Site: The Viewing Platform, Brayford Wharf North Lincoln ...democratic.lincoln.gov.uk/documents/s28044/Brayford Viewing... · B78 3QZ Mr R S Vinter 23 Beech Road Branston ... girder

Site: The Viewing Platform, Brayford Wharf North Lincoln, LN1 1XY

Application No: 2014/0808/F

Target Date:

Agent: Stem Architects

Applicant: Mr David Rossington

Development: Erection of a two storey building for the purpose of A3 (Food & Drink) and refurbishment works to viewing platform. Reconsultation on revised siting and external appearance and viewing platform. (Revised Description)

Background Application is for the erection of a new 2 storey building to be located on the Brayford adjacent to the North bank. The new building will be used for the purposes of a restaurant (A3). The building will be attached to the existing public viewing platform which is to be refurbished as part of the proposal. The Site is located within the West Parade and Brayford Conservation Area No. 3. The proposal has been subject to negotiation and revision during the course of the application and therefore a re-consultation on the application has been undertaken. The application has been submitted by Investors in Lincoln and is a joint initiative with the Brayford Trust. The submission includes a Heritage Impact Assessment, Design and Access Statement and Ecology Phase 1 Habitat Survey. The Design and Access Statement indicates that any funds generated by the development for the Brayford Trust will be reinvested in the Pool, including to fund dredging the Pool. Site Visit 27th January 2015 and 11th August 2015 Issues

Local and National Planning Policy

Effect on the Brayford Pool

Character and appearance of the conservation area.

Effect on residential and visual amenity

Effect on the setting of adjacent listed building

Highway safety

Flood risk

The viewing platform

Ecology

Archaeology

Navigable channel Policies Referred to National Planning Policy Framework 18 Development in Mixed Use Areas

19F Brayford and Glory Hole Revival Area 33 Waterside Development 34 Design and Amenity Standards 46B Protecting the Water Environment 46C Protecting Open Water Features Consultations Consultations were carried out in accordance with the Statement of Community Involvement, adopted May 2014. Responses Lincoln Civic Trust St Mary`s Guildhall

385 High Street Lincoln LN5 7RY

Mr P Slater 7 Derek Miller Court Newland Street West Lincoln LN1 1RB

Mr Mike Thompson 21 Gardenfield Skellingthorpe Lincoln LN6 5SP

Canal & River Trust PSSC Canal & River Trust Peel's Wharf Lichfield Street Fazeley Tamworth Staffordshire B78 3QZ

Lincolnshire Fire and Rescue South Park Avenue Lincoln LN5 8EL Attn. Mr P Lewis

Christopher Padley 54 Hewson Road Lincoln LN1 1RX

D Hopewell 125 Eastbrook Road Lincoln LN6 7EW

Peter D Slater 7 Derek Miller Court Newland Street West Lincoln LN1 1RB

Jackie Brown By email Highways & Planning - Laura Markwell Lincolnshire County Council West End Residents Association - Sandra Lewis

176 West Parade Lincoln LN1 1RU

Lincoln Civic Trust St Mary`s Guildhall

385 High Street Lincoln LN5 7RY

William Barr Lincoln Sea Cadets By email

Ryan Cullen By email Environment Agency planninglincoln@environment-

agency.gov.uk Waterside House Waterside North Lincoln LN2 5HA

Lincolnshire Wildlife Trust Banovallum House Manor House Street Horncastle Lincs LN9 5 HF Attn. Mr Phil Porter

Mike Riley 19 Riseholme Road Lincoln LN1 3SN

Barry Jopson Commodore Burton Waters Boat Club By email

Ground Floor Templeback 10 Temple Back Bristol BS1 6FL [email protected]

Tony Pache By email Lincolnshire Fire and Rescue - Debbie Robinson

South Park Avenue Lincoln LN5 8EL Attn. Mr P Lewis

Tony Ruffell By email Nicola Grant Clare Sterling Lincolnshire Wildlife Trust Banovallum House

Manor House Street Horncastle LN9 5HF

Mike J Riley Mike Riley 19, Riseholme Road Lincoln LN1 3SN

Jeremy Wright 73 Nettleham Road Lincoln LN2 1RT

Historic England Attn. David Walsh Simon & Claudia Zigante By email Claire Bryant By email Susan Burton By email Canal & River Trust PSSC

Canal & River Trust Peel's Wharf Lichfield Street Fazeley Tamworth Staffordshire B78 3QZ

Mr R S Vinter 23 Beech Road Branston Lincoln LN4 1PF

Sue Burton 85 Fulmar Road Lincoln LN6 0RX

Tony Ruffell 64 Grandfield Way Lincoln LN6 9NZ

Mike Riley 19 Riseholme Road Lincoln LN1 3SN

Jackie Brown Barbara Limb Brian Harding 11 Shearwater Close

Lincoln Jackie Brown By email Doug Brooks By email Steve Vinter Branston Highways & Planning Lincolnshire County Council Mrs Maureen Mansfield 17 Trevose Drive

North Hykeham Lincoln LN6 8UL

Michael J Orridge 6 Charles Street West Lincoln LN1 1QP

Lincolnshire Police - John Manuel Police Headquarters PO Box 999 Lincoln LN5 7PH

Michael Orridge 6 Charles Street West Lincoln LN1 1QP

William D Barr Lincoln Sea Cadets 9 Millstream Road Heighington LN4 1TY

Keith Newsome 23 Albion Close Lincoln

Michael Orridge 6 Charles Street West Lincoln LN1 1QP

Environment Agency planninglincoln@environment-

agency.gov.uk Waterside House Waterside North Lincoln LN2 5HA

Sandra Lewis (West End Residents Association)

22 York Avenue Lincoln LN1 1LL

John Holland Cllr Chris Burke Mr & Mrs Zigante 5 Cambridge Avenue

Lincoln LN1 1LS

David R Littler 65 Gregg Hall Crescent Lincoln LN6 8AQ

Ryan Cullen P Houltby English Heritage East Midlands Region

44 Derngate Northampton NN1 1UH

Lincoln Civic Trust St Mary`s Guildhall 385 High Street Lincoln LN5 7RY

Consideration of Issues Revisions to the Proposal As submitted the application proposed the provision of a new 2 storey building on the water at Brayford Wharf North and the replacement of the existing viewing platform. The as submitted proposal was for a restaurant building more solid in form and materials to both ground and 1st floors, with brown zinc standing seam cladding, ceramic stone and louvers punctuated with smaller window openings. Further to negotiations the proposal has been significantly revised. The viewing platform will now be refurbished rather than replaced and joined onto the new restaurant building. The restaurant building will be predominately glazed at ground floor with a ‘Verendeel’ girder style structure to be constructed in Cor-ten at 1st floor level, drawing from the historic function of the Brayford Pool as an inland working port. The overall siting of the restaurant building has also been revised and moved further west of the existing viewing platform to retain outlook and views from the student residences at Brayford Keys and be located on a wider part of the promenade on Brayford Wharf North and to help identify the viewing platform as a public rather than private space. The new building is therefore also located further from the grade II Sam Scorer designed, former motor showroom building located adjacent to Lucy Tower Street.

Policy The application site is located within the Brayford and Glory Hole revival area. The main objectives of being

Create attractive, lively, pedestrian friendly environment

Promote Brayford as a cultural and festival area

Create a high quality , mixed use environment attracting locals and visitors

Encourage developments which will promote a 24- hour purpose and presence

Retain and enhance essential links with the Brayford’s past

Create attractive and lively waterfront areas

Ensure new development reflects historic grain

Strengthens special identity of the Brayford Area

Protect and enhance views from the south and east banks towards the hillside and Cathedral

Policy 19F indicates that’s planning permission will be granted for developments creating a mixture of activities including restaurants provided a number of criteria are met including

Servicing and parking provision allows for a safe pedestrian dominated environment

On-site parking is limited

Existing and new pedestrian routes are enhanced

Residential accommodation is included, unless impracticable.

Development will not be for large scale office use.

The application is considered to be in accordance with both policies 18 and 19F. The A3 use is considered acceptable within the Central Mixed Use Area while helps to promote both waterside activity and 24 hour uses within the area. The ‘crane’ design of the building reflects the history of the Brayford as a working port and therefore retains essential links with the past. Important views of the hillside and in particular the Cathedral are unaffected by the proposal. The 2 storey restaurant building will be viewed against the back drop of the modern additions to Brayford Wharf North behind and will not impinge of views of the wider hillside and Cathedral beyond. Some of the ‘open’ views of the Pool will be affected at some points along Brayford Wharf North, however these are fleeting and the overall open nature of the Pool will remain. Further the restaurant has been designed as such with glazing to the ground floor to enable glimpsed views and light through of the Pool beyond. The Local Plan identifies that for centuries the Pool was a busy inland port and played an important part in the development and expansion of Lincoln since pre- Roman times. The Pool and the adjoining Glory Hole was once the main trade route into the City. Identified as a ‘Revival Area’ local plan policy proposes the area as a natural ‘festival area’ and is a suitable location for food and drink related leisure development and housing. The Pool has suffered more recently from a loss of purpose and resultantly declined. Some efforts were undertaken in the 1970- 80’s to clear derelict boat and moorings and generally improve the area with both small and large scale developments of varying successes before the investment more recently from the University on the South Bank.

The Revival Area policy identifies The Pool as a strength and is “of enormous value and potential” in terms of recreation, ecology, transport, townscape and ‘atmosphere’ and must be protected and enhanced. Policy 33: Waterside Development states that where development is proposed adjacent to watercourses, the design will be expected to take full advantage of the townscape, landscape and natural habit opportunities afforded by open water features and their margins. Permission will not be granted for development which fails to take advantage of its waterside setting. Policy 46: Protecting Open Water Features states that planning permission will not be granted for development which would result in the loss of open water features (including their margins) through culverting or enclosure by other means, except where the LPA is satisfied that such works are unavoidable in achieving the satisfactory development of land. Principle of Development on the Pool. The Lincoln Townscape Assessment notes that the Brayford Pool has a long history of developments and has been a focus of economic activity since the Roman period. It has functioned as an inland port and until recently the urban form and character was primarily influenced by the commercial activity of the port during the 18th and 19th century. At the height of commercial activity the Pool was lined with high density development accommodating wharves, warehouses, malting’s, mills timber yards and iron manufacturers and boat builders. Pictorial evidence from the time suggests that the Pool was also a hive of activity with various watercrafts lined up, sometimes more than one deep, to access the wharf side to load and unload. Cranes alongside were also used to facilitate faster loading and unloading, heavier items. The advent of the railway resulted in the decline of the Pool and the eventual loss of the historic buildings. The LTA acknowledges that the Modern period has seen large scale redevelopment of the area which has as a result created a markedly different character with the loss of much of the earlier townscape. Therefore, in terms of the character and appearance of the Conservation area in this location, the heritage context has been largely lost both in terms of built fabric and functionality. In terms of design, the agent has identified that the proposed restaurant building is an interpretation of a lifting crane. The design is on a conceptual level and takes inspiration from the now lost commercial activities once prevalent in the area. The Pool now has some activity along the Northern edge with Wagamamas and The Barge. The proposed development will introduce a further presence alongside the wharf side, resonant of the once flourishing port. The presence of activity on the water, is considered more authentic in terms of character and appearance than the current bare wharf side. The glazing at ground floor allows views through the structure to the water beyond, preserving the connection of the wharf side with the Pool and the amenity values currently enjoyed from the promenade.

Views Across the Pool Many objections received cited concerns regarding the loss of views across the Brayford Pool as a result of the development. Views across the Pool are important and indeed preservation of open waterways is sought under policy 46 C of the CLLP. The proposal will have some effect on the outlook across the Pool however, given the expansive perimeter of the Pool it is considered that this development does not prejudice that amenity value. Views across the Pool can also be considered a kinetic experience, changing as you move around the Pool. Views from the South banks of the Pool have in recent years been affected by the on- going redevelopment of the area for the University and views are now often glimpsed from the South West corner. Whilst a view when stood directly in front of the proposed development will be somewhat obscured, albeit some views through the ground floor glazing, views of the Pool will re-appear as the viewer moves along the wharf side. Importantly, views of the historic hillside, Cathedral and Castle are not affected by the proposal when viewed from the south. Viewing Platform As submitted the application proposed the provision of a new 2 storey building on the water at Brayford Wharf North and the replacement of the existing viewing platform. The existing viewing platform has been closed to the public for some years. The agent states that an inspection of the platform was carried out by the Harbour Masters in 2014 and had revealed rotten timbers. It was decided at the time to prevent public access to the platform with immediate effect. The Brayford Trust and Investors in Lincoln are intending to undertake the necessary repair works to bring the Viewing Platform back into public use. The intention is also to increase the public usage of the viewing platform overall, by attaching it to the new outdoor seating area of the new restaurant. The new viewing platform will therefore be part of a new larger facility located on the Brayford which will offer both public and private spaces, clearly delineated. The agent has confirmed that the Brayford Trust will fund the works to the platform as part of the main construction works and will be undertaken at the same time as the main contract for the new restaurant. It is proposed that conditions are imposed to ensure the works to the platform are undertaken prior to the first use of the adjoining restaurant building. An on – going maintenance plan should also be conditioned. Design and External Appearance The external appearance and materials of the restaurant building has been revised during the course of the application. The proposal now is primarily glazing at ground floor, with a clad system and with glazed window openings at first floor. The external cladding has been revised to be Cor-Ten to reflect the heritage of the port setting. It is intended that the ground floor glazing will allow light and sight lines through the building to the Brayford.

Extraction Flues and Services The agent has identified that all extraction flues and chiller units will be located within the cladding void of the building and behind the roof parapet and therefore not on public view. The proposal has been assessed by Environmental Health, with detailed proposals for the extraction and plant equipment to be the subject of a condition. An area has been identified on site for the storage of refuse bins. Consultation Responses and Effect on Amenity The application has generated much interest both locally to the site and from within the wider City. A number of objections have been received, including from The West End Residents Association and Lincoln Civic Trust. Objections concern a number of issues, but primarily, the principle of developing over the water on the Pool, loss of views across the Brayford Pool, loss of light and sense of enclosure to Brayford Wharf North and the creation of too many A3 uses in the vicinity of the Brayford Pool. Concerns are also raised regarding the design of the proposal and the effect on the appearance of the conservation area. Other issues raised include; loss of views across the Pool for events such as the Water Festival, an existing over concentration of restaurants in the area and citing that the previous Wagamama’s restaurant detracts from the area and should not be repeated. A number of letters have also questioned why the existing viewing platform is closed to the public for health and safety reasons and the apparent lack of general up keep on the existing platform. Further, concerns that using the development to finance the dredging of the Pool is not sustainable financially. An objection has been received from Mitchells and Butlers concerning its premises The Harvester Public House (PH) located on Brayford Wharf North directly opposite the application site. It raises concerns regarding obstructing views from this existing property to the waterfront and an overbearing sense of enclosure, including to the outdoor seating area. It should be noted that whilst the Harvester PH is located opposite the application site, this part of Brayford Wharf North is relatively wide and the public house itself is set back further from the waterfront than adjacent buildings. Whilst some views out towards the water will be obscured by the new restaurant, it is not the role of the planning system to protect views. Outlook should not however be detrimentally affected, and given the 17m distance at the nearest point between the two buildings, I am satisfied that outlook will not be affected to a point which is considered unduly harmful to this commercial premises. Concerns of intrusion on privacy through over looking to the Harvester PH are also raised. I do not consider however that any overlooking here between two commercial buildings in similar uses, can be considered harmful to amenity. Loss of light to the outdoor seating area is also raised. As the new restaurant would be located directly south of the public house, any direct loss of sunlight would be experienced during the middle of the day. I do not consider the effect to this commercial premises unduly harmful and expect this would be primarily limited to winter months.

Servicing and refuse collection, resulting in congestion is also raised. No objections have been received by either the Highway Authority or Environmental Health, the Fire Service or Lincs Police. A number of responses in support of the application were also received. Effect on the Setting of Adjacent Listed Building. The former motor showroom building designed by Sam Scorer and built 1959 is grade II listed. The building is located on the corner of Lucy Tower Street and Brayford Wharf North. The agent has undertaken a ‘Key View Analysis’ for Brayford Wharf North which indicates that the new restaurant building is located to the west of the listed building and that views towards the listed building will remain unobstructed. The revised proposal which has moved the location of the proposal restaurant slight further West also benefits the setting of this listed building, being further from the former garage building. The proposal will not therefore detract from the setting of the listed building as a heritage asset. Response from Historic England HE has identified that the two storey building is to lie within the Brayford Pool which is an important historic asset which forms a central part of the character and appearance of the West Parade and Brayford Conservation Area No3. and that development on the Brayford Pool itself has the potential to be harmful. “Development within the Pool itself along Brayford Wharf North which obscured large sections of the former wharf and appreciably eroded its character as an open waterfront would have a significant negative impact on the significance of the conservation area. We consider that the impact of the specific proposal taken in conjunction with the existing Wagamama restaurant is more limited as the development restricted to two buildings of the scale proposed.” HE has however stated that it is of the opinion that the Pool can sustain one further building along the waterfront without detriment to the character and appearance of the conservation area. It is however stated that the development proposed is the last that could be successfully accommodated here on the Brayford. HE has been re- consulted on the revised proposals and has no further comments to make. Archaeology The proposed works have the potential to impact upon well-preserved organic remains laid down in muds and silts below the lake bed. The restaurant will be constructed with piles through to the lake bed, it is therefore proposed that a standard archaeological condition is applied to cover these works. Ecology Lincolnshire Wildlife Trust, requested that an ecology survey should be undertaken. In order to address the issues raised by the Trust, the applicant instructed Delta Simons to undertake a phase 1 habit survey to identify any potential ecological habitats or species present in the area and mitigation measures. The habit survey was undertaken on 23rd October and identified that there are few notable species within the area and concluded that the proposed development will not be detrimental to the ecology of the Brayford Pool.

The survey identifies that the site is currently subject to ongoing heavy disturbance by watercraft and pedestrians on the banks of the Brayford Pool both by day and night. This disturbance, combined with the lack of suitable habitats at the Site, is anticipated to deter protected and notable fauna. Further, it is considered unlikely that the development will have a significant adverse impact upon the Brayford Pool Local Wildlife Site due to the size of the proposed site which will cover a small area of the LWS that is already subject to high levels of anthropogenic disturbance by day and by night, while all of the other wildlife sites were considered too far away from the site to be adversely impacted upon by the proposals.

The survey did identify that the site supports foraging opportunities for a number of widespread bird species, and two bat species which feed from the water’s surface that are widespread in Lincolnshire. However, given the limited area of the Brayford Pool that will be impacted upon by the proposals, the report anticipates there to be no significant adverse impacts upon either bird nor bat species, so long as appropriate mitigation is put in place with regards to lighting and bats. Recommendations made by the report suggested- 1) The lighting plan for the Site should be designed to ensure that any light spill onto Brayford Pool is minimised in order to prevent any adverse impact upon bats. 2) All machinery used in the construction of the restaurant and platform should be cleaned in order to prevent the spread of Nuttal’s pond weed present in the Brayford to other watercourses 3) Contractors should adhere to the recommendations outlined in Pollution Prevention Guidelines in order to minimise the risk of pollution events to the Brayford during the construction period. 4) A green roof to the building to encourage foraging for bats and birds. The Phase 1 Habit report has been considered by Lincs Wildlife Trust who is satisfied “that there shouldn’t be any significant impacts on the Local Wildlife Site and would support the recommendations made by the consultants.” Flood Risk The site is located within flood zone 2. The proposal has been considered by both the Environment Agency and Lincolnshire County Council as Lead Flood Authority. The Environment Agency raises no objections to the proposal, requesting that the development is undertaken in accordance with the details within the submitted Design and Access Statement, including the following flood mitigation measures-

The ground floor to be raised 300mm above the existing ground level of the viewing platform

The proposed building to be a minimum of 2 storeys

Flood resilient and resistant construction to be used.

Encroachment on the Navigation Channel The Canal and River Trust has raised an objection to the proposal as the proposed development encroaches within the designated navigation channel through the Brayford Pool. The ultimate land owner of the Brayford Pool is the City of Lincoln Council. The Canals and River Trust is however responsible for the Fossdyke Navigation through a complex series of historic long leases. The CRT has a duty to ensure the continuous navigation for cruising craft on the Fossdyke Navigation, including the Braford Pool. The lease for the Brayford Pool expressly reserved to CRT the navigable channel through and including dimensions of the location of the channel being 9.1m wide and 9.1m from the North bank and is 1.6m deep. The proposed development requires a structure extending out from the flood wall on the north bank of the Brayford Pool by 12m. The navigable channel is located 9.1m from the north bank, the development therefore encroaches on the navigable channel as defined in the leases. The CRT therefore stated in its consultation response, “without a legally binding amendment to the leases, we considered that we had no option but to object, as not to do so risked prejudicing our ability to maintain a navigable channel through the Pool”. The CRT did however state that, in practice the navigable channel as currently used is actually located further into the Brayford Pool, being an 8-10m wide channel located approximately 26-32m South of the North bank of the Pool. “This channel is therefore at least 14m away from the proposed development and would not be affected by it.” The CRT therefore advised that all 3 parties involved with the lease of the Brayford being the CRT, Brayford Trust and City of Lincoln Council, should negotiate amendments to the legal leases to formalise the current channel in place of the channel defined in the leases. Discussions to agree a formal amendment to the relevant leases were undertaken with the CRT stating that “Satisfactory completion of legally binding amendments to the leases would remove our objection to the application”. The legal process to amend the leases to secure the establishment of a revised navigation channel has now been completed. The Canal and River Trust has subsequently removed its initial objection in a formal response received 10th June 2016. Conclusion This part of the West Parade and Brayford Conservation Area has lost much of its historic context. The development re-establishes the physical connections between the wharfside and the water, and provides increased activity on the waterfront within the Brayford and Glory Hole Revival Area. The restaurant building has been significantly redesigned to acknowledge the history and architecture of the area and proposes a statement building and materials. The proposal will not be detrimental to the ecology of the Brayford Pool as a watercourse, nor will it detract from the setting of the Brayford as an area of open water. The proposal is therefore in accordance with local and national planning policy. It is therefore considered that the proposed development is in accordance with the duty contained within section72 (1) of the Planning (Listed Buildings and Conservation Areas Act) 1990 and guidance

contained within National Planning Policy Framework, in particular para 137 which states that Local Planning Authorities should look for new development within a Conservation Area and within the setting of heritage assets to reveal or better enhance significance. Financial Implications None. Legal Implications None. Application Negotiated Either at Pre-Application or During Process of Application Yes. Equality Implications None. Application Determined within Target Date No extension of time agreed. Recommendation Grant Conditionally. Conditions

1) 3 years 2) Drawing nos 3) Samples of materials including framing of windows and doors, and balustrading 4) Archaeology 5) Flood risk measures as outlined in the Design and Access Statement 6) Construction management plan 7) Details of fume extraction equipment 8) Noise impact assessment report and identified mitigation measures for any new plant

or extraction works. 9) Prior to the first use of the new restaurant building, a schedule of works, including

details of materials for the proposed repair and refurbishment of the viewing platform shall be submitted to and approved by the LPA.

10) The restaurant building hereby approved shall not be brought into use until the repair/ refurbishment works to the viewing platform are completed and the viewing platform is available for public use.

11) Prior to the first use of the restaurant building, a maintenance strategy for the on-going up keep of the viewing platform shall be submitted to and approved by the LPA. The viewing platform shall be maintained in accordance with the approved strategy.

12) Ecology conditions- lighting plan to reduce effect of light spill on bats, green roof, washing of site equipment to prevent spread of Nuttals pondweed

13) No development shall take place until a scheme of proposed construction works (including all works and repairs required to facilitate re-use of the viewing platform) has first been submitted to and approved in writing by the LPA. Such a scheme shall include a bed level survey of the site (including a minimum 10m offset from the footprint of the proposed structure and details of the existing water levels, soft beds levels and hard bed levels around those areas where supporting piles are proposed) and details of all piling works, including details of piling spacings, proposed depth to be sunk into bed level, corresponding depth of piles to be exposed above hard bed level and details of how the piles are to be installed.

14) No development shall take place until a scheme for the provision of protective fendering for the proposed development has been submitted to and approved in writing by the Local Planning Authority. Such scheme shall include details of the design, construction, location and means of installation of all protective fendering. The development shall thereafter only be carried out in accordance with the approved details.

15) External lighting scheme including details of the design, location and luminance of warning lights on the development.

16) Details of the designs and appearance of the balustrade to the balcony areas. 17) Fish refuges and soft engineering as requested by LWT

Report by: Planning Manager