t,::.:i of

:, : ;

.,:l

'ii

, ,,; r.

-- ,i,::.,:

, :t:

:... :.

Ei

l,:il,

ii't'l. .!,

t' :,:

'.1l r..]r

li":,

Frd

F.A

."1

::J

I .:.

{'--r

i.

i.{i.:t

'-1i[..i

lr

--t

'.-,. 1 iii

',::. lr'r,,

'i,,1':aiii

2773156.1.l-ON DOCS 12120/04 1:06 PM

-:.

'a:.r l:;)

1,..iLi

....r' ;:: :i

'i

1 ,.,:

" : i. rrl'"i\J

61 O lT 177 39.1 IPP:703441 . 1 isakk

t..,'

lrttjitii,

i-:i

i

.,I,l

riI.:

277315

2773159.1 .ION-DOCS 12l20l04 1:16 PM

.:. rl': ':

ii

il

ll

.-__iI,

. \,ii

i::il::"": f .-l

t3l;r'i

:.:.:

i,l: t'r /

..:.::: rr,

tia,._ :1

':::

'.:"',

-iI:i:

i j 610ft17739.11PP:703464.1/sakk