COMMITTEE REPORT
BY THE DIRECTOR OF ENVIRONMENT AND NEIGHBOURHOOD SERVICES
READING BOROUGH COUNCIL
ITEM NO. 9
PLANNING APPLICATIONS COMMITTEE: 20th July 2016
Ward: Abbey
Application No’s: 161079/FUL / 161080/LBC / 161211/ADV
Address: Reading Prison, Forbury Road, Reading
Proposals: 161079/FUL: Temporary change of use from Class C2a (Prison) to Class D1 (Art
Exhibition/Event space) of part of ground, first and second floor, and associated works,
from 1st August 2016 to 11th November 2016
161080/LBC: External and internal works associated with temporary change of use from
Class C2a (Prison) to Class D1 (Art Exhibition/Event space) of part of ground, first and
second floor from 1st August 2016 to 11th November 2016
161211/ADV – Temporary (from 1st August 2016 to 11th November 2016) display of 1x nonilluminated advertisement and 1x externally illuminated information sign to north (Forbury
Road) perimeter wall
Applicant: Artangel
Dates Valid: 161079/FUL & 161080/LBC: 15/06/2016 / 161211/ADV: 29/06/2016
Application target decision dates: 161079/FUL: 14/09/2016 / 161080/LBC: 10/08/2016 /
161211/ADV: 24/08/2016
26 week dates: 161079/FUL & 161080/LBC: 14/12/2016 / 161211/ADV: 28/12/2016
RECOMMENDATIONS
In the cases of the planning and listed building applications, the recommendation is to
delegate to officers to grant, subject to there being no new substantive objections
raised as a result of the consultation expiring on 21st July 2016
GRANT full planning permission subject to conditions, including:
1. Time limit – temporary permission only from 1st August to 11th November 2016
2. Approved plans
3. Art Exhibition / event space within the Class D1 use class only (and no other Class
D1 use)
4. Use to be carried out in accordance with the Events Management Plan
Informatives:
1. Positive and Proactive Statement
2. Terms and conditions of the permission.
3. A separate Listed Building Consent and Advertisement Consent accompanies this
Planning Permission
GRANT listed building consent subject to conditions, including:
1. By 11th November 2016 all alterations to the listed building, shall be reversed and
made-good to match existing, original or adjacent work (as deemed appropriate by
the local planning authority) with regard to the materials, colours, textures and
profiles, unless approved otherwise in writing by the local planning authority.
2. Unless approved otherwise in writing by the local planning authority, any new
internal partition walls shall be constructed of timber studwork and shall be fully
reversible.
3. Unless such work is clearly and specifically referred to on drawings or other
documents hereby approved by the local authority, no features of architectural or
historic interest such as doors, linings, shutters, fixed furniture, panels, and
ceilings may be altered, replaced or removed without the written approval of the
local planning authority.
4. All materials removed from the listed building as part of this consent shall be
stored on site until such time as the materials are re-used for the making-good of
the listed building.
5. By 11th November 2016 the external signage shall be removed and made-good to
match the brickwork of the adjacent wall (as deemed appropriate by the local
planning authority) with regard to the colours and textures, unless approved
otherwise in writing by the local planning authority.
Informatives:
1.
2.
3.
4.
Plans and documents taken into account
Positive and Proactive Statement
Only the works shown on the plans/documents are approved
A separate Planning Permission and Advertisement Consent accompanies this Listed
Building Consent
In terms of the Advertisement Consent application, it is recommended to:
GRANT Advertisement Consent subject to conditions, including:
1. The standard conditions (i – v)
2. Approved plans
3. Advertisements to be removed on or before 11th November 2016
4. Maximum luminance of the externally illuminated signage to be 800cd/m
Informatives:
1. Plans and documents taken into account
2. Positive and Proactive Statement
3. A separate Planning Permission and Listed Building Consent accompanies this
Advertisement Consent
1.
INTRODUCTION
1.1
The application site comprises the relevant elements of Her Majesty’s Prison (HMP)
Reading (hereafter referred to as Reading Prison) site, as shown on the site location
plan below. More specifically, the site includes:
•
•
•
•
•
•
1.2
the access from Forbury Road;
the front car park;
part of the entrance (Gate House) building;
part of the administration block;
part of the service yard (all for access);
all wings (ground, first and second floors) of the main prison building.
The site area of the application site is 0.37ha, with a total floorspace of 7375sqm
(3703sqm at ground floor level and 1836sqm at first and second floor level). The
proposals therefore exclude some elements of the Prison site, most notably the
amenities building in the south-east corner of the site (visible from Forbury Road to
the east of the site), the outdoor games court in the south-west corner, the
gym/workshop to the north of this and a number of other smaller ancillary buildings
across the site. In terms of topography, the site falls from north to south.
1.3
Reading Prison has been vacant since December 2013, with the current structure
dating from 1842-44 and is Grade II listed. As the Outline Development Framework
for Reading Prison SPD (2015) details (in the context of the future long-term use of
the site – which is not part of this application), the site is a very important site
within central Reading and is also a very historically important site. In its entirety,
it is part of the Reading Abbey and Civil War earthworks Scheduled Ancient
Monument. There is a high potential for archaeological remains from the Bronze
Age through to the period of the Vikings in the 9th Century, as well as medieval and
later interest. The site was part of the extensive grounds of the nationally
important Reading Abbey. The site of the Abbey, founded in 1121 encompassed the
whole of the Prison Site. Part of the Abbey Church extended into the north-western
part of the Prison site. It is likely that the Prison site would have contained various
associated buildings as well as areas that might have been used as a cemetery. The
Prison site was also an important area in the defence of Reading during the Civil
War in 1643.
1.4
The Berkshire County Justices built a house of correction (i.e. a gaol) on the site
that opened in 1786. This was subsequently enlarged to become the County Gaol in
1793. The current structure was actually opened in July 1844 (construction began in
1842), replacing the earlier buildings on site (of which foundations may still remain
below the surface). The main prison building is a notable early example of Victorian
prison architecture, designed by George Gilbert Scott and William Bonython Moffat.
The gaol closed in November 1915. Between 1916 and 1919 it was used as an
internment centre to hold Irish prisoners involved in the Easter Rising. It was then
used intermittently by various government departments for storage, as a wartime
Canadian military detention centre during the latter part of WWII and it then
became a borstal in 1951. The site was reopened as a prison in 1969 after extensive
demolition, reconstruction and alterations to the fabric of the main prison building,
as well as the construction of a number of new buildings within the site. From 1992
until its closure it served as a Remand Centre and Young Offenders Institution.
1.5
In terms of the listing, the prison building was first listed Grade II in 1978 and the
list was amended in 2014. The central historic prison cruciform building is listed
and all other buildings on site are excluded from this listing. The building is listed
for the following principal reasons:
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•
•
1.6
Architectural interest: an impressive, fortress-like design that represents an
early work by one of England’s foremost C19 architects;
Planning interest: a pioneering English example of a radial-plan prison built
for the newly-introduced ‘separate system’ of constant surveillance and
solitary confinement;
Historic interest: strongly associated with the imprisonment of Oscar Wilde,
who spent eighteen months of his two-year sentence there and later
immortalised the institution in ‘The Ballad of Reading Gaol’.
The building is built in red brick with Bath stone dressings around the windows,
which have now mostly been renewed in concrete. The roofs were originally of
slate, but have now been replaced with asbestos tiles (not of special interest). The
chapel, later used as a games room, is a double-height space with an arch-braced
queen-strut roof and central skylight and originally contained a multi-tiered timber
gallery structure.
1.7
The interiors been much altered, with original features removed and a variety of
modern fittings and finishes applied; the latter are not of special interest. The
original cells with their jack-arched brick vaults mostly survive, but have in the
majority of cases been doubled up by removing the wall between each pair, while
the Tudor-arched entrance doorways now have flat concrete lintels, and renewed
doors (the doors not being of special interest). The metal gallery structures with
their curved supporting brackets and cross-braced balustrades are original. The
ceiling over the galleries is a pointed brick vault, while the central octagon has a
brick vault with moulded stone ribs and corbels, and lozenge-shaped ceiling lights
cut through the webs of the vault.
1.8
The alterations of c.1970 greatly changed the building’s external appearance: the
original two light cell windows were replaced with single square openings
containing barred double-glazed window units (not of special interest), and most of
the stone-dressed elements were replaced in concrete.
1.9
As well as the rebuilding of the perimeter walls, the works of c.1970 saw the
construction of a number of new buildings including a new gatehouse at the northwest corner of the site; an administration block with visiting and interview rooms,
abutting D wing to the north. These structures, and the rebuilt perimeter wall that
encloses them, are not of special interest and are excluded from the listing.
1.10
The site is within the Abbey Quarter Area and the surrounding area comprises a mix
of uses. Beyond Forbury Road to the north and east of the site is Forbury Retail
Park, which consists of a number of large retail warehouses. To the south of the
application site, beyond Chestnut Walk and the River Kennet is the residential
terrace of Blakes Cottages. To the west of the site are the remaining Reading
Abbey Ruins, Forbury Gardens Day Nursery and St James’s Church, beyond which
are Forbury Gardens.
1.11
This Prison is subject to a number of site designations (as well as the listing),
summarised as follows:
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•
•
•
•
•
1.12
The site is within the Reading Central Area Action Plan East Side Major
Opportunity Area. Policy RC3b relates specifically to Reading Prison, stating
“the prison building itself is of historic significance and is listed, and will be
retained. The building would be used for residential, commercial offices or
a hotel. Developments should enhance the setting of the Abbey ruins”.
Scheduled Ancient Monument
Area of Archaeological Importance
Air Quality Management Area
Office Core
Flood Zone 2
The wider area is also subject to a number of further site designations including:
•
•
•
•
•
Reading Abbey Ruins are Grade I listed
St James’s Church, Presbytery, Forbury Gardens Nursery, Pummery Wall on
Forbury Road are Grade II listed
Reading Abbey Ruins & Chestnut Walk are identified areas of important
public open space (Policy RC14)
The River Kennet is an identified green network
To the west of the Church & Abbey Ruins is the boundary of the Central Core
•
1.13
Forbury Gardens is registered as an Historic Park and Garden of special
historic interest
The application is considered at Planning Applications Committee owing to being a
‘major’ development. The location of the site in relation to the wider area is shown
below, together with a site photograph and two aerial views.
Site Location Plan
Site photograph from the Forbury Road (north) entrance
Aerial view from the Blade looking east towards the application site
Further aerial view looking south
2.
PROPOSALS
2.1
Full planning permission is sought for the temporary change of use of part of the
existing Reading Prison (Class C2a) site for an art exhibition / event space (Class
D1). More specifically in terms of the time period, the following has been
confirmed:
•
•
•
Installation stage: 1st – 31st August 2016
Private viewings: 1st September 2016
Public exhibition / performances: 2nd September – 30th October 2016
•
Decommissioning / de-rig: 31st October – 11th November 2016
2.2
The exhibition is seeking to be open Wednesday – Saturday 11am – 7pm, and Sunday
11am – 5pm. Opening hours may extend to 10pm for occasional special events. The
maximum number of visitors on the site at any one time will be 325 (including
staff), controlled by a ticketing system.
2.3
The applicant, Artangel, is a charitable arts organisation that specialises in
commissioning and producing site specific works in unexpected places throughout
the country. In this instance the proposals are specifically for the Reading 2016:
Year of Culture programme.
2.4
The proposals for the temporary internal and external works are centred on the
original layout of the operational prison particularly at first and second floor levels
where the single cell formation is highly legible. The proposed works include the
temporary removal of some non-original structures, fixtures and fittings from the
main building in order to facilitate the installation of 2D and 3D art works. The
proposals include temporary removal of the items below, which the applicant has
outlined will be stored on site before their return and reconstruction in their
original positions:
•
Library partition within the former Chapel in D Wing;
•
•
A section of non-original floor of 2nd Floor in C Wing;
Vertical mesh around central Octagon at 1st and 2nd floor;
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•
Office on second floor A wing;
A1 wing office and server;
•
Horizontal security mesh (for loading and unloading only);
•
•
Interview rooms 1 and 2, plus adjacent room on ground floor;
‘Centre’ office.
2.5
In addition, the proposals also involve the temporary siting of a number of art
works and other associated works, including:
•
•
•
•
•
•
•
•
Reinstating of staircase at end of C Wing leading from 1st to 2nd floor (currently
covered by non-original infill floor);
Two dimensional artworks on walls;
Re-painting of some cell walls where necessary;
Installation of freestanding vitrines and display cases on ground floor of A Wing and
C Wing;
Installation of freestanding 3D art works in Old Chapel;
Installation of other freestanding 3d art works in locations to be determined
(although a number of cells are specified on the submitted plans);
Installation of sculpture at the western end of C wing (second floor), including
construction of false wall and reinstatement of existing stairwell (for maintenance
only); and,
Temporary signage on the north perimeter wall, with lettering 2m in height and
45m in width, with the lowest element of the lettering being 4m above ground level
at this point. The wording, a quote by Oscar Wilde, is shown to state: WITH
FREEDOM, BOOKS, FLOWERS, AND THE MOON, WHO COULD NOT BE HAPPY? Smaller
externally illuminated signage is also shown adjacent to the entrance door,
specifying details of the project, opening times/dates and prices. The advert would
•
use a reverse cleaning technique using high pressure washes to clean specific areas
of an existing surface using stencils.
Temporary lighting is proposed to serve the smaller signage adjacent to the
entrance door (3 wall mounted lights orientated downwards) and the external
walkway linking the Gate House to the main building. This lighting will be mounted
onto the temporary barrier fence at this point and along the existing wall.
2.6
More specifically, the library partition from the Old Chapel will be dismantled, the
horizontal mesh panels around octagon will be removed for access to install art
works, free standing vitrines and display cabinets will be installed and 2D art works
will be fitted directly to the walls using security screws. All holes created would be
made good ‘like for like’ after the art works have been removed.
2.7
Given the listed nature of the building, as well as planning permission for the
external works, listed building consent is sought for the internal alterations
proposed. Advertisement consent (and listed building consent) is also proposed for
the temporary display of a non-illuminated advertisement and an externally
illuminated information sign to the north (Forbury Road) perimeter wall.
3.
PLANNING HISTORY
3.1
None of relevance
4.
CONSULTATIONS
i)
RBC Historic Buildings Consultant
4.1
The change of use and art exhibition would involve the temporary removal of some
non-original structures from within the prison. Interior alterations will retain the
open volume of the former chapel and remove unsympathetic insertions from the
interior such as glass fronted wardens offices. The removal of the non-original
warden’s offices will help to better reveal the character, appearance and
significance of this listed building. The warden’s offices do not have to be
reconstructed as part of listed building requirements; however there may be
operational requirements for recreating these.
4.2
The temporary fixed and free-standing art installations, free-standing vitrines and
display cases, construction of false walls, re-instatement of the existing stairwell
and removal of small section of temporary infill floor, removal of some furniture in
cells and re-painting of some cell walls in neutral colours where necessary is not
considered to be contentious. The cells subject to the latter work are yet to be
specifically identified, although some indicative cells are shown on the plans
submitted. Temporary lighting and signage will also be installed as required, with
signage on the exterior north facing perimeter walls applied using reverse cleaning
techniques. The walls to the north are not original and were re-built in the 1970s;
these walls are explicitly excluded from the listing in Historic England’s updated
list description (2014).
4.3
The exact number of cells to be altered, including removal of fittings and repainting, has not been confirmed at the time of writing (this is still being decided
by the applicant). As such, the applicant has provided details of where works may
take place, although in practice it is likely that only a small proportion of those
identified will be subject to works. In any event, the two possible cells occupied
by Oscar Wilde, which are considered to have important historical associations
(these are believed to be C.2.3 or C.2.2) are avoided and protected from the
proposed alterations and re-painting works. On this basis these proposed works are
considered appropriate.
4.4
The creation of new partitions within the prison building should seek to minimise
impact on historic fabric and would be fully reversible, as secured via condition.
4.5
The front walls are not included within the listing following the re-survey of the
building and updating of the list description. Nevertheless, it is necessary to
ensure that no trace of the advert is left on the walls after the temporary
permission expires; as such a condition will secure this.
4.6
In overall terms the proposed alterations to the listed building are temporary in
nature and related to an art exhibition. The proposals include details for the
reinstatement of removed elements of the building at the end of the art
exhibition. The principle of reversibility, especially for new partitions and other
works is very important in this respect. There is therefore considered to be no
potential detrimental effect on the listed building from the proposed temporary
works. However conditions are recommended regarding:
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Reversal and making good of alterations to match existing, original or adjacent
work (as deemed appropriate by the local planning authority) with regard to the
materials, colours, textures and profiles
Internal partitions shall be constructed of timber studwork and shall be fully
reversible.
Unless otherwise shown, no features of architectural or historic interest such as
doors, linings, shutters, fixed furniture, panels, and ceilings may be altered,
replaced or removed without the written approval of the local planning authority.
Storage of materials temporarily removed to be stored on site until such time as
the materials are re-used for the making-good of the listed building.
By 11th November 2016 the external signage shall be removed and made-good to
match the brickwork of the adjacent wall
ii)
RBC Transport
4.7
The Transport Development Control section notes the temporary nature of the
permission, the proposed opening hours and the information submitted specifying
there will be a maximum of 325 people on site (including staff) at any one time, as
controlled via a ticketing system.
4.8
With the above in mind, it is first established that the site is centrally located and
is highly accessible by sustainable modes of travel including foot, cycle, train and
bus. There is no on-site parking, with the exception of disabled parking, and all
staff and visitors will be encouraged to use public transport or use town centre car
parks. The main entrance to the site is from Forbury Road, however, it is not
envisaged that the proposal will cause an adverse impact on the local highways
network as there is no general parking proposed on-site.
4.9
All deliveries and collections will be made via the Gatehouse off Forbury Road
(A329). Vehicles will follow an established clockwise one-way system around the
site. All deliveries will load/unload from within the site boundary, either within the
permitted walls of the prison, or in the car park to the north of the site, depending
on the size of the vehicle used.
4.10
External signage will be created on to the northern, relatively modern external
perimeter wall along Forbury Road. It is acknowledged that the proposed signage
will create an obvious roadside feature. However, it is not illuminated and does not
impose moving images. Therefore, transport and highways officers, consider that it
is unlikely that the signage will cause a distraction to highways traffic.
4.11
Consequently, there are no transport objections to the temporary change of use to
Art Exhibition/Event space, subject to a condition specifying that the proposed
development shall comply with the Events Management Plan submitted throughout
the duration of the temporary permission.
ii)
RBC Environmental Health – Environmental Protection
4.12
Environmental Protection officers have reviewed the information submitted and do
not have any concerns about noise from the proposed use affecting the amenity of
nearby residential premises, due to the location of the activities within the
buildings, predominantly in the main building to the centre of the site (away from
the nearest residential properties to the south).
iii)
Berkshire Archaeology
4.13
Given the highly significant designated and undesignated heritage assets on this
site, there is possible concern over the impact of the proposed installation on any
historic fabric or archaeological deposits. However, the information supplied by the
applicant, including the detailed design and access statement, is clear that the
proposed works are reversible, and designed to minimise physical impact (without
any intrusion below ground). Berkshire Archaeology is therefore satisfied that the
proposals will result in no harm to the important archaeological heritage of the
site, do not recommend that any archaeological mitigation is required, and has no
overall objection to the proposed scheme.
iv)
Historic England
4.14
Specialist staff at Historic England have considered the information received and do
not wish to offer any comments on this occasion. Historic England therefore
recommend for the applications to be determined in accordance with national and
local policy guidance, and on the basis of your expert conservation advice.
v)
Public consultation
4.15
Notification letters were sent to nearby occupiers on 20/06/16 and the statutory 21
day period for comments is due to expire on 11/07/16, after the time of writing. 4
site notices were erected around the perimeter of the site on 20/06/16, again
expiring on 11/07/16. Press notices were published on 30/06/16 and are due to
expire on 21/07/16. In all instances the statutory public consultation is scheduled
to finish after the time of writing. If any comments are received prior to the
Planning Applications Committee meeting on 20/07/16, these will be summarised in
an update report. At the time of writing, no responses have been received.
5.
LEGAL AND PLANNING POLICY CONTEXT
5.1
Section 16(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990
requires the local planning authority to have special regard to the desirability of
preserving a listed building or its setting or any features of special interest which it
possesses.
5.2
Section 72 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990
requires the local planning authority in the exercise of its functions to pay special
attention to the desirability of preserving or enhancing the character or appearance
of a conservation area.
5.3
Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that
proposals be determined in accordance with the development plan unless material
considerations indicate otherwise. Material considerations include relevant policies
in the National Planning Policy framework (NPPF) - among them the 'presumption in
favour of sustainable development'.
5.4
Regulation 3 of the Town and Country Planning (Control of Advertisements)
(England) Regulations 2007 requires the Local Planning Authority to exercise its
powers under these regulations in the interests of amenity and public safety taking
into account the provisions of the development plan, so far as they are material;
and any other relevant factors. Regulation 3 states that factors relevant to amenity
include: the general characteristics of the locality, including the presence of any
feature of historic, architectural, cultural, or similar interest. Factors relevant to
public safety include highway safety and whether the advert would hinder security
or surveillance devices, including speed cameras.
5.5
The application has been assessed against the following policies and guidance:
5.6
National
National Planning Policy Framework
National Planning Policy Guidance
5.7
Reading Borough Local Development Framework – Adopted Core Strategy (2008)
(Altered 2015)
CS1
CS2
CS3
CS4
CS5
CS7
CS8
CS20
CS23
CS24
CS25
CS26
CS31
CS33
CS34
CS35
5.8
Reading Centre Area Action Plan (2009)
RC3
RC5
RC7
5.9
Sustainable Construction and Design
Waste Minimisation
Social Inclusion and Diversity
Accessibility and the Intensity of Development
Inclusive Access
Design and the Public Realm
Waterspaces
Implementation of the Reading Transport Strategy
Sustainable Travel and Travel Plans
Car / Cycle Parking
Scale and Location of Retail, Leisure and Culture Development
Hierarchy of Centres
Additional and Existing Community Facilities
Protection and Enhancement of the Historic Environment
Pollution and Water Resources
Flooding
Development in the East Side Major Opportunity Area
Design in the Centre
Leisure, Culture and Tourism in the Centre
Sites and Detailed Policies Document (2012) (Altered 2015)
SD1
DM1
DM2
DM4
DM12
DM19
DM22
5.10
Presumption in Favour of Sustainable Development
Adaptation to Climate Change
Decentralised Energy
Safeguarding Amenity
Access, Traffic and Highway Related Matters
Air Quality
Advertisements
Reading Borough Council Supplementary Planning Documents
Employment, Skills and Training SPD (2013)
Revised Parking Standards and Design SPD (2011)
Sustainable Design and Construction SPD (2011)
Reading Prison Framework Outline Development Framework (2015)
6.
APPRAISAL
6.1
The main issues are considered to be:
i)
ii)
iii)
iv)
v)
Principle of development
Impact on heritage assets & related matters
Amenity
Transport
Other matters
i) Principle of development
6.2
This application is seeking temporary permission and listed building consent for
change of use and associated works from Class C2a (Prison) to Class D1 (Art
Exhibition/Event space) from 1st August 2016 to 11th November 2016. This is
specified by the applicant as being associated with the current Reading 2016: Year
of Culture events. The site is located within the designated East Side Major
Opportunity Area, with policy RC3b specifying that future uses of the prison
building will be residential, commercial offices or a hotel. Although the proposal
does not comply with this policy in terms of the uses specified, given the strictly
temporary and short-term nature of any permission (as secured via condition) this
is not of concern. More specifically, a temporary permission of this nature is not
considered to compromise the future re-use/redevelopment of the site in any way.
Once the time period of any temporary permission lapses the lawful use reverts to
that prior to the temporary permission
6.3
In addition, in terms of policy RC7, although the site is located just outside of the
Reading Central Core, the policy does not preclude such uses outside the Central
Core. In addition, the policy continues by stating that “Leisure, cultural and
tourism uses that would attract a wide range of people into the centre will be
encouraged”. The proposals are considered to fully align with this element of the
policy. Moreover, the proposed use is also considered to accord with the principles
of policies CS25, CS26 and CS31. On the basis of the proposed condition limiting
the proposed use to the temporary period sought, there is not considered to be
any in-principle policy conflict. Furthermore, the principle of the proposed use
associated with the Reading 2016: Year of Culture events is strongly supported by
officers, particularly bearing in mind the current underused nature of the site.
ii) Impact on heritage assets & related matters
6.4
As outlined at section 4i) above, the proposals have been carefully considered by
specialist officers and it is considered that the proposed works are acceptable
from a conservation/listed building perspective. This is subject to a number of
conditions, summarised at paragraph 4.6 and included in full in the
recommendation above. Furthermore, Historic England has also been formally
consulted on the application and do not wish to make any specific comments in
this instance. In addition, Berkshire Archaeology has been formally consulted on
the application and raises no concerns with the works proposed. With the above in
mind it is therefore concluded, within the context of this strictly temporary
permission, that the proposed works would not have any adverse impact on
historic assets and their settings. The proposed works are also considered to
satisfactorily protecting the character and appearance of the immediate and wider
area.
iii) Amenity
6.5
6.6
In terms of the amenity considerations outlined in policy DM4, the proposals are
not considered to result in any significant loss of amenity to any nearby occupiers.
Many of the typical amenity considerations are not applicable owing to change of
use nature of the proposals.
More specifically in terms of noise and disturbance, the applicant has specified
opening hours to be 11am-7pm Wednesdays to Saturdays and 11am-5pm on
Sundays. In addition, there may be occasional use until 10pm for special
performances, readings and events. The maximum number of persons on-site, via a
ticketed system is 325. These factors are acknowledged within the context of the
predominantly non-residential surrounding area (nearest properties are Blakes
Cottages to the south) and the applicant specifying that all activities will take
place inside the building. When all relevant factors are considered, no undue noise
and disturbance is envisaged and it is not on this occasion considered necessary to
impose any specific restrictions on the hours of use.
6.7
The Class D1 use class does however cover a wide variety of uses. Although the
applicant has specified that the proposed use will be for Art Exhibition/Event
space, an unrestricted temporary Class D1 permission could, theoretically at least,
result in the use being other activities, which could potentially have very different
transport / amenity implications to those sought (e.g. places of worship). In such
circumstances it is considered prudent to restrict the temporary permission to
solely the applied for Class D1 Art Exhibition/Event space uses and no others
within this use.
6.8
With regard to the amenity impact of the proposed advertisements, the NPPG
(Paragraph: 079 Reference ID: 18b-079-20140306) provides clarification as to the
exact context amenity should be considered (in short, it includes aural and visual
amenity and factors relevant to amenity include the general characteristics of the
locality, including the presence of any feature of historic, architectural, cultural or
similar interest). Furthermore, at the local level, policies CS7, DM22 and RC5
require that development be compatible with the character and appearance of the
surrounding environment in order to maintain the visual amenities of the area. In
particular, policy DM22 states:
“Advertisements will respect the building or structure on which they are
located and/or their surroundings and setting in terms of size, location,
design, materials, colour, noise, lettering, amount and type of text,
illumination and luminance, and will not have a detrimental effect on
public safety. The cumulative impact of adverts will be taken into account,
and a proliferation of advertisements that detrimentally affects visual or
aural amenity or public safety will not be acceptable”.
6.9
With the above in mind, it is first noted that the advertisements are somewhat
unusual in nature, applied to part of a perimeter wall enclosing a prison. It is also
acknowledged that the non-illuminated signage would in itself be of a considerable
size (2m high letters, covering a width of 45m) and be set 4m above ground level.
However, when set within the context of the entire wall, the size is not considered
to be detrimental or out of scale, particularly when also considered within the
context of the temporary period sought. Furthermore, the applicant has clearly
explained the technique required to facilitate the signage (‘clean advertising’ or
‘reverse cleaning’ technique involving using high pressure washes to clean specific
areas of an existing surface using stencils in order to leave subtle, temporary and
environmentally friendly signage), whereby the overall result is therefore not
anticipated to be harmful to visual amenity.
6.10
In addition, the applicant has also outlined that the signage will be removed at the
end of the event period by cleaning the entire section(s) of wall on which the
technique has been applied. This is welcomed and, moreover, it is considered that
a condition is added to the permission to ensure this is implemented, for both
amenity and design/heritage reasons.
iv) Transport
6.11
As per section 4ii) above, Transport officers have assessed the information
submitted and are satisfied that the proposals are acceptable in all transport
related regards. This is however subject to a condition for the development to be
carried out in accordance with the Events Management Plan submitted.
6.12
Transport based comments include confirmation that it is considered unlikely that
the signage will cause a distraction to highways traffic. More specifically in this
regard, NPPG (in particular in this instance Paragraph: 068 Reference ID: 18b-06820140306 & Paragraph: 078 Reference ID: 18b-078-20140306) provides guidance as
to the considerations affecting public safety. These are detailed below (in italics),
together with officer responses in relation to the proposal (in bold):
6.13
The main types of advertisement which may cause danger to road users are:
(a) those which obstruct or impair sight-lines at corners, bends or at a junction,
or at any point of access to a highway; No
(b) those which, because of their size or siting, would obstruct or confuse a
road-user’s view, or reduce the clarity or effectiveness of a traffic sign or signal,
or would be likely to distract road-users because of their unusual nature;
Although it is acknowledged that the advertisements could be considered
‘unusual’, the temporary nature of the proposal, the distance of the wall back
from the highway and the reverse cleaning technique used for the signage all
result in an overall conclusion that the proposal accords with the guidance
(c) those which effectively leave insufficient clearance above any part of a
highway, or insufficient lateral clearance for vehicles on the carriageway (due
allowance being made for the camber of the road-surface); No
(d) those externally or internally illuminated signs (incorporating either flashing
or static lights) including those utilising light emitting diode technology: No
i.
where the means of illumination is directly visible from any part of the
road; No, the externally illuminated element faces down away from Forbury
Road
ii.
which, because of their colour, could be mistaken for, or confused with,
traffic lights or any other authorised signals; No
iii. which, because of their size or brightness, could result in glare and dazzle,
or distract road-users, particularly in misty or wet weather; No, given the
reverse cleaning technique proposed for the signage. Furthermore the
externally illuminated signage level will be in line with DM22 principles.
iv. which are subject to frequent changes of the display; No
(e) those which incorporate moving or apparently moving elements in their
display, or successive individual advertisements which do not display the whole
message; No
(f) those requiring close study (such as Public Information Panels), which are
situated so that people looking at them would be insufficiently protected from
passing vehicles; or those advertisements sited on narrow footpaths where they
may interfere with safe passage by causing pedestrians to step into the road; No,
the signage is set well back from the road
(g) those which resemble traffic signs, as defined in section 64 of the Road
Traffic Regulation Act 1984, and may therefore be subject to removal by the
traffic authority under section 69 of that Act, for example:
i.
those embodying red circles, crosses or triangles, or any traffic sign symbol;
or those in combinations of colours which might otherwise be mistaken for traffic
signs; No or
ii.
those incorporating large arrows or chevrons with only the arrow or chevron
made of retroflective material or illuminated, causing confusion with similar
signs in use at, or approaching roundabouts. No
(h) those which embody directional or other traffic elements and which need
special scrutiny because of possible resemblance to, or confusion with, traffic
signs, for example, advertisements which:
i.
contain a large arrow or chevron (or have a pointed end and have only a few
words of message); No
ii.
invite drivers to turn right on a main road, or where there is fast moving
traffic; No
iii.
invite drivers to turn, but are sited so close to the turning that there is not
enough time to signal and turn safely; No or
iv.
are so close to similar advertisements, or official traffic signs, that roadusers might be confused in the vicinity of a road junction or other traffic hazard.
No
The prevention of crime is a public safety consideration and local planning
authorities should consider whether granting express consent could block the view
of CCTV cameras, or whether illumination from an advertisement would cause
glare on such cameras. No
6.14
In light of the above it is reaffirmed that the proposals are satisfactory on public
safety grounds.
v) Other matters
Sustainability & Energy; Air Quality; Flooding; SuDS; Employment, Skills & Training
6.15
Owing to the proposed development being classified as a major development,
strictly speaking the above matters are all applicable to the scheme. However, in
this instance, owing to the nature of these specific proposals at this specific site,
in particular the change of use form and temporary period sought, it is not
considered appropriate or proportionate to insist on such specific information
being submitted in this instance. With the above in mind, no harmful impacts are
envisaged in any of these respects. With specific reference to the Employment,
Skills and Training element, which is usually secured via s106, it is not considered
practical for this to be secured on this occasion.
Community Infrastructure Levy (CIL)
6.16
The proposed development will not be liable for CIL.
Equality
6.17
In determining this application the Council is required to have regard to its
obligations under the Equality Act 2010. The key equalities protected
characteristics include age, disability, gender, gender reassignment, marriage and
civil partnership, pregnancy and maternity, race, religion or belief, sexual
orientation. It is considered that there is no indication or evidence that the
protected groups have or will have different needs, experiences, issues and
priorities in relation to this particular application.
7.
CONCLUSION
7.1
The proposals, strictly for a limited time period only, are considered to be
acceptable within the context of national and local planning policies, as detailed in
the appraisal above. As such, full planning permission is recommended for approval,
subject to the recommended conditions. In addition, listed building consent is also
recommended to be granted subject to the recommended conditions.
Drawings and other information submitted
161079/FUL
Drawings:
Site Location Plan, as received 07/06/16
BPLAN/111 Amendment 10 - Block Plan, as received 17/06/16
060/D/003 Rev R – Cell Blocks A, B & C Ground Floor, as received 07/06/16
60/D/3 Rev J – Cell Blocks A, B & C First Floor Plan, as received 07/06/16
060/D/005 Rev L – Cell Blocks A, B & C Second Floor, as received 07/06/16
Other information submitted:
Planning Statement / Design and Access Statement / Heritage Statement by JLL, undated,
as received 07/06/16
Event Management Plan by Artangel, version 4 dated 07/06/16, as received 07/06/16
161080/LBC
Drawings:
Site Location Plan, as received 07/06/16
BPLAN/111 Amendment 10 - Block Plan, as received 17/06/16
060/D/003 Rev R – Cell Blocks A, B & C Ground Floor, as received 07/06/16
60/D/3 Rev J – Cell Blocks A, B & C First Floor Plan, as received 07/06/16
060/D/005 Rev L – Cell Blocks A, B & C Second Floor, as received 07/06/16
Exterior Signage 1. Elevation & 2. Photo Montage, as received 15/06/16
AA_EntranceLighting - Photograph of signage and lighting details, as received 17/06/16
Other information submitted:
Planning Statement / Design and Access Statement / Heritage Statement by JLL, undated,
as received 07/06/16
Event Management Plan by Artangel, version 4 dated 07/06/16, as received 07/06/16
Email from JLL specifying exterior lighting details, dated & received 17/06/16
161211/ADV
Drawings:
Site Location Plan, as received 29/06/16
BPLAN/111 Amendment 10 - Block Plan, as received 29/06/16
Exterior Signage 1. Elevation & 2. Photo Montage, as received 29/06/16
AA_EntranceLighting - Photograph of signage and lighting details, as received 29/06/16
Other information submitted:
Supporting letter, including Historic Building Impact Assessment from JLL, dated &
received 29/06/16
Case Officer: Jonathan Markwell
Proposed Block Plan
Proposed signage along Forbury Road (north site boundary) wall
Left: The proposal involves the removal of the library partition in the formal chapel
Right: Inside a typical cell
View from second floor level
The removal of the vertical metal mesh around the central octagon is proposed
View from the Forbury Road roundabout