The Tunbridge Wells Borough Council (Calverley Square) Compulsory Purchase Order 2018 Section 226(1)(a) of the Town and Country Planning Act 1990
Section 13 of the Local Government (Miscellaneous Provisions) Act 1976
The Acquisition of Land Act 1981
November 2018
Statement of Case By Tunbridge Wells Borough Council
Under Rule 7 of the Compulsory Purchase (Inquiries Procedure) Rules 2007
PLANNING INSPECTORATE REF: APP/PCU/CPOP/M2270/3211220
Contents 1. Introduction .................................................................................................................................................................... 3
2. Background .................................................................................................................................................................... 4
3. Description and Location of the Order Land and Surroundings ........................................................................ 17
4. Description of the Scheme ........................................................................................................................................ 19
5. The enabling Powers for the Compulsory Purchasing Order ............................................................................... 27
6. The Purpose and Justification for the use of Compulsory Purchase Powers .................................................... 30
7. Planning Status of the Order Land and the extent to which the Scheme fits in with the Development Plan and the National Planning Policy Framework .............................................................................................................. 34
8. Delivery Structure and Funding................................................................................................................................. 47
9. Efforts to Acquire ......................................................................................................................................................... 50
10. The Council’s Response to Statutory Objectors ..................................................................................................... 54
11. The Council’s Response to non-statutory Objectors and to non-Objector Specific Grounds ...................... 68
12. Human Rights ............................................................................................................................................................... 75
13. Equality Act 2010 ......................................................................................................................................................... 77
14. Special Considerations ............................................................................................................................................... 79
15. Associated Consents and Approval ........................................................................................................................ 79
16. Conclusion .................................................................................................................................................................... 81
17. Other Information of Interest to Persons affected by the order ......................................................................... 83
18. Inspection of the Order and Order Documents .................................................................................................... 83
Appendix 1 - Documents to be referred to in the event of an inquiry ............................................................................. 84
Appendix 1 – Core Documents List Appendix 2 – List of Objectors
Date: November 2018 Page: 3
1. Introduction
1.1 This Statement of Case is submitted by Tunbridge Wells Borough Council (“the Council”) in its capacity as
acquiring authority under Rule 7 of the Compulsory Purchase (Inquiries Procedure) Rules 2007.
1.2 The interests subject to the Order are set out in the Order Schedule and are also shown on the Order Map
(which identifies the interests to be acquired by plot numbers). A copy of the Order and Order Schedule are
reproduced as CDA.03. A copy of the Order Map is reproduced as CDA.04.
1.3 This Statement of Case builds on the matters contained within the Council’s non-statutory Statement of
Reasons which accompanied the making of the Order and also sets out the Council’s responses to the
objections raised to confirmation of the Order. The references to documents carrying a “CD” prefix relate to
Core Documents to be presented at the Inquiry. A list of the Core Documents is set out at Appendix 1 of this
Statement of Case together with details of the place where a copy of the documents may be inspected.
1.4 The Council is a local authority to whom section 226 of the Town and Country Planning Act 1990 (“TCPA
1990”) applies. If the order is confirmed, the Council proposes to carry out development on the order land as
authorised by the planning permission which has been granted. The Council has prepared this Statement of
Case as the Local Authority which has made the Order.
1.5 The Council, as local planning authority, by a decision notice dated 15th June 2018, granted planning
permission for a proposal to develop the order land by “Full planning permission for the redevelopment of
the site to include the demolition of existing buildings (the Great Hall car park, the dental surgery in Calverley
Grounds and the toilet block in Calverley Grounds) and provision of new offices (including Council offices,
Council Chamber and commercial office space), theatre, underground car parking, and associated
landscaping, infrastructure and associated works, including temporary site compound” (“the Scheme”). The
Scheme, as described in section 4 below, will be delivered directly by the Council and an experienced
contractor. Further information on this is set out in section 8 of this Statement.
1.6 On 19 July 2018 Tunbridge Wells Borough Council (the “Council”) resolved to make the Tunbridge Wells
Borough Council (Calverley Square) Compulsory Purchase Order 2018 (the “Order”).
1.7 The Order was made 20 August 2018 pursuant to section 226(1) (a) of the Town and Country Planning Act
1990 (“the 1990 Act”), the Acquisition of Land Act 1981 and section 13 of the Local Government
(Miscellaneous Provisions) Act 1976 (“the 1976 Act”).
1.8 The Order was submitted to the Secretary of State for Housing, Communities and Local Government on 6
September 2018. There are 16 remaining objections to the Order. On 17 October 2018 the Planning
Inspectorate gave notice under Rule 3(3) of the Compulsory Purchase (Inquiries Procedure) Rules 2007 (SI
2007 No 3617) amended by the Compulsory Purchase (Inquiries Procedure) (Miscellaneous Amendments
and Electronic Communications) Rules 2018 (SI 2018 No 248) that the Secretary of State for Housing,
Communities and Local Government has decided to hold a public local inquiry into the Order (CDH.01). For
the purpose of Rule 3(3), the date of the notice is the ‘relevant date’.
Date: November 2018 Page: 4
1.9 The Council’s purpose in making the Order, and seeking its confirmation by the Secretary of State for Housing
Communities and Local Government, is to enable the Council to acquire compulsorily the land and the new
rights over land included in the Order (“the Order Land”) in order to facilitate the delivery of the
comprehensive development of a new theatre, civic centre for the Council, offices, car park and public
realm in the heart of Royal Tunbridge Wells Town Centre on the Order Land, (“the Scheme”) as more fully
described in section 4 of this Statement. The Council thinks that the development is likely to contribute to the
promotion of the economic, social and environmental well-being of their area, and that the proposals will
provide significant social, economic and environmental benefits to Tunbridge Wells and the surrounding
community.
1.10 The Council remains committed to acquiring relevant interests by agreement and will continue to negotiate
with those holding those interests.
2. Background
2.1 The borough of Tunbridge Wells ("the Borough") is located in the west of Kent and borders Sevenoaks,
Tonbridge and Malling, Maidstone and Ashford and Rother and Wealden in East Sussex. Royal Tunbridge
Wells is the main urban area in the Borough and is the primary retail centre as defined by the Local Plan. It is
a vibrant town with a rich architectural heritage, which draws trade from a wide catchment.
2.2 Tunbridge Wells is an attractive business location. The economy is characterised by a large number of small
or medium sized enterprises (SMEs). However, there are a number of key major employers that contribute
significantly to the economic health of the Borough. Sector strengths include: finance & insurance, scientific
& technical, wholesale & retail, human health & social work, hospitality, creative and education. In addition,
there is a small, well-skilled manufacturing sector.
2.3 The Council has prepared a Five Year Plan (2017-2022) (CDD.03) that sets out a clear vision for the Borough.
This plan supersedes the previous five year plan and it seeks ‘to encourage investment and sustainable
growth, and to enhance quality of life for all’. The Council will focus on activities that support prosperity,
wellness and inclusivity, ensuring the Borough will be a more attractive place to live, work & visit.
2.4 It sets out eight projects (page 13) that the Council will work to deliver over the next five years :
• A new Local Plan for the Borough
• Creating new sports facilities across the Borough
• The development of the Community Centres in the Borough
• Enhancing the public realm in the Borough
• A new Cultural & Learning Hub in Royal Tunbridge Wells
• A new theatre in Royal Tunbridge Wells
• A new civic development and office space in Royal Tunbridge Wells
• Provision of more off-street car parking in Royal Tunbridge Wells
Date: November 2018 Page: 5
2.5 In addition, the Council prepared and adopted a Tunbridge Wells Cultural Strategy (2014-2024) (CDD.07),
which sets out Tunbridge Wells Borough Council’s clear vision ‘to grow our role as the cultural centre of the
Kent & Sussex High Weald, so that by 2024 the Borough of Tunbridge Wells is nationally recognised for its
vibrant cultural provision’. The Cultural Strategy highlights that, in order to be recognised for its major cultural
scene, there is a need to review existing cultural infrastructure – including the breadth and quality of the
cultural offer.
2.6 The Cultural Strategy builds upon the draft of the (now superseded) 5 year plan 2014 -2019 (CDD.11) which
was being prepared at the time.
2.7 The Strategy notes that the existing Assembly Hall Theatre, the only large-scale venue in the Borough, and its
facilities would need to be improved in order to continue to meet the demands of audiences as well as the
technical demands of the larger touring shows (page 11).
2.8 The 2018-2021 Economic Development Strategy, adopted in April 2018 (CDD.02), identifies at page 12 four
key projects including a new 1200 seat theatre that will support growth in the visitor economy. At section 3 of
the Economic Development Strategy, the redevelopment of the civic complex and provision of a new
theatre is identified as a key town centre regeneration project to be delivered in the timescale 2017-2020.
2.9 The most recent Destination Research study (CDD.09) on The Economic Impact of Tourism in Tunbridge Wells
was undertaken in 2015. The results highlight the continued importance of the visitor economy to the
Borough and show that in 2015, 4.4 million trips were undertaken in the area with a total of £261 million spent
in the local area as result of tourism (taking into account multiplier effects). The visitor economy supports
4,909 jobs both for Borough residents and those living nearby.
2.10 The Council is committed to continuing its support for the local tourism sector which is dominated by small or
micro-businesses. In 2013, a Destination Management Plan was prepared and adopted for the Borough,
setting out priorities for the sector.
2.11 Since the preparation of this management plan, the Council has worked to implement many of the
recommendations including: the provision of new visitor signs in Royal Tunbridge Wells town centre, the
preparation of promotional leaflets for the Tunbridge Wells Circular Walk, inspirational blogs on the
visittunbridgewells website and free specialist business advice to accommodation providers (via Visit Kent).
2.12 Reflecting the priorities within the Cultural Strategy, the 5 Year Plan and the Economic Development
Strategy highlight plans for the development of a new 1,200 seat theatre as a major new cultural facility for
the Borough, that will inject £15 million per annum into the local economy, if assessed under Shellard formula
(CDE.01, p.22).
2.13 A stronger town will attract new investment and businesses, and recent projects show that private sector
businesses are also investing in Royal Tunbridge Wells Town Centre, for example, work is underway on the
redevelopment of Union House, Pantiles for a mixed commercial, residential and community development.
2.14 Royal Victoria Place received planning permission in 2016 for a £70m major redevelopment, delivering
140,000 sq. ft. of new retail and restaurants, and 30,000 sq ft new cinema. Following purchase by British Land
Date: November 2018 Page: 6
earlier this year, they have confirmed their commitment as a long term investor in the town and are
reviewing the Scheme to ensure the Scheme brought forward best reflects the current market.
2.15 The Premier Inn development on London Road, providing a new 110 bedroom hotel, commenced earlier in
2018.
2.16 Approval has also been granted for the £80m redevelopment of the ABC cinema site. When completed by
Altitude Real Estate it will create 165,000ft2 of shops, restaurants, cinema, medical or office space, and 108
apartments.
2.17 The development of a new Calverley Square development and additional commercial property would send
a positive message that the town is ambitious and keen to prosper. The 2017 Economic Needs Study,
prepared as part of the evidence base for the new Local Plan, identifies the need for the Council to
proactively plan for 10,000 new jobs over the time period to 2033. It also identified a strong demand for
Grade A office space in accessible locations, but a limited capacity to provide this within existing
allocations.
2.18 Within the Economic Development Strategy, the town centre is identified as a Key Employment Area, being
both accessible via public transport nodes and an area which has a critical mass of other employment uses.
The Existing Town Hall
2.19 The existing Town Hall, once home to over 400 Staff, is now used by around 245 employees, meaning the
current offices are larger than required for efficient working. The fabric of the building itself requires extensive
maintenance and repair as set out in a 2014 report commissioned by the Council and in 2017, the Council
assessed it required c£13m to improve its energy, IT and environmental performance.
2.20 The 1934 competition for the current Civic Complex required dignity “without elaborate or unnecessary
features”. Following the competition, Percy Thomas was selected as the architect, and the new civic
complex was completed in 1939. Like the vast majority of civic buildings of the inter-war period, the style of
the Tunbridge Wells Civic Complex is neo-Georgian with art-deco features.
2.21 Since the final completion of the Civic Complex in the early 1950s the buildings themselves appear to have
incurred little significant alteration, either externally or internally, the most notable change being the
“Greenhouse” section/roof extension, the setting of the main frontage has also remained recognisably the
same but the setting of the rear (eastern) side of the complex has changed very substantially. The most
significant change has been the construction of a large multi-storey car park which terminates all the views
between the Civic Complex buildings and presses tight against the rear of 9 & 10 Calverley Crescent.
2.22 The Town Hall group of buildings was listed Grade II in 1995. The listing includes both exterior and internal
elements, including the original light fittings, and staircase.
2.23 The current offices are cellular in layout, and are not easily accessible.
2.24 Due to the constraints of its listed status, and its structure, maintenance and upgrading the existing building
would still not result in a building that provides suitable and efficient offices. The Council would be left with a
Town Hall worth less than they had invested in it. Therefore the Council considers that redeveloping the
Date: November 2018 Page: 7
existing Town Hall for continued use by the Council does not make long term economic sense and as a
consequence will not deliver the best value for those living and working in the Borough.
2.25 Staying put would require a significant financial outlay as the Council would need to invest in the Town Hall
and Assembly Hall. The estimated cost of the investment required would amount to tens of millions of
pounds.
2.26 The history of Royal Tunbridge Wells town centre explains its dual nature, with two areas of focus: one at the
top of the town and the other around the Chalybeate Spring itself. The railway station and Calverley
Grounds are located midway between the two areas. The proposal for a new Council Office, commercial
offices and theatre at the mouth of the park will reinforce this middle ground, uniting the town and linking its
high street to Calverley Grounds. In the context of the town itself, the current Civic Complex and car park
buildings present a barrier and inhibit links between the top and bottom areas of the town centre. The
Council considers it to be desirable for these parts of the town to be more effectively linked and for the new
theatre and offices to provide that link to other parts of the town.
2.27 The Council has considered the best alternative approach for its future office requirements within Royal
Tunbridge Wells. As set out in the paragraphs above a refurbishment of the current Council offices would not
meets its needs and would be a significant cost to the public purse. It is therefore important that the Scheme
can be delivered in accordance with the council’s objectives as set out in the 5 year plan.
Office space within Tunbridge Wells
2.28 The Council recognises the challenge faced by small and medium sized companies of finding modern good
quality office space within the Borough, and the lack of grade A office space, as identified in the Economic
Development Strategy (CDD.02) p.8. The adopted Site Allocations Local Plan (CDC.05) identifies sites that
provide opportunities for new office floor space within the town centre.
2.29 The retention of existing employment space is currently managed via a broad criteria-based policy in the
Core Strategy (CDC.04) (within Core Policy 7 Employment Provision), however this has had limited success
due to the impact of Permitted Development rights.
2.30 The office to residential permitted development rights have resulted in the conversion of existing office
space such as Calverley House, Brooke House and Seymour House to residential use, which has resulted in a
loss of office space in the town centre.
2.31 As a result of concerns about the impact of conversions from office space to residential under Permitted
Development rights, a detailed Town Centre Office Study (CDD.06) was commissioned for Royal Tunbridge
Wells in February 2018. The results of the study show that the loss of offices is of significant concern to
businesses in the area. The findings of the study will inform the development of the New Local Plan – both site
allocations and development management policies – and in addition, the Council has served immediate
Article 4 Directions to remove Permitted Development rights from specified premises worthy of retention.
These directions were executed and confirmed 21 November 2018.
Date: November 2018 Page: 8
2.32 It should be noted that this does not prevent planning applications for change of use from employment
being submitted, but would allow a full consideration of the impact of such applications by the Council (as
Local Planning Authority).
2.33 Criteria-based protection policies will also be included in the New Local Plan, requiring that there is: robust
evidence that a site or property is no longer viable for employment; and evidence of marketing activity (for
a minimum 2 years).
2.34 The Council, as part of its economic development strategy and Site Allocation Local Plan, has therefore
considered how it can assist in providing modern flexible office accommodation.
2.35 As well as the policy approaches set out above, the Council is taking proactive steps on this issue as
opportunities arise. This includes the proposed Calverley Square development, providing office
accommodation for the Council and commercial office floor space (20,000 sq. ft.) that can be let to local
businesses in the centre of Royal Tunbridge Wells. The Council has also worked with private and public sector
partners to open new flexible workspace for creative businesses in Royal Tunbridge Wells town centre, known
as The House.
The existing theatre
2.36 The existing Assembly Hall Theatre is limited in its capacity as a modern venue, mainly due to its size and
quality of facilities. A report produced by specialist consultants Bonnar Keenlyside in 2016 (CDE.01) found
that there is not enough space to adequately accommodate large scale shows at the Assembly Hall due to
the seating capacity of the auditorium (985 seats), the restricted wing space, and the relatively small front of
house areas. The report concluded that, at its current scale, the Assembly Hall Theatre is not large enough to
be commercially viable in its own right because it cannot offer visiting companies a big enough gross ticket
sale capacity.
2.37 The existing theatre is outdated and does not provide the facilities required to attract high quality national
touring shows to the town. Tunbridge Wells faces competition from other cultural destinations, including
London’s West End, and needs to consider how to continue to attract visitors to its cultural offer.
2.38 The Bonnar Keenlyside report sets out a minimum size of 1200 seats, the requirement for an orchestra pit and
improved wing space, and improved food and beverage facilities. With a capacity of 985, the existing
theatre isn’t able to secure a large enough audience to make the visit of many high-end West End style
productions commercially viable.
2.39 Within the Bonnar Keenlyside report, they conclude that a well-appointed 1200 seat theatre would be well
placed to attract high quality shows to Tunbridge Wells. In particular, they reference the example of the
Marlowe theatre in Canterbury, which is of a similar size and design to the proposed new theatre.
2.40 The report sets out the key advantages of a 1200 seat theatre over a 1000 seat theatre and these are
summarised below:
• A 1200 seat theatre will primarily attract 1 week runs of shows whereas a 1000 seat theatre will primarily
attract 1 night events, ensuring increased usage of the theatre.
Date: November 2018 Page: 9
• At 1200 seats, over 70% of the entertainment will be pantomimes, musicals and drama, whereas at 1000
seats, the events will be from a wide range of arts and entertainment genres.
• At 1000 seats, the theatre will see c170,000 ticket sales per annum, which is likely to lead to a
requirement for subsidy. A successful 1200 seat theatre will manage a minimum of 250,000 seat sales per
annum and provides the opportunity for up to 400,000 ticket sales a year, which is a level where minimal
or no subsidy may be required.
2.41 The challenge faced by the Council is how best to meet the leisure and cultural needs of residents and
visitors and keep their spending within the Borough, for the benefit of residents and businesses.
2.42 A ‘do minimum’ refurbishment of the existing theatre would cost c£15m with total lifecycle costs of £43m
and would still result in a compromised facility, with limited facilities for bars, performer areas, and circulation
space, ensuring it was still incapable of hosting high profile touring productions. A more comprehensive
refurbishment was estimated as costing £25m in 2014. As set out in para 2.39 above, this refurbishment
without the increased size and improvements to facilities (including technical facilities such as the height of
the fly tower) would not provide the increased attraction for visitors required to compete with other cultural
destinations.
2.43 Refurbishing and rebuilding the theatre would require it to close for 2-3 years, depending on the extent of
the work needed, and the town would lose out on its annual £4m economic value in that period. In addition,
temporary closure would also impact the amateur and community groups which use the theatre.
2.44 As set out in the Full Council report dated 6 December 2017, (CDA.01) 60 year lifecycle costs associated with
the options of Staying Put, Refurbish or Build a new theatre show the refurbishment to be the most expensive
option.
Calverley Grounds
2.45 A Grade II Registered Park and Garden, Calverley Grounds was originally designed by Decimus Burton in
1828-39, on Calverley Estate lands owned by John Ward. Historically, the Park consisted of an avenue of
detached villas surrounded by parkland stretching down towards Mount Pleasant Road.
2.46 In the 20th century, (c.1920) the western half of the parkland was acquired by Tunbridge Wells Borough
Council, renamed Calverley Grounds and transformed into a public park.
2.47 The Ordnance Survey map from 1936 records the effects of the Borough Council’s scheme to create
Calverley Grounds. It illustrates how the introduction of tennis courts, croquet lawns and bowling greens at
the eastern end of the grounds substantially altered the Arcadian character of the historic park and must
have necessitated significant groundworks to create level areas.
2.48 In 1948, the lawns to the rear of the Great Hall were acquired by the Council and turned into a car park.
Development surrounding the park continued in the post war period.
2.49 The multi-storey car park known as Great Hall Car Park was constructed during the 1980s to intensify car park
facilities already existing to the rear of the Great Hall Arcade. Aesthetically, the building can be considered
at best neutral due to it being designed to mimic the Great Hall Arcade reconstruction. However the
Date: November 2018 Page: 10
building does not address the park and its design, incorporating roof top parking, has created effects which
detract from the historic significance of the adjacent Calverley Grounds.
2.50 Most notable of these, as set out in the heritage study, (CDE.02) (Built Heritage Baseline Assessment Study
2016) is the visibility of cars including reflections from vehicle windscreens which negatively impact on views
from within the Grounds
2.51 As part of its priorities for Royal Tunbridge Wells town centre, and wider improvements to public realm, the
Council considers that improvements to the entrance and setting of Calverley Grounds will enhance the
town centre and allow greater enjoyment of this space by residents and visitors.
The Council’s proposals
2.52 As set out in the Cultural Strategy, 5 Year Plan and Economic Development Plan, by 2024, the Council wants
Tunbridge Wells to be recognised for the quality of its cultural offer. The Council is also seeking to make the
most of its existing property assets in the town, including the Great Hall and Mount Pleasant car parks, for the
benefit of the town, its residents and businesses.
2.53 Since July 2015, the Council has been working with specialist advisers to assess its options in respect of the
existing Town Hall and theatre. A summary chronology of the project consultation was set out in the Full
Council Report dated 6 December 2017 at Appendix F.
Date Consultation Event
13/07/15 13 July 2015 Historic England meeting on Civic Development
28/10/15 Media Briefing on AHT Mandate
26/04/16 An evening workshop was held at Calverley House, involving around 30 local
stakeholders introducing the project
02/06/16 Historic England meeting on Civic Development
16/06/16 An evening at the AHT with a presentation and workshop to further inform the
development of the Scheme.
03/11/16 Presentation of the early theatre design to theatre stakeholders.
07/11/16 Presentation of the Scheme to the Friends of Calverley Grounds.
07/11/16 Presentation of the Scheme to Tunbridge Wells business stakeholders.
09/12/16 Presentation of the Scheme to residents of Grove Hill House.
24/01/17 Presentation of the Stage 2 design to a combined meeting of community
stakeholders, the Friends of Calverley Grounds, the Town Forum, theatre stakeholders,
and Grove Hill House residents, followed by a question and answer session.
Date: November 2018 Page: 11
10/05/17 Presentation to Friends of Calverley Grounds of the developed design reflecting
community input at the previous meeting, followed by questions and discussion.
10/05/17 Presentation to the Town Forum of the developed design reflecting community input
at the previous meeting, followed by questions and discussion.
10/05/17 Presentation to residents of Grove Hill House of the developed design reflecting
community input at the previous meeting, followed by questions and discussion.
23/05/17 Presentation to residents of Calverley Park of the developed design reflecting
community input at the previous meeting, followed by questions and discussion
22/07/17 Meeting with Historic England – civic update
18/07/18 Presentation of further Scheme development to theatre stakeholders in and around
Royal Tunbridge Wells, followed by questions and discussion.
20/07/17 Presentation of further Scheme development to the Town Forum, followed by a
question and answer session.
26/07/17 Presentation to local businesses, followed by a question and answer session.
09/08/17 Presentation of further Scheme development to the Friends of Calverley Grounds.
09/08/17 Presentation of further Scheme development to residents of Grove Hill House.
14/08/17 Presentation of further Scheme development to residents of Calverley Park.
15/08/17 Presentation to Pantiles Trader Association.
05/09/17 Presentation to Parish Chairmen’s Group
05/09/17 Presentation to Pantiles Traders at their AGM.
16/09/17 Calverley Grounds Playground Opening
16/09/17 Presentation to West Kent Chamber of Commerce
20/09/17 Engagement with Rusthall Village Association
25/09/17 Verbal update with the Access Group
27/09/17 Verbal update at TCHG Summit
28/09/17 Awareness event in Calverley Grounds Café
29/09/17 Presentation to Creatives within Tunbridge Wells.
Date: November 2018 Page: 12
02/10/17 Presentation to businesses on Mount Pleasant Road.
03/10/17 Awareness event with Ladies that Latte
03/10/17 Digital question and answer session on Facebook
05/10/17 Awareness event with Kim Medcalf Coffee morning
05/10/17 Presentation to Tunbridge Wells Labour Party members.
11/10/17 West Kent Chamber of Commerce networking engagement
13/10/17 Awareness event to Friends of Dunorlan Park
18/10/17 Presentation to Pembury Village Society.
28/10/17 Public Engagement – Vestry Hall, Cranbrook
30/10/17 Labour Group meeting
01/11/17 Local Business Briefing, followed by a question and answer session.
03/11/17 Briefing to AXA PPP at Crescent Road
04/11/17 Public Exhibition Event – Southborough Library
07/11/17 Public Exhibition Event – Paddock Wood Library
10/11/17 West Kent Chamber of Commerce Briefing
11/11/17 Public Exhibition Event – Royal Victoria Place
16/11/17 Presentation to Town Forum.
17/11/17 Meeting with Greg Clark MP
27/11/17 Presentation to Access Group, followed by a question and answer session
2.54 The Council has been and will continue to engage with residents and businesses about the Calverley Square
Development. Over the time period since 2015, it has consulted a wide range of statutory and local
stakeholders, including business, residential, community and heritage stakeholders in the area. Full details of
these consultations are set out above. The Council continues to hold briefing meetings and continues with its
programme of engagement.
Date: November 2018 Page: 13
2.55 The Council therefore proposes to develop a new civic development and theatre within Royal Tunbridge
Wells town centre, which will also provide additional high quality modern office space for small and medium
sized businesses within the town.
2.56 In addition, the proposals will bring forward improvements to the entrance to Calverley Grounds.
2.57 The new civic facilities, office space and theatre is proposed to be developed on the edge of Calverley
Grounds, which is owned by the Council, as are the Great Hall and Mount Pleasant car parks.
2.58 The Scheme is a unique opportunity to provide new civic facilities, offices, theatre, and car parking for the
town centre.
• It is in accordance with the adopted policies of the Development Plan as a whole and the non-statutory
Civic Development Planning Framework Supplementary Planning Document that has been prepared to
guide development on this and other town centre sites.
• It has been informed by a comprehensive programme of consultation with the local community and
other stakeholders.
• It delivers the Council's Corporate Objectives as set out in the Council's Five Year Plan (2017-2022),
including three of the 'Eight Big Projects' that will deliver the Council's 'Vision'.
• It will deliver substantive public benefits, including:
o A new theatre capable of accommodating modern touring shows that will substantially boost the
town centre's evening economy and cultural offer, and improve the overall vitality of the town
centre;
o A new civic centre which will enable the Council to operate more efficiently;
o New grade A office space that will promote economic growth and job creation;
o Improvements to the degraded western edge of Calverley Grounds;
o Enhanced public realm at the entrance to Calverley Grounds that will establish a strong sense of
place and improvements to the link between the park and town; and
o Enabling the existing Civic Complex site to be vacated, to make way for
refurbishment/redevelopment.
2.59 The movement of the Town Hall down Mount Pleasant and creation of a modern theatre, close to the
railway station, will better link the Pantiles and High Street with Royal Victoria Place and shopping precinct –
creating a new heart for the town alongside Calverley Grounds.
2.60 The new civic offices will provide modern, efficient office space from which the Council will operate. The
building will be environmentally sustainable and provide an additional 20,000 sq. ft. of offices for businesses
to rent in the town centre.
2.61 The economic impact of the new theatre is estimated at £14m per year based on the Bonnar Keenlyside
report in April 2016. It will attract visitors and create jobs by attracting and retaining business in the town, as
well as developing skills and revitalising the town centre. The Council commissioned GVA in January 2018 to
Date: November 2018 Page: 14
assess the economic benefits of the project as part of its planning application submission. An assessment of
the wider economic impact of the Scheme is set out at para 6.11 onwards.
2.62 The new theatre will have a positive impact on the health and well-being, educational attainment and
social cohesion of the people of the Borough through its role in bringing them together.
2.63 Further details of the benefit of the Scheme proposed are set out in section 6 of this Statement.
2.64 The existing Town Hall and Assembly Hall Theatre will continue to operate while the planning and
construction of the new theatre, office and civic development go ahead ensuring that the arts scene and
cultural offer in Royal Tunbridge Wells can continue to operate and generate income while the project is on-
going. The Council’s aim will be to transfer to the new theatre once complete with the shortest possible
transition period.
Chronology of decision making
2.65 The Council commenced work on assessing options for the future of the Town Hall and Assembly Hall Theatre
in 2014, including consideration of feasibility of a new theatre. . The table below sets out the key decisions
made by the Council as the project progressed.
Date Decision Making Body Decision
30/10/14 Cabinet Investigation of provision of new theatre
29/10/15 Cabinet Progress work on new civic office project.
3/12/15 Cabinet Agreed in principle to deliver new theatre, and vacate existing Town Hall to relocate Council’s office accommodation and civic function to new offices. Agreed to appoint consultants to undertake next stage of work.
9/12/15 Full Council Agreed in principle to deliver new theatre and vacate existing Town Hall to relocate Council’s existing office accommodation and civic function to new offices. Agreed to appoint consultants to undertake next stage of work.
22/06/16 Cabinet Council moved to RIBA Stage 2 for project. Great Hall Car Park is the preferred site for the new theatre. Calverley Grounds is the preferred site for an underground car park. That authority to move to RIBA Stage 3 is delegated to the Portfolio Holder.
20/07/16 Full Council Council moved to RIBA Stage 2 for project. Great Hall Car Park is the preferred site for the new theatre. Calverley Grounds is the preferred site for an underground car park. That authority to move to RIBA Stage 3 is delegated to the Portfolio Holder.
22/02/17 Full Council The Council move to RIBA Stage 3 (developed design) for the project.
26/07/17 Full Council Response to petition entitled ‘Save Our Park’. Council welcomes petition, notes concerns that have been raised and undertakes they will be taken into account as Scheme progresses. Proposals have evolved over 3 years, form part of the 5 year plan, and have been subject to numerous debates and votes by Full Council. Proposals affect around 2% of the park.
Date: November 2018 Page: 15
06/12/17 Full Council Project designed to RIBA 3 be approved for delivery. Delegate authority to Head of Economic Development & Property to progress with preparatory matters for delivery including submission of planning application. Delegate authority to Cabinet to acquire land and rights required, including by use of compulsory purchase and appropriation if required. Funding of the Scheme was approved.
21/02/18 Full Council Tunbridge Wells Civic Development Planning Framework Supplementary Planning Document adopted
2.66 As set out above, on 6 December 2017 the Full Council considered the work undertaken to date on the
Scheme. The Council resolved to proceed to submit a planning application for the Scheme.
2.67 A planning application was submitted in January 2018 and on 9 May 2018, the Council’s Planning
Committee resolved to grant planning permission for the Scheme. Planning permission was granted on 15
June 2018. Further detail of the planning permission is set out in section 7 of this Statement.
2.68 Whilst the Council owns the freehold of the majority of the Order Land, a number of third party property
interests and rights are required in order to deliver the Scheme. The Council and their advisers have
commenced discussions with all those third parties and negotiations have continued since mid-2016. Further
details are set out in section 9 of this report.
2.69 Whilst some progress has been made in reaching agreement on the land and rights required to deliver the
Scheme, the Council has not been able to reach agreement with all third party interests. Therefore, in order
to ensure delivery within the current programme, on 19 July 2018, the Council resolved to make the Order as
the next stage in delivering the Scheme.
2.70 Subject to assembling the site, the Scheme is due to commence work in 2019, with completion scheduled for
2021/2.
Alternative options
2.71 The Council has considered alternative options for the existing Town Hall and theatre as part of the
consultation and decision making process since 2014.
2.72 In 2015, the Council’s professional advisers, GVA, undertook a Design Options Report, identifying a long list of
options, and the evaluation of these to a recommended short list of options within or adjacent to the existing
civic complex. The criteria for shortlisting options included:-
• Continuity of theatre operation
• Continuity of office operation
• Integration with Cultural & Learning Hub
• Significant re-development of wider Civic site
• Cultural benefits to the town centre
• Economic benefits to the Town Centre
Date: November 2018 Page: 16
• Sensitivity to historic nature of the site
• Council revenue/cost
2.73 The Council shortlisted five options using these criteria, and set out the reasoning within the Design Options
Report. These shortlisted options included potential use of surrounding areas including the police station site.
Following this exercise, a preferred option was selected. Once the preferred site had been selected, the
Council followed the RIBA design process, and as part of this, confirmed the Great Hall Car Park as the
preferred site for the new theatre, and the Mount Pleasant site for the new civic office at a Full Council
meeting in July 2016 (CDA.10).
2.74 For the reasons set out in 2.18-2.24 above, the Council does not consider refurbishment of existing civic
offices will deliver the new office accommodation and civic functions required.
2.75 For the reasons set out in 2.41-2.43 above, the Council does not consider refurbishment of the existing theatre
will deliver the Council’s objectives for theatre provision in Royal Tunbridge Wells.
2.76 The Council therefore considers that there is no alternative option to the Scheme to deliver the Council’s
objectives as set out in the 5 year Plan and Economic Development Strategy, and that the Scheme is the
best option to deliver these objectives.
Date: November 2018 Page: 17
3. Description and Location of the Order Land and
Surroundings
Location and Description of the Order Land
3.1 The Order Land comprises 5,301 sq. m of land within Royal Tunbridge Wells town centre, excluding land
where rights such as crane oversailing and access will be acquired.
3.2 The Order Land comprises the Mount Pleasant and Great Hall car parks, the service road to the rear of the
Great Hall Arcade, some highways land and a small part of Calverley Grounds containing the dental surgery
(also known as the ‘Park Keeper’s Lodge’). It is located in the southern part of Royal Tunbridge Wells’ town
centre between Calverley Grounds (to the east) and Mount Pleasant Avenue (to the west).
3.3 The Mount Pleasant car park site is located to the east of the Order Land fronting Mount Pleasant Road
(ground floor retail with offices/residential above), to the west of Calverley Grounds, and to the south of
Phillips House (AXA offices). The car park comprises 49 surface-level parking spaces and is accessed via
Mount Pleasant Avenue.
3.4 The Great Hall car park site is located to the east of the Great Hall Arcade, to the west of Calverley Grounds
and to the north of Grove Hill House (multi-storey residential apartments). The Great Hall car park is a two
storey building with basement, providing 205 parking spaces. It is accessed via Mount Pleasant Avenue,
which runs around the north, east and south sides of the car park, from Mount Pleasant Road to Grove Hill
Road. There is also a service road on the west side of the car park which is the Great Hall service road and is
not open to the public.
3.5 The map to the Order identifies the land proposed to be compulsorily acquired (coloured pink) ("the Pink
Land") and the land on, over or under which new rights are to be compulsorily acquired (coloured blue)
("the Blue Land") ("the Order Map").
Existing Ownership
3.6 The majority of the Order Land is within the freehold ownership of the Council, but there are a small number
of third party freehold, leasehold and occupational interests within the Order Land, as well as third party
rights which will be affected.
3.7 Full details of the ownership and extent of each interest in the Order Land are contained in the schedule and
addendum ("the Schedule") to the Order and shown on the Order map
3.8 The Schedule to the Order lists all parties with a qualifying interest in the Order Land including other parties
with qualifying interest in the Order Land as defined by section 12(2) of the Acquisition of Land Act 1981
("ALA 1981") including those with the benefit of rights within the Order Land or restrictive covenants that
affect titles that make up the Order Land.
Date: November 2018 Page: 18
3.9 The Schedule has been based on information gathered through site inspections and enquiries, response to
notices issued in May 2018 under section 16 of the Local Government (Miscellaneous Provisions) Act 1976
and section 5A of the ALA 1981 and on inspection of Land Registry documents.
3.10 The majority of the freehold within the site is owned by the Council, and the key third party interests are
summarised below:-
Property Owner Leaseholder / Occupier
Great Hall Car Park Tunbridge Wells BC
BNP Paribas Securities Services Trust Company Ltd (managed by Hermes Asset Management) – in respect of 40 parking spaces.
BBC
European Insurance Services Ltd
Hermes Asset Management
Land at Mount Pleasant Road AXA AXA
Mount Pleasant Avenue Car Park
Tunbridge Wells BC AXA
The Lodge, Mount Pleasant Avenue
Tunbridge Wells BC (previously Dr Hossein Hesami)
Dr Simon Azimi, iSmile Dental Practice Ltd
Right of Way through Hoopers’ Car Park
Hoopers Hoopers
Access rights over Mount Pleasant Avenue
Including the Great Hall service road (ownership required).
Tunbridge Wells BC Freeholder & Tenants of Great Hall Arcade and Grove Hill House. UKPN.
Access rights over land adjacent to Grove Hill House
EHJDM Limited Grove Hill House leaseholders and tenants. The Council owns the long leasehold interest in three flats within Grove Hill House.
Demolition
3.11 Once the site has been assembled, the Council will need to demolish the following existing buildings in order
to deliver the Scheme.
• Great Hall car park – two storey brick building plus basement constructed in the early 1980s;
• Dental surgery within Calverley Grounds – single storey former park lodge dating from the 1920s; and
• Toilet block within Calverley Grounds – modern utilitarian building
3.12 In addition, it is proposed to remove various existing walls, including the (unlisted) stone wall along Mount
Pleasant Avenue.
3.13 The Lord Dowding Memorial (a non-designated heritage asset) will be preserved, albeit will be moved to an
alternative location within Calverley Grounds.
Date: November 2018 Page: 19
4. Description of the Scheme
4.1 As part of the Council’s wider economic development plans for Royal Tunbridge Wells town centre, the
overarching objectives of the Scheme are:-
• To provide a new theatre that is of a sufficient size and quality to accommodate touring shows that will
boost the town’s evening economy and cultural offer substantially and improve the overall vitality of the
town centre as a whole;
• To provide a new Council office building that facilitates agile, flexible, collaborative ways of working,
reduces the Council’s overheads and contributes to sustainable economic growth;
• To provide new Grade A office accommodation that will promote economic growth and job creation;
• To improve the Town Centre’s car parking provision, enabling visitors to stay in the town with less
restrictions, benefitting the economy; and
• To create an attractive civic environment that will enhance the main entrance and the western edge of
Calverley Grounds, including a new public square and a new pedestrian priority route from Mount
Pleasant Road.
4.2 As set out in para 2.57 the Council and their professional team have designed a Scheme which delivers
these objectives. Following detailed design to RIBA Stage 3, a planning application (18/00076/Full) was
submitted in January 2018. On 9 May 2018, Planning Committee resolved to grant planning permission for this
application, and on 15 June 2018, planning permission was granted for the Scheme.
4.3 This permission was granted subject to a number of conditions, including:
• Control of the demolition and construction works required to deliver the Scheme;
• Details of various issues such as noise / fumes and odours / surface water drainage plans to be approved
by the Council;
• Landscaping design and Calverley Grounds management plan to be approved by the Council;
• Delivery and servicing management plans to be approved by the Council; and
• Detailed design of areas including the theatre and its fly tower.
In addition, the Council as a landowner entered into a memorandum of understanding with the Council as
planning authority to undertake the type of planning obligations more usually secured by the use of a deed
of agreement under s.106 of the 1990 Act.
4.4 A summary of the Scheme for which planning permission has been granted is set out below
The formal description of development is as follows:
'Full planning permission for the redevelopment of the site to include the demolition of existing buildings
(the Great Hall car pork, the dental surgery in Calverley Grounds and the toilet block in Calverley
Grounds) and provision of new offices (including Council offices, Council Chamber and commercial office
Date: November 2018 Page: 20
space), theatre, underground car parking, and associated landscaping, infrastructure and associated
works.'
4.5 The application which resulted in the grant of planning permission was an application for full planning
permission and for the demolition of unlisted buildings in a Conservation Area (the Great Hall car park, the
dental surgery and the toilet block). The application includes the relocation of the Lord Dowding Memorial
(a non-designated heritage asset) to another part of Calverley Grounds.
Use/Amount
4.6 The proposal was for the use of the site for a theatre (use class Sui Generis), a Council office incorporating
the Council's civic function and an element of commercial office space (use class B1), and an underground
car park (use class Sui Generis). The quantum of Proposed Development for each of these uses is as follows:
• Office building (5,939sqm GEA. including 1,878sqm of commercial office floor space);
• Underground car park (9,991 sq. GEA); and
• Theatre (7,374sqm GEA - 1,200 seats).
4.7 As part of the application for the demolition of unlisted buildings in a Conservation Area, the Scheme
includes the demolition of the following buildings:
• Great Hall car park;
• Toilet block within Calverley Grounds; and
• Dental surgery within Calverley Grounds.
4.8 Although two of these buildings are located within the boundary of Calverley Grounds, a Grade II Registered
Park and Garden, there is no separate consent regime for development affecting Registered Parks and
Gardens. None of the three buildings are listed.
4.9 The Lord Dowding Memorial (a non-designated heritage asset) will be moved to an alternative location
within Calverley Grounds.
4.10 Further detail relating to the amount of new floor space proposed for the office, theatre and
underground car park, as well as additional background information as to what drives this quantum of
development, is provided below.
Office
4.11 Feasibility work undertaken by Allies and Morrison indicated that the Council's requirements (as set out in
Section 2 of this Statement) translate into a need for 1,306 sq. (GIA) of Council office floor space, as well
as a requirement for the entire 1,306 sq. to be on one large floor plate at one level only. Approximately
1,221 sq. (GIA) is required for the civic suite in addition to the Council office floor space.
4.12 The 2,528 sq. (GIA) of Grade A commercial office floor space will contribute to sustainable economic
growth and the creation of new jobs in the town centre and will also help to mitigate the potential loss of
Date: November 2018 Page: 21
office space through the exercise of permitted development rights (Part 3 of Schedule 2 to the Town and
Country Planning (General Permitted Development) (England) Order 2015).
A report by GVA reviewed the office market in Royal Tunbridge Wells' town centre, and the configuration of
the commercial element of the office across multiple floors is related to the marketability of the Grade A
floor space. The GVA report highlighted that creating the flexibility for larger firms to occupy the entire 2,528
sq., as well as an option to break the space into multiple smaller units for smaller firms, maximises the
marketability of the new commercial office space.
Underground car park
4.13 There will be no net loss of parking spaces as a result of the Proposed Development. The Council has
undertaken a financial modelling exercise, based on construction costs and long-term pay-back, to
ascertain that 261 spaces is the optimum size for the underground car park. However, site- specific planning
policy AL/RTW21 (Mount Pleasant Avenue car park) requires the re-provision of existing public car parking
provision on site (254 spaces). Paragraph 3.29 of the Site Allocations Local Plan requires each development
in the town centre to 're-provide at least the same amount of public parking spaces.'
4.14 The Proposed Development will result in the loss of 205 spaces at the Great Hall car park (115 of which are
short-stay public spaces) and 49 spaces at the Mount Pleasant Avenue car park. With 259 new publicly
available spaces proposed, the Scheme will result in a net gain of 5 spaces for Tunbridge Wells town centre
(although, if only the short-stay public spaces are considered, the Proposed Development will result in the
net gain of 95 short-stay public spaces).
4.15 It is intended that the proposed underground car park will be open for use between the hours of 6am and
1am.
4.16 There will be no net loss of parking spaces as a result of the Scheme. It is currently intended that the new car
park would be used primarily as a short-stay car park for use predominantly by shoppers and theatre-goers
but a small number of spaces may be made available as replacement car parking to existing tenants of
Great Hall.
Theatre
4.17 The requirement for a new theatre is largely dictated by the aspiration to provide a theatre in Royal
Tunbridge Wells town centre that is capable of accommodating modern touring shows as set out in para
2.38 above.
4.18 The proposal for a new theatre of 7,374sqm (GEA) and 1200 seats provides adequate space to host modern
touring shows (which the Assembly Hall site cannot accommodate) and a more appealing audience
experience with an auditorium designed to modern standards. With shows becoming more and more
complex, and this creating increasing demands on venues' technical and backstage facilities, the
specification for the new theatre will help to ensure that Royal Tunbridge Wells can successfully adapt to the
fast-changing market and continue to attract the touring 'product' and audiences into the future.
Date: November 2018 Page: 22
Layout
4.19 The layout of the Scheme has been designed to enhance the western entrance to Calverley Grounds and
provide a high quality contemporary response to the original Arcadian parkland design whilst minimising
impacts on the local environment (including existing trees, townscape and visual amenity).
4.20 Unlike the Victorian development along Mount Pleasant Road that turned its back on Calverley Grounds,
the Scheme faces the park. The new square between the proposed buildings, just off Mount Pleasant
Avenue, will help improve the relationship between the park and the town, creating a high quality public
space to draw people from Mount Pleasant Road into an attractive civic environment from which the new
buildings and the park can be accessed.
4.21 In order to minimise the impact of the Scheme on existing trees and topography, the underground car park
is proposed adjacent to the office building where it is more easily buried (requiring less earth-moving) and
has less impact on existing Grade A and Grade B trees.
4.22 The theatre, which necessarily comprises a fly tower of 25.8m in height (measured from ground level), is
proposed towards the south of the site where the topography allows the building to sit at the lowest point in
the landscape. In order to minimise the impact of the Scheme on townscape, the site's topography has
informed the layout of the Scheme.
Relationship with Calverley Grounds
4.23 In contrast to existing development along Mount Pleasant Road which turns its back on the park, the
proposed development faces Calverley Grounds and creates a new high quality public space between the
two new buildings that enhances the western entrance to the park, provides a high quality contemporary
response to the original Arcadian parkland design and improves the relationship between the park and
town by drawing people from Mount Pleasant Road into an attractive civic environment from which the new
buildings and the park can be accessed.
4.24 The proposed buildings themselves are contemporary in character but draw inspiration from the Arcadian
and picturesque tradition that shaped Decimus Burton's landscape design for the former Calverley Park. The
following design features have been incorporated into the Scheme to reflect the Arcadian and picturesque
tradition:
• The buildings' regular classical bay rhythms;
• The informal but coordinated physical relationship of the buildings to each other; and
• The portico/colonnade features that animate the public entrances and relate the buildings to each
other as well as the wider park.
4.25 The double height colonnades for the public 'front of house' elements of the theatre and office buildings are
clearly visible when looking at the Scheme from across Calverley Grounds. Tree planting, as part of the
Proposed Landscape Scheme screens the 'back of house' elements of the theatre and office, helping to
signal which parts of the building are for public use.
Date: November 2018 Page: 23
Theatre
4.26 The specification for the new theatre has been carefully considered by the Council’s professional team,
specifically to ensure it meets the current and future requirements. This includes the minimum requirement of
1200 seats, the improved front of house and food & beverage areas, and the improved stage wings set out
in the Bonnar Keenlyside report.
4.27 It will help to ensure that Tunbridge Wells can successfully adapt to the fast-changing market and continue
to attract the high quality touring productions and audiences into the future.
Office & Civic Development
4.28 The proposed office and civic development will be located in the northern part of the site, between the
entrance to Calverley Ground in the south and Philips House (AXA office) to the north.
The Office element of the Scheme comprises:
Component Floor space (Gross Internal Area)
Description
Council Office 1,306 sq. Open plan areas, sub-divided offices, break out and recreational space and facilities for Members, all on one level
Civic Suite 1,221 sq. Reception, private café, innovation space, council chamber (large high quality room that can also be used flexibly for functions or subdivided as necessary), two other meeting rooms
Commercial Office(s) 2,528 sq. Grade A office accommodation built to a high quality specification, capable of being occupied as one unit or subdivided into multiple smaller units, arranged over two levels.
TOTAL 5,055 sq.
4.29 When viewed from Mount Pleasant Avenue, the building comprises three floors of office accommodation
and two floors of car parking above ground level, as well as two floors of car parking below ground. When
viewed from Calverley Grounds, the office building comprises three floors of office accommodation above
ground level, as well as four floors of car parking below ground.
4.30 The main entrance to the Civic Suite and offices is located on the new public square, opposite the theatre.
4.31 Within the Calverley Square development there will be a generously sized reception / café area, where
Councillors, staff and tenants can hold informal meetings, or it can be used as a flexible space for events,
functions and exhibitions. Adjoining this behind a sliding partition, is an Innovation Space with flexible use
that can be joined with the café. The intention is that the internal activity at ground floor level will provide
animation to the square.
Date: November 2018 Page: 24
4.32 The new Calverley Square development will replace the existing Civic Complex. The new Grade A
commercial office accommodation will contribute to sustainable economic growth and the creation of new
jobs in the town centre.
4.33 The design, configuration and floor plates of the office accommodation have been designed to maximise
the marketability of the new commercial accommodation and the Council's use of them.
Public Realm
4.34 1,183sqm of new public realm will be created as a result of the Scheme, namely:
• a new public square which lies at the heart of the Scheme, designed as a pedestrian friendly area. This
public square will provide a focal point for the Calverley Square development, and will be a new and
positive addition to Royal Tunbridge Wells town centre;
• a landscaped terrace above the civic suite which would be accessible to the public but controlled
during some hours for security reasons; and
• a continuous grass slope down from Calverley Grounds into the new square.
4.35 The theatre would have an important relationship with Calverley Grounds, increasing the enjoyment of the
park by theatre-goers, who would view the Grounds from the building and could take a stroll before or after
the performances. Conversely, the theatre would also provide facilities for visitors to the park throughout the
day. The foyers would be open (at least in part) during the day, providing an all-day café / deli.
4.36 The key driver of the access strategy for the proposed theatre was the aim of the Council to create the
strongest pedestrian route between Calverley Grounds and Mount Pleasant Road. This was the main reason
why some of the potential alternative servicing routes were discounted during the design development
stages.
Summary of Reasons for Recommendation
4.37 Within the Officers report to Planning Committee, dated 9 May 2018, the Head of Planning Services set out
key considerations and reasons for approval, which are as follows:
• There is no objection to the principle of the Scheme as the proposed uses are appropriate uses within a
town centre, and part of the site, where the proposed office is located, is allocated for office use in the
SALP under Policy AL/RTW21 (the footprint of the office and underground car park extends beyond this
allocation).
• The development would provide additional commercial office accommodation, a new civic suite, a
new theatre designed to attract touring shows; and replacement car parking within Tunbridge Wells
town centre, the combined effect of which will be to boost the local economy, add to the cultural offer
for the benefit of the Borough’s residents and visitors to the town and improve the quality of the town
centre’s parking provision to the benefit the town centre. As such it would comply in principle with the
Development Plan and national planning policy.
• An assessment has been made of the significance of the heritage assets affected by these proposals
and the degree to which they are harmed or otherwise affected. These include the Calverley Park and
Date: November 2018 Page: 25
Calverley Grounds Registered Park and Garden (RPG), Royal Tunbridge Wells and Rusthall Conservation
Area (CA), various identified Listed Buildings whose settings may be affected and various identified non
designated heritage assets. It has been concluded that:
I) The Scheme would cause less than substantial harm to the character, amenities and setting of
Calverley Park and Calverley Grounds Grade II Registered Park and Garden. However, this harm is
clearly and convincingly justified, and outweighed by the public benefits of the proposals. In
addition conditions relating to landscaping and a Park Management Plan will help to mitigate the
harmful impacts of the development.
II) Whilst the proposals would not cause harm to the character and appearance of the CA as a whole
there would be a low level of harm to part of the conservation area. However, this harm is clearly
and convincingly justified and outweighed by the public benefits of the proposals. The proposals are
considered to preserve the character and appearance of the CA as a whole.
III) Whilst the proposals would cause harm to the setting of the former Calverley Hotel (Hotel du Vin)
Grade II listed building this harm is considered to be less than substantial in the terms of NPPF 2012
paragraph 134 (now paragraph 196 of the NPPF 2018), is a low level of harm and is clearly and
convincingly justified, and outweighed by the public benefits of the proposals.
IV) The Great Hall car park and toilet block that are proposed to be demolished are not considered to
make a positive contribution to the significance of the Conservation Area and whilst the demolition
of the Lodge building would result in the loss of a building that makes a positive contribution to the
Conservation Area, the harm resulting from this loss, which is considered to be less than substantial, is
outweighed by the economic regeneration benefits of the proposals in accordance with Local Plan
Policy EN4.
V) there would be no harm to non-designated heritage assets
• The scale, layout and design of the development would respect the context of the site and would
preserve the visual amenities of the locality.
• Sustainable design, energy efficiency and renewable energy measures have been satisfactorily
incorporated within the proposals.
• Subject to the Council offering to provide acoustic glazing and mechanical ventilation to the identified
adversely affected neighbouring dwellings, secured by a Memorandum of Understanding, as well as
other mitigation measures through planning conditions the development would not cause significant
harm to the amenities of nearby dwellings and other properties by reason of noise and disturbance.
• The development would not cause significant harm to the neighbouring dwellings by way of loss of
daylight, overshadowing, having an over-bearing impact or loss of privacy.
• The traffic movements generated by the development can be accommodated without detriment to
highway safety.
• The development is well served by sustainable transport modes and suitable measures have been
proposed to meet the needs of pedestrians and cyclists.
Date: November 2018 Page: 26
• Adequate on-site provision is made for the parking of vehicles, with sufficient numbers of parking spaces
being made available to replace those not utilised as a result of the development
4.38 Public realm improvements and other public benefits and mitigation measures will be secured by means of
planning conditions.
• Other environmental impacts have been assessed and there are not any which are potentially
significant and which cannot be controlled by conditions.
• Other concerns raised are not considered to be sufficient to justify refusal.
Impact on Calverley Grounds
4.39 The Planning Committee Report 9 May 2018 stated at 10.152-10.155:
• The applicant’s Design and Access Statement (p.62) illustrates the extent to which the proposals
encroach into Calverley Grounds and also where they expand the current area of the Grounds.
• The footprint of the theatre lies adjacent to but does not encroach into the Grounds.
• The office element of the office / Civic suite building encroaches eastwards into the Grounds by
approximately 9m and the Civic suite encroaches approximately 21m.
• A total of 1,007sqm of parkland is affected by the proposed office and the emergency escape for the
car park.
• The greatest incursion into Calverley Grounds is made by the underground car park, which extends
eastwards by approximately 56m and affects a further 1,454sqm of parkland. However, this area will be
re-landscaped and returned to open parkland use.
• If the area of the underground car park is excluded, the amount of land within Calverley Grounds that is
affected by the consented scheme is approximately 1,007sqm, which represents 2.18% of Calverley
Grounds.’
4.40 Accessible public toilets would also be provided to replace the existing facilities in Calverley Grounds. In the
evening the food offer would change to a café / bar. There would be direct, level, access from Calverley
Grounds into the main theatre café / bar and main foyer, which would also have sheltered seating within
the open colonnade. In addition to the main ground floor bar there would be two smaller bars at the upper
levels.
4.41 Details of relevant planning policies are set out at section 7 of this Statement.
Date: November 2018 Page: 27
5. The enabling Powers for the Compulsory Purchasing
Order
Section 226 (1) (a) of the Town and Country Planning Act 1990
5.1 Section 226 of the Town and Country Planning Act 1990 (“the 1990 Act”) empowers local authorities to
compulsorily acquire land for development and other planning purposes.
5.2 Section 226(1)(a) of the 1990 Act gives a local authority power to acquire compulsorily any land within its
area if it thinks that the acquisition will facilitate the carrying out of development, re-development or
improvement on or in relation to the land.
5.3 Section 226(1)(a) is subject to subsection (1A) which provides that the local authority must not exercise the
power unless it thinks that the proposed development, re-development or improvement is likely to contribute
to any one or more of the following objectives;
(a) The promotion or improvement of the economic well-being of their area;
(b) The promotion or improvement of the social well-being of their area;
(c) The promotion or improvement of the environmental well-being of their areas.
5.4 This Order was made under section 226(1) (a) of the 1990 Act.
Section 13 Local Government (Miscellaneous Provisions) Act 1976
5.5 Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 (“the 1976 Act”) empowers local
authorities to purchase new rights over land, where the acquisition of the land itself is not required and
where such rights are not in existence when the compulsory purchase order is made.
5.6 This Order seeks new rights for access, utility installation and crane oversailing in order to deliver the Scheme.
5.7 Section 6 below explains why the exercise of these powers is appropriate to deliver the Scheme.
Government Guidance
5.8 Central government guidance on the use of compulsory purchase powers is provided in the February 2018
Ministry of Housing Communities and Local Government document entitled ‘Guidance on Compulsory
purchase process and The Crichel Down Rules’ ‘the 2018 Guidance’ [CDA.08] and makes clear that a
compulsory purchase order should only be made where there is a compelling case in the public interest.
5.9 The Council has taken full account of this overarching consideration in making the Order. The 2018
Guidance makes clear that compulsory purchase is intended as a last resort in the event that efforts to
acquire by agreement fail. However, the 2018 Guidance also acknowledges that local authorities will need
to consider when the land to be acquired will be needed and should plan a compulsory purchase timetable
in parallel with conducting negotiations. Stage 3 of Tier 1, para 17, of the 2018 Guidance recognises that,
Date: November 2018 Page: 28
given the amount of time needed to complete the statutory procedures, it may often be sensible to initiate
compulsory purchase in parallel with such negotiations.
5.10 The 2018 Guidance at Tier 1, paragraph 2 sets out that acquiring authorities should be sure that the purposes
for which the compulsory purchase order is made justify interfering with the human rights of those with an
interest in the land affected. It requires that the officers’ report seeking authorisation for the compulsory
purchase order should address human rights issues. Section 10 of this Statement sets out further consideration
of human rights.
5.11 Tier 1, paragraph 2 also sets out that acquiring authorities are required to demonstrate that they have taken
reasonable steps to acquire all the land and rights included in the Order by agreement. The Council has
sought to acquire the interests by agreement and continues to do so alongside the making of the Order.
Further information is set out in section 9 of this Statement.
5.12 Tier 1, paragraph 6 provides guidance on how due regard should be given to the Public Sector Equality Duty
should be taken into account when making a compulsory purchase order in accordance with the Equality
Act 2010. Section 11 of this Statement provides further information on how the Council have considered this
throughout the process.
5.13 Tier 2, section 1 provides specific advice on the making of orders under section 226 of the 1990 Act.
Paragraph 95 of section 1 states that the powers under section 226 are intended to provide a positive tool to
help acquiring authorities with planning powers to assemble land where this is necessary to implement
proposals in their Local Plan or where strong planning justifications for the use of the power exist.
5.14 Paragraph 97 refers to section 226(1)(a) of the 1990 Act enabling acquiring authorities with planning powers
to acquire land if they think that it will facilitate the carrying out of development, redevelopment or
improvement on, or in relation to, the land being acquired and it is not certain that they will be able to
acquire it by agreement.
5.15 Paragraph 103 of the same section refers to section 226(1)(a) being restricted under section 226(1A),
providing that the acquiring authority must not exercise the power unless they think that the Scheme,
redevelopment or improvement is likely to contribute to achieving the promotion or improvement of the
economic, social or environmental well-being of the area for which the acquiring authority has
administrative responsibility. It makes clear that the benefit to be derived from exercising the power is not
restricted to the area subject to the compulsory purchase power as the concept of the well-being is applied
to the whole (or any part) of the acquiring authority’s area.
5.16 Paragraph 104 sets out further information on the justification required to support an order to acquire land
compulsorily under section 226(1)(a) of the 1990 Act. This includes;
• Programme of land assembly to be set within a clear strategic framework.
• Such a framework needs to be founded on an appropriate evidence base and to have been subjected
to consultation processes.
• The planning framework should be as detailed as possible in order to demonstrate that there are no
planning or other impediments to the implementation of the Scheme.
Date: November 2018 Page: 29
• Consideration of the National Planning Policy Framework as this is a material consideration in all planning
decisions.
5.17 Paragraph 106 further provides that in making a decision on whether to confirm an Order under section
226(1)(a), the Secretary of State will take into account the following factors;
• Whether the purpose for which the land is being acquired fits in with the adopted Local Plan for the area
or, where no such up to date Local Plan exists, with the draft Local Plan and the National Planning Policy
Framework.
• The extent to which the proposed purpose will contribute to the achievement of the promotion or
improvement of the economic, social or environmental wellbeing of the area.
• Whether the purpose for which the acquiring authority is proposing to acquire the land could be
achieved by any other means. This may include considering the appropriateness of any alternative
proposals put forward by the owners of the land, or any other persons, for its reuse. It may also involve
examining the suitability of any alternative locations for the purpose for which the land is being
acquired.
• The potential financial viability of the Scheme for which the land is being acquired as well as a general
indication of funding intentions, and the timing of available funding.
5.18 Section 18 of the 2018 Guidance provides guidance on the compulsory purchase of new rights including
under the 1976 Act (paras 235-248).
5.19 As stated above the Council has taken the Guidance into account in making the Order and the enabling
powers referred to above are the most appropriate powers to use to facilitate the delivery of the Scheme.
5.20 The Scheme will facilitate the redevelopment of the Order Land and will contribute to the improvement of
the economic, social and environmental well-being of the Council’s area.
5.21 The use of section 13 of the 1976 Act is also required in order to facilitate the Scheme.
Date: November 2018 Page: 30
6. The Purpose and Justification for the use of
Compulsory Purchase Powers
6.1 The Council is committed to securing the Scheme. The need for the Scheme is set out in adopted planning
policy (see section 7 below), the Culture Strategy and the 5 year Economic Development Strategy. The
Scheme accords with the planning framework and delivers the Council’s Corporate Objectives, as set out in
the Council’s Five year Plan (2017-2022). The Scheme includes three of the eight ‘Big Projects’ within that 5
Year Plan, delivering the Council’s vision.
6.2 As set out in para 2.57 above, the Scheme will deliver three of the eight ‘Big Projects’ within the 5 year plan,
namely:
• Delivery of a new theatre in Tunbridge Wells;
• Delivery of a new civic development and office space in Tunbridge Wells;
• Improving public realm in Tunbridge Wells.
6.3 The Council has followed a transparent and objective decision-making process, based on professional
advice, in making the decision to exercise its compulsory purchase powers to ensure delivery of the
development proposals and in doing so improve Tunbridge Wells Town Centre. A summary of the Council
decision making process is set out in para 2.65 above.
6.4 The Council has made reasonable preparations to make the Order, and this has included carrying out all the
necessary due diligence such as land referencing as well as ensuring reasonable efforts to acquire have
been undertaken (section 9).
6.5 The Council resolved, in principle, to the use of its compulsory purchase powers on 6 December 2017, and
subsequently resolved to make the Order on 19 July 2018.
6.6 The section below sets out the purpose and justification of the use of compulsory purchase powers.
6.7 The Council believes that the use of compulsory purchase powers is necessary to facilitate the Scheme and
that the delivery of the Scheme will result in improvements to environmental, social and economic wellbeing
of the area.
6.8 At section 6.11-6.27 below the Council sets out the economic, social and environmental wellbeing benefits
the Scheme will deliver.
6.9 Acquisition of all of the land and rights within the Order Land is necessary to deliver the Scheme and
implement the planning permission. Careful consideration has been given to every parcel of land and right
included in the Order and the Council is satisfied that all of the Order Land is required to enable delivery of
the Scheme.
6.10 The Council have sought to acquire as much of the Order Land and rights as possible by negotiation and will
continue to seek to acquire as many of the remaining interests as possible by negotiation in parallel with the
Date: November 2018 Page: 31
making of the Order. This is consistent with paragraphs 2 and 17 of Tier 1 of the 2018 Guidance. Further
information on the Council’s efforts to acquire is set out in Section 9 of this Statement.
Social, economic and environmental wellbeing
6.11 The key social, economic, and environmental wellbeing benefits of the Scheme are set out below:
6.12 The new Civic offices will provide a more efficient and flexible headquarters for the Council within Royal
Tunbridge Wells, allowing the Council to retain its base within the town centre at a lower cost. This will allow
more efficient use of council resources and ensure provision of a wide range of Council services. This will also
retain the Council work force in the town centre, with the associated economic benefits to the town centre.
This will increase the economic and social wellbeing of the area.
6.13 The provision of much needed additional modern good quality office space to meet the identified need
(see para 2.27 to 2.35 above) and to replace the reduction in office space due to residential conversions
through permitted development will allow small and medium sized businesses to remain and grow within the
town centre. By increasing the range and type of employment opportunities available, and retaining
businesses within Tunbridge Wells, this will improve the economic and social wellbeing of the area.
6.14 The additional commercial office space within the Scheme will provide 252 additional FTE jobs (full time
employee, or equivalent in part time hours) within the town centre (Lichfields report 2018 CDD.08). This
provides economic and social wellbeing benefits to the area.
6.15 Within the report, Lichfields estimate that the new commercial offices will provide additional £0.2m town
centre expenditure per annum for restaurants, shops and services within the town centre. This provides
economic wellbeing benefits.
6.16 The new theatre will provide modern facilities to allow high quality touring productions to perform in Royal
Tunbridge Wells, enhancing the attractiveness of the theatre to residents and visitors and providing a
valuable widening of the range of cultural activities within Tunbridge Wells, expanding the variety and
quality of shows available within Royal Tunbridge Wells (see para 2.39 to 2.40 above) for residents. This
enhancing of the cultural activities within Tunbridge Wells will provide benefits to the social wellbeing of the
area.
6.17 The new theatre will provide enhanced facilities to a wide range of local community and voluntary groups
within the area, such as TWODS, TW Puppetry Festival, Royal TW Choral Society, TW Dance Festival and the
Royal TW Symphony Orchestra, benefitting the social wellbeing of the area.
6.18 The new theatre will also create additional jobs within Royal Tunbridge Wells. Within the Lichfields report, they
estimate a net increase of 35 FTE jobs from the new theatre facilities. This provides economic and social
wellbeing benefits to the area.
6.19 Within their report, Lichfields estimate an additional £0.9m Food and Beverage Expenditure per annum within
the theatre due to improved facilities. This provides economic benefits to the area.
Date: November 2018 Page: 32
6.20 Within the report, Lichfields identify net additional Town Centre expenditure of £1.3m per annum. This
includes restaurants, shops and other businesses within the town centre, providing economic wellbeing
benefits.
6.21 The Scheme will create a new pedestrian friendly approach to Calverley Grounds and a new public square,
improving connectivity to Mount Pleasant Road. The Council considers this will improve access to Calverley
Grounds and increase the number of users of the Calverley Grounds facilities. This will improve the
environmental and social wellbeing of the area.
6.22 The Scheme is mid-point between the attractions of The Pantiles in the south and the Royal Victoria Place
shopping centre in the north of the Town Centre, linking the two areas, and increasing permeability of the
town centre. The new public realm and entrance to Calverley Grounds will encourage users to the park, and
improve the environmental wellbeing of the area.
6.23 The new civic office and theatre will be of high architectural quality, responding to the historic context of
Calverley Grounds and the conservation area. This will provide environmental wellbeing benefits to the area.
6.24 The new theatre will provide enhancement of the range of cultural offers and the annual events calendar,
in-line with the Tunbridge Wells Borough Council Cultural Strategy’s vision to grow its role as the cultural
centre of the Kent & Sussex High Weald. This will provide economic and social wellbeing benefits to the area.
6.25 By providing increased employment opportunities and sustainable economic growth within the town centre,
the Scheme will enable increased jobs accessible by public transport. The consequent reduction in the need
for commuting to work, particularly car-based commuting, will provide environmental wellbeing benefits to
the area.
6.26 Short term construction jobs will be created over the three year construction period. In addition, Mace, the
Council’s contractor, have committed to providing training and apprenticeship opportunities during the
construction period.
6.27 The economic benefits of the Scheme were assessed within the planning application and further details are
set out in the Head of Planning Service’s report to Planning Committee (CDB.14) at section 10.104 and
11.10-11.12.
6.28 The Council has carefully considered all property interests and rights included within the Order in order to
minimise the acquisition of third party land and rights and creation of new rights required to ensure delivery
of the Scheme.
6.29 As set out in section 3.10 above, the Council proposes to acquire the Order Land and rights set out within the
Order Plan and detailed Order schedule.
6.30 The land coloured pink on the Order Plan is land over which the Council seeks to acquire third party property
rights and interests.
6.31 The land coloured blue on the Order Plan shows land over which the Council seeks to acquire new rights
over land.
Date: November 2018 Page: 33
6.32 The Council needs to acquire all third party land interests and rights within Mount Pleasant car park and
adjacent land in order to deliver the new Civic Offices and associated car parking and public realm
improvements.
6.33 The Council needs to acquire all third party land and rights within the Great Hall Service Road and Car Park
and Mount Pleasant Avenue to deliver the new theatre and associated public realm.
6.34 The Council needs to acquire new rights of access over Hoopers yard and car park and land adjacent to
Grove Hill House, together with rights to carry out works to deliver this access, in order to provide appropriate
access and servicing to the new theatre and for refuse collection.
6.35 The Council needs to acquire oversailing rights over properties shown below for the period of construction
only in order to construct the new theatre and offices including.
o AXA, Phillips House, Crescent Road, Tunbridge Wells TN1 2PL.
o Part of Mount Pleasant Avenue by the AXA car park.
o 44 – 50 (evens) Mount Pleasant Road, Tunbridge Wells, TN1 1RB.
o Mount Pleasant Avenue by Grove Hill House.
o 13 Mountfield Road, Tunbridge Wells TN1 1SG.
Compelling Case
6.36 Without confirmation of the Order, the Scheme cannot proceed, as the Council does not own all the
relevant interests. If the Scheme does not proceed the wellbeing benefits set out above will be foregone.
6.37 The Council is satisfied that there are no planning or other impediments to the implementation of the
Scheme.
6.38 Taking account of the benefits above, the Council believes that the public benefits of the Scheme outweigh
the loss to affected parties, and that the interference with property and other rights is proportionate.
Consequently it is the Council’s case that there is a compelling case in the public interest sufficient to justify
the making and confirmation of this Order.
6.39 Failure to confirm the Order would lead to the loss of the opportunity to provide the new Civic Offices,
commercial offices and theatre, together with the improvements to public realm and entrance to Calverley
Grounds.
Date: November 2018 Page: 34
7. Planning Status of the Order Land and the extent to
which the Scheme fits in with the Development Plan
and the National Planning Policy Framework
7.1 A comprehensive appraisal of the Scheme and all relevant planning policy is set out in the Officer’s report to
the Council’s planning committee. The Scheme substantially accords with the adopted planning framework
at the time of the decision on the planning application.
7.2 The planning application and decision for the Scheme were made having regard to the National Planning
Policy Framework published in March 2012 (NPPF 2012) (CDC.01). In July 2018, government published a new
National Planning Policy Framework (NPPF 2018) (CDC.02), following the decision made on the planning
application for the Scheme. The Scheme is consistent with the NPPF 2018.
7.3 The following section summarises how the Scheme meets key planning policy objectives and accords with
the adopted Development Plan as a whole.
Strategic Planning Framework
7.4 A comprehensive appraisal of the Scheme and all relevant planning policy is set out in the Officer’s report to
the Council’s Planning Committee on 9th May 2018.
7.5 The following section summarises the planning policy context, how the Scheme meets key planning policy
objectives, accords with the adopted Development Plan as a whole, the Civic Development Planning
Framework that has been prepared to guide development on the site, and has been informed by a
comprehensive programme of consultation with the local community and other stakeholders.
Relevant Planning Policies
7.6 In addition to the suite of general development management policies, there are a number of specific
policies relating to the site. Collectively, these policies provide the planning framework against which the
Proposed Development should be assessed and are a material consideration in the determination of any
planning application.
• Local Plan Policy ENl - requires that new development would not cause significant harm to the amenities
or character of the area (in terms of noise, vibration, smell, safety, traffic generation, daylight/sunlight)
and that the design of the proposal respects the context of the surroundings. The Policy also requires that
significant buildings or trees (that are important to the character of the area) are not lost.
• Local Plan Policy EN4 Conservation Area - restricts demolition of buildings within a Conservation area
unless an overriding case against specific criteria can be made (for example, the condition of the
building and cost of repairing and maintaining it, the merits of alternative proposals, whether
redevelopment would produce substantial benefits for the community).
Date: November 2018 Page: 35
• Local Plan Policy EN5 Conservation Area - lists specific criteria that development proposals within a
Conservation area must satisfy, including preserving or enhancing the character and appearance of
the area.
• Local Plan Policy TPl -large scale non-residential development should be accompanied by a Transport
Assessment and a Travel Plan.
• Local Plan Policy TP4 - the road hierarchy should have adequate capacity to cater for the traffic
generated by the development and the access should be safely located.
• Local Plan Policy TP7 Central Parking Zone - car parking associated with new 'A' 'B' and 'D' class (and
other commercial) development is limited to 'operational' needs only.
• Local Plan Policy TP9 - Kent County Council cycle parking standards for non-residential development will
be applied.
• Local Plan Policy ED1 Economic Development Area - proposals for B1 development greater than 500sqm
of floor space should be located within the Economic Development Area.
• Local Plan Policy EN11 Historic Parks and Gardens- there should be no significant harm to the character,
amenity or setting of a historic park or garden.
• Local Plan Policy EN24 Arcadian Area - proposals for development that would affect the character or
appearance of an Arcadian Area should be a low density of development where building heights, site
coverage and building lines respect the character of the area.
• Local Plan Policy EN21 Areas of Important Open Space - proposals for development affecting Areas of
Important Open Space, as defined on the Proposals Map, will only be permitted where no significant
harm would be caused to the appearance or open character of the designated area and the
development would not materially detract from the contribution which that area makes to the locality.
• Core Strategy Strategic Objective SO1 - seeks to meet the Borough's requirements for housing,
employment, retail development and other supporting infrastructure.
• Core Strategy Strategic Objective SO4 - seeks to facilitate the provision of enhanced infrastructure.
• Core Strategy Policy CS4 Environment - states that the Borough's listed buildings, Conservation areas and
historic parks and gardens will be conserved and enhanced. It notes that special regard will be given to
the setting of these heritage assets.
• Core Strategy Policy CS7 Employment Provision - identifies Royal Tunbridge Wells town centre as a Key
Employment Area, where development of new floor space will be encouraged. Employment
development on unidentified sites will be permitted if there is no adverse impact on residential amenity,
local character or highway capacity and if the proposal is not contrary to other Development Plan
policies.
• Core Strategy Policy CS8 Retail, Leisure and Community Facilities Provision - requires that the capacity,
quality and accessibility of cultural and community facilities is maintained or improved, and that the loss
of community facilities is resisted.
• Core Strategy Policy CS9 Development - sets out the requirements for the sensitive regeneration of Royal
Tunbridge Wells, through development (and redevelopment) for a mix of uses, including housing,
employment, health, retail, leisure and culture. The policy requires that the existing amount of floor
Date: November 2018 Page: 36
space in the Key Employment Area is maintained and that encouragement is given to increase the
proportion of B1 office space through development or redevelopment of floor space for purpose built
accommodation.
• Site Allocations Local Plan Policy AL/RTW21 - the Mount Pleasant car park site is allocated for office
employment uses providing approximately 3,200sqm (gross) floor space. The policy states that
opportunities to re-provide a similar amount of public car parking provision on site shall be explored.
• Site Allocations Local Plan Policy AL/RTW2A- requires no net loss of existing cultural and leisure facilities
from the Area of Change unless these are re-provided elsewhere in the town centre.
7.7 The Civic Development Planning Framework and the Supplementary Planning document embraces the
proposals for a new civic development, offices and theatre at Calverley Grounds/Great Hall and Mount
Pleasant car park, as well as the future of the Library, Museum and Art Gallery, Town Hall, Assembly Hall
Theatre, Police Station, and Magistrates Court, Crescent Road Car Park and adjacent 9-10 Calverley Terrace
Office & Civic Facilities (Principle of Development)
Policy Summary
7.8 The NPPF 2012 (para 17) (para 81 NPPF 2018) states that planning should proactively drive and support
sustainable economic development to deliver the homes, business and industrial units, infrastructure and
thriving local places that the country needs. It states that planning should promote the utility of our main
urban areas.
7.9 Policy at all levels seeks to secure the creation of new employment opportunities to promote economic
wellbeing and sustainability. The NPPF 2012 (para 18, 19 and 20] (para 80 NPPF 2018) emphasises the
Government's commitment to securing and supporting sustainable economic growth, noting that:
'significant weight should be placed on the need to support economic growth through the planning system'
and that local planning authorities should ‘plan proactively to meet the development needs of business and
support an economy fit for the 21st century'.
7.10 In addition, the NPPF 2012 emphasises the Government's commitment to supporting existing businesses
(paragraph 21) (NPPF 2018 para 182).
7.11 The importance of employment provision in the town centre is reflected in the Core Strategy, where Core
Policy 7 encourages the retention of existing employment floor space as well as the creation of new
employment floor space in the Key Employment Areas on allocated sites and vacant sites and through the
intensification or redevelopment of existing sites. The town centre is identified in the Core Strategy as a 'Key
Employment Area’. In addition, Core Policy 9 encourages an increase in the proportion of B1 office space
provided, principally in the town centre, including by the development of floor space for purpose-built
accommodation and Saved Local Plan Policy ED1 requires large scale B1 uses to be located within the
Economic Development Area.
7.12 The site-specific Site Allocations Local Plan policy AL/RTW21 applies to the Mount Pleasant car park site and
allocates the site for office (B1) use. In addition, the Civic Development Planning Framework SPD identifies
the opportunity for a new office building and civic suite on the Mount Pleasant car park site.
Date: November 2018 Page: 37
Assessment
7.13 In accordance with national planning policy, the Scheme supports sustainable economic growth, providing
Grade 'A' office space in a town centre location, creating the potential for an additional 188 jobs, and
enabling an existing business to operate more efficiently and sustainably into the future. The potential for an
additional 188 jobs relates to the tenant element of the office building (not the Council element) and is
based on the HCA's Employment Density Matrix, assuming 10 sq. per employee (the density anticipated for
an office in the 'finance and insurance' sub-sector).
7.14 The Scheme represents economic development in the town centre and, as a result, is entirely consistent with
the policy objectives of Core Strategy Policy 7 and 9 for the creation of new purpose-built office floor space
in a 'Key Employment Area'. In accordance with this policy, the development will help to maintain the
overall net amount of employment floor space across the Borough for a range of employment generating
uses.
7.15 As Policy AL/RTW21 in the site Allocations Local Plan allocates the Mount Pleasant car park site for office (B1)
use, the principle of the proposed land use is consistent with local policy. Furthermore, the proposal for an
office building on the site accords with the Civic Development Planning Framework, which identifies an
opportunity for a new office building and civic suite on the Mount Pleasant car park site. The Civic
Development Planning Framework has been adopted as an emerging SPD.
7.16 The proposal represents sustainable development on land that is substantially previously developed in an
accessible urban location and there is an opportunity to intensify the use of the land. The Scheme is
therefore considered acceptable in principle.
Theatre
Policy Summary
7.17 One of the Core Planning Principles in para 17 of the NPPF 2012 (para 118 NPPF 2018) is to 'encourage the
effective use of land by reusing land that has been previously developed provided that it is not of high
environmental value'. The NPPF 2012 encourages local planning authorities to pursue policies that support
the vitality and viability of their town centres. Para 23 (para 85 NPPF 2018) states that 'it is important that
needs for retail, leisure, office and other main town centre uses are met in full and are not compromised
by site availability'. Theatres are defined in the NPPF 2012 as 'main town centre uses'.
7.18 The importance of leisure provision within the town centre is reflected in Core Strategy Policy CS8.
7.19 Core Strategy Policy CS8 requires all new retail leisure and other town centre uses to be directed to the
'defined centres' in the Borough. Royal Tunbridge Wells is a 'Primary Regional Centre', at the top of the
hierarchy of 'defined centres '. Policy CS8 resists the loss of community facilities 'as far as practicable' but
states that where there is a demonstrable continuing need the provision of additional facilities will be
supported where they are deficient.
7.20 Core Strategy para 5.214 identifies Royal Tunbridge Wells as the main focus for retail, leisure and cultural
facilities. Para 5.214 acknowledges that having a range of cultural venues, as well as a strong retail sector, is
important to make the town centre distinctive and help it to retain a competitive edge over other towns in
Date: November 2018 Page: 38
the South East. The Core Strategy highlights that a varied town centre offer benefits associated businesses,
such as restaurants, and supports both the day time and evening economy.
7.21 Site-specific Site Allocations Local Plan policy AL/RTW2A applies to the Civic Complex block (defined by
Crescent Road to the south, Calverley Road to the east, Monson Road to the north, Mount Pleasant Road to
the west). Policy AL/RTW2A is relevant to the principle of development and land use at the Great Hall car
park site because it requires there to be no net loss of existing cultural and leisure facilities from the Area of
Change, unless these are re-provided elsewhere in the town centre.
7.22 In addition, the Civic Development Planning Framework SPD identifies the opportunity for a new theatre on
the Great Hall car park site.
Assessment
7.23 In accordance with national policy, this application proposes development that is defined as a 'main town
centre use', on a predominantly brownfield site within the town centre. The Scheme will support the vitality of
the town centre.
7.24 In accordance with Policy CS8, the proposed theatre is within Royal Tunbridge Wells, which is identified in the
Core Strategy as a 'Primary Regional Centre', at the top of the hierarchy of 'defined centres'. In accordance
with Policy CS8, this Scheme is for the provision of a cultural facility on a brownfield site within Royal
Tunbridge Wells.
7.25 Whilst the proposed theatre will result in the loss of an existing cultural and leisure facility (the Assembly
Hall Theatre) from the Area of Change, the facility will be re-provided elsewhere in the town centre, in
accordance with Site Allocations Local Plan Policy AL/RTW2A. The use of the Great Hall car park site for
the proposed theatre constitutes re-provision of an existing cultural facility on a town centre site. The
proposed land use is therefore acceptable in principle.
7.26 Furthermore, the proposal for a new theatre accords with the Civic Development Planning Framework SPD,
which identifies the opportunity for a new theatre on the Great Hall car park site.
7.27 The proposal represents sustainable development on land that is substantially previously developed in an
accessible urban location and there is an opportunity to intensify the use of the land. The Scheme is
therefore considered acceptable in principle.
Car park
Policy Summary
7.28 The NPPF 2012 (para 40) (para 106 NPPF 2018) encourages local authorities to improve the quality of parking
in town centres so that it is 'convenient, safe and secure'. It recognises the importance of ensuring vitality in
town centres, stating that parking charges should be set so that they do not undermine the vitality of town
centres.
7.29 The NPPF 2012 (para 132) (NPPF 2018 para 194) states that 'substantial harm to or loss of designated heritage
assets of the highest significance', which includes grade I and II* registered parks and gardens, should be
Date: November 2018 Page: 39
'wholly exceptional'. Where a development proposal will lead to 'less than substantial harm to the
significance of a designated heritage asset', the harm should be weighed against the public benefits of the
proposals (para 134) (NPPF 2018 para 196).
7.30 At the local level. the importance of improving the quality of parking in town centres and delivering the
homes, business units, infrastructure and thriving local places that the country needs is reflected in Core
Strategy Strategic Objectives SO1 (to meet the Borough's requirements for housing, employment, retail
development and other supporting infrastructure) and SO4 (to facilitate the provision of enhanced
infrastructure).
7.31 Saved Local Plan Policy TP7 requires that on-site car parking associated with new ‘A', 'B', ‘D', and
commercial sui-generis uses within the Tunbridge Wells Central Parking Zone is limited to 'operational' needs
only. Para 11.34 of the Local Plan defines 'operational parking' as 'space for servicing, loading and
unloading and other traffic which must park on the premises for reasons of security, ease of access to
transport, or if the site operates when access to public transport is not available'.
7.32 The site of the proposed car park is designated as an Arcadian Area, Area of Important Open Space, and
Registered Historic Park or Garden on the Local Plan Proposals Map (2006). Saved Local Plan Policy EN11
requires that Historic Parks and Gardens are conserved and enhanced, and that special regard is given to
their setting.
7.33 Para 3.29 of the Site Allocations Local Plan (2016) requires each development in the town centre to 're-
provide at least the same amount of public parking spaces.' In addition, the Civic Development Planning
Framework identifies an opportunity to provide additional car parking on the site. The Civic Development
Planning Framework has been adopted as a non-statutory planning document but is an emerging SPD.
Assessment
7.34 In accordance with national planning policy, which requires local authorities to improve the quality of
parking in town centres, the application proposes a new 261 space car park that will improve the parking
offer within the town centre, helping to underpin the vitality of the town centre.
7.35 Although the proposed car park is not strictly within the boundary of the Tunbridge Wells Central Parking
Zone, the rest of the Scheme is (the theatre and office buildings). However, the new car park is not
associated with the new 'B' or 'D' uses proposed within the Central Parking Zone- it is intended as a new short
stay public car park to replace current provision at the Great Hall and Mount Pleasant car parks. Therefore,
Policy TP7, which restricts on-site parking to 'operational' needs for associated new 'A', 'B', 'D' and
commercial sui-generis uses, does not apply.
7.36 In accordance with Core Strategy Strategic Objectives SO1 and SO4 to meet the Borough's requirements for
supporting infrastructure and to facilitate the provision of enhanced infrastructure), this application proposes
supporting infrastructure to help meet the Borough's requirements for development in the town centre, which
in turn will help to underpin the vitality of the town centre and respond to the very high levels of car
ownership and use within the Borough (as referenced in the Core Strategy, para 2.23).
Date: November 2018 Page: 40
7.37 Para 3.29 of the Site Allocations Local Plan (2016) requires each development in the town centre to 're-
provide at least the same amount of public parking spaces.' Although the Scheme does not provide exactly
the same amount of current parking spaces, as required by paragraph 3.29 of the Site Allocations Local
Plan, 261 new parking spaces - sized according to the relevant KCC standard - are provided as set out at
para 4.17 above.
7.38 The impact of the Scheme on Calverley Grounds is addressed in the Heritage and Townscape Assessment
accompanying the planning application. In accordance with NPPF 2012 para 134, which requires harm to
be weighed against the public benefits of a Scheme (where that harm is 'less than substantial'), the Heritage
and Townscape Assessment demonstrates that the wider public benefits associated with improvements to
an important entrance to Calverley Grounds will decisively outweigh the harm caused to the western edge
of the Registered Park and Garden. The proposed land use is therefore acceptable in principle.
7.39 Extending the proposed car park beneath Calverley Grounds requires careful consideration about the
impact on the park, particularly with reference to Core Strategy Policy 4 and Saved Local Plan Policy EN11,
which require that Historic Parks and Gardens are conserved and enhanced, and that special regard is
given to their setting. The proposed landscape Scheme is an opportunity to enhance the original Arcadian
concept where it has been degraded through municipalisation of this part of the park during the 20th
century (as explained in the Heritage and Townscape Assessment). This is in accordance with planning
policy at all levels which seeks to enhance heritage assets. Further details of the landscape Scheme are
provided in the Design and Access Statement and the plans accompanying the planning application.
Heritage
Policy Summary
7.40 Para 128 of the NPPF 2012 (para 189 NPPF 2018) encourages local planning authorities to request a
description of the significance of any heritage assets affected by the Scheme. Para 131 (para 192 NPPF
2018) encourages local authorities to take account of the desirability of 'sustaining and enhancing' the
significance of heritage assets as well as the desirability of new development making a positive contribution
to 'local character and distinctiveness'.
7.41 Para 132 (NPPF 2018 para 194) requires great weight to be given to the asset's conservation and, in
acknowledging that heritage assets are irreplaceable, requires a 'clear and convincing justification' for any
harm or loss. Paras 133 and 134 (NPPF 2018 para 194-195) set out clear advice to planning authorities
determining applications that lead to 'substantial harm or total loss' or 'less than substantial harm'.
7.42 Para 133 (NPPF 2018 para 195) advises local authorities to refuse consent for Schemes that lead to
'substantial harm or total loss' of significance of a heritage asset unless a strict set of criteria are met,
including whether the substantial harm is necessary to achieve 'substantial public benefits that outweigh
that harm or loss'. Para 134 (NPPF 2018 para 196) explains that where a proposal will lead to 'less than
substantial harm to the significance of a designated heritage asset', the harm should be weighed against
the public benefits of the proposal, including securing its optimum viable use. With reference to the impact
on non-designated heritage assets, para 135 (NPPF 2018 para 197) requires a 'balanced judgement' that has
regard to the scale of any harm of loss and the significance of the heritage asset.
Date: November 2018 Page: 41
7.43 The NPPF 2012 acknowledges that not all elements of a Conservation Area necessarily contribute to its
significance (para 138) (NPPF 2018 para 201) and encourages local planning authorities to look for
opportunities within Conservation Areas and the setting of heritage assets to enhance or better reveal their
significance (para 137) (NPPF 2018 para 200).
7.44 At the local level, Core Strategy Policy 4 requires that the Borough's heritage assets (including Listed
Buildings, Conservation Areas and Historic Parks and Gardens) are conserved and enhanced. It also requires
that 'special regard' is given to their setting.
7.45 Similarly, Saved Local Plan Policy EN1 requires that new development would not result in the loss of significant
buildings and related spaces important to the character of the built up area or to the character or
appearance of a Conservation Area. The criteria of most relevance to the Scheme against which a case will
need to be made if the buildings to be demolished are found to be positive contributors to character, are:
• The merits of alternative proposals for the site, and whether there are acceptable and detailed plans for
any redevelopment; and
• Whether redevelopment will produce substantial planning benefits for the community, including
economic regeneration or environmental enhancement.
7.46 Saved Local Plan Policy EN5 sets criteria that must be satisfied for proposals within, or affecting the character
of, a Conservation Area. The criteria include:
• The Proposal would preserve or enhance the buildings, related spaces, vegetation and activities which
combine to form the character and appearance of the area;
• The siting of the development would be similar to adjoining building frontage lines where this is important
to the character of the Conservation Area;
• The layout and arrangement of the building(s) would follow the pattern of existing development and
spacing of adjoining plot widths where this is important to the character of the Conservation Area;
• The scale, massing, roofscape, use of materials, detailing, boundary treatment and landscaping would
preserve or enhance the character of that part of the Conservation area in which the proposal would
be situated;
• The use, or intensity of use, would be in sympathy with the character and appearance of that part of
the Conservation area in which the proposal would be situated;
• The proposal would not result in the loss of trees, shrubs, hedges or other features important to the
character of that part of the Conservation area in which the proposal would be situated; and
• In meeting the car parking and access requirements, the character and amenity of the area would not
be adversely affected.
7.47 Saved Local Plan Policy EN11 states that 'proposals which would be likely to affect a historic park or garden
will only be permitted where no significant harm would be caused to its character, amenities or setting'.
Date: November 2018 Page: 42
Assessment
7.48 The Heritage and Townscape Assessment accompanying this planning application assesses the impact of
the Scheme on the significance of designated and non-designated heritage assets and on a series of
agreed views from the surrounding area. In the context of national and local planning policies concerning
heritage assets. The subsequent paragraphs in this section address the impact of the Scheme on the
significance of the Conservation Area, Calverley Grounds, and the setting of Listed Buildings and non-
designated heritage assets.
7.49 The Heritage and Townscape Assessment addresses the impact of the Scheme on the four Special Identity
Areas (SIAs) in the Royal Tunbridge Wells Conservation Area: the Civic Area SIA, the Calverley Park SIA, the
Mount Pleasant Road SIA, and the Claremont Road SIA. The Assessment concludes that the impact on the
significance of the Conservation Area is minor adverse (but moderately adverse where the new buildings will
be seen from the carriage drive in front of the Burton villas, only if no mitigation planting is carried out). The
Scheme will enhance the character and appearance of parts of the Conservation Area and will cause less
than substantial harm once mitigation (such as landscaping) is in place.
7.50 Calverley Grounds is a Grade II Registered Park and Garden (RPG). Although the RPG is not protected by a
separate consent regime, it is considered to be a designated asset in accordance with NPPF 2018 Annex 2.
However, the western part of the park (where the development is proposed) is a degraded part of the
whole. Victorian commercial and residential developments along Mount Pleasant Road turn their back on
the park and the ad-hoc 20th century car park developments have resulted in the progressive loss of the
original landscape concept. The Scheme represents an opportunity to enhance the western edge of the
park and to better reveal the significance of this heritage asset in accordance with para 200 of the NPPF
2018.
7.51 Although the Scheme will result in a degree of loss to the park (approximately 1,007sqm), and will introduce
built form into some views that are currently characterised by planting, the Heritage and Townscape
Assessment concludes that the proposals will have a 'moderately adverse' impact on the significance of the
RPG in some locations but a 'moderately beneficial' impact in others. With mitigation that screens views of
the proposals, the overall impact on the RPG is found to be 'minor adverse' and the Scheme would result in
'less than substantial harm' to the significance of the heritage asset. This is in accordance with Local Plan
Policy EN21, which restricts that development that would result in 'significant harm' to the appearance or
open character of the designated area.
7.52 In accordance with para 196 of NPPF 2018, which requires a harm that is 'less than substantial' to be weighed
against the public benefits of the Scheme, the Scheme will substantially enhance the western fringe of the
RPG and provide a high quality contemporary response to the original Arcadian parkland design. In
accordance with Core Strategy Policy 4 and Saved Local Plan Policy EN11, there will be no significant harm
to the character, amenities or setting of the park and there will be significant improvements to repair,
enhance and conserve the Arcadian landscape in this part of the RPG.
7.53 It is important to note that, although approximately 1,007sqm from the park will no longer be utilised as a
result of the proposal, this is offset quantitatively by the addition of 1,183sqm of new public realm (comprising
the public terrace of the office building and the new Square) and the removal of two of the ad- hoc 20th
Date: November 2018 Page: 43
century additions to the RPG (the dental surgery and toilet block - with a combined floor space of 124sqm).
Qualitatively, the unutilised 1,007sqm is offset by the substantial enhancements to the degraded western
entrance to the park.
7.54 The Scheme will result in the loss of the Great Hall car park, dental surgery and toilet block, all of which are in
the Royal Tunbridge Wells Conservation Area (and two of which - the dental surgery and toilet block - are in
the RPG). As mentioned above, the Heritage Statement explains that changes in the park's physical fabric
and landscaping occurred in an ad-hoc fashion during the municipalisation of the park in the 20th century
and concludes that the result of these changes has been to detract from the aesthetic value and integrity of
the parkland.
7.55 The Great Hall car park and toilet block in particular are found to be 'discordant' features that do not
address the park and its design. In accordance with Saved Policy EN1 and EN4, the demolition of the Great
Hall car park and toilet block would not result in the loss of 'significant buildings' or buildings which 'contribute
positively to the character or appearance of a Conservation Area. Although the dental surgery makes some
positive contribution to the significance of the municipal aspects of the park, it detracts from the RPG's
Arcadian qualities. Its replacement by proposals that seek to intensify the Arcadian setting of the RPG has
the potential to directly enhance the RPG's significance as a heritage asset. The Heritage and Townscape
Assessment concludes that 'harm' caused by the loss of the toilet block, dental surgery and Great Hall car
park buildings is less than substantial and should therefore be weighed against the public benefits of the
proposals in accordance with NPPF 2018 para 196.
7.56 The proposed buildings themselves take their facade proportions from classical architecture and reinterpret
them in a contemporary manner. In accordance with Saved Local Plan EN5 (which requires careful
consideration of the siting and layout of buildings), the proposed buildings front the park and create a
meaningful relationship with it rather than turning their back as some buildings on Mount Pleasant Road have
done. The proposed buildings draw inspiration from the Arcadian and picturesque tradition that shaped
Decimus Burton's landscape design for the former Calverley Park. The following design features have been
incorporated into the Scheme to reflect and enhance the Arcadian and picturesque tradition:
• The buildings ' regular classical bay rhythms;
• The informal but coordinated physical relationship of the buildings to each other; and
• The portico/colonnade features that animate the public entrances and relate the buildings to each
other as well as the wider park.
7.57 In accordance with another criterion of Saved Local Plan Policy EN5, the Townscape and Visual Impact
Assessment concludes that the Scheme successfully resolves the scale, form and layout of buildings (as well
as the parkland setting) in this part of the Conservation Area. The Townscape and Visual Impact Assessment
is discussed in further detail elsewhere in this Planning Statement and the scale of development (and
proposed materials) are discussed in further detail in the Design and Access Statement and the Design and
Landscape section of the Planning Statement.
7.58 In accordance with NPPF 2018 para 197 and Core Strategy Policy 4 (which require a 'balanced judgement'
about the scale of harm to non-designated heritage assets and that 'special regard' is had to the setting of
Date: November 2018 Page: 44
listed buildings), the Heritage Statement addresses the impact of the Scheme on the wider setting of the
following historic assets:
• Numbers 1 and 5-24 consecutively) Calverley Villas - Grade II* listed buildings on the north-east and east
edges of Calverley Park;
• Calverley Hotel - a Grade II listed building which incorporates the historic house for which the park was
originally laid out;
• 82 Mount Pleasant Road;
• Trinity Arts Centre;
• Royal Tunbridge Wells Railway Station;
• Town Hall and associated civic complex;
• Numbers 32-62 and 64-78 Mount Pleasant Road (non-designated assets backing onto the site of the
proposed office);
• Great Hall Arcade (non-designated asset);
• Sladen Chambers (non-designated asset facing the entrance to the park from across Mount Pleasant
Road); and
• The memorial to Air Chief Marshall The Lord Dowding (non-designated asset located in a flower bed by
the western entrance to the park).
7.59 Due to topography, distance from the development and screening from the west side of the park by trees,
there will be no impact on the aesthetic or historic value of numbers 1 and 5-24 Calverley Park. Although
glimpses of the development from within the upper floors of the villas may be possible in winter, the
substantial experience will remain unchanged as the development is contained for the most part within the
valley bottom and the uninterrupted views to the treed skyline will continue. Glimpses of the office's upper
floors would be possible from one viewpoint (number 14). With no mitigation, the impact from Viewpoint 14 is
limited to 'moderately adverse'.
7.60 With reference to the Calverley Hotel the Heritage and Townscape Assessment concludes that the proposal
would result in a 'minor adverse' impact on the hotel's setting and that the harm is 'less than substantial' and
must be weighed against the public benefits of the Scheme.
7.61 The Scheme has a neutral, indirect impact on 82 Mount Pleasant Road and the Trinity Arts Centre. No harm is
caused to the assets or their setting. There is no direct harm to the Railway Station and minimal harm
(considerably less than substantial) to the building's contributory setting. There is no impact on the Town Hall
and associated civic complex.
7.62 There will be a 'minor adverse' impact on the setting of numbers 32-62 and 64-78 Mount Pleasant Road but
this is less than substantial harm and can be mitigated by the detailed handling of the new retaining wall
and landscaping. The introduction of the new Square will have a 'minor beneficial' impact.
7.63 There will be a neutral impact on Sladen Chambers and a moderately beneficial impact on the Great Hall
Arcade.
Date: November 2018 Page: 45
7.64 The Scheme also includes the relocation of the memorial to Air Chief Marshall Lord Dowding (currently
located in a flower bed by the western entrance to the park). The memorial's precise location does not
contribute to its relatively low heritage significance and its relocation to a new publicly-accessible site will
have no discernible effect on the value of the asset.
7.65 The Scheme does not result in 'substantial harm' to the significance of the Royal Tunbridge Wells
Conservation Area or the RPG and, in accordance with para 200 of the NPPF 2018, is an opportunity to
'enhance or better reveal' the significance of a designated heritage asset. The provision of additional public
realm between the proposed office and proposed theatre buildings will create an enhanced entrance to
Calverley Grounds. Although the Scheme will result in the loss of the Great Hall car park, dental surgery and
toilet block, the 'harm' caused by this loss is less than substantial and should therefore be weighed against
the public benefits of the proposals (NPPF 2018, para 196). The Heritage and Townscape Assessment
concludes that the considerable public benefits of the proposal more than outweigh the less than
substantial harm of the heritage assets affected.
Planning Permission
7.66 On 9 May 2018, Planning Committee resolved to grant planning permission for: ‘The redevelopment of the
site to include the demolition of existing buildings (the Great Hall car park, the dental surgery in Calverley
Grounds and the toilet block in Calverley Grounds) and provision of new offices (including Council offices,
Council Chamber and commercial office space), theatre, underground car parking, and associated
landscaping, infrastructure and associated works.’ The decision notice was issued on 15 June 2018.
Stakeholder Engagement
7.67 Prior to submission of the planning application for the Scheme, engagement and consultation was carried
out with wider Council members, stakeholders, community groups, businesses and residents. This included a
well-attended public exhibition on 13th and 18th May 2017.
7.68 In addition to a series of pre-application meetings with the Council, meetings to discuss the Scheme were
held with Historic England, Kent County Council (as the Highways Authority) and Design South East.
7.69 The Council will work with its appointed contractor, Mace, to prepare a programme for discharging the
conditions set out within the planning permission.
7.70 Similarly, they will work with the Mace team to ensure any highways consents are progressed and achieved
within the timescale.
7.71 In order to create a cleared site, 66 trees and seven groups of trees would be removed (these groups
comprise a mixture of ornamentals, self-sown trees, the cypress screen behind the toilets, tree like shrubs, and
hedging, totalling approximately 146 additional specimens). The 66 trees to be removed include trees along
the eastern side of Mount Pleasant Avenue, trees within the Mount Pleasant car park, trees within Calverley
Grounds and trees adjacent to the Great Hall Arcade. An equal number of trees will be replanted by the
project.
7.72 Approval for the demolition of the above buildings and removal of the identified trees has been provided
within the planning permission for the Scheme.
Date: November 2018 Page: 46
Conclusion
7.73 The proposed theatre, civic suite/offices and car park are all acceptable town centre uses that would help
to maintain the town centre’s vitality and viability and support sustainable economic growth.
7.74 The Scheme will have wide ranging socio-economic benefits in terms of improvements to the vitality of the
town centre and the Borough’s cultural offer, as well as promoting economic growth in a 'Key Employment
Area'.
7.75 The Council considers that there is a strong planning policy framework for the Scheme, and there is no
foreseeable impediment to delivery in planning terms.
Date: November 2018 Page: 47
8. Delivery Structure and Funding
8.1 The Scheme is an important policy priority for the Council, and it has worked with its advisor team to ensure
that the necessary funding, approvals, consents and all other matters required for delivery of the Scheme
are in place.
8.2 The Council will fund and deliver the Scheme itself. It has worked with a full design management team
throughout the process of deciding to proceed with the Scheme, undertaking the design process and
obtaining planning permission.
8.3 As set out at para 2.65 above, the Council has been working towards delivery of this Scheme since 2014.
8.4 At a Full Council meeting on 6 December 2017, the Council resolved to approve the RIBA Stage 3 designed
Scheme, and that it be funded and proceed to delivery.
8.5 The detailed resolutions included agreement to:-
• Submit a planning application, and submission of any details required to discharge conditions.
• Procure an appropriate consultant team and contractor to enable delivery of the project.
• Acquire land and rights required to deliver the project, either by agreement or by the use of the
Council’s statutory compulsory purchase powers if required.
8.6 Further details of actions since December 2017 are set out below.
8.7 A planning application has been submitted, and planning permission has been granted for the Scheme.
8.8 The Council has procured an appropriate consultant team and contractor to deliver the Scheme.
8.9 The Council has taken, and continues to take, steps to acquire the relevant interests by agreement, as
referred to at Section 9 below.
Council Calverley Square Development Project Team
8.10 The Council has worked with an experienced professional team to date, and will continue to work with this
team through to delivery of the Scheme.
8.11 The Council appointed GVA to manage the design team in 2016. Architects Allies & Morrison were
appointed as sub-consultants to GVA.
8.12 The Council appointed Mace as its main design and build contractor in June 2018. Nicholas Hare Architects
are appointed as sub-consultants to Mace. GVA are still appointed by the Council as project managers.
8.13 Following appointment of the contractor, detailed design of the Scheme is progressing to allow
commencement of construction within the Scheme programme.
Contractor
Date: November 2018 Page: 48
8.14 Following a full competitive tender process, Mace Group Ltd (“Mace”) has been appointed to be the
Council’s contractor to deliver the Scheme. Mace is a global consultancy and construction firm
headquartered in London, United Kingdom, employing approximately 4,500 people, across five continents
with a turnover in excess of £2bn.
Experience of Delivery of Similar Schemes
8.15 Mace has significant experience of delivering mixed use complex construction projects in urban locations.
8.16 Of particular interest in relation to the Scheme delivery are their experience of two fundamental construction
elements of the Calverley Square development – firstly the deep basement excavation under the Offices
and secondly the integrated design of the new theatre.
8.17 Mace has worked on Schemes which include these identified difficult elements in the past, and a selection
of the most relevant experience is highlighted below.
• Nova – a major mixed-use destination in the heart of Victoria – required construction of the biggest
basement in Europe, stretching over one hectare and requiring the equivalent of four levels of
excavation and structure (equivalent to 14m deep). Set on a 5.5 acre island, the basement covers the
whole of the site, and shares boundaries with the current Victoria Station upgrade project, a future
Crossrail tunnel and link, and a deep sewer.
• Lyric theatre, Royal Shakespeare theatre, as well as providing space for the Southwark Playhouse
theatre.
Funding
8.18 The Council will fund the Scheme from its own funds and already has guaranteed the availability to borrow
from the Public Works Loan Board (PWLB). The Council is satisfied that the Scheme is capable of being
funded via the PWLB.
8.19 The Public Works Loan Board (PWLB) founded in 1793 is a statutory body operating within the United Kingdom
Debt Management Office, an Executive Agency of HM Treasury. PWLB's function is to lend money from the
National Loans Fund to local authorities, and to collect the repayments.
8.20 Since 2004, major local authorities have been able to borrow (mainly for capital projects) without
government consent, provided they can afford the borrowing costs. To this end, they are required by law to
“have regard” to the Prudential Code, published by the Chartered Institute of Public Finance and
Accountancy (CIPFA). The PWLB requires assurance from the authority that it is borrowing within relevant
legislation and its borrowing powers.
8.21 The PWLB does not require information on the purpose for a loan. Responsibility for local authority spending
and borrowing decisions lies with the locally-elected members of the council, who are democratically
accountable to their electorates.
8.22 The Council, together with its professional team, has undertaken a rigorous assessment of the costs involved
in delivering the Scheme and the income receivable from the Scheme. This has included the preparation of
a business plan for the proposed new theatre, and a consolidated Business Case for the overall Scheme.
Date: November 2018 Page: 49
8.23 It has assessed the overall costs and benefits of the Scheme to the Council’s Budget, and is satisfied that it is
appropriate to proceed with the Scheme. The Council commissioned the Chartered Institute of Public
Finance and Accountancy (CIPFA) to review their approach. CIPFA in the executive summary of their report
said that; the CIPFA team were impressed by the council and many aspects of their approach to the
project, it has all the aspects of successful delivery, in particular:
• Vision
• Ownership/Commitment
• The retained team led by GVA are of high quality and are supplemented by an experienced
in-house team
• The quality and thoroughness of pre-tender work on delivering the build
• Savings strategy – appears deliverable
• Prudent financial planning approach
• The involvement and approach of the Director of Finance, Policy and Development
8.24 At a full Council meeting on 6th December 2017, the Council approved funding for and delivery of the
Scheme.
8.25 The total anticipated cost of the Scheme is £86million. (p. 49 Public Document Pack, Full Council Meeting
06/12/17 CDA.01). The Council intends to fund the Scheme from a combination of Council reserves, sale of
redundant Council assets and Public Works Loan Board funds.
8.26 The Public Works Loan Board funds will be repaid from scheduled savings on the base revenue budget (p.49
Public Document Pack, Full Council Meeting 06/12/17 (CDA.01).
8.27 The Council is committed to delivering the Scheme, and has made progress in their preparations for delivery.
Other consents
8.28 Planning permission has been obtained for delivery of the Scheme (see section 7 above).
8.29 The Council will need to obtain Traffic Regulation Orders and to appropriate part of the land required for the
Scheme for planning purposes, as set out in section 14 below.
8.30 The Council’s programme for appropriating the land required for the Scheme is set out in section 13 below.
8.31 The Council does not foresee any impediment to obtaining the required Traffic Regulation Orders or
appropriating the land required.
8.32 Subject to confirmation of the Order, the Scheme is expected to commence in 2019, and be completed by
2021/2.
Date: November 2018 Page: 50
9. Efforts to Acquire
Existing Council ownership
9.1 The Council owns the freehold interest in approximately 88% of the site, including the two car parks on which
the Scheme will be built. In addition, it owns the adjacent park, Calverley Grounds, which is partly within the
planning application boundary but not within the Order Land.
Negotiations
9.2 Whilst the Council has sought to assemble the site as far as possible through negotiation, compulsory
purchase powers are likely to be required because it is unlikely that the required interests will be acquired in
time to allow construction to begin in line with the adopted programme.
9.3 In accordance with Tier 1, paragraph 2 of the 2018 Guidance on compulsory purchase process the Council
is now initiating the formal compulsory purchase procedure, alongside continuing negotiations, to underline
the seriousness of the Council’s intentions to redevelop the site and to ensure the Scheme can commence
within the adopted programme.
9.4 The Council remains committed to negotiating the acquisition of all third party interests by agreement where
possible and is continuing negotiations in this respect.
9.5 The full details of all interests that need to be acquired are set out in the schedule to the compulsory
purchase order.
9.6 GVA was appointed in 2016 to commence negotiations to acquire the third party rights and property
interests required for the Scheme on behalf of the Council.
9.7 The Council needs to acquire the freehold interests in:
• The Great Hall Arcade service yard to the rear of 14-18 Mount Pleasant Road;
• The road to the rear of the Great Hall Arcade;
• A small piece of land on Mount Pleasant Avenue owned by AXA that is needed for a junction
improvement.
9.8 The Council also needs to acquire the third party interests in 40 parking spaces in the Council owned car
park to the rear of the Great Hall Arcade and needs to gain possession of the Mount Pleasant car park
(within its freehold ownership) currently occupied by AXA, as well as acquiring access rights, oversailing rights
and utilities installation rights over third party land.
Date: November 2018 Page: 51
Hoopers
9.9 Hoopers Ltd (‘Hoopers’) is a department store operator and is owner and occupier of retail premises at 12-21
Mount Pleasant Road and 1-9 Grove Hill Road. The Scheme requires access through Hoopers’ car park, off
Grove Hill Road.
9.10 Negotiations for the acquisition of a new right of way through the car park commenced in June 2016. Since
then there have been numerous discussions via meetings, e-mails and telephone conversations between
GVA and Hoopers’ agent Lambert Smith Hampton.
9.11 The Council has not been able to reach agreement on acquisition of the required right of way to date. GVA
is continuing to discuss with Lambert Smith Hampton.
BNP Paribas Securities Services Trust Company Limited
9.12 BNP Paribas Securities Services Trust Company Limited (‘BNP’) is the freehold investment owner of the Great
Hall Arcade, a retail and office building fronting Mount Pleasant Road. The service road directly to the rear
of the property and an adjacent service yard is included in BNP’s freehold.
9.13 BNP also has a right to occupy 40 car parking spaces in the Council car park to the rear of the Great Hall
Arcade. The Council needs to acquire the service road, yard and parking spaces.
9.14 BNP additionally has a right of way over Mount Pleasant Avenue to the north, east and south sides of the car
park which will need to be acquired to deliver the Scheme. When the Scheme is complete, access will be
provided over the road to the west and south of the existing car park, then east of Grove Hill House to Grove
Hill Road.
9.15 Hermes Asset Management manages the Great Hall Arcade on behalf of BNP.
9.16 Discussions between GVA and Hermes and their agents regarding the impact of the Scheme commenced
in July 2016, with discussions including replacement car parking and rear access and servicing.
9.17 The Council has offered BNP replacement car parking for the 40 spaces that will not be available following
the Scheme but agreement has not yet been reached. GVA continues discussions with Hermes and their
agents.
BNP tenants
9.18 The Great Hall Arcade is let to the following tenants:
• Sainsbury's, Units 1-6 (retail);
• Sunniva Carpeting Ltd, Unit 7 (retail);
• The Sofa Workshop, Units 8-9, plus basement of part of unit 7 (retail);
• BBC, Units 10-12, plus basement of Units 10-11 (broadcast studio), plus offices on the 1st & 2nd floors;
• European Insurance Services Ltd, 3rd floor (office);
• Reliance Mutual Insurance Society, basement under Units 6 & 7 (storage).
Date: November 2018 Page: 52
9.19 The 40 BNP parking spaces in the Council’s car park to the rear are allocated as follows:
• BBC – 28 spaces;
• European Insurance Services Ltd (office) – 11 spaces;
• Hermes Asset Management – 1 space.
9.20 The car parking spaces are allocated as part of the leases to BBC and EISL. They are therefore relatively short
term interests within the site, with the BBC leases expiring in September 2021 and the EISL lease also expiring
in September 2021.
9.21 The impact of the Scheme on the Great Hall Arcade tenants will be:
• A loss of parking spaces for BBC, Hermes and EISL;
• Amendments to rear servicing arrangement for the other tenants, except Sainsbury’s, who service from
Mount Pleasant Avenue.
9.22 Discussions with the BBC commenced in June 2016. Agreement has not yet been reached. The replacement
of the BBC parking spaces will be tied in with any agreement reached with BNP.
9.23 Initially, discussions were focused on Hermes on behalf of BNP. The Council dealt with Hermes who confirmed
that it represented BNP’s tenants for the purposes of discussing car parking spaces. However, since June
2018 the Council, Mace and GVA have been in contact with the other tenants to discuss the impact of the
Scheme and servicing during and after construction.
Dr Hossein Hesami
9.24 Dr Hesami was the freeholder of The Lodge, Mount Pleasant Avenue. Negotiations for the acquisition of his
freehold interest commenced in June 2016 and the acquisition of that interest was completed by the
Council on 31 October 2018. The Council is therefore now the freeholder.
Dr Simon Azimi, iSmile Dental Practice Ltd.
9.25 iSmile Dental Practice Ltd, owned by Dr Simon Azimi, is the leaseholder and occupier of The Lodge, Mount
Pleasant Avenue. Negotiations for the acquisition of his lease commenced in June 2016. Dr Azimi has
appointed an agent to act on his behalf but has not yet identified suitable alternative accommodation and
therefore we have not been able to reach agreement on the acquisition of the lease.
9.26 The Council has offered Dr Azimi one of its properties (69, St John’s Road) as a potential relocation property,
and has funded a report undertaken by his agent to identify a suitable relocation property, but agreement
has not yet been reached on relocation premises. GVA continues to attempt to agree acquisition of the
leasehold by agreement.
AXA
9.27 AXA is the occupier of offices known as Phillips House, Crescent Road, Royal Tunbridge Wells, which are just
to the north of the Council’s Mount Pleasant car park, where the Scheme’s new offices and car park will be
situated.
Date: November 2018 Page: 53
9.28 AXA held a lease of the Mount Pleasant car park, which has now expired. They are holding over on this lease
and the Council could therefore gain possession via the Landlord and Tenant Act 1954 procedure. However
the Council has included this property within the Order to ensure that possession can be gained when
needed.
9.29 Negotiations commenced with AXA in March 2017. The Council has offered replacement parking at its
Crescent Road car park in an attempt to mitigate the impact of the Scheme on AXA. However agreement
has not yet been reached.
9.30 The Council also needs to remove trees and acquire a small plot of land on Mount Pleasant Avenue from
AXA for a highways junction improvement. The land consists of raised landscaping with a retaining wall and
steps up into the AXA car park within Philips House. The steps will be rebuilt about 0.5 metres further back
(east) from the road. Therefore access will be maintained following the works being undertaken. During
rebuilding, access will still be available from the front of the property on Crescent Road.
9.31 On behalf of the Council, GVA will continue negotiations to reach agreement with AXA.
Grove Hill House
9.32 GVA spoke to the freeholder of the property in February 2018 and discussed the Scheme progress and the
freeholder’s use of the right of way.
9.33 The Council met Mr de Maid, a director of EHJDM Ltd, the freeholder, on 10 May 2018 to discuss the impact
of the Scheme on the property including:
• the extinguishment by the Council of his rights of way over the private part of Mount Pleasant
Avenue by the Great Hall Arcade car park;
• the acquisition by the Council of rights of way over Mount Pleasant Avenue to the east of Grove Hill
House;
• rights of light retained by the freeholder which may be impacted by the Scheme.
9.34 The Council has made an offer to EHJDM Ltd for the acquisition of a right of way over Mount Pleasant
Avenue by Grove Hill House, but it has not been possible to agree terms.
9.35 In August 2018 the Council contacted the leaseholders of Grove Hill House to explain the extinguishment of
their right of way over the private part of Mount Pleasant Avenue by the Great Hall Arcade, the requirement
to acquire access rights over the road east of Grove Hill House and how access will be maintained from
Grove Hill Road.
Conclusion
9.36 The Council owns 80% of the freehold Order Land. The Council commenced discussions with the majority of
affected third parties in June and July 2016 and has continued those discussions since.
9.37 The Council will continue to negotiate to acquire all necessary third party land and rights in parallel with the
progression of the Order process.
Date: November 2018 Page: 54
10. The Council’s Response to Statutory Objectors
10.1 The Secretary of State has received 16 "statutory" objections from those parties who hold an interest in the
land to be compulsorily acquired.
10.2 301 "non-statutory" objections against the confirmation of the Order from parties who do not hold an interest
in the land to be compulsorily acquired have also been received by the Secretary of State.
10.3 A list of Objectors is attached at Appendix 2 of this Statement of Case, and we have divided these into
"statutory" and "non-statutory" Objectors for ease.
10.4 A number of Objectors have raised similar objections and where this is the case, the Council has identified
key themes and responded to these themes at section 11 below.
10.5 This section first sets out the Council’s response to statutory Objectors and then sets out the Council’s
response to the same or similar objections which have been raised by more than one Objector.
10.6 The Council will continue its discussions with all statutory Objectors in an attempt to address the concerns
raised and reach agreement if possible.
Brian Gregory, Flat 21, Grove Hill House (Plot 18)
10.7 The objection included themes 1, 2, 6 & 10 and the Council sets out its response at section 11 below.
Pamela Bigwood, Appt 22, Grove Hill House (Plot 18)
10.8 The objection included themes 1, 2, 4, 5, 6, 7, 8, 9, 10, 11 & 14 and the Council sets out its response at section
11 below.
10.9 In addition, the objector raised a query regarding an accessible car parking space outside the Order Land
which they believe is affected by the Scheme. The Council is not aware of any accessible parking spaces
affected by the Scheme but has been in contact with the objector to discuss this further.
John Bigwood, Appt 22, Grove Hill House (Plot 18)
10.10 The objection included themes 1, 2, 4, 5, 6, 7, 8, 9, 10, 11 & 14 and the Council sets out its response at section
11 below.
10.11 In addition, the objector raised a query regarding an accessible car parking space outside the Order Land,
used by their wife, which they believe is affected by the Scheme. The Council is not aware of any accessible
parking space affected by the Scheme but has been in contact with the objector to discuss this further.
BNP Paribas as Trustees of the Metro Property Unit Trust, The Great Hall (Plots 1, 2, 3 & 4)
10.12 The objection included themes 1, 5 & 6 and the Council sets out its response at section 11 below.
Date: November 2018 Page: 55
10.13 In addition, the points raised by BNP that are specific to the Great Hall are as follows, together with the
Council’s response. The Order does not include any part of the Great Hall Arcade building, apart from the
basement under the service road, but does include the service yard (Plot 1), 40 car parking spaces in the
Great Hall car park (Plot 2) and the rear access road (Plot 4).
The Council has not demonstrated that the acquisition of this property is necessary and preferable to other
locations, and that all the land is required.
10.14 As set out at para 2.71 onwards of this document, the Council has considered alternative options to achieve
its objectives. The Council considers that there is no reasonable alternative to the Scheme, and therefore the
Scheme location, including acquisition of the property required, is the best way of delivering their objectives.
The Council has considered the siting and orientation of the buildings with a view to minimising the impact
on Calverley Grounds and to minimise the land that will need to be acquired. The Council considers that the
current design best achieves this as there is only a small encroachment onto Calverley Grounds and the
development is mainly within the current footprint of the two Council owned car parks, plus the Lodge,
which is now owned by the Council.
It has obtained planning permission for this proposed Scheme (CDB.16) and is satisfied that all the land and
rights within the Order are necessary to deliver the Scheme.
Impact of Scheme on tenants and operational function of the property.
10.15 The objection sets out a number of concerns regarding the practical impact of the Scheme, both during
construction and once it is completed, on the occupying businesses within the property. These include
potential negative impact on the operation of tenant businesses and impact on livelihoods of the business
owners and employees.
10.16 The Council has been in discussion with the Objector since June 2016, as set out in para 9.16 above and is
keen to work with the Objector and their tenants to minimise any impact on these businesses. In order to
achieve this, the Council has agreed, or is working to agree, the following practical matters with the
Objector and their tenants.
Car Parking
10.17 The Council is in discussion with the Objector about the re-provision of the 40 car parking spaces, both
during construction and post construction. During construction the Council is proposing to provide 40 spaces
at the Torrington Road car park for the Objector’s tenants.
10.18 Post construction the Council is proposing to provide 40 spaces at a combination of the Torrington Road car
park, the theatre yard and the new car park to be constructed as part of the Scheme to the Objector’s
tenants.
Service Road
10.19 The Council will need to acquire the service road at the rear of the Great Hall. Vehicular access over this
road will not be possible during construction. During construction works the Objector and its tenants will
have access both in and out from Mount Pleasant Road, over Mount Pleasant Avenue (by Sainsbury's). There
Date: November 2018 Page: 56
will be a dedicated double yellow line loading area on Mount Pleasant Road at the front of Sainsbury’s for
the use of all Great Hall tenants.
10.20 Pedestrian access will be available to the rear of the Great Hall Arcade, as too will all existing fire exits.
10.21 The Council will grant rights to the Objector to use the rear service road post construction. Therefore after
the development is complete the Objector will have access in from Mount Pleasant Road, over Mount
Pleasant Avenue (by Sainsbury's) and over the road to rear of Great Hall Arcade. Access out will be south
over the road to the rear of Great Hall Arcade, then over Mount Pleasant Avenue to the east of Grove Hill
House, to Grove Hill Road.
10.22 The Council considers that this will provide the Objector and their tenants with an equally effective access
road following completion of the works. The Council is in discussion with the tenants at the Great Hall to
ensure that the proposed access arrangements meet their requirements and does not foresee any reason
why this agreement will not be reached.
10.23 The Council is in continuing discussions with the Objector and hopes that agreement can be reached on all
issues affecting the Objector and its tenants.
Acquiring authority has not sufficiently attempted to negotiate and use of compulsory purchase is
premature
10.24 As set out at paragraph 9.16, the Council has been in discussions with the Objector since July 2016 and has
made genuine efforts to reach agreement with the Objector. Good progress has been made, and the
Council will continue discussions in an attempt to reach agreement.
Hoopers Limited and Parkstone Limited, Hoopers Department Store 2-12 (evens) (plot 1919)
10.25 The Order does not seek to acquire any freehold property from Hoopers / Parkstone. The Order only seeks to
acquire a right of access over the Hoopers car park (Plot 19) as set out in the Order Schedule.
10.26 The points raised by Hoopers Limited and Parkstone Limited are set out below.
Inadequate consideration for alternatives for the servicing of the new theatre.
10.27 The Objector suggests alternative access arrangements such as moving the location of the theatre to the
east, or acquiring additional land at the rear of 14-18 Mount Pleasant Road. This was set out in Lambert Smith
Hampton’s letter to GVA dated 21 December 2017.
10.28 The Council has carefully considered the design, location and access requirements for the Scheme, and
considers the current Scheme provides the most suitable approach, minimising third party land and rights
acquisition, and minimising impact on surrounding areas.
The proposed layout of the Scheme is grossly inadequate in terms of access and servicing.
10.29 The Objector raises concerns over the adequacy of the theatre access and servicing arrangements.
Date: November 2018 Page: 57
10.30 As set out in paragraph 8.9 of the Statement of Reasons (CDA.05) the Council has worked with an
experienced professional team to date and will continue to work with this team through to delivery. This
team included both specialist theatre architects and transport consultants, and the proposed design and
access arrangements reflect their advice.
10.31 Within the Head of Planning Service’s report (CDB.14) she considers design at para 2.36, and access
arrangements at para 10.265-10.312. The Head of Planning Services recommended approval of the Scheme
based on the proposed theatre design and access arrangements.
10.32 The key driver of the access strategy for the proposed theatre was to create a strong pedestrian route
between Calverley Grounds and Mount Pleasant Road. This was the main reason why potential alternative
servicing routes, including the one suggested by Hoopers (in and out for all vehicles via The Approach), were
discounted during the design development stages.
10.33 The Council is satisfied that the theatre design and access arrangements are the result of a robust process,
carried out by specialist professionals, and are the best option available.
Disproportionate Impact on the operation of Hoopers
10.34 The Objector considers the Scheme will have a disproportionate impact on the operation of Hoopers
Department store.
10.35 The Council has sought to minimise the impact on all adjoining owners and occupiers, including Hoopers. No
land will be acquired from Hoopers and none of their car parking spaces will be lost. The only impact will be
the acquisition of a right of way through Hoopers yard and car park.
10.36 There are four types of vehicle that are likely to need access through Hoopers car park:
10.36.1 Heavy goods vehicles to service theatre productions (exit only)
10.36.2 Daily deliveries (mainly vans);
10.36.3 Refuse vehicles; and,
10.36.4 Vehicles visiting the Stage Door
10.37 The HGV movements will mainly occur when a production is or leaving and therefore these movements will
not be daily and are more likely to be weekly.
10.38 The daily deliveries are expected to involve about eight vehicles per day. Some may be within and some
outside Hoopers main trading hours.
10.39 Refuse vehicles will visit up to 5 days per week.
10.40 The number of vehicle movements through Hoopers car park has been carefully considered and will be
limited to those servicing the theatre or jointly servicing the theatre only. Use of the access right will be
managed via the Theatre Delivery and Servicing and Management Plan. A draft has been prepared
(CDB.12) and this will be discussed with Hoopers and finalised and approved by the Council as Local
Date: November 2018 Page: 58
Planning authority (condition 44 of the decision notice) prior to opening of the theatre. . The Council
therefore considers the impact of the Scheme on the operation of Hoopers to be limited, and not
disproportionate. The Council is keen to continue discussions with Hoopers to reach agreement on the
functioning of this access route. The council also seek to install new or mutually operable security barriers to
either end of Hooper’s Car park.
The Council needs to provide substantive information as to the sources of funding and funding timescale.
10.41 In section 8 above the Council states that it intends to fund and deliver the Scheme, and that this would be
funded from Borough Council funds and potentially from borrowing to be obtained from the Public Works
Loan Board (PWLB). This approach was approved at full Council meeting 6 December 2017 (CDA.01), and
the Council is satisfied that its funding strategy is robust and appropriate. For further information on the
funding of the Scheme, please see theme 6 of section 11 below and para 8.18 onwards above.
The rate of funding used to assess the viability of the project was changed between Stage 2 and Stage 3
10.42 The Council has taken expert professional advice from its own officers and externally, and has had its
approach to the Scheme independently reviewed by CIPFA. It is satisfied that the funding strategy is
deliverable and the approach to financial planning is extremely prudent for the Scheme (para 8.23 above.)
Challenge to sale price for existing Civic Centre
10.43 The Objector raises doubts that the stated sale figure of £9m for the sale of the existing civic complex is
realistic within the timescales required.
10.44 The Council has taken expert advice on the sale price for the existing Civic Complex and has based the
assumptions made on that advice.
Costs
10.45 The Objector has raised concerns regarding the business plan for the Scheme, including whether all
necessary costs such as demolition and future maintenance are included, as well as potential future subsidy
requirements.
10.46 The Council has worked with an experienced professional team on developing this project, and will continue
to work with experienced professionals to deliver the project (para 8.9 above).
10.47 As set out at para 8.17 above, the Council has undertaken a rigorous assessment of the cost involved in
delivering the Scheme and the income receivable from the Scheme, preparing both a business plan for the
theatre and the combined Scheme. It has assessed the overall costs and benefits of the Scheme to the
Council budget, including any subsidy required, and is satisfied that it is appropriate to proceed with the
Scheme (para 8.19).
10.48 At a Full Council meeting on 6 December 2017, the Council approved a funding strategy for the Scheme.
Budget allocation of £4m for "Other Development Costs" which includes for all costs associated with CPO
compensation is woefully inadequate.
Date: November 2018 Page: 59
10.49 The Council has commissioned GVA to provide an estimate of the total statutory compensation cost. GVA is
experienced in providing such estimates and the Council is confident that its budget is realistic.
Impact on Borough Council deficit.
10.50 The Objector has raised concerns regarding the Council’s deficit on provision of services in the statement of
accounts, and the assumptions used in the funding strategy for the Scheme in relation to future Council
budget requirements. In addition, the Objector raises concerns about the Council’s compliance with the
Prudential Code.
10.51 In 2017/2018 the Council generated an operational surplus of £1.451m which was transferred to reserves.
There is no deficit in the services budget.
10.52 The Council has taken expert professional advice from its own officers and externally, and has had its
funding strategy independently reviewed by CIPFA as set out in para 8.23 above. It is satisfied that the
funding strategy for the Scheme is robust and appropriate,
10.53 The Council is satisfied that it is acting prudently and appropriately. This is reinforced in the CIPFA report in
para 3.8.6 that states ‘Based on the work done, the proposed plans are in line with the current Prudential
Code and the likely changes that will be introduced from 2018/19 which is to be commended.’
There is uncertainty as to the public benefits of the project.
10.54 The Council has taken specialist advice on the form of the Scheme and the uses within the Scheme in order
to ensure delivery of economic benefits to the town centre.
10.55 The Council’s Economic Strategy (CDD.02) sets out the difficulties faced by small and medium companies in
finding good quality office space in the town centre (para 2.27 above) and the Town Centre Office Study
(CDD.06 ) provides further evidence of the concerns raised in respect of office space within the town centre
(para 2.29 above).
10.56 The Council commissioned a report (CDD.05) on the wider economic benefits of the Scheme, and the
summary of these is set out at para 6.14 – 6.26 above. As set out at para 6.27, the Head of Planning Services
assessed the economic benefits of the Scheme (section 10.104 and 11.10-11.12 CDB.14) and was satisfied
regarding the economic benefits of the Scheme.
There has been inadequate prior engagement with Hoopers.
10.57 Within their objection, the Objector raised concerns over the lack of engagement with Hoopers, changes to
the Scheme over the period since June 2016, and inadequate examination of alternative options.
10.58 As set out in the objection, and at para 9.10 above, the Council has been in discussion with Hoopers since
June 2016. Over this time period, the Council has sought to explore various options in terms of property
acquisition and acquisition of rights in relation to Hoopers’ property, including discussions on alternatives
which minimise impact on the property.
Date: November 2018 Page: 60
10.59 The Council has examined Hoopers’ proposals carefully and endeavoured to provide information when
requested. However, as set out at para 2.71-2.74 of the Statement of Reasons (CDA.05) the Council
considers that there is no reasonable alternative option to the Scheme. The Council has carefully considered
all third party land and rights within the Order and is confident that these are required to deliver the Scheme.
10.60 The Council will continue to discuss the Scheme with Hoopers in an attempt to reach agreement.
Sunniva Carpeting Limited, Unit 12 The Great Hall Arcade (Plots 1, 2, 3 &4)
10.61 The objection is submitted by a tenant of the Great Arcade, and a number of the objections raised are
similar to those set out in paras 10.15 to 10.22 above, dealing with the objection submitted by the owner of
the property, BNP Paribas as Trustees of the Metro Property Unit Trust.
10.62 The Order does not seek acquisition of the retail unit, only the access road to the rear of the property.
CPO would result in loss of access.
10.63 The Council will need to acquire the service road at the rear of the Great Hall. Vehicular access over this
road will not be possible during construction.
10.64 During works the Objector will have access both in and out from Mount Pleasant Road, over Mount Pleasant
Avenue (by Sainsbury's). There will be a dedicated double yellow line loading area on Mount Pleasant Road
at the front of Sainsbury’s for the use of all Great Hall tenants.
10.65 Pedestrian access will be available to the rear of the Great Hall Arcade.
10.66 The Council will grant rights to the Objector to use the rear service road post construction. Therefore after
the development is complete the Objector will have access in from Mount Pleasant Road, over Mount
Pleasant Avenue (by Sainsbury's) and over the road to rear of Great Hall Arcade. Access out will be south
over the road to the rear of Great Hall Arcade, then over Mount Pleasant Avenue to the east of Grove Hill
House, to Grove Hill Road.
CPO would result in a temporary loss of light through the raising of hoardings.
10.67 The Council, through its Construction Management Plan (para 11.65 below; CDB.13) will endeavour to
minimise the height or shading of hoardings along Sunniva’s doors / windows.
Loss of customer parking
10.68 There will be a loss of parking at Great Hall Arcade during construction as the Great Hall car park will be
demolished. Parking will be available at other Council car parks. After construction there will be new parking
in the car park below the new Council offices on the site of the existing Mount Pleasant car park. As set out
in paragraph 11.61 below, the Council will be working to minimise the impact of temporary loss of parking
during construction
Loss of customer access to the rear of Unit 12
Date: November 2018 Page: 61
10.69 Vehicular access to the rear will not be possible during construction, but pedestrian access will be
maintained to the unit via Mount Pleasant Road and through Great Hall Arcade.
10.70 As stated at para 10.18 above there will be a loading bay on Mount Pleasant Road adjacent to Sainsbury’s.
10.71 The Council understands that the dedicated double yellow line loading area on Mount Pleasant Road at the
front of Sainsbury’s is acceptable to the Objector.
Loss of bin areas to store and for the collection of rubbish
10.72 The Council is working to provide a temporary bin store area on the north side of the Great Hall for use
during construction.
10.73 After construction bins stores will return to the service yard as they are now.
No negotiation from the Council
10.74 The Council met the Objector in June and July 2018 to discuss how Sunniva’s access can be maintained
during construction. The Council will continue to discuss the practical issues regarding the temporary bin
store and potential impact on light, as set out above.
Una and Reg Bandy, Appt 23 Grove Hill House (Plot 18)
10.75 The objection included themes 1, 6 & 7 and the Council sets out its response at section 11 below.
10.76 The other points raised are as follows.
Lack of knowledge of the Scheme in 2014
10.77 The Objector bought the property in January 2014. The Objector states that there must have been
clandestine discussions about this project at that time that should have been made public.
10.78 The Council has progressed this project based on adopted policy, democratic Council decision making and
following extensive public consultation. The policy background for the Scheme is set out in section 2 of the
Statement of Reasons (CDA.05) and the consultation summary is set out at para 2.52 of that document. A
chronology of decision making is set out at para 2.65.
10.79 Cabinet first approved investigating the potential provision of a new theatre in Tunbridge Wells in October
2014 and feasibility work on this project then commenced in 2015. The Council is satisfied that it has acted in
an appropriately open and transparent way.
The theatre building will be in close proximity to the Objector’s property and will restrict light and views from
their balcony.
10.80 The theatre building will be approximately 7m at its closest point and 16m at its furthest point at ground level
minimum from the northern façade of Grove Hill House once built. . It is possible that there may be a
reduction in light to the Objector’s property following completion of the Scheme. If there is a loss of light
resulting in diminution in value, statutory compensation will be payable to the Objector, and the Council will
discuss this further with the Objector at the appropriate time.
Date: November 2018 Page: 62
Melanie Norris, 17 Grove Hill House (Plot 18)
10.81 The objection included themes 1, 2, 3, 5, 6, 7, 8, 9 & 11 and the Council sets out its response at section 11
below.
10.82 A further point raise by the Objector is the potential for a negative impact on Hoopers from the Scheme. This
is dealt with in relation to Hoopers objection at paras 10.24 to 10.62 above.
Grove Hill House Residents (c/o Robert Chris), Grove Hill House (Plot 18)
10.83 The objection included themes 9, 10, 11 & 14 and the Council sets out its response at section 11 below.
Robert Chris, 20 Grove Hill House (Plot 18)
10.84 The objection included themes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 & 11, 13 and the Council sets out its response at
section 11 below.
Nicholas de Maid, Grove Hill House (freeholder) (Plot 18)
10.85 The objection included themes 1, 4, 6 & 7 and the Council sets out its response at section 11 below.
Dr Simon Azimi (iSmile Dental), The Lodge (Plot 6)
10.86 The objection included themes 1, 4, 5 & 6 and the Council sets out its response at section 11 below.
10.87 The Objector specific points raised are as follows.
Demolition of the property is not required, and if demolished, this would be contrary to planning policies EN4
and EN5. The Objector also states that the Council has not adequately considered alternatives to the
scheme which retain his property.
10.88 As set out at para 2.27-2.73 of the Statement of Reasons (CDA.05), the Council has considered alternative
options and considers that there is no reasonable alternative option to deliver the Council’s objectives.
10.89 The Council has carefully considered the land and rights within the Order required to deliver the Scheme,
and is satisfied that the subject property is required to deliver the Scheme.
10.90 The demolition of the building and its relationship to planning policy were fully considered at the planning
application stage (10.145-10.148 of the Officer’s report; CDB.14) and planning permission for the Scheme
(CDB.16) was granted.
Limited negotiation undertaken with Dr Azimi to date with little assistance offered in trying to assist the
Business with relocation.
10.91 As set out at para 9.25 of the Statement of Reasons, and updated at para 9.25 of this document,
negotiations with the Objector have been underway for over 2 years. The first meeting with Dr Azimi was in
June 2016 and discussions have continued since then. The Council has paid for Dr Azimi to appoint a local
agent to search for alternative premises for him, and continues to discuss his relocation requirements. The
Date: November 2018 Page: 63
Council will continue to work with Dr Azimi and his professional advisers to assist in identifying and securing
relocation premises.
The proposed Order is also an infringement of Dr Azimi’s human rights under the Human Rights Act 1998. The
Secretary of State must consider whether, on balance, the case for compulsory purchase justifies interfering
with the human rights of the owners and occupiers of the Order Land.
10.92 As set out at section 10 of the Statement of Reasons (CDA.05) the Council has carefully considered the
impact of the Order on the Convention Rights of those whose interests will be affected by the Order. The
Council concludes at para 10.7 that the exercise of compulsory purchase powers in this case is justified in the
public interests, authorised by law, and necessary and proportionate in order to fulfil the Council’s objectives
of securing its Civic Centre Development.
10.93 At para 10.15, it therefore states that it believes that in making the Order it has struck a fair and
proportionate balance between the interests of those whose Convention Rights will be affected and the
wider public interest.
Sainsbury's, Units 1-6 Great Hall Arcade (Plot 1, 2, 3 &4)
10.94 The points raised by Sainsbury’s are:
The proposals impact upon and undermine the access for deliveries to SSL's store which is operated as a
food retail outlet.
10.95 Sainsbury’s state that deliveries will not be able to continue during construction works and that the Council
has not addressed these concerns.
10.96 Delivery access will need to change during the construction works. The Council has confirmed that delivery
access for Sainsbury’s will be maintained throughout this period. The Council has been in discussion with
Sainsbury’s since July 2018 and the location for a loading bay has been agreed between the Council,
Sainsbury’s and other occupiers of the Great Hall Arcade. The location has been agreed in principle with
Kent County Council (as highways authority) and a new Traffic Regulation Order is being consulted upon
currently with a view to implementing the loading bay in advance of the start of construction highway
works.
10.97 Delivery access will be maintained throughout the construction period.
Other elements of the Scheme proposal will additionally adversely impact on the operation and trading of
the Store.
10.98 The Council does not consider there are any other elements of the Scheme which will additionally adversely
impact Sainsbury’s, and Sainsbury’s have not identified any further impacts either within their objection or in
the wider discussions undertaken.
BBC, 1st and 2nd Floor Offices, Unit 2-4 part Basement and Ground floor, Unit 6 Basement and art ground
floor, associated parking spaces, The Great Hall Arcade (Plots 1, 2, 3 &4)
Date: November 2018 Page: 64
10.99 No part of the BBC leased offices and studios are to be acquired by the Order. The Order will only acquire
the 28 leased car parking spaces within the Great Hall Arcade car park and the access road to the rear of
the property. The points raised are as follows.
Noise levels during construction.
10.100 The Objector has raised concerns regarding levels of noise and vibrations that would result from the
construction activity on the site, both of which could individually and collectively permeate into the facility
and interfere with inside-the-studio operations.
10.101 The Council is aware of the BBC’s concerns and has been in discussion with BBC to identify how the noise
and vibration risk can be managed. The Council is working with its building contractor, Mace, as part of the
Construction Management Plan (CDB.13; Section 5) below to ensure that the potential for disruption to the
BBC’s operations is managed. The first draft of the CMP is expected in early 2019 and this will be discussed
with the BBC.
10.102 The Council also intends to continue its discussions with the BBC before the draft CMP is produced to explain
the process for producing the CMP and the information that the Council and Mace currently have about
how construction impacts will be mitigated.
Dust pollution
10.103 The BBC is concerned with the potential for dust pollution to cause health complications for their staff and for
the many visiting contributors that attend the facility.
10.104 The Council is aware of the BBC’s concerns and has been in discussion with BBC to identify how the dust
pollution risk can be managed. The Council is working with its building contractor, Mace, as part of the
Construction Management Plan (CDB.13; Section 5) below to ensure that the potential for disruption to the
BBC’s operations is managed.
Loss of Great Hall Arcade Car Park
10.105 The objection states that Great Hall car park is critical to the BBC's operations, as the vast majority of staff
and visitors contributing to various broadcasts, visit by car. They consider this is a matter of safety (with visitors
using the car park at all hours of the day and morning) and operational viability (by way of proximity of the
parking to the studios), and they consider loss of these car parking spaces a concern both during
construction and following completion of the Scheme.
10.106 The Council is in discussion with the Objector about the re-provision of car parking spaces, both during
construction and post construction. During construction the Council is proposing to provide spaces at the
Torrington Road car park, which is a three minute walk from the Great Hall. Post construction the Council is
proposing to provide spaces at a combination of the Torrington Road car, the theatre yard and the new car
park within the Scheme. Good progress has been made in these negotiations and the Council does not
foresee any reason why agreement will not be reached.
The BBC does not consider that the Acquiring Authority has endeavoured to negotiate with it so as to avoid
a compulsory purchase order being made as required in Government Guidance.
Date: November 2018 Page: 65
10.107 As set out in para 9.18 of the Statement of Reasons (CDA.05) and updated in this document (para 9.18) the
first meeting between the Council and the BBC took place in June 2016. Since then discussions have
continued, and the Council has made genuine efforts to resolve the Objector’s concerns. The Council is
satisfied that it has complied with Government Guidance.
Alternative options
10.108 The Objector states that the BBC is not aware that the Acquiring Authority has endeavoured to identify an
alternative location for the development, accommodation works to ameliorate the impact of the
development on the Property or alternatively, new premises for the BBC to operate its broadcasting
operation from despite being alerted to the BBC's concerns in February.
10.109 As set out at para 2.270-2.73 of the Statement of Reasons, the Council has considered alternative options
and considers that there is no reasonable alternative option to deliver the Council’s objectives.
10.110 The Council has carefully considered the land and rights within the Order required to deliver the Scheme,
and is satisfied that the subject property is required to deliver the Scheme.
10.111 As set out in para 10.118 to 10.125 above, the Council is working with the BBC to ensure their concerns over
noise, vibration, dust and loss of car parking spaces are resolved, which will allow the BBC to remain in
occupation at the Great Hall both during construction and following completion of the Scheme.
Cycle Parking
10.112 The objection states that the BBC would welcome increased cycle parking being made available to staff.
10.113 The BBC state that the permitted Scheme does not include any cycle parking, and they would welcome
provision of cycle provision for their staff and the general public.
10.114 Condition 36 of the planning permission provides that prior to first occupation of any part of the buildings
hereby approved, details of how public art will be incorporated within the development (to include, but not
limited to, the potential water feature and the provision of 'Wiesbaden' stainless steel cycle stands on the
adjacent highway).
10.115 Condition 51 of the planning permission provides that prior to the first occupation of any building hereby
approved, cycle parking facilities to serve that building shall be provided in accordance with the submitted
details (unless written approval has been given by the local planning authority to an alternative
arrangement) and such facilities shall thereafter be retained.
Inadequate proposed compensation budget.
10.116 The Objector considers that the compensation budget is inadequate, particularly if the BBC needs to
relocate due to the Scheme.
10.117 As set out in paragraph 10.123 to 10.128 above, the Council is working with the BBC to ensure their concerns
over noise, vibration, dust and loss of car parking spaces are resolved, which will allow the BBC to remain in
occupation at the Great Hall both during construction and following completion of the Scheme.
Date: November 2018 Page: 66
10.118 The Council has commissioned GVA to provide an estimate of the total compulsory purchase compensation
cost. GVA is experienced in providing such estimates and the Council is confident that its budget is realistic.
Scheme not in the public interest and cannot justify the potential loss of the BBC’s operation in the area.
10.119 As set out at para 6.38 of the Statement of Reasons (CDA.05) the Council believes that there is a compelling
case in the public interest to justify the making and confirmation of the Order.
Ingrid Pope, Grove Hill House (Plot 18)
10.120 The objection included themes 1, 2, 4, 5, 6, 7, 8, 9 & 11, 13 and the Council sets out its response at section 11
below.
Kathy Cooper, Grove Hill House (Plot 18)
10.121 The points raised are as follows.
Removal of access
10.122 The Objector states that the Council is taking away access to Grove Hill House, which will be ring fenced on
all sides.
10.123 Access to Grove Hill House will be maintained both during development works and after the project is
completed, as Grove Hill House will still have its main access off Grove Hill Road.
10.124 To deliver the Scheme, the Council will use its compulsory purchase powers to extinguish any right of way
over Mount Pleasant Avenue on the north, east and south sides of the Great Hall car park but this will not
prevent access to Grove Hill House from Grove Hill Road.
Noise, dust and dirt from the development.
10.125 The objection raises concerns regarding the impact of noise, dust and dirt during the construction period.
10.126 The Council recognises this concern, and prepared a draft Construction Management Plan (CDB.13) which
was submitted as part of the planning application. Section 5 of the draft CMP includes a series of measures
that will be implemented to reduce the impact of temporary construction activities.
10.127 The Construction Management Plan will also include a Construction Traffic Management Plan, to minimise
impact, particularly at peak hours.
10.128 The Council and their contractor will be required to agree a final Construction Management Plan prior to
commencing works, and this will be monitored over the construction period.
There is no proper access to the project.
10.129 The Council, as part of the design process, has considered access to the Scheme and traffic impact, and
has taken expert advice on this issue. The Transport Assessment (CD5) addresses the potential for congestion
and concludes that the proposal will result in a redistribution of vehicle movements and a slight increase in
two-way vehicle trips but that there will be a negligible change on the highway network.
Date: November 2018 Page: 67
10.130 The Officer’s report (CDB.14) identifies at Paragraph 7.28 that Kent County Council in their role as highways
authority has no objection to the Scheme and in Paragraph 10.264 that the “new development can be
accommodated at the major junctions within the existing town centre road network without adversely
affecting the safe and free flow of traffic or other road users… In addition, the imposition of conditions,
including the provision of a Travel Plan, and the financial commitment towards encouraging sustainable
travel behaviours, would comply with Core Strategy Policies CP3 (3) and CP9 (8)”.
10.131 Vectos, the Council’s expert transport adviser, is confident that the proposed access to the development is
appropriate.
Concern that the Council will start the project and then leave a half built scheme as an empty shell.
10.132 The objection raises concern that the project will not be completed due to financial pressures.
10.133 The Council has worked with an experienced professional team on developing this project, and will continue
to work with experienced professionals to deliver the project (para 8.9 et seq).
10.134 As set out at para 8.17, the Council has undertaken a rigorous assessment of the cost involved in delivering
the Scheme and the income receivable from the Scheme, preparing both a business plan for the theatre
and the combined Scheme. It has assessed the overall costs and benefits of the Scheme to the Council
budget, including any subsidy required, and is satisfied that it is appropriate to proceed with the Scheme
(para 8.19).
10.135 At a Full Council meeting on 6 December 2017, the Council approved funding for the Scheme.
10.136 The Council is therefore satisfied that the Scheme costs have been adequately assessed, that the Scheme
does not create an unacceptable burden to Council finances, and that the Scheme is viable and
deliverable. This is supported by the specific independent reviews by CIPFA and Grant Thornton, in addition
to the Annual Audit Letter 2017/18 prepared by Grant Thornton. CIPFA in their report highlight that even after
the planned investment in 2022 the Council’s external debt will not be unusual compared to other district
councils.
The Council should hold a referendum or public meeting.
10.137 As set out at para 2.52 of the Statement of Reasons (CDA.05), the Council has undertaken wide consultation,
including a number of public meetings, since 2015. The Scheme is based on adopted Council policies (para
2.3-2.5) which were themselves subject to widespread public consultation and a chronology of democratic
decision making by the Council is set out at para 2.65.
10.138 The Council is satisfied that adequate consultation has been undertaken and there is no need for a
referendum in this matter. Indeed at Full Council 26 July 2017 consideration to a referendum was made. A
Councillor presented the following motion to Council:
“Before Tunbridge Wells Borough Council's Full Council takes the final decision on the Civic Complex Development (to build a new town hall, offices and theatre), Tunbridge Wells Borough Council will hold a borough-wide local referendum on this matter.”
Date: November 2018 Page: 68
10.139 After a lengthy debate a recorded vote was taken with 25 Councillors voting against the motion, 8
Councillors voting for the motion and 4 Councillors abstaining. The motion for a referendum was therefore
rejected (relevant pages 16-18 of the minutes) [CDA.10].
11. The Council’s Response to non-statutory Objectors
and to non-Objector Specific Grounds
11.1 This section sets out the Council’s response to grounds of objection raised by a number of statutory
Objectors, and all of the non-statutory Objectors. Therefore, as set out in paragraph 10.2 above, the Council
has grouped these into themes, and responded to these themes below.
11.2 Of the non-statutory Objectors, 116 submitted objections in the same or substantially the same form.
11.3 The Council has collated a response to all non-statutory Objectors which addresses the themes set out in
their objection, and the Council’s responses, as set out below. The Council has emailed or posted a copy of
the response document to all non-statutory Objectors, depending on the form in which their objection was
received]. The Council will place a copy of the collated response on its website, and in the public places
identified at paragraph 16 of the Statement of Reasons, and notified all non-statutory Objectors how they
can access this document.
Theme 1 - There is no compelling case for the Scheme
11.4 A number of Objectors consider there is no compelling case for the Scheme, it is not wanted or justified, and
the Scheme does not address the town’s more immediate priorities such as homelessness.
11.5 The Council has set out its reasoning for pursuing the Scheme in the Statement of Reasons for the Order. It
summarises its reasoning and how the Scheme meets the required tests at section 6 of the Statement of
Reasons, and concludes at para 6.36-6.39 that there is a compelling case in the public interest to
proceeding with the Scheme.
11.6 Para 2.18 to 2.24 of this Statement of Case explain why there is a need for new office accommodation and
civic functions.
11.7 Paragraphs 2.41 to 2.43 of this Statement of Case explain why there is a need for a new theatre in Tunbridge
Wells.
11.8 The social, economic and environmental benefits of the Scheme are set out in Paragraphs 6.11 to 6.27 of this
Statement of Case. The Council is satisfied that the Scheme is justified, and that a compelling case in the
public interest for confirmation of the Order.
11.9 Progressing with delivery of the Scheme will not prevent the Council with addressing other priorities and
responsibilities such as homelessness.
Theme 2 – Scheme’s impact on the town
Date: November 2018 Page: 69
11.10 A number of Objectors have raised concerns that the Scheme is not part of a coherent town plan, that it will
alter the character of the town, and that it will have a negative impact on Calverley Grounds and other
heritage assets.
11.11 The Scheme is in accordance with the Development Plan as a whole and the Civic Development Planning
Framework prepared to guide development on site, (para 2.57 CDC.06) and the Scheme delivers the
Council’s Corporate Objectives for the town centre as set out in the Council’s 5 year plan (CDD.03) .
11.12 During the planning process, the Council as local planning authority considered the impact on Calverley
Grounds. At para 11.28 of their report (CDB.14), the Head of Planning Services confirms that Historic England
conclude that the Scheme causes a low level of harm which is ‘focused on the least historically significant
part of Calverley Grounds , and the contribution this makes to the Conservation Area. In addition, at para
11.22, the officer states that a high proportion of Calverley Grounds will not be affected by the proposals,
and that there would be no overall loss of publically accessible parkland. The new planting and Park
Management Plan will help to mitigate any harm. The Council is satisfied that the Scheme is a key part of
delivering its wider aspirations for the town centre as a whole, and that the overall impact of the Scheme on
the town centre will be positive.
Theme 3 - No evidence that cultural objectives of the project capable of being delivered
11.13 A number of Objectors raise concerns regarding the deliverability of the Scheme’s cultural objectives.
11.14 Paragraph 6.16 of this Statement of Case details how the project will help the Council to achieve its r cultural
objective of making Royal Tunbridge Wells a cultural hub, through the benefits gained from the new theatre.
The new theatre will enable a widening of the range of cultural activities within Royal Tunbridge Wells,
expanding the variety and quality of shows available. Paragraph 2.38 of this Statement of Case explains that
the report produced by specialist consultants Bonnar Keenlyside demonstrates how a new theatre would
help high quality shows to be attracted to Royal Tunbridge Wells.
11.15 The Officer’s report to the Council’s Planning and Environment Committee of 09 May 2018 (CDB.14) identifies
in Paragraph 10.65 that the proposals would “deliver significant cultural and social benefits, not just related
to the theatre, but as a result of the synergy between the proposed uses and the adjacent community asset
of Calverley Grounds”. The report continues and notes that the “close relationship of these elements would
help to create a successful ‘place’ in an accessible location within the heart of the town centre in
compliance with Core Strategy Policy CP9 (Development in Royal Tunbridge Wells)”.
Theme 4 - Concerns over economic benefits to the town.
11.16 A number of Objectors have raised queries over the overall economic benefits created by the project.
Specific concerns included the impact on existing businesses, lack of demand for office space to let, the
long term economic growth delivered, and the on-going subsidy required.
11.17 The Council has taken specialist advice on the form of the Scheme and the uses within the Scheme in order
to ensure delivery of economic benefits to the town centre.
Date: November 2018 Page: 70
11.18 The Council’s Economic Strategy (CDD.02) sets out the difficulties faced by small and medium companies in
finding good quality office space in the town centre (para 2.27) and the Town Centre Office Study (CDD.06)
provides further evidence of the concerns raised (para 2.29).
11.19 The Council commissioned a report (CDD.05) on the wider economic benefits of the Scheme, and the
summary of these is set out at para 6.14 – 6.26 above.
11.20 As set out at para 10.67 , the Head of Planning Services assessed the economic benefits of the Scheme
(section 10.104 and 11.10-11.12 CDB.14) and was satisfied regarding the economic benefits of the Scheme.
11.21 Further, at para 10.102 of the Head of Planning Service Report, it states that as well as gaining support from
Fenwick department store and the developer of the former Cinema Site the Scheme received support from
Royal Tunbridge Wells Together and the Town Centre Management Partnership (a group of 50 local
businesses), who confirmed their support for the proposals due to “their positive impact on economic growth
and their demonstration of forward thinking”.
11.22 The Council is satisfied that the Scheme will provide the stated economic benefits to Tunbridge Wells.
Theme 5 - Inadequate consideration of alternatives
11.23 A number of Objectors raised concerns that there had been inadequate consideration of alternatives, and
that refurbishment of the existing council offices and theatre should be considered.
11.24 At paras 2.70 onwards of the Statement of Reasons (CDA.05), and this Statement of Case, the Council sets
out its consideration of alternative options.
11.25 Paragraphs 2.18 to 2.26 explain why the Council does not consider refurbishment of existing civic offices will
deliver the new office accommodation and civic functions required.
11.26 Paragraphs 2.41 to 2.43 explain why the Council does not consider refurbishment of the existing theatre will
deliver the Council’s objectives for theatre provision in Tunbridge Wells.
The Council therefore considers that there is no reasonable alternative option to the Scheme to deliver the
Council’s objectives set out in the 5 year Plan (CDD.03) and Economic Development Strategy (CDD.02).
Theme 6 - Cost and Viability of the Scheme
11.27 A number of Objectors have raised concerns over both the cost of the Scheme and its viability. In particular,
they have concerns over the accuracy of cost information, the financial burden the Scheme will place on
the Council, including the potential requirement for subsidy, and the overall viability of the Scheme. In
addition, concerns have been raised concerning future maintenance costs for the Scheme and surrounding
public realm.
11.28 The Council has worked with an experienced professional team including AECOM as Cost Consultants on
developing this project, and will continue to work with experienced professionals to deliver the project (para
8.9 et seq).
Date: November 2018 Page: 71
11.29 As set out at para 8.17, the Council has undertaken a rigorous assessment of the cost involved in delivering
the Scheme and the income receivable from the Scheme, preparing both a business case for the theatre
and the combined Scheme. It has assessed the overall costs and benefits of the Scheme to the Council
budget, including any subsidy required. It is satisfied that it is appropriate to proceed with the Scheme
(paragraph 8.19).
11.30 As set out at para 8.23 above, CIPFA were invited by the Council to review the approach taken on the Civic
Development Project. Para 3.8.6 of the CIPFA report says: Based on the work done, the proposed plans are
in-line with both the current Prudential Code and the likely changes that will be introduced from 2018/19
which is to be commended.
11.31 At a Full Council meeting on 6 December 2017, the Council approved funding for the Scheme.
11.32 Following this meeting, and amongst other matters progressed, the Council has now appointed building
contractor Mace and architects Nicholas Hare to progress to the build stage of the project.
11.33 The Council is therefore satisfied that the Scheme costs have been adequately assessed, that the Scheme
does not create an unacceptable burden to Council finances, and that the Scheme is viable and
deliverable.
Theme 7 – Existing Civic Centre and theatre
11.34 A number of Objectors have raised concerns over the repair and condition of the existing civic centre and
theatre. Concerns have been raised that the existing civic centre and theatre have been allowed to fall into
disrepair, and that these buildings will need to be modernised prior to re-letting.
11.35 As set out in para 2.63 of the Statement of Reasons (CDA.05), the existing Town Hall and Assembly Hall
Theatre will continue to operate whilst the construction of the new theatre, office and civic centre go
ahead. The Council has therefore undertaken appropriate repair and maintenance to these buildings to
allow for that continued use and operation and is subject to continuing repair and maintenance obligations
pursuant to the Memorandum of Understanding dated 15 June 2018 entered into upon the grant of the
planning permission for the Scheme.
11.36 Once the new theatre, offices and civic centre are available, the Council proposes to sell these properties
for redevelopment. Therefore the Council will plan repairs and maintenance to ensure prudent use of public
money until the proposed sale date, and balance the requirements of maintaining these buildings against
the planned future ownership and use by the Council.
Theme 8 – Inadequate consultation with the public
11.37 A number of Objectors have raised concerns regarding the level of consultation with the public and the
amount of information which has been provided to the public as part of the consultation process, in
particular the costing information.
11.38 As set out at para 2.52 of the Statement of Reasons (CDA.05) the Council has undertaken extensive
consultation in relation to the Scheme since July 2015.
Date: November 2018 Page: 72
11.39 In addition, in respect of the planning application, there has been a level of pre-application community
engagement that reflects the nature and scale of the Scheme. The Planning Statement Section 6 and
Design and Access Statement (CDB.04) explained the extensive pre-application consultation in detail. Since
submitting the application, the Council also held a public exhibition to present the proposals (5th February
2018). The Planning Committee report supports the level of engagement with the public. The Council is
satisfied that it has adequately consulted on both the planning application and the wider Scheme proposals
over a period of more than 2.5 years.
Theme 9 - theatre design and vehicular access
11.40 A number of Objectors have raised concerns over the adequacy of the theatre design and the access
arrangements.
11.41 As set out in para 8.9 Statement of Reasons (CDA.05) the Council has worked with an experienced
professional team to date and will continue to work with this team through to delivery. This team included
both specialist theatre architects and transport consultants, and the proposed design and access
arrangements reflect their advice.
11.42 Within the Planning Committee report (CDB.14)consideration is given by the Head of Planning Services to
design at para 10.57, and access arrangements at paragraph 10.265 onwards The Head of Planning Services
Head of Planning Services recommended approval of the Scheme based on the proposed theatre design
and access arrangements, having considered the comments of statutory and specialist consultees in
addition to public representations
11.43 The Council is satisfied that the theatre design and access arrangements are the result of a robust process,
carried out by specialist professionals, and are the best option available.
Theme 10 - Disruption during construction period
11.44 A number of objections have been submitted raising concern over disruption during the construction period.
These include concerns over access, car parking and direct impact of construction activities.
11.45 The Council recognises this concern and prepared a draft Construction Management Plan (CDB.13) which
was submitted as part of the planning application. The Planning Committee report (CDB.14)states in
Paragraph 10.497 that a “draft Construction Management Plan has been submitted, which includes details
of matters such as transport and traffic (including showing potential routes for construction vehicles to follow
between the on-site and off-site compound); and environmental impacts, including ecology, tree
protection, landscape management, earth removal, surface water management, noise and vibration, air
quality, dust control, light pollution, ground settlement, waste management and archaeology. Section 5 of
the draft CMP includes a series of measures that will be implemented to reduce the impact of temporary
construction activities”.
11.46 The Construction Management Plan will also include a Construction Traffic Management Plan, to minimise
impact, particularly at peak hours. The Planning Committee report (CDB.14) states in Paragraph 10.499 that
“the applicant has stated their willingness to work with other developments to coordinate and manage
Date: November 2018 Page: 73
construction traffic within the town’s road network: and that the contractor would be required to register
with the Considerate Constructors Scheme and to comply with its requirements”.
11.47 The Council and their contractor will be required to agree a final Construction Management Plan prior to
commencing works, and this will be monitored over the construction period.
11.48 Vehicular access will be maintained to all properties during the construction period, although the route of
this may need to be changed in order to allow for construction works. Service access will be maintained to
the Great Hall Arcade tenants during construction via a loading bay on Mount Pleasant Road by Sainsbury’s.
11.49 The Committee report (CDB.14) identifies in Paragraph 10.496 that “construction could commence in
September 2019 and finish in December 2021. To minimise disruption, the intention is to phase the
development so that the two buildings are constructed simultaneously”.
11.50 The Great Hall car park will be demolished to allow construction of the new theatre, and although there will
be no net reduction of car parking due to the Scheme (para 4.13-4.16 above), there will be a temporary
reduction of car parking during the construction period.
11.51 The tenants of the Great Hall who use 40 spaces within the Great Hall car park will be provided with
alternative replacement parking at the Council’s Torrington Road car park.
11.52 Using the Construction Management Plan (CDB.13) and Construction Traffic Management Plan and
temporary car parking arrangements set out above, the Council is satisfied that impact during construction
can be satisfactorily mitigated.
Theme 11 – Impact from development in use
11.53 A number of objections have been submitted relating to the impact of the development once completed.
Concerns raised include noise impact of the theatre and wider Scheme, highways and traffic congestion,
including at the junction of Mount Pleasant Road and Grove Hill Road and flooding risk.
11.54 The Council recognises the potential impact of noise from the theatre and wider completed development. It
has carried out a Theatre Noise Impact Assessment (CDB.07) and Office Noise Impact Assessment (CDB.09)
and has submitted both a Noise Management Plan (CDB.07) and a Noise Mitigation Package (CDB.07) as
part of the planning application.
11.55 The Planning Committee report (CDB.14) considers noise impact at paragraph 10.326. The Officer’s report
recognises, in Paragraph 10.382, that “the applicant proposes a Noise Management Plan and a Noise
Mitigation Package. Both of these mechanisms would be effective in mitigation of noise, but the most
effective scenario would be when both are in place”.
11.56 On this matter, the report (CDB.14) concluded in Paragraph 10.385 that the proposal would comply with
Core Strategy Policy CP5 as the development would ‘manage and seek to reduce noise pollution levels’.
Furthermore, with regard to Local Plan Policy EN1 the report stated that ‘the nature and intensity of the
proposed use would be compatible with neighbouring uses and would not cause significant harm to the
amenities or character of the area in terms of noise and vibration’ and that with reference to NPPG, any
residual harm that may result to any dwellings that choose not to take up the offer of acoustic glazing (and
Date: November 2018 Page: 74
mechanical ventilation) within the Noise Mitigation Policy “would be outweighed by the social and
economic benefits that would result from the proposal”.
11.57 The Council is therefore satisfied that the noise impact of the Scheme is adequately managed and
mitigated. The Council will provide further details of the Noise Mitigation Policy to affected residents at the
appropriate time.
Theme 12 - Flooding
11.58 The Council, as part of the design process, has considered flooding risk and taken advice on this matter. The
Scheme will not remove any drains other than those that service the car park and are not required for the
theatre. Storm and surface water routes will be maintained as they are.
11.59 The development will include sustainable urban drainage solutions, as required by condition 19 of the
planning permission which provides that prior to the commencement of construction works, a detailed
sustainable surface water drainage Scheme for the site shall be submitted to and approved in writing by the
Local Planning Authority.
11.60 Storm water attenuation tanks for both the new theatre and office space will restrict surface water
discharge, releasing it slowly into the public sewer at a rate far lower than the existing unrestricted
conditions. The development will therefore provide improvements to the current drainage regime and public
sewer network capacity, thereby mitigating downstream flooding issues in the future.
11.61 Over 100 metres of filter trench drainage will also be installed to help reduce surface flood water. The
Council is satisfied that the Scheme does not create any additional flooding risk compared to the existing
site.
Theme 13 - Traffic congestion
11.62 The Council, as part of the design process, has considered traffic impact, and has taken expert advice on
this issue. The Transport Assessment (CDB.10) addresses the potential for congestion and concludes that the
proposal will result in a redistribution of vehicle movements and a slight increase in two-way vehicle trips but
that there will be a negligible change on the highway network.
11.63 The Planning Committee report (CDB.14) identifies in Paragraph 7.28 that Kent County Council in their role as
highway authority have no objection to the Scheme and in Paragraph 10.264 that the “new development
can be accommodated at the major junctions within the existing town centre road network without
adversely affecting the safe and free flow of traffic or other road users”. In addition, the imposition of
conditions, including the provision of a Travel Plan, and the financial commitment towards encouraging
sustainable travel behaviours, would comply with Core Strategy Policies CP3 (3) and CP9 (8)”.
Theme 14 - Property specific issues
11.64 A number of Objectors have submitted objections which relate to property value or rights affected by the
Scheme. Specifically, these include concerns about the potential for reduction in value of nearby property,
the adequacy of the compensation budget, the impact on rights of light for adjoining properties, and lack
of negotiation with affected owners.
Date: November 2018 Page: 75
11.65 The Council, as part of the design and delivery of this Scheme, has taken expert advice on the impact of the
Scheme on third party property owners and occupiers. The impact on surrounding properties has been
considered as part of the overall design and planning process. The Council’s view is that a new theatre,
civic centre, public square and offices will enhance the town.
11.66 The Council will pay statutory compensation to any property owners and occupiers found to have been
affected by the Scheme. It has appointed GVA and Point2 Surveyors to assess both rights of light impact and
the statutory compensation budget, and this budget is regularly reviewed.
11.67 In addition, as set out above, the Council has agreed, or will agree, a number of measures (such as Noise
Management Plan, Construction Management Plan, Noise Mitigation Policy) to reduce and mitigate any
impact on surrounding property owners.
11.68 As set out in section 9 of the Statement of Reasons (CDA.05) and updated in section 9 of this Statement of
Case, the Council has been in negotiation with all affected property owners and occupiers prior to making
the Order, and in many cases for over 2 years.
11.69 The Council is satisfied that the compensation budget is adequate to meet its statutory obligations, and that
it has carried out adequate negotiations with third parties as required within Government Guidance
(CDA.08).
12. Human Rights
12.1 The Human Rights Act 1998 (“the Act”) incorporated into the UK domestic law the European Convention for
the Protection of Human Rights and Fundamental Freedoms (“the Convention”). Section 6 of the Act makes
it unlawful for a public authority to act in a manner which is incompatible with a Convention right.
12.2 The Convention rights engaged in the context of a compulsory purchase order are Article 1 of the First
Protocol of the Convention and Article 8 of the Convention.
12.3 Article 1 of the First Protocol of the Convention states:
“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be
deprived of his possessions except in the public interests and subject to the conditions provided for by law
and by the general principles of international law…”
12.4 Article 8 of the Convention provides:
“(1) Everyone has the right to respect for his private and family life, his home and his correspondence.
(2) There shall be no interference by a public authority with the exercise of this right except such as is in
accordance with the law and is necessary in a democratic society in the interest of ….the economic well-
being of the country…”
Date: November 2018 Page: 76
12.5 The Courts have recognised, in the context of Article 1 of the First Protocol of the Convention, that regard
must be had to the fair balance which has to be struck between the competing interests of those whose
rights are affected and the community as a whole.
12.6 Similarly, any interference with the Article 8 Convention rights must be in accordance with the law and must
be necessary and proportionate.
12.7 The Council has taken into account the impact of the Order on the Convention Rights of those whose
interests will be affected by the Order. In view of the background to the Order as set out in this Statement
and the compelling justification for making the Order, the Council considers that the exercise of compulsory
purchase powers in this case is justified in the public interest, authorised by law, and necessary and
proportionate in order to fulfil the Council’s objectives of securing its Civic Development programme.
12.8 The proposed Order will be consistent with Article 6 of the Human Rights Act 1998. All those affected will be
informed and advised of a right to make representations to the Secretary of State, to be heard at a public
inquiry and have a fair entitlement to compensation within the statutory provisions.
12.9 The Council has carried out extensive publication and consultation exercises on their proposals. Through
these exercises, those affected and the wider community have had the opportunity to make representations
to the Council on the Scheme proposals.
12.10 In addition, those affected by the Order will be notified of the making of the Order, and will be able to
object to the Order if they choose.
12.11 As objections have been received, a Public Inquiry will be held, where an independent Inspector, appointed
by the Planning Inspectorate, will hear the case for the Order, and any objections to the Order, before
completing their report. Under s.14(d) Acquisition of Land Act 1981, the Secretary of State has delegated
confirmation of the Order to an Inspector.
12.12 If the Inspector confirms the Order, the compulsory acquisition of the interests within the Order Land will only
be necessary if these have not yet been acquired by agreement within the timescales required to deliver
the Scheme. As explained in section 9 efforts to acquire these interests are on-going.
12.13 Further, all those whose interests are compulsorily acquired will be entitled to fair compensation, such
compensation to be determined independently by the Upper Tribunal (Lands Chamber) if it cannot be
agreed.
12.14 The Council is therefore of the view that there is a compelling case in the public interest for the compulsory
acquisition of each and every parcel of land and other interest comprised within the Order Schedule. It is
also convinced that the public interest that is to be served by the development and the wider social,
environmental and economic benefits to be realised as a result of the Scheme outweigh the necessary
interference with the private rights and interests that exist in the Order Land.
12.15 The Council therefore believes that in making the Order it has struck a fair and proportionate balance
between the interests of those whose Convention rights will be affected and the wider public interest.
Date: November 2018 Page: 77
13. Equality Act 2010
13.1 All public sector authorities are bound by the Public Sector Equality Duty (PSED) as set out in section 149 of
the Equality Act 2010. In exercising their compulsory purchase and related powers the Council as acquiring
authority must have regard to the effect of any differential impacts on groups with protected characteristics.
The Council has had regard to and complied with advice in paragraph 2 of the guidance issued by the
Equality and Human Rights Commission to promote equality of opportunity.
13.2 As is set out in section 7 above, the Scheme is supported by a range of planning policies both within the
Core Strategy and the saved policies from within the 2006 local plan. The Core Strategy was adopted in
June 2010, and as part of the preparation of this document, equalities impact was considered.
13.3 The Site Allocations DPD was adopted in 2016. As part of the preparation of that document, an Equalities
Impact Assessment was carried out in 2013. This found that there was no evidence that the site Allocations
DPD would have a differential impact on any person or group with protected characteristics.
13.4 When preparing and adopting the Civic Development Planning Framework SPD, the Council took account
of its PSED. For example, within the consultation responses received, concerns were raised over accessibility
and disability requirements. The Council amended the draft SPD to ensure it was clear that the SPD would
require compliance with its statutory duty in this regard.
13.5 When granting planning permission, the Council, in its role as statutory planning authority, took account of
the PSED.
13.6 The Council’s key decisions in progressing the Scheme from 2014 onwards are set out in para 2.64 above. In
making these decisions, the Council took into account the PSED, and had regard to the effect on any
groups with protected characteristics.
13.7 Within these decisions, the Council found no evidence of impact on any person or group with protected
characteristics.
13.8 Following on from the work set out above, in June 2018, the Council carried out an Equalities Impact
Assessment of the Council’s proposed use of compulsory purchase powers. Following this assessment, the
Council is satisfied that there is no evidence that the proposed use of Compulsory Purchase powers will have
an adverse impact on those people or groups with the following protected characteristics:-
• Marital or Civil Partnership Status
• Pregnancy / Maternity
• Sexual Orientation
• Religion or Belief
• Race
• Age
• Disability
Date: November 2018 Page: 78
13.9 The Council has, however, identified concerns over the impact of the Scheme on those with the protected
characteristics of Age and Disability.
13.10 These impacts include concern over access for those with disabilities both during construction and following
completion of the Scheme, the impact on disabled car parking, and the impact of the proposed changes
to the area on those with age related dementia.
13.11 The Council has proposed a range of mitigation measures such as ensuring the design of the new buildings
provides good accessibility, ensuring level access is maintained to Calverley Grounds throughout the project
and considering the design of access areas and car parking to ensure they are accessible and usable by all.
13.12 The Council will continue to monitor the impact of the Scheme on those people or groups with protected
characteristics both during the construction phase and once the Scheme is constructed. It will consider
further mitigation measures if required.
13.13 The Council is content that neither the proposed use of compulsory purchase powers nor the Scheme itself
will have a disproportionate impact on those people or groups with protected characteristics that is not
mitigated by the measures proposed above, and the continued monitoring of the proposals.
Date: November 2018 Page: 79
14. Special Considerations
14.1 There are no special considerations which apply to the Order Land.
14.2 The Council confirms that there are no listed buildings or ancient monuments within the Order Land. The Lord
Dowding Memorial (a non-designated heritage asset) is within the Order Land and will be affected by the
Scheme. The memorial will be relocated as part of the Scheme, but will be preserved and re-situated at an
alternative location within Calverley Grounds.
14.3 As set out in paragraph 3.2 above the listed Calverley Grounds is partly within the Order Land, and will be
affected by the Scheme. If the area of the underground car park is excluded, the amount of land within
Calverley Grounds that is affected is approximately 1,007sqm, which represents 2.18% of Calverley Grounds.
This includes The Lodge and the public toilets.
14.4 Planning permission for the Scheme, which includes the works required within Calverley Grounds, has been
obtained and in considering the planning merits of the proposals the comments of statutory heritage
consultees were taken into account
14.5 There is no land within the Order Land which is owned by the National Trust, and the Council is not proposing
to acquire any land owned by another public authority.
14.6 There is no open space within the Order Land, and no part of the Order Land forms part of a common, fuel
or field garden allotment. A small area of open space, forming part of Calverley Grounds, will be required to
deliver the Scheme, and has been appropriated for planning purposes (see 15.2 below).
14.7 The Order acquires rights to work on or enter onto land adjacent to an electricity sub-station operated by
South Eastern Power Networks / UKPN at Mount Pleasant Avenue. The works proposed will not affect the
functioning of the sub-station, and the Council will appoint UKPN to undertake all works within this sub-
station. Design detailing, programme and sequencing are underway with UKPN.
15. Associated Consents and Approval
15.1 The following associated consents and approvals are required to deliver the Scheme.
Appropriation
15.2 In order to deliver the Scheme, the Council has appropriated the land within its ownership for planning
purposes. The timetable for this is set out below.
21 June 2018 – Notices erected.
6 July 2018 (midnight) – Consultation period ended.
13 July 2018 – Council review period ended.
Date: November 2018 Page: 80
19 July 2018 – Council published officer’s report.
26 July 2018 – Appropriation effective.
Traffic Regulation Orders
15.3 As set out in paragraph 8.25 above, Traffic Regulation Orders are required to deliver the Scheme.
15.4 The Traffic Orders required to deliver the Scheme are the responsibility of the main contractor Mace, via its
transport consultant, Vectos. Working with Mace, the Council will ensure the programme for delivery of these
Orders will fit within the main project delivery programme, and will not be an impediment to the Scheme.
The Council will also use a Traffic Regulation Order to create the loading bay on Mount Pleasant Road by
Sainsbury’s for use by Great Hall tenants during construction. This is out for consultation and will go to the
Joint Transport board in January.
Other Consents
15.5 The following additional consents are likely to be required.
• Hoarding Licence • Temporary footpath closure • Section 278 Highways Act 1980 • Parking Suspensions
15.6 Parking space suspensions are likely to be required along Mount Pleasant Avenue (Circa 7no spaces) for the
duration of the works. This is to enable the Council’s building contractor, Mace to work along the edge of
the site, but to maintain vehicle access along Mount Pleasant Avenue.
15.7 The Council does not foresee any reason why any of these consents will not be obtained within the
timescales required.
Date: November 2018 Page: 81
16. Conclusion
16.1 The 2018 Guidance sets out guidance for acquiring authorities regarding the making and confirmations of
compulsory purchase orders. This includes key policy tests which the Secretary of State will expect to be
satisfied before a compulsory purchase order is confirmed. In this instance, as the Secretary of State has
delegated confirmation to an Inspector, references to the Secretary of State in the paragraphs below should
be read as the Inspector taking the delegated decision.
16.2 Paragraph 106 of the 2018 Guidance advises that in deciding whether or not to confirm a compulsory
purchase order, the Secretary of State can be expected to consider the following factors:
• Whether the purpose for which the land is being acquired fits in with the adopted Local Plan for the area
or, where no such up-to-date framework exists, with the Local Plan and the NPPF 2018;
• The extent to which the proposed purpose will contribute to the achievement of the promotion or
improvement of the economic, social or environmental wellbeing of the area; and
• Whether the purpose for which the acquiring authority is proposing to acquire the land could be
achieved by any other means.
• the potential financial viability of the scheme for which the land is being acquired. A general indication
of funding intentions, and of any commitment from third parties, will usually suffice to reassure the
Secretary of State that there is a reasonable prospect that the scheme will proceed. The greater the
uncertainty about the financial viability of the scheme, however, the more compelling the other grounds
for undertaking the compulsory purchase will need to be. The timing of any available funding may also
be important. For example, a strict time limit on the availability of the necessary funding may be an
argument put forward by the acquiring authority to justify proceeding with the order before finalising the
details of the replacement scheme and/or the statutory planning position
16.3 In respect of the first factor, the planning permission for the development of the site gives effect to the policy
requirement found in the Local Plan as detailed above, for a comprehensive approach so that its potential
can be fully realised.
16.4 The Scheme will contribute towards the achievement of the Council's strategic objectives.
16.5 As to the second factor, as explained above, the use of the Council's CPO powers to facilitate the
redevelopment and regeneration of the Order Land will contribute towards the economic, social and
environmental well-being of the area, and to the achievement of the Council's regeneration and planning
objectives and will also result in substantive public benefits being realised, both within the Order Land and in
the wider area. The Scheme will deliver significant public benefits.
16.6 As to the third factor, the purposes for which the land is to be acquired could not be achieved by
alternative means including through development in other locations.
16.7 As to the fourth factor, the Council has assessed the cost of the Scheme and has identified the funding
required to meet that cost. In accordance with paragraph 14 of the DCLG Guidance it is clear that the
Date: November 2018 Page: 82
funding needed is available at the time required. There is a good prospect that the Scheme will be
delivered.
16.8 All of the Order Land is required for the Development and it is necessary to acquire it in order for the Scheme
to proceed. The Council has not been able to reach agreement for the acquisition of the required land and
rights by private treaty. The Council continues to seek acquisition by agreement but it is not certain that this
can be achieved. If agreement cannot be reached the regeneration of the Order Land will not be
achieved without the use of compulsory purchase powers, but the powers will only be used where the
required land and interests cannot be acquired by negotiation. As such the use of compulsory purchase
powers is necessary and proportionate.
16.9 As explained above, there is a clear strategy for the development of the Order Land based on the Planning
Permission. If the CPO is confirmed the development for the purposes of which the Order has been made will
be delivered.
16.10 Paragraph 2 of the 2018 Guidance refers to the taking of steps by an acquiring authority to acquire land by
agreement where possible. As stated above negotiations have been on-going but acquisition of these
interests has not been agreed.
16.11 Accordingly, the Council considers that the order falls within the ambit of the powers conferred by section
226(1) (a) TCPA 1990, the development would promote all three objectives identified in section 226(1) (A),
the criteria in the 2018 MHCLG Guidance are satisfied and that there is a compelling case in the public
interest for the confirmation of the Order.
Date: November 2018 Page: 83
17. Other Information of Interest to Persons affected by the
order
• If you require further information on the Order, or the Calverley Square Development Scheme, please
contact
Mark Davey, GVA, 020 7911 2812; 0788 411 4045; [email protected]; 65 Gresham Street, London
EC2V 7NQ
• If you are affected by the Order, and are considering taking professional advice, please contact the
RICS compulsory purchase helpline (024 7686 8555; http://www.rics.org/uk/footer/contact-us/rics-
consumer-helplines/).
18. Inspection of the Order and Order Documents
The Order and documents can be viewed at the following places and times:
18.1 Tunbridge Wells Council Gateway, 8 Grosvenor Rd, Tunbridge Wells TN1 2AB (Monday to Friday 9am-5pm).
18.2 Library, Civic Way, Tunbridge Wells, TN1 1NS (Monday to Friday 9am-6pm, Saturday 9am-5pm, Sunday 10am-
4pm).
18.3 The Council Website: http://www.tunbridgewells.gov.uk/council/have-your-say/consultations/calverley-
square-compulsory-purchase-order
Dated 27 November 2018
Date: November 2018 Page: 84
Appendix 1 - Documents to be referred to in the event of
an inquiry
Ref Document CDA The Order and Associated Documents
CDA.01 Full Council meeting 06/12/17 Agenda, Public Document Pack and Minutes
CDA.02
Cabinet meeting 19/07/18 Agenda and Minutes including resolution to make The Tunbridge Wells Borough Council (Calverley Square) Compulsory Purchase Order 2018
CDA.03
The Tunbridge Wells Borough Council (Calverley Square) Compulsory Purchase Order 2018 (“Order” and “Order Schedule”) dated 20 August 2018
CDA.04
The Tunbridge Wells Borough Council (Calverley Square) Compulsory Purchase Order 2018 Order Map
CDA.05 The Tunbridge Wells Borough Council Statement of Reasons supporting the Order CDA.06 Notice to Qualifying Persons CDA.07 Published newspaper and site notice
CDA.08
MHCLG Guidance Compulsory Purchase https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/472726/151027_Updated_guidance_for_publication_FINAL2.pdf
CDA.09 The Tunbridge Wells Borough Council Statement of Case CDA.10 Minutes from Full Council Meeting 26/07/17 CDB Planning Application Documents CDB.01 Planning Application Form (ref: 18/00076/FUL) CDB.02 Planning Application Boundary Plan CDB.03 Landscape and public realm strategy stage 2 report CDB.04 Design and Access Statement CDB.05 Planning Statement CDB.06 Noise Impact Addendum for 8-16 Grove Hill Road CDB.07 Theatre Noise Impact Assessment CDB.08 Theatre Noise Impact Addendum
Date: November 2018 Page: 85
CDB.09 Office Noise Impact Assessment CDB.10 Transport Assessment and Travel Plan CDB.11 Flood Risk Assessment and Drainage Strategy CDB.12 Theatre Delivery and Servicing and Management Plan CDB.13 Construction Management Action Plan - Draft CDB.14 Head of Planning Report to the Council’s Planning Committee 09 May 2018 CDB.15 Minutes of the Planning Committee 09 May 2018 CDB.16 Decision Notice subject to MOU dated 15 June 2018 CDB.17 Officer report on appropriation of land dated 19 July 2018 CDC Relevant Planning Policies
CDC.01 National Planning Policy Framework 2012
CDC.02 National Planning Policy Framework 2018
CDC.03 Tunbridge Wells Borough Council Local Plan 2006 (saved policies)
CDC.04 Tunbridge Wells Core Strategy 2010
CDC.05 Site Allocations Local Plan 2016
CDC.06 Civic Development Planning Framework Supplementary Planning Document, adopted February 2018
CDD Policy & Background Documents
CDD.01 Destination Management Plan for Tunbridge Wells 2013-2016, October 2013, Blue Sail
CDD.02 Economic Development Strategy 2018-2021 TWBC CDD.03 Five year plan 2017-2022 TWBC
CDD.04 Sevenoaks and Tunbridge Wells Economic Needs Study Final Report August 2016, Colliers & Turley Economics
CDD.05 GVA Wider Economic Benefits report January 2018 CDD.06 Town Centre Office Study, February 2018, Durlings CDD.07 Cultural Strategy 2014-2024 TWBC CDD.08 Lichfields Report 2018 CDD.09 Economic Impact of Tourism on Tunbridge Wells 2015 CDD.10 Chartered Institute of Public Finance and Accountancy (CIPFA) Report CDD.11 Five Year Plan 2014-19 TWBC CDD.12 Grant Thornton Annual Audit Letter Year Ending 31 March 2018 CDE Other documents
CDE.01 New theatre for Tunbridge Wells Borough Council Feasibility Study & Options Analysis, April 2016, Bonnar Keelyside
CDE.02 Heritage Report CDF Objections and Negotiations CDF.01 Objection letters submitted to the Secretary of State CDF.02 Council’s response to Objectors CDF.03 Schedule of Objectors CDF.04 Combined Objection Response CDG Relevant Legislation
Date: November 2018 Page: 86
CDG.01 Section 226 of the Town and Country Planning Act 1990 (as amended) CDG.02 Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 CDG.03 Compulsory Purchase (Inquiries Procedure) Rules 2007/3617 CDH Correspondence regarding the Inquiry
CDH.01 Notice of Secretary of State’s Decision to hold an Inquiry dated 17 October 2018
Appendix 2 – Schedule of Objectors