land at cowgate planning report

.EDINBVRGH.,temno 2.0 Report no

THE CITY OF EDINBURGH COUNCIL

Planning Permission 11/02998/FUL at Land At Cowgate Edinburgh

Development Management Sub-Committee of the Planning Committee

1 Purpose of report

To consider application 11/02998/FUL, submitted by SoCo (Edinburgh) Ltd. The application is for: Mixed use development including alterations to 1-3 Chambers Street comprising hotel, bar, restaurant, cafe, retail, commercial and nightclub uses and reconstruction of existing single storey annex to 207 Cowgate.

It is recommended that this application be GRANTED.

2 The Site and the Proposal

Site description

The site area is approximately 0.16 ha and relates both to the low level Cowgate and the upper level South Bridge. It is bounded by the Cowgate to the north and South Bridge to the east. The southern boundary is the rear of Adam House (B listed LB Ref 27990) and 1-3 Chambers Street (C Listed LB Ref 29796). The western boundary of the site is formed by 207 Cowgate (Sin nightclub, formerly Wilkie House).

There is no vehicular access into the site, but Hastie's close is the public pedestrian route from Guthrie Street to the Cowgate, which is adjacent to the western boundary of the site.

Following the fire and subsequent necessary demolition works, no whole buildings remain on the fire site itself; a number of walls and building fragments have been retained.

Prior to the fire, there was a mix of uses on the site including university, retail, public houses, amusement centre, night-club, gallery, offices, studios and a theatre, which was a key Edinburgh Fringe Festival venue.

The site is located within the Edinburgh World Heritage Site.

This property is located within the Old Town Conservation Area.

Site History

The development opportunity on the Cowgate/South Bridge arose out of the fire that began on 7 December 2002. Due to the intensity of the fire, the majority of the buildings either collapsed or were demolished due to their structural instability. On 2 October 2003 the Planning Committee approved a Planning Brief for the site.

7 July 2009 - Planning Permission granted for the erection of a new hotel (Class 7) with cafe, bar and restaurant and business centre facilities on vacant part of site, with hotel extending over upper and lower levels of existing 1-3 Chambers Street building, 'La Belle Angele' nightclub (Class 11) to be reinstated, existing single storey annex building (Class 11) at 207 Cowgate to be demolished and reconstructed (application reference number 08/03425/FUL).

25 February 2009 - Conservation Area Consent granted for the demolition of existing single storey annex building to Faith nightclub at 207 Cowgate (application reference number 08/3425/CON).

24 February 2009 - Listed Building Consent granted for the removal of mansard, top of gable wall and existing slate roof on 1-3 Chambers Street building, demolition of existing stair core and lower rear portion of building at 1-3 Chambers Street, demolition of existing partially demolished arcade along Cowgate at 235-237 Cowgate, internal and external works to existing Adam House building where demolition of the lower rear portion of building at 1-3 Chambers Street would expose internal walls (application reference number 08/03425/LBC).

September 2011 - Listed Building Consent sought for the relocation of existing windows at roof level and roof repairs. Internal alterations at 1-3 Chambers Street including removal of internal walls, the removal of an additional stair and an area of floor slab (application ref. no. 11/02998/LBC).

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Pre-Application Process

Following preliminary discussions, a Proposal of Application Notice (PAN) was submitted on 20 June 2011. The following consultation strategy was carried out:

Copies of the PAN were sent to the City Centre Neighbourhood Partnership, City Centre Ward Councillors, Edinburgh World Heritage Trust, Old Town Community Council and the Cockburn Association.

Publication of a newspaper advert in the Evening News, at least 7 days prior to the exhibition dates - Evening News 3 August 2011.

Posters in local libraries and other public buildings in advance of the exhibition.

An attended public exhibition on 11 and 13 August at Playfair Main Hall, Surgeon's Hall, Nicolson Street.

Meetings with the Old Town Community Council, the Cockburn Association and Edinburgh World Heritage Trust.

Regular fortnightly design review meetings were held between planning officials and the applicants and their agents, and a series of consultation meetings with the Cockburn Association, the Old Town Community Council, Historic Scotland, Edinburgh World Heritage Trust and the City Centre Neighbourhood Partnership, were held.

The outcome of the consultation exercise is documented in the submitted PreApplication Consultation Report and is available to view on the Planning and Building Standards Portal. The applicants have commented on the issues raised from the community engagement process and have concluded that there is generally support for the principles of the development.

A pre-application report on the proposed development was presented to the Development Management Sub Committee on 3 August 2011.

The proposals were also presented to the Edinburgh Urban Design Panel as part of the pre-application process. The full report from the Urban Design Panel is included in Appendix A. There was general support for the principle of development of this site based on the proposed uses and the direction the design was taking.

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Description Of The Proposal

The proposal is for the erection of a number of buildings on the Cowgate Fire Site. The proposal will have frontage onto both South Bridge and the Cowgate.

South Bridge/ Chambers Street

The proposal to South Bridge will incorporate the hotel reception area and two retail units at ground floor, with hotel rooms on the upper levels. The hotel will have a total of 259 bedrooms. From South Bridge, access will be provided through to the centre of the site to a series of courtyards and a set of new steps which will link down to Cowgate.

The proposal also includes the refurbishment of the upper floors of the listed Paterson Building at 1 - 3 Chambers Street. This will incorporate additional hotel bedrooms.

Cowgate

The proposal to Cowgate will incorporate three commercial units at ground and first floor levels. Access will be provided to a reconstructed La Belle Angele nightclub via Hasties Close at first floor level. Above this level there will be hotel accommodation including staff offices, kitchen, bar and restaurant, a public area and business centre. Hotel bedrooms are to the upper levels.

Pedestrian routes through the site will be provided with a new link between Chambers Street through to the Cowgate and a route in to the centre of the site from South Bridge. Public courtyard areas will be provided at punctuation points through the centre of the site. The existing Hasties Close will be maintained to provide access between Cowgate and Guthrie Street.

The development will be finished in a variety of high quality materials including natural stone to the more public elevations, granite, limestone, natural timber, zinc cladding and render.

The applicants have submitted the following information in support of the application.

* Design and Access Statement

* Planning Statement

* Pre-application Consultation Report

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* Heritage Report

* Stonework Report and Window Survey

* Archaeology Report

* Sustainability Statement

* Structural Appraisal

* Transport Statement

* Delivery and Service Plan

* Framework Travel Plan

These documents are available to view on the Planning and Building Standards Portal.

3. Officer's Assessment and Recommendation

Determining Issues

Do the proposals harm the character or appearance of the conservation area? If they do, there is a strong presumption against granting of permission.

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

ASSESSMENT

To address these determining issues, the Committee needs to consider whether:

a) the proposed mixed use development is acceptable in this location;

b) the proposals have any detrimental impact on the Outstanding Universal Value of the World Heritage Site;

c) the scale and design of the proposals are appropriate to the context and preserve or enhance the setting of the adjacent listed buildings and character and appearance of the conservation area;

d) there will be any adverse impact on neighbouring residential amenity;

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e) there will be any road safety, traffic or pedestrian safety implications; and

f) the proposals comply with the objectives of the Edinburgh Standards for Sustainable Buildings.

a) The site lies within the Central Area as identified within the Edinburgh City Local Plan where policies support development which will promote a diversity of uses that contribute to the city's unique character and role as a capital city.

Policy RET2 of the Local Plan encourages further retail development which will enhance and revitalise the defined Town Centres. The proposed retail units front onto South Bridge which is within City Centre Retail Core (also a defined town centre).

The Development Brief also advocates the inclusion of retailing provision particularly at the South Bridge frontage. The Brief indicates that, where possible additional shopping opportunities should be encouraged where it will enliven the scheme. The site is recognised as being compact and difficult to provide a mix of uses on. A key retail element has been provided on South Bridge and this is considered an appropriate response in terms of the development brief.

The Edinburgh City Local Plan Policy EMP 5 supports the development of hotels within this area where they contribute to a mixed development scheme. Although a hotel use is not mentioned as a specific use within the development brief, the inclusion of a hotel and restaurant facility will generate activity along a main section of the South Bridge frontage. The Old Town has a key role in supporting tourism within the city. The location of a hotel here, in conjunction with the active ground floor commercial and retail uses will make a positive contribution to the vitality and viability of this part of the city centre. There is a number of existing property rights associated with the site and this has an influence on the uses proposed. The previous Belle Angele Nightclub is reintroduced to the centre of the site at lower levels. The need to reinstate displaced uses was recognised in the development brief.

Other uses proposed within the site are commercial units. These uses are positioned on the Cowgate elevation and will add to the diversity of uses on the site. These uses are in accordance with the principles of the development brief.

The development brief indicates that housing "may also be acceptable" but the mix of uses with rights on the site has a direct impact on the feasibility of residential use. The required re-instatement of the night club use on the site has an impact on the quality of residential amenity that could be reasonably created.

The proposed development complies with the principles of the Development Brief to secure a mix of compatible uses and is acceptable in this location subject to compliance with other local plan policies.

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b) The Outstanding Universal Value (OUV) of the World Heritage Site is expressed in the Statement of Significance adopted by the World Heritage Committee of UNESCO. Within the context of this site the distinct character of the Old Town requires to be considered in the redevelopment of this site. The proposals respect this character with the introduction of new public routes through the site. The new frontages to South Bridge respect the character of the adjacent buildings whilst introducing a contemporary architectural response to the external design. This modern interpretation is also true for the South Bridge gable that is required by the brief for the site to be retained as a predominant feature with a modern interpretation. The Edinburgh Urban Design Panel supported an architectural re-interpretation of this gable to ensure it was more overtly of our time.

EWH commented on detailed aspects of proposal but raised no issues concerning OUV.

The proposed development will not have any adverse impact on the Outstanding Universal Value of the World Heritage Site.

c) The Development Brief set out a number of guiding principles for the redevelopment of the Cowgate Fire Site. Each of the key elevations of the development will be considered individually. Any redevelopment of the site also has to respect the character and appearance of the Old Town Conservation Area and the setting of adjacent listed buildings.

Old Town Conservation Area Character Appraisal

It is an environment of enclosed streets and dramatic changes of level with numerous framed distant views. The skilful use of land contours, the careful siting and design of individual buildings and groups of buildings, and the use of local stone, combine to create an intricate and varied spatial structure. The compactness and fine grained pattern also allows many forms of activity to function in close proximity. The positioning of South Bridge over the Cowgate is recognised as a framed view. Higher buildings are also found where developments have risen from the Cowgate floor right through to streets above, such as along South Bridge and George IV Bridge. A more usual relationship with the street is between 3 to 5 storeys, which respect changes in level. This creates stepped and angled roofscapes which are often further articulated by a range of architectural devices (narrow dormers, crow step gables, pediments, towers, spires, skews, chimney heads).

South Bridge/ Chambers Street

The brief states that a landmark building is considered inappropriate, as is a pastiche approach. It advocates a more contextual approach including a requirement to reinstate the original building line and reinstate the gable. Traditional floor to floor heights are to be constructed and existing first floor fascia and eaves lines respected.

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The original Kays scheme (Circa 1785) on this site had been substantially altered over the years. Significant alterations were carried out during the early 1930s to accommodate the J and R Allan department store. The proposals reinstate the building line and heights of the adapted Kays building on South Bridge which was demolished following the fire. The requirements of the brief and the architect's contextual analysis have resulted in a proposal for South Bridge that, in scale and form, relates comfortably with the adjoining listed Paterson Building/Chambers Street corner block. The element of the proposed scheme that adjoins the Paterson Building/Chambers Street corner block extends, in stone, to a fifth storey, and signals the hotels' entrance and the access from South Bridge to the rear courtyards and onwards to the lower levels of the development and through the site down to the Cowgate. This element also serves to recreate the centrepiece of the South Bridge block as a whole. The remainder of the upper floor is set back reducing the massing to the street and responding to the roof form of the adjacent buildings.

The elevation design takes reference from the symmetry and rhythm of the South Bridge Georgian facades and is in keeping with the window to wall ratios of the surrounding buildings. Original plot widths are reflected in the elevation detail. This design approach coupled with the use of natural stone creates an elevational design which will sit comfortably with the existing character of the street while reinforcing a sense of place. The proposed retail units and hotel entrance sit within a continuous black granite shopfront which provides a historical reference to the former department store while being contemporary in its detail. This also helps unify the blocks.

The refurbishment works to the listed Paterson Building are predominantly internal with the majority of works already having been consented under the previous scheme. The current proposals are fully assessed in a concurrent listed building application and are considered to be acceptable and will not impact on the character of this listed building.

South Bridge Gable

The South Bridge gable is not a reinstatement of the original dominant gable but has been designed to reflect the character of the three remaining gables. Its height, profile and width are closely based on the gable opposite. The top floor of the hotel rises above the gable but is sufficiently set back to be hidden when viewed from South Bridge allowing the gable to read as the predominant feature and recreating the set piece of the four gables at the Cowgate/ South Bridge junction.

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Windows above the South Bridge level take their proportions from the traditional windows on the street and are regularly positioned over the height and width of this part of the gable. The use of both glazing and 'dummy' glazed panels allow for the hotel functions behind while retaining the windows in an ordered fashion. At the lower level the windows are designed differently reflecting the fenestration to the adjoining bridge link and the commercial frontages on Cowgate. The end result is a contemporary gable that succeeds in forming an appropriate corner treatment and transition between the two very different characteristics of the site, while respecting the three existing gables.

There have been a number of objections regarding the gable notably from EWH and the Cockburn Association. Historic Scotland has made no definitive comment on it and the EDUP has supported a more modernist approach. The brief for the site, approved by Committee in October 2003, did not support 'pastiche' architecture.

There are a number of intellectual debates that could be had about what the correct approach should be. Generally conservation philosophies take their cue from conservation charters such as the Venice and Burra Charters which bodies such as EWH support. The Venice Charter states;

"The valid contributions of all periods to the building of a monument must be respected, since unity of style is not the aim of a restoration." And

"Replacements of missing parts must integrate harmoniously with the whole, but at the same time must be distinguishable from the original so that restoration does not falsify the artistic or historic evidence."

It is on this basis that the Planning Brief supports the re-instatement of the gable but not a replica of the original Kay's fagade. Not only would the authenticity of such an approach be questionable but it would not sit comfortably with the modern architecture to which it is attached. The more simplified gable as detailed in the application integrates harmoniously with the building and surrounding area whilst being of its time.

There is an argument that the 4th gable finishes off this part of South Bridge. The other three gables have the original detailing. However, it is difficult to appreciate the four gables together as there are limited viewpoints and so the context is not necessarily a visual one but one more of cultural and historical significance. On balance, the more modernist approach is true to evolution of this site whilst still respecting the historical and architectural context.

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Cowgate

The elevation to Cowgate comprises three facades with a strong vertical emphasis which echo and in turn respect, the narrow, medieval feu pattern of this part of the city. The scale and proportions of the random fenestration and the solid to void ratio is also appropriate in terms of respecting the medieval character of the street.

The main elevations to the Cowgate are faceted/splayed to address the different alignment of South Bridge. These facades are separated from the South Bridge gable by a glazed link bridge. Coupled with the random window openings and step back from this gable, this ensures that the Cowgate elevation does not compete with the South Bridge gable.

The development brief states that new building within this area should respect the roofscape of Chambers Street and create the impression of the building stepping down towards the Cowgate. The height of this element of the development is no higher than the proposed buildings on South Bridge. However, the proposals are higher than the previous buildings on this part of the site. When viewed from Blair Street the proposal will obscure more of the roofscape of Chambers Street. Although the built form does not display an obvious stepping down, the roofscape is made up a sequence of building planes extending back to Chambers Street.

The impact the proposed development will have on the setting of the Category A listed Old College Building and its dome is an important consideration. Prior to the fire on the site this was partially obscured by the brick gable of the former department store on South Bridge. The current proposals do not obscure the dome and the glazed link provides visual permeability to ensure the site's topography and the layered form of development is not lost.

Another element to the Cowgate elevation is a two storey annex to the existing nightclub within the adjoining former church. This introduces another 'plane' following the building line of the church building and forms a new entrance into the existing Hasties Close. The architectural treatment is simple and the stepping down in height allows for a comfortable transition between the differing scales on the Cowgate elevation.

Some of the representations suggest the arcaded front to the Cowgate should be re-instated. However, the creation of this feature would not only be at odds with the design concept but would re-introduce a pedestrian environment which is less than satisfactory in terms of safety and spaciousness. A similar arcade at the Sheriff Court has created a dark and unattractive pedestrian route.

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Public Spaces

One of the objectives of the brief is to improve pedestrian movement through the site. The formation of new pedestrian routes through the site is characteristic of the Old Town Conservation Area. The routes through and associated public spaces will provide activity both within the site and on its periphery. The architects undertook a study of Edinburgh Closes and public spaces within the Old Town to gain a better understanding of these. In doing so they have endeavoured to create routes through the site and spaces which are in keeping with the character of the Old Town.

The opportunity has been taken to create an interesting visual termination to Blair Street, as required by the brief. The building line has been set back on Cowgate and an area of sheltered public open space has been created leading to public steps up into the site. This space allows glimpses up through the site and into the courtyard areas and activity beyond, in turn drawing pedestrians up into the site. There is sufficient space within these internal courtyards to accommodate tables and chairs dependant on the end users.

A palette of high quality materials, including Caithness stone paving slabs, is proposed and there are opportunities for the introduction of public art. An area of wall at the top of the first set of steps has been identified for this.

Crucial to achieving improved pedestrian movement is the need to ensure these routes are welcoming, safe and secure. These routes will be open and accessible throughout the day, however, it is proposed to install gates to close off the routes through the site during the night. Gates will be installed at all accesses, on Chambers Street, South Bridge and Cowgate. A lighting scheme is to be implemented to ensure these spaces are well lit. Concern was raised by Lothian and Borders Police regarding the new area of public space on Cowgate given the proposal to install the gates on the first half landing of the new steps. These have been sited here to allow for the hotel and retail units to be serviced at all times. This space, however, will be very well lit and will have CCTV to discourage loitering and antisocial behaviour.

In conclusion the proposed development respects the principles set out in the development brief, taking cognisance of the site's historical context and urban grain while increasing pedestrian permeability through the two public frontages and existing closes.

The building styles are contemporary reinterpretations of the Old Town architecture. These form appropriate elevational treatments, which positively respond to the composition of these frontages of very differing characters. The development will respect both the topography of the site and the varying levels of development traditional to this area. The proposed palette of materials, including natural sandstone, is also in keeping with the character of this part of the conservation area. The proposed public routes through the site and public spaces are of a scale and form that are in keeping with the

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established character of the Old Town's areas of public realm, incorporating materials, lighting and artwork which contribute to creating safe and secure public spaces.

d) The site is located within the Central Area where a range of appropriate uses is permitted subject to no loss of residential amenity. The main noise generating use would be the nightclub. This is located towards the centre of the site and at a lower level. This is a reinstatement of a use previously on the site. There is also an existing nightclub (Sin Nightclub) adjacent to the site which is within the control of the applicants. They have confirmed that mitigation measures will be put in place to ensure noise levels are kept at an acceptable level. The nearest residential properties are located sufficiently away from this use and as such their residential amenity will be retained.

The hotel use does not contain a function suite but there will be a restaurant. This will be accessed from the main hotel entrance on South Bridge. However, there is access to the internal courtyard and terraces from the restaurant. Although commercial uses are unspecified at present, there is the potential for these to accommodate uses such as restaurants, cafes, public bar, etc. The application proposes external seating areas within these internal courtyards and access routes for both the hotel and these commercial uses. It is intended that these routes through the site and external areas will be closed during the hours of 10pm until 7am to address any problems of security and noise associated with the night time economy of this part of the city. As a consequence neighbouring residential amenity will be protected.

Environmental Assessment has considered the application and it has no objections subject to suggested conditions in relation to ventilation, restricting the use of the external seating areas until 9pm, the protection of the hotel bedrooms from the night club within the site and limiting delivery/servicing of the commercial uses.

It is considered that external seating areas should be available until 1 Opm to coincide with the closing off of the routes through and external spaces.

Although, it is accepted a certain level of amenity is expected for hotel rooms, these cannot be afforded the same level of amenity as a residential flat. Hotel users do not usually expect it given the transient nature of hotel room occupancy.

It is considered that, given surrounding commercial uses in this busy city centre location have no such restrictions, it would be unreasonable to impose these on the proposed commercial premises. It should be noted there is no restriction on the servicing of the hotel.

e )The applicants have submitted a Transport Statement and Delivery and Servicing Plan in support of the application. It is proposed that a delivery layby on Cowgate will be provided to service the development. This will take the form of a managed, shared pavement surface in addition to the widened area of pavement along the Cowgate frontage. This will allow for essential

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servicing to take place without interrupting the general use of the public realm and in turn for pedestrians to use the additional space when not in use by service vehicles. Additional servicing can also be from an existing lay-by on South Bridge.

Transport Planning is satisfied that the development can be appropriately serviced from Cowgate. It has raised no objections subject to standard conditions. A legal agreement is also sought for financial contributions and a Travel Plan.

Cycle parking will be required to service both staff and visitors to the site via the accesses off South Bridge and Chambers Street. Details of this provision can be covered by condition.

The proposed development is located within a central site. The opportunities to access the development by public transport are good. The proposed development will positively contribute to improving the pedestrian environment and will not introduce any unacceptable road safety or transport implications.

f) The Edinburgh Standards for Sustainable Buildings (ESSB) sets out the Council's objectives in relation to reducing C02 emissions from development.

The applicant has submitted a sustainability statement in support of the application.

Essential Criteria Available Achieved Energy Needs 20 20 Water 10 10 Conservation Surface Water 10 10 Run Off Recycling 10 10 Materials 30 30 Total Poi nts 80 80

Desirable Elements

In addition the applicants have provided a commitment to further sustainability measures as set out in the desirable elements, including consideration given to LZC technologies to go beyond minimum standards as detailed, achieving BREEAM 'very good', promotion of passive design, the preparation of a travel plan and all timber shall be locally sourced.

The proposal complies with the requirements of Part A of the Edinburgh Standards for Sustainable Buildings.

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Conclusion

The proposed development is in accordance with the principles set out in the Development Brief. There is a good mix of uses incorporated into the site which provide an appropriate relationship to the existing services on South Bridge.

The design has respected the main points from the design brief with a contextual and high quality design solution. The proposals have drawn on the key elements of the traditional street patterns, floor to floor relationships and traditional materials. The proposed design is seen as an appropriate response to a complicated site of varying characteristics. There will be no adverse impact on the character or appearance of the conservation area or the setting of adjacent listed buildings or the Outstanding Universal Value (OUV) of Edinburgh World Heritage Site.

There will be no adverse impact on amenity of adjacent occupiers. Subject to conditions there are no road safety issues and the site complies with the Edinburgh Standards for Sustainable Buildings.

There are no material considerations which outweigh this conclusion.

It is recommended that the Committee approves this application subject to the conclusion of a legal agreement requiring appropriate contributions to public transport provision and conditions relating to materials, archaeology, deliveries, noise and ventilation.

REASON FOR DECISION

The proposals comply with the development plan and non-statutory guidance including the approved Development Brief, securing a high quality of design and external finish and a mix of compatible uses. The proposals will preserve the character and appearance of the conservation area and the setting of the listed buildings and will not impact on residential amenity or road safety. There are no material considerations which outweigh this conclusion.

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Contact/tel , Emma Wilson on 0131 5293634

John Bury Head of Planning

: Ward affecte-cr---; A 1 r-=City Centre I

• Local Plan I-·-----------~----------------- -.---- -- - --.---

i Edinburgh City Local Plan ' I I -

i Statutory i Central Area + Town Centre ! Development Plan I Provision I-----I-------~ i Date registered 114 September 2011

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i Drawing numbersl I 21A - 44A, 48A, 52 - 56 I Scheme I Scheme 1

Advice to Committee Members and Ward Councillors

The full details of the application are available for viewing on the Planning and Building Control Portal: www.edinburgh.gov.uk/planning.

If you require further information about this application you should contact the following Principal Planner, Elaine Robertson on 0131 5293612. Email: [email protected].

If this application is not identified on the agenda for presentation and you wish to request one at the Committee meeting, you must contact Committee Services by 9.00a.m. on the Tuesday preceding the meeting. Contact details can be found in the Committee agenda papers.

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Appendix A

·EDINBVR.GH· THE CITY OF EDINBURGH COUNCIL

CITY DEVELOPMENT

Application Type Planning Permission Application Address: Land At

Cowgate Edinburgh

Proposal: Mixed use development including alterations to 1-3 Chambers Street comprising hotel, bar, restaurant, cafe, retail, commercial and nightclub uses and reconstruction of existing single storey annex to 207 Cowgate.

Reference No: 11/02998/FUL

Consultations, Representations and Planning Policy

Consultations

Edinburgh Urban Design Panel

1 Introduction

1.1 This report relates to the South Bridge / Gowgate Fire Site also known as SO GO.

1.2 The brief for the project envisages a mix of uses including: hotel; nightclub; retail and coffee shops.

1.3 This is the first time that the proposals have been reviewed.

1.4 No declarations of interest were made by any panel members in relation to this scheme.

1.5 This report should be read in conjunction with the pre meeting papers which provide an overview, context, concept, plans, sections and 3D visualisations of the scheme.

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1.6 This report is the view of the Panel and is not attributable to anyone individual. The report does not prejudice any of the organisations who are represented at the panel forming a differing view about the proposals at a later stage.

2 The Panel's views on the principle of development

2.1 The Panel is supportive of the principle of development of this site based on the uses proposed and the direction that the design is taking. This is an exciting scheme and its development could have significant benefits for its location in the city centre.

3 The Panel's views on layout and site organisation and security

3.1 There is a significant tension between the aim of achieving pedestrian permeability through the site and the need for community safety to be achieved.

3.2 While there is an undoubted rationale for the north / south routes through the site which can clearly be seen to derive from the historic pattern of development in the Old Town, the rationale for the pedestrian route connecting into South Bridge is, perhaps, less strong.

3.3 For it to be successful it is essential that its design creates a very attractive pedestrian environment. Its width, detailing, lighting and security will be key factors in determining its quality. Likewise active uses such as the proposed coffee shop will be of benefit. With regard to this, doors into this unit off the route should be considered.

3.4 While it is vitally important to ensure a high quality of design for the pedestrian link to the South Bridge, design considerations for it also apply to the pedestrian routes through the site more generally. These designs will have to strongly mitigate the potential for antisocial behaviour - especially that resulting from the night time economy of the area.

3.5 The pedestrian environment of the Cowgate is currently poor with motor vehicles being a dominant feature. The design should therefore aim to create improvements to the pedestrian experience. This is important not just for the users of the proposed buildings but for people living in the surrounding area.

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3.6 Some existing buildings on the Cowgate - such as the Sheriff Court, have a negative impact upon the street. This largely results from their arcaded and inactive fagades. Care therefore needs to be taken not to repeat this and in respect of this, the design of the service access may benefit from further refinement, including consideration of its impact on pedestrian circulation.

4 Massing

4.1 The massing of the proposal as viewed from Blair Street appears acceptable. However when viewed down the South Bridge, care should be taken to ensure there are no adverse impacts upon view to the dome of the Old College. In this regard, the height of the most southerly element of the proposed new elevation to South Bridge should be re-considered.

5 Elevations

5.1 One approach to the design may be to adopt a more contemporary aesthetic for the architecture - particularly that on the block onto South Bridge and its gable facing onto the Cowgate. While there may be benefits to this, in creating a building that is more overtly of our time, the loss of a gable onto the Cowgate would diminish the historic intent of framing the South Bridge with the 4 pedimented gables that existed before the fire.

5.2 Therefore, there is support for an architectural reinterpretation of the gable. For it to be successful it is vital that the proportions, height and windows of the opposite gable are accurately reflected in the design. This could be expressed with contemporary detailing and if this is done, it will be important to ensure that architectural scale is fully considered. The depth of window reveals, the proportions of the break up of fenestration are important in this regard.

5.3 The proposed granite element and most significantly its return onto the gable elevation is problematic. It should be noted that this would not have been an element of the original design of the elevation onto South Bridge.

5.4 There is an arbitrary quality to the design of the elevation to the Cowgate in that the external expression of the building appears to have little relationship to its functions inside. This may diminish the overall quality of the architecture. It was noted that there is no dominant architectural style existing in the Cowgate.

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5.5 The design development should consider alternatives. One option could be to progress an architecture that explores the relationship between solid and void. Another approach would be to explore a more rationalist or regimented design that better reflects the use (of hotel rooms) behind the faqade. In this regard, the drawing tabled is moving the design in a positive direction.

5.6 The more westerly glazed element of the faqade onto the Cowgate may detract from the design in that it does not appear to have a strong rationale for its inclusion. The glazed bridges element, on the other hand, creates a logical break between the more historicist element of the building and the more overtly modern element facing onto the Cowgate. So the drawing tabled also has advantages in this regard.

5.7 While the omission of the dark coloured granite to the north facing base of the Cowgate is welcomed, there will be adverse effects of staining resulting from splash back at the base of the building. The use of a material less susceptible to staining than sandstone for the lowermost base courses is encouraged. A light coloured granite may be appropriate.

6 Other matters

6.1 The intention not to provide car parking for this development is considered appropriate because of its uses and location and is welcomed by the Panel.

7 Summary

7.1 The proposals as they have developed thus far are broadly welcomed. To continue the momentum of the positive development of the design a number of matters should be addressed. If the extent of pedestrian permeability currently proposed is to continue to be included it is essential that community safety is ensured. The massing of the building appears to require some adjustment - particularly on the South Bridge and the elevations would benefit from some refinement

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Archaeology - response dated 14/10/2011

Further to your consultation request, I would like to make the following comments and recommendations in respect to this application for mixed used development including alterations to 1-3 Chambers Street, comprising hotel, bar, restaurant, cafe, retail, commercial and nightclub uses and the reconstruction of existing single storey annex to 207 Cowgate.

The site lies within the core of the UNESCO World Heritage Site in particular within the heart of Edinburgh's medieval burgh. Since the 2002 Cowgate fire the site has been the subject of ongoing archaeological investigations into the sites important former Georgian buildings and underlying archaeology. These works as noted in the accompanying Archaeological Project Design produced by AOC Archaeology have yet to be completed with ongoing discussions establishing the need for further work in advance of development to both the surviving built heritage and buried remains.

Accordingly the development must be considered under terms of the Scottish Government's Scottish Planning Policy (SPP), PAN 212011 and Scottish Historic environment Policy (SHEP) and also CEC's Edinburgh City Local Plan (adopted 2010) policies ENV1, ENV2, ENV5, ENV8 & ENV9. The aim should be to preserve archaeological remains in situ as a first option, but alternatively where this is not possible, archaeological excavation or an appropriate level of recording may be an acceptable alternative.

As mentioned the proposed new development will have a impact upon the surviving built heritage and underlying archaeological remains. Following preapplication discussions with the applicant's agents an agreed mitigation strategy was produced by AOC Archaeology and submitted as part of this application, which will not only complete the work undertaken on the site but also incorporate new work required in respect to the proposed extension along the Cowgate. Accordingly it is essential that a condition is attached to any consent granted to undertake a programme of archaeological work based upon those outlined in AOC's Project Design. The work will be undertaken in accordance with an agreed brief with this office. This is in order that any archaeological remains that may be affected are properly recorded and excavated where preservation in situ is not possible.

It is recommended that this programme of works be secured using the following condition attached to both consents if granted;

'No development shall take place on the site until the applicant has secured the implementation of a programme of archaeological work (excavation, historic building recording, reporting and analysis, publication & interpretation) in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority. ,

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The work must be carried out by a professional archaeological organisation, either working to a brief prepared by CECAS or through a written scheme of investigation submitted to and agreed by CECAS for the site. Responsibility for the execution and resourcing of the programme of archaeological works and for the archiving and appropriate level of publication of the results lies with the applicant.

Environmental Services - response dated 04/11/2011

The application proposes a mixed use development on an area of land within the Cowgate. The site previously had a number of premises on the site which were destroyed by fire. The site relates both to the low level Cowgate and upper level South Bridge. It is bounded by Cowgate to the north and South Bridge to the east. The southern boundary is the rear of Adam House and 1-3 Chambers Street. A night club exists to the west and a retail premises is adjacent to the site to the south on South Bridge. Residential properties exist to the west on Guthrie Street and student residences are to the north at the junction of Blair Street and Cowgate.

The application proposes a number of commercial uses within the development ranging from retail, cafe, public bar and restaurant. However, the exact uses are dependent upon the final end users attracted to the site and so the commercial premises (except hotel) have been left unspecified at this point. Therefore, the development design has incorporated ventilation ducting into all of the premises likely to introduce cooking operations in the future. All kitchen ventilation will be ducted to roof height to ensure all ventilation extraction points reach above all surrounding premises, including those on South Bridge. A condition will be recommended by this Department to that effect in order to protect residential amenity from any potential odour impacts.

The application proposes external seating areas for the hotel bar, one commercial unit on South Bridge and two of the commercial units on Cowgate. The external areas will also act as access routes through the development. The agent has confirmed that it is likely that the access routes will be open from tam to 10pm and so any external seating areas will also be closed off at the same time as the access routes are closed. External seating outside the commercial units on Cowgate is proposed to be utilised from 7am to 8pm. There is the possibility that these premises could operate as cafes or bars and therefore the external seating areas are likely to be used for external eating and drinking. The Council has historically received noise complaints from external seating areas associated with cafes and public bars, therefore this Department will recommend a condition restricting the use of the external seating areas to 9pm.

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The agent for the application has confirmed that an acoustic consultant is involved with the project design to ensure that any music noise from the proposed night club will be inaudible within any nearby residential and student residential properties. The agent for the application has advised that hotel bedrooms will also be protected to an agreed noise level as required by the hotel operator. This Department is of the opinion that the hotel bedrooms should be protected to the same level as any nearby residential or student residential properties (particularly from entertainment and music noise) and will recommend a condition to that effect.

A noise impact assessment has been provided which assessed environmental noise surrounding the site and has recommended mitigation measures to address the issue. Low frequency noise was found to be affecting the site which stemmed from the adjacent Sin nightclub. The agent has confirmed that the redevelopment of the adjacent club site is within the control of the applicant and noise mitigation measures will be introduced which will ensure that the hotel bedrooms will be adequately protected from noise from the adjacent club premises. A condition to that effect will be recommended by this Department.

Therefore, Environmental Assessment has no objections to this proposed development subject to the following conditions:

Hotel (Class 7)

The design, installation and operation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

(i) The kitchen shall be ventilated by a system capable of achieving 30 air changes per hour, and the cooking effluvia shall be ducted a suitable exhaust point as agreed with the Planning Authority to ensure that no cooking odours escape or are exhausted into any neighbouring premises.

(ii) The ventilation system shall be installed, tested and operational prior to the use hereby approved being taken up.

All music and vocals, amplified or otherwise, shall be so controlled as to be inaudible within any neighbouring premises.

No development shall take place until a scheme to protect the hotel bedrooms within the development from noise from the adjacent night club has been submitted to and approved to the satisfaction of the Head of Planning.

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Nightclub (Class 11)

All music and vocals, amplified or otherwise, shall be so controlled as to be inaudible within any neighbouring noise sensitive premises.


Deliveries and collections, including waste collections, to be restricted to 0700 - 1900 hours Monday to Saturday.

The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring residential or hotel living apartment.

No development shall take place until a scheme to protect the hotel bedrooms within the development from noise from the proposed night club has been submitted to and approved to the satisfaction of the Head of Planning.

Retail (Class 1)


Deliveries and collections, including waste collections, to be restricted to 0700 - 1900 hours Monday to Saturday.

Restaurant and Cafe (Class 3)





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External seating areas to be restricted to the hours of Bam - 9pm daily.

Public Bar (Sui Generis)





The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring residential or hotel bedroom apartment.

External seating areas to be restricted to the hours of Bam - 9pm daily.

Transport - response dated 17/11/2011

I have no objections to the application subject to the following conditions being applied.

All accesses must be open for use by the public in terms of the statutory definition of 'road' and require to be the subject of applications for road construction consent for any new road or extension to existing public roads.

The footway Ilay by off Cowgate to be constructed and defined to the satisfaction of the Head of Transport

Prior to the issuing of consent the applicant to enter into a suitable legal agreement to make provision for the following:

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As a result of development the applicant to meet the cost of any amendments to existing Traffic Regulation Orders (TRO) or for the promotion of any new TRO applications in the vicinity of the development site. (Reason To control waiting / Loading in the vicinity of the development site to ensure free vehicle flow)

A Travel Plan to be submitted with respect to the hotel element of development the terms of which to be agreed in principal with the Head of Planning. The final travel plan for the end user to be in place prior to the opening to the public the travel plan will be jointly monitored for 2 years after opening (Reason to encourage more sustainable travel modes for the staff)

Contribute the sum of £7500 for the continuing provision of the Car Club in the vicinity of the application site Application membership will be available for elements of the development Contribution payable on commencement of development

Contribute the sum of £30,000 (2x £15,000) for improvements to the Public Transport Infrastructure. (Reason to encourage more sustainable transport modes of travel for patrons of the development site). The contribution will utilised for the provision of real time information boards located a) within the hotel foyer where space is to be made available and b) within an existing bus stop serving the development site. Contribution payable on commencement of development and will be utilised within 3 years in respect the bus stop and on opening of the hotel to the public

Any new or alterations to the existing street lighting apparatus lighting the public roads / footways as a result of approved development to be met and constructed by the developer (Reason To adequately light any alterations to the public road network) Works to be completed prior to any part of the development opening to the public

Contribute the sum of £50, 000 for improvements to pedestrian safety.(Reason; As a result of development pedestrian movements will increase in the Cowgate, Chambers Street and South Bridge and the contribution will be used to improve signalised pedestrian crossings in the area of the development site. Contribution payable on commencement of development and will be utilised within 3 years or returned in full or in part.

AMENDED RESPONSE

I have no objections to the application subject to the following conditions being applied.

All accesses must be open for use by the public in terms of the statutory definition of 'road' and require to be the subject of applications for road construction consent for any new road or extension to existing public roads.

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The footway Ilay by off Cowgate to be constructed and defined to the satisfaction of the Head of Transport

Prior to the issuing of consent the applicant to enter into a suitable legal agreement to make provision for the following:

As a result of development the applicant to meet the cost of any amendments to existing Traffic Regulation Orders (TRO) or for the promotion of any new TRO applications in the vicinity of the development site. (Reason To control waiting I Loading in the vicinity of the development site to ensure free vehicle flow)

A Travel Plan to be submitted with respect to the hotel element of development the terms of which to be agreed in principal with the Head of Planning. The final travel plan for the end user to be in place prior to the opening to the public the travel plan will be jointly monitored for 2 years after opening (Reason to encourage more sustainable travel modes for the staff)

Contribute the sum of £7500 for the continuing provision of the Car Club in the vicinity of the application site Application membership will be available for elements of the development Contribution payable on commencement of development

Contribute the sum of £15,000 for improvements to the Public Transport Infrastructure. (Reason to encourage more sustainable transport modes of travel for patrons of the development site). The contribution will utilised for the provision of real time information board located within an existing bus stop serving the development site. Contribution payable on commencement of development and will be utilised within 3 years in respect the bus stop and on opening of the hotel to the public

Contribute the sum of £30,000 for improvements to pedestrian safety.(Reason; As a result of development pedestrian movements will increase in the Cowgate,Chambers Street and South Bridge and the contribution will be used to improve signalised pedestrian crossings in the area of the development site. Contribution payable on commencement of development and will be utilised within 3 years or returned in full or in part.

Scottish Water - response dated 20/09/2011

Scottish Water has no objection to this planning application. Since the introduction of the Water Services (Scotland) Act 2005 in April 2008 the water industry in Scotland has opened up to market competition for non-domestic customers. Non-domestic Household customers now require a Licensed Provider to act on their behalf for new water and waste water connections.

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Due to the size of this proposed development it is necessary for Scottish Water to assess the impact this new demand will have on our existing infrastructure. With Any development of 10 or more housing units, or equivalent, there is a requirement to submit a fully completed Development Impact Assessment form. Development Impact Assessment forms can be found on our website.

FAIRMILEHEAD Water Treatment Works currently has capacity to service this proposed development.

Waste water Network - Our initial investigations have highlighted their may be a requirement for the Developer to carry out works on the local network to ensure there is no loss of service to existing customers. The Developer should discuss the implications directly with Scottish Water.

In some circumstances it may be necessary for the Developer to fund works on existing infrastructure to enable their development to connect. Should we become aware of any issues such as flooding, low pressure, etc the Developer will be required to fund works to mitigate the effect of the development on existing customers. Scottish Water can make a contribution to these costs through Reasonable Cost funding rules.

A totally separate drainage system will be required with the surface water discharging to a suitable outlet. Scottish Water requires a sustainable urban drainage system (SUDS) as detailed in Sewers for Scotland 2 if the system is to be considered for adoption.

These proposals may involve the discharge of trade effluent to the public sewer and may be subject to control as defined in Part 11 of the Trade Effluent Control and Charging Scheme. No substance may be discharged to the public sewerage system that is likely to interfere with the free flow of its content, have detriment to treatment / disposal of their contents, or be prejudicial to health.

Appropriately sized grease traps must be installed on all drainage outlets from food preparation areas. No substance may be discharged to the public sewerage system that is likely to interfere with the free flow of its content, have detriment to treatment / disposal of their contents, or be prejudicial to health.

Scottish Water's current minimum level of service for water pressure is 1.0 bar or 10m head at the customer's boundary internal outlet. Any property which cannot be adequately serviced from the available pressure may require private pumping arrangements installed, subject to compliance with the current water byelaws. If the developer wishes to enquire about Scottish Water's procedure for checking the water pressure in the area then they should write to the Customer Connections department at the above address.

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An appropriate water storage system Water storage equivalent to 24 hours usage is recommended for commercial premises. Details of such storage installations must be forwarded can be discussed to Scottish Water's Customers Connections department at the above address.

If the connection to public sewer and/or water main requires to be laid through land out-with public ownership, the developer must provide evidence of formal approval from the affected landowner(s). This should be done through a deed of servitude.

It is possible this proposed development may involve building over or obstruct access to existing Scottish Water infrastructure. On receipt of an application Scottish Water will provide advice that advice that will require to be implemented by the developer to protect our existing apparatus.

There may be contaminated land issues relevant to the development of this site. The developer must ensure that satisfactory precautionary measures are taken to protect public water and sewer pipes from any possible contamination. The developer may have to submit a full soil investigation report to Scottish Water. Customer Connections will be able to provide advice on this subject. on request.

Should the developer require information regarding the location of Scottish Water infrastructure they should contact our Property Searches Department, Bullion House, Dundee, DD25BB.

SEPA - response dated 15/09/2011

Thank you for your consultation which SEPA received on 15 September 2011.

To assist with streamlining the planning process, we now focus our site specific advice in development management where we can add best value in terms of enabling good development and protecting Scotland's environment. We have therefore provided standing advice applicable to this type of smallscale local development which is available at www.sepa.org.uk/planning.aspx.

Advice for the planning authority

If you are seeking comment on some site specific issue, such as flood risk, which is not adequately addressed by our standing advice, we would welcome the opportunity to be re-consulted. The reason for consultation should be clearly indicated in the body of the email or letter. To assist, we have developed a checklist for planning authorities to use when consulting with us on planning applications.

Guidance on How and when to consult SEPA and our Standing advice for small scale local development is available on our website.

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Advice for the applicant

Further details of regulatory requirements and good practice advice can also be found on our website. If you are unable to find the advice you need for a specific regulatory matter, please contact a member of the regulatory team in your local SEPA office. Contact details for each office can be found on our website by clicking on the relevant area on the contacts map.

Historic Scotland - response dated 05/10/2011

Historic Scotland were involved in the original planning brief for the Cowgate fire site. Since this date we have concentrated our advice on the effect of the development on the setting of the Category A listed Old College building on South Bridge. The late-eighteenth century South Bridge, and the buildings either side of it are both Category Band C(S) listed (albeit in an A group).

As before, we welcome the extensive heritage report for the site, and value the pre-application discussions held over the current proposals.

We would urge your Council to ensure the current proposals on the Cowgate range rise no higher than the approved scheme, and offer no further intrusion on views of the Old College dome and roofscape, particularly from the High Street down Blair Street. The layered roofscapes and topography of the site (pre-fire) emphasised the depth of the Cowgate and was a particular feature of the Old Town.

In pre-application meetings on the current scheme there was much discussion on the form of the South Bridge range and in particular the missing Kay gable. The ordered solid to void ratio of the proposed South Bridge range echoes the original design of the Kay buildings. Historic Scotland previously supported the replication of the missing Cowgate gable, or its broad proportions, also an aspiration of the planning brief. We note the previously approved scheme provided a contemporary treatment of the gable, and the current proposals follow this route, albeit in a less free form.

From pre-application discussions we understood it was intended to dismantle and re-build on site the surviving part of the C(S) listed stone arcade on the Cowgate. We would continue to support this, and note this is also an aspiration of the Heritage Report.

Notwithstanding our comments above, we confirm that your Council should proceed to determine the application without further reference to us.

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Edinburgh World Heritage - response dated 08/11/2011

Thank you for requesting our comments on the current application for this important site in the Old and New Towns of Edinburgh World Heritage Site. The site fronts onto both the Cowgate and the South Bridge, two streets with radically different characters, the Cowgate traditionally four to five storeys in the Edinburgh vernacular (but built up since Georgian times to higher levels), and the South Bridge representing one of the first major urban interventions in the city, guided by the ideals of the Enlightenment and classical architecture. It represents the challenges that face the World Heritage Site, namely those of how to handle the differing characters of the Old and New Towns, in terms of planning, architecture and use, with their resultant impact on authenticity and integrity, concepts critical to World Heritage status.

The applicants have taken care to consult EWH throughout the process, for which we have been grateful. They have clearly been working with the massing of the previous, permitted scheme for the site, looking to bring this back into line with the development brief drawn up, in anticipation of its redevelopment, by the City of Edinburgh Council (CEe) and partners following the fire which decimated the buildings originally on the site.

In our view the most important aspect of the site is the building to the South Bridge, forming a part of the South Bridge scheme and brought into reality by Robert Kay. The scheme is an early Edinburgh classical set piece, forming the southern approach to the city from the University to Register House, and probably the earliest urban viaduct in Europe. In other such circumstances around the city, development has sought to restore or complete the set piece, with new buildings in the classical idiom, such as Glenfinlas Street, off Charlotte Square, along George Street or indeed Adam House on Chambers Street. These scholarly pieces of work successfully integrate themselves with their respective contexts, and set the bar high for anyone wishing to take a classical approach to the South Bridge scheme.

Throughout the consultation process, we saw the emergence of a block on to the South Bridge which reflected the spirit, and to some extent, the detailing of the set piece of the South Bridge, and we heartily welcomed the improvement this represented on the previous proposals for the site. We also welcomed the way in which the public could move through the site, especially the introduction of the close off the South Bridge, which reflected the gables of the other buildings of the Kay scheme. At this stage we expressed our support for the direction the proposals were taking.

The importance of the gable elevation is that if it is correctly detailed in the classical idiom, working with the other gables of the set piece, it then creates the rhythm for the rest of the proposed facade to South Bridge (in any other form it would draw attention to itself as the odd one out). During the consultations we noted the discomfort in the handling of the South Bridge street level, which gave the appearance of classical architecture cantilevered out over the shop fronts and hotel entrance, disconnected from the architecture above.

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The critical point is that in terms of the World Heritage Site, a classical gable (and hence South Bridge element) taking in the Vitruvian notions of commodity, firmness and delight, reinforces the juxtaposition between the Old and New Towns, which is at the heart of the Outstanding Universal Value. It is for this reason that we also encouraged the architectural team to be robust in their approach to the modernist designs for the Cowgate: the juxtaposition here is not only between Cowgate and the South Bridge but also, in the view from Hunter Square, between Cowgate and the drum and dome of Adam's university buildings. It appeared that the scheme was developing well, in a manner that had support of a broad range of bodies in the city involved in architecture and heritage.

It was with surprise and hence disappointment that we studied the proposals that form the planning application, with the gable shorn of detail and the modernist architecture of the Cowgate block watered down. As a result the proposals represent a missed opportunity to really support and enhance the outstanding universal value of the World Heritage Site, instead weakening authenticity and integrity, and weakening the opportunity to revitalise the South Bridge area. From our discussions with the other heritage organisations operating in the city we cannot understand what motivated an apparent loss of nerve on the part of the applicant.

We strongly urge them to reconsider the application to produce a scheme which would garner our (and others~ support; currently the proposals do no merit this.

Lothian + Borders Police - response dated 25/11/2011

With regards to consultation on the above development I have the following comments to make on behalf of Lothian and Borders Police:

Analysis of police crime statistics indicates that the area where the development is proposed has a high incidence of street violence and disorder between the hours of 11 pm and 3am, generated by the dynamics of the night time economy. It is important therefore that the development does not introduce new features that could generate or sustain crime or antisocial behaviour with the subsequent impact on City of Edinburgh Council or Lothian and Borders police resources in the future. The following recommendations take these considerations into account:

Due to the difficulties in supervising the proposed courtyard areas in the evenings the entrances to the passageways (closes) at both the South Bridge and Chambers Street and the Cowgate steps should be gated at an appropriate time (suggested 11pm - 6am) to prevent use.

The gates should as far as possible be flush with the building line or not recessed exceeding 600mm to prevent these areas being used inappropriately as hiding places, impromptu toilets or areas sheltering beggars or street drinkers.

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The gated areas should be well lit and the gates clearly visible to signal that the area is closed private space. (The gates could be designed in such a way as to reflect the areas old town character and could make attractive design features).

Careful consideration needs to be given to the area in the actual Cowgate itself opposite Blair Street where the stairs are accessed. Any large open areas should be avoided as they could again be used inappropriately as a gathering place which could generate street violence, be used as a toilet, provide shelter for street drinkers or for a myriad of other anti social purposes. This area should be not be open between the suggested times of 11 pm and 6am and should be gated up to the pavement line to discourage lingering or inappropriate use.

In more general terms an appropriate lighting plan is essential and should be factored into the projects design. This should provide a high level of good quality lighting for the outdoor courtyard areas and the access closes with particular emphasis on uniformity of light and appropriate levels of colour rendition to make the area safe and attractive.

Old Town Community Council- response dated 20/10/2011

The Old Town Association object to the ugly modern part of the building that is proposed for the Cowgate. It is not what we or any visitor would want to see from the Royal Mile. It is the very type of development that threatens our World Heritage Site status.

The South Bridge elevation whilst acceptable in style, is marred by an unsympathetic and ugly extension above the roof line of the street. We understand that the original building had a dormer style extension in that position. That was ugly too, but at least it was part of the roof and not part of the facade. We think that whatever is built here should represent an improvement, and not just an attempt to fill up the space available for the maximum economic return.

We are sorry that there is now no residential accommodation included in the current proposal. So we object that this represents a loss of housing to the Old Town.

Therefore we object to this proposal.

Representations

The application was advertised on 23 September 2011. 6 letters of objection have been received including comments received from the Cockburn Association and the Architectural Heritage Society of Scotland. The main issues raised are summarised as follows:

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Issues of compliance with policy and mix of uses addressed in assessment a)

Not in accordance with the Planning Brief; and

Mix of uses inappropriate and there is no residential proposed.

Issues relating to scale and design addressed in assessment b)

Loss of original arcade on Cowgate;

The South Bridge gable should be faithfully recreated - the proposed design does not, and it is not in keeping with the other three adjacent gables; and

Proposed introduction of five levels between ground and cornice level, where neighbouring properties have three, will be detrimental to the character of South Bridge.

Issues relating to residential amenity addressed in assessment d)

Already an over provision of licensed premises in immediate locality;

Additional licensed premises will lead to unacceptable increase in noise and anti-social behaviour; and

Overlooking of bedrooms within Wellgate House.

Issues relating to road safety addressed in assessment e)

Will generate significant traffic congestion from visitors and servicing for the hotel, nightclub and bar/restaurant uses.

There has also been a letter of support from the Chamber of Commerce. Support was given to the redevelopment of this very significant gap site and the potential for it to boost confidence in the city and help with its economic revival.

Full copies of the representations made in respect of this application are available in Group Rooms or can be requested for viewing at the Main Reception, City Chambers, High Street.

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Planning Policy

Edinburgh City Local Plan - Central Area and Town Centre (including the City Centre Retail Core)

A planning brief was approved as supplementary planning guidance by the Planning Committee in October 2003 to assist in the redevelopment of the site.

Relevant Policies:

Relevant policies of the Edinburgh City Local Plan.

Policy Des 1 (Design Quality and Context) sets general criteria for assessing design quality and requires an overall design concept to be demonstrated.

Policy Des 3 (Development Design) sets criteria for assessing development design.

Policy Des 4 (Layout Design) sets criteria for assessing layout design.

Policy Des 5 (External Spaces) sets criteria for assessing landscape design and external space elements of development.

Policy Des 6 (Sustainable Design & Construction) sets criteria for assessing the sustainable design and construction elements of development.

Policy Des 7 (New Pedestrian Routes in the City Centre) relates to the creation of new pedestrian routes in the City Centre.

Policy Des 10 (Tall Buildings) sets out criteria for assessing proposals for tall buildings.

Policy Env 1 (World Heritage Site) protects the quality of the World Heritage Site and its settings.

Policy Env 3 (Listed Buildings - Setting) identifies the circumstances in which development within the curtilage or affecting the setting of a listed building will be permitted.

Policy Env 4 (Listed Buildings - Alterations & Extensions) identifies the circumstances in which alterations and extensions to listed buildings will be permitted.

Policy Env 6 (Conservation Areas Development) sets out criteria for assessing development in conservation areas.

Policy Env 9 (Development of Sites of Archaeological Significance) sets out the circumstances in which development affecting sites of known or suspected archaeological significance will be permitted.

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Policy Hou 8 (Inappropriate Uses in Residential Areas) establishes a presumption against development which would have an unacceptable effect on the living conditions of nearby residents.

Policy Emp 5 (Hotel Development) sets criteria for assessing sites for hotel development.

Policy Ret 1 (City Centre Retail Core) sets criteria for assessing retail development in or on the edge of the City Centre Retail Core.

Policy Ret 2 (Town Centres) sets criteria for assessing retail development in or on the edge of town centres.

Policy Ret 6 (Entertainment and Leisure Developments - Preferred Locations) identifies the Central Area, Leith & Granton Waterfronts and town centres as the preferred locations for entertainment and leisure developments.

Policy Ret 7 (Entertainment and Leisure Developments - Other Locations) sets out the circumstances in which entertainment and leisure developments will be permitted outwith the identified preferred locations.

Policy Tra 2 (Planning Conditions and Agreements) requires, where appropriate, transport related conditions and/or planning agreements for major development likely to give rise to additional journeys.

Policy Tra 4 (Private Car Parking) requires private car parking provision to comply with the parking levels set out in supplementary planning guidance, and sets criteria for assessing lower provision.

Policy Tra 5 (Private Cycle Parking) requires cycle parking provision in accordance with levels set out in supplementary guidance.

Policy Inf 4 (Renewable Energy) sets criteria for assessing proposals for environmentally sustainable forms of energy generation.

Policy Inf 6 (Water & Drainage) sets a presumption against development where the water supply and sewerage is inadequate.

Policy Ca 1 (Central Area) sets criteria for assessing development in the Central Area.

Relevant Non-Statutory Guidelines

Non-statutory guidelines 'ART IN PUBLIC PLACES' set out good practice to ensure that contemporary art works match the quality of the past, and enhance and contribute to the environment.

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Non-statutory guidelines on Developer Contributions and Affordable Housing gives guidance on the situations where developers will be required to provide affordable housing and/or will be required to make financial or other contributions towards the cost of, providing new facilities for schools, transport improvements, the tram project, public realm improvements and open space.

Non-statutory guidelines 'DAYLlGHTING, PRIVACY AND SUNLIGHT' set criteria for assessing proposals in relation to these issues.

NSESBB Non-statutory guidelines Part B of 'The Edinburgh Standards for Sustainable Building' sets principles to assess the sustainability of major planning applications in Edinburgh

Non-statutory guidelines 'FOOD AND DRINK ESTABLISHMENTS' provide guidance on the location of such uses and set out conditions to control their impact.

Non-statutory guidelines 'The Edinburgh Standards for Sustainable Building' sets principles to assess the sustainability of major planning applications in Edinburgh.

Non-statutory guidelines 'The Edinburgh Standards for Streets' sets out principles and guidance whose aim is to achieve a coherent and enhanced public realm.

Non-statutory guidelines on 'HISTORIC BUILDING REPAIRS' provide good practice for carrying out repairs to historic buildings, and specify when planning permission and/or listed building consent is required.

Non-statutory guidelines on 'HIGH BUILDINGS AND ROOFSCAPE' supplement local plan policies on building height and roof design, and provide policy guidance on these matters.

Non-statutory guidelines The Protection of Key Views guideline aims to safeguard public views to those features which define Edinburgh's character. In order to achieve this, a number of key views have been specifically identified for protection. View cones for each key view have been separately defined. The impact of any proposed development on a key view will be assessed in terms of its effect on the view. While there will be a presumption in favour of protecting the views, it is recognised that the Edinburgh skyline has been formed by generations adding to and evolving the skyline. Positive additions to the skyline tend to be elegant and slender - spires and towers.

Non-statutory guidelines on the 'SETTING OF LISTED BUILDINGS' supplement local plan conservation and design policies, providing guidance for the protection and enhancement of the setting of listed buildings.

Non-statutory guidelines on 'PARKING STANDARDS' set the requirements for parking provision in developments.

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Non-statutory guidelines on Edinburgh Standards for Urban Design sets criteria for the quality of design in new development to maintain and improve the visual image and identity of Edinburgh.

Non-statutory guidelines Non-statutory guidelines THE OLD AND NEW TOWNS OF EDINBURGH WORLD HERITAGE SITE MANAGEMENT PLAN supplements Edinburgh City Local Plan policies relating to conservation and design and seeks to assist in preserving the Outstanding Universal Values of Edinburgh's World Heritage Site and to ensure that changes complement and enhance those Outstanding Universal Values.

Other Relevant policy guidance

The Old Town Conservation Area Character Appraisal emphasises the survival of the original medieval street pattern; the wealth of important landmark buildings; the survival of an outstanding collection of archaeological remains, medieval buildings, and 17th-century town houses; the consistent and harmonious height and mass of buildings; the importance of stone as a construction material for both buildings and the public realm; the vitality and variety of different uses; and the continuing presence of a residential community

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Application Type Application Address:

Proposal:

Reference No:

Planning Permission Land At Cowgate Edinburgh

Appendix B

THE CITY OF EDINBURGH COUNCil

CITY OEVELOPMENT

Mixed use development including alterations to 1-3 Chambers Street comprising hotel, bar, restaurant, cafe, retail, commercial and nightclub uses and reconstruction of existing single storey annex to 207 Cowgate. 11/02998/FUL

Conditions/Reasons associated with the Recommendation

Recommendation

It is recommended that this application be GRANTED

Conditions

1. No development shall take place until the applicant has secured the implementation of a programme of archaeological work, in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Head of Planning, having first been agreed by the City Archaeologist.

The work must be carried out by a professional archaeological organisation, either working to a brief prepared by CECAS or through a written scheme of investigation submitted to and agreed by CECAS for the site. Responsibility for the execution and resourcing of the programme of archaeological works and for the archiving and appropriate level of publication of the results lies with the applicant.

2. The design and installation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

3. All music and vocals, amplified or otherwise, shall be so controlled as to be inaudible within any neighbouring premises.

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4. Hotel (Class 7), Restaurant and Cafe (Class 3), Public Bar (Sui Generis)



5. Hotel (Class 7), Nightclub (Class 11)

No development shall take place until a scheme to protect the hotel bedrooms within the development from noise from the adjacent nightclub has been submitted to and approved to the satisfaction of the Head of Planning.

6. Nightclub (~Iass 11), Public House (Sui Generis)

The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring residential.

7. Restaurant and Cafe (Class 3), Public Bar (Sui Generis) . External seating areas shall be restricted to the hours of 7am until 10pm daily.

8. The gates shown on the approved plans located at the Chambers Street pend, the proposed South Bridge Close and the Cowgate entrance shall be closed between the hours of 10pm and 7am daily.

9. The public realm scheme as outlined in drawing number 380 PL220 A shall be fully implemented prior to the occupation of the development hereby approved. The lighting strategy shall include any alterations necessary as a result of the development to the existing adopted lighting.

10. A detailed specification, including trade names where appropriate, of all the proposed external materials shall be submitted to and approved in writing by the Head of Planning before work is commenced on site; Note: samples of the materials may be required.

11. All accesses must be open for use by the public in terms of the statutory definition of 'road' and require to be the subject of applications for road construction consent for any new road or extension to existing public roads.

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12. The footway /Iay-by off Cowgate shall be constructed and defined to the satisfaction of the Head of Planning. Full details shall be submitted to the Planning Authority prior to the commencement of these works for further approval.

13. Before any part of the development is brought into use, secure, covered cycle parking shall be provided within the site to meet the standard required by City of Edinburgh Council policy, to the satisfaction of the Head of Planning.

Reasons

1. In order to safeguard the interests of archaeological heritage.

2. In order to safeguard the amenity of neighbouring residents and other occupiers.






8. In the interests of public safety.

9. In order to ensure that a high standard of public realm is achieved, appropriate to the location of the site.

10. In order to enable the Head of Planning & Strategy to consider this/these matter/s in detail.

11. In order to safeguard the interests of road safety.

12. In order to safeguard the interests of road safety.

13. In order to ensure that the level of cycle parking is adequate.

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INFORMATIVES

It should be noted that:

1. The development hereby permitted shall be commenced no later than the expiration of three years from the date of this consent.

2. No development shall take place on the site until a 'Notice of Initiation of Development' has been submitted to the Council stating the intended date on which the development is to commence. Failure to do so constitutes a breach of planning control, under Section 123(1) of the Town and Country Planning (Scotland) Act 1997.

3. As soon as practicable upon the completion of the development of the site, as authorised in the associated grant of permission, a 'Notice of Completion of Development' must be given, in writing to the Council.

4. This consent is for planning permission only. Work must not begin until other necessary consents, e.g. listed building consent, have been obtained.

5. LEGAL AGREEMENT

End

Consent shall not be issued until a suitable legal agreement, including those requiring a financial contribution payable to the City of Edinburgh Council, has been concluded in relation to transport infrastructure and the Edinburgh City Car Club

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Appendix C

·EDINBVR.GH· THE CITY OF EDINBURGH COUNCil

CITY DEVELOPMENT

Application Type Planning Permission

Proposal: Mixed use development including alterations to 1-3 Chambers Street comprising hotel, bar, restaurant, cafe, retail, commercial and nightclub uses and reconstruction of existing single storey annex to 207 Cowgate.

Reference No: 11/02998/FUL

Location Plan Reproduction from the Ordnance Survey mapping with permission of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Licence Number 100023420 The City of Edinburgh Council 2005.

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land at cowgate planning report

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