Item 7

Report of the Planning and Development Manager Proposal : Full Planning Permission for Erection of Building Comprising a Multiplex Cinema (7 Screens) and 3 Restaurants (2,786sqm) to Replace Existing Permission for 5 Screen Cinema and 3 Restaurants (2,883spm) Central Sports Ground Richmond Road Hipswell North Yorkshire Hipswell Date Application Received : 10 January 2014

Location :

Ward : Applicant :

Lingfield (Catterick) Ltd And Secretary Of State For Defence Geoffrey Prince Associates Limited

Agent (where applicable) : 1.0 1.1

Background and Purpose of the Report This application was considered at the last meeting but a decision was deferred to provide the applicants with an opportunity to respond further to the views expressed about the proposal through the consultation process and to the debate which took place at that meeting when Members indicated that they were not currently minded to approve the application. This further report again sets out details of the proposal, a description of the site and its surroundings, a summary of planning policy and planning history, updated details of views expressed by consultees, a summary of the relevant planning issues and a recommendation to assist the Committee in now determining the application. Details of the Proposal This is a revised application for part of the recently approved “Town Centre” scheme at Catterick Garrison and relates to the cinema and associated ground floor restaurant premises located in the south western part of the site. Although the proposed change would result in a small reduction in the overall floor area of the currently approved cinema building and a small increase in the overall floor area of the food and drink outlets, the main difference is that this proposal would increase the number of cinema screens from 5 to 7 and also increase the total number of seats within the cinema from 640 to 848. It is intended that the cinema would operate between the hours of 9.00 a.m. to 1.00 a.m. (Monday to Thursday); 9.00 a.m. to 3.00 a.m. (Friday and Saturday); and 9.00 a.m. to 1.00 a.m. (Sundays and Bank Holidays). The development (in itself – excluding the remainder of the approved “Town Centre” scheme) would provide 15 full time and 15 part time jobs (23 fte jobs).

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The proposed building would have three floors providing on the ground floor three restaurant/food and drink outlets together with the cinema foyer and a separate estate office from which the wider “Town Centre” development would be managed. The cinema screens/auditoriums would then occupy the whole of the second floor and extending up into the floor above. The proposed building would have brick facing to all elevations at ground floor/street level with insulated powder coated vertical metal panels in three tones of metallic grey to much of the upper floors. The cinema foyer and staircase at the eastern end of the building would be predominantly glazed (south and east elevations). There would also be a higher element at the south eastern end of the main building structure accommodating the upper seating level of the larger main auditorium. This part of the structure would be faced in lighter monochrome powder coated metal panels to reduce the impact of its additional height. All parts of the building would have essentially flat roofs concealed behind low parapets around each side. Plant would be accommodated in a sunken well within the roof structure where it would be hidden from view and where potential noise impact could be minimised. Servicing (including refuse and recycling facilities) would take place from the previously approved main service yard to the rear. Parking would be accommodated in the previously approved car park in the remainder of the approved “Town Centre” development to the north east. The following supporting documents form part of the application submission : • • • Design and Access Statement Cinema Capacity and Impact Assessment Statement (Subsequently Revised and Updated) Updated Note on Trip Generation for Transport Assessment

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Copies of the Design and Access Statement (including proposed plans and illustrations) and the revised Cinema Capacity and Impact Assessment are provided at Appendix 1 of this report for Members’ consideration. Other documents are available as required through the ‘Public Access’ facility of the Council’s web site. Further submissions have also since been made in support of the application and these are referred to in paragraphs 7.24 – 7.28 below and copies are provided at Appendix 2. 3.0 3.1 Description of the Site and Surroundings The application site comprises approximately 0.15 hectares within the larger site of the “Town Centre” development covering 4.2 hectares in total. It is located at the south western corner of the larger site on what is currently an unused area of land lying to the west of the former ‘Central Sports Ground’ and south east of the Garrison Sports and Leisure Centre/Library building. This piece of land was previously the location for the then Defence Estates Offices and car park. The buildings were demolished a few years ago when the offices moved to Piave Lines but there are remains of hardstandings and parking areas relating to that former use. The proposed building would have a frontage set slightly back from Gough Road which runs to the south of the site and opposite are the commercial uses at Richmondshire Walk including the Tesco foodstore and filling station. The Sports and Leisure Centre car park extends westwards on the north side of Gough Road whilst the remainder of the recently approved “Town Centre” scheme would lie to the east and north east continuing through to the western side of Richmond Road.

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Planning Policies Richmondshire Local Plan The site lies within the designated Town Centre of Catterick Garrison where priority is to be given to the development of a range of shopping, service, leisure and other commercial facilities, possibly involving the redevelopment of existing uses. The following saved policies and schedule of the Local Plan are relevant in considering this proposal : Policy 1 : The Basis for Development Control Policy 79 : Shopping Facilities at Catterick Garrison and Colburn Policy 80 : Other New Shopping Developments Policy 91 : Vehicle Parking Standards Policy 106 : Light Pollution Schedule 7 : Vehicle Parking Standards

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National Planning Policy Framework As a means of achieving sustainable development and alongside the presumption in favour of sustainable development proposals that meet the twelve core planning principles set out in the National Planning Policy Framework, the following specific sections of the document are relevant in considering this proposal : • • • • • Building a Strong Competitive Economy Ensuring the Vitality of Town Centres Promoting Sustainable Transport Requiring Good Design Promoting Healthy Communities

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Meeting the Challenge of Climate Change, Flooding and Coastal Change Conserving and Enhancing the Natural Environment

Richmondshire Local Plan Core Strategy Submission Document The Core Strategy policies will, in due course, replace existing Development Plan policies and now need to be given due weight as a material planning consideration in assessing this proposal. The following policies of the Core Strategy are relevant in considering this application : SP1 : Sub Areas SP2 : Settlement Hierarchy SP5 : Scale and Distribution of Employment Development Central Richmondshire Spatial Strategy CP0 : Planning Positively CP1 : Responding to Climate Change CP2 : Achieving Sustainable Development CP3 : Supporting the Settlement Hierarchy CP7 : Promoting a Sustainable Economy CP9 : Supporting Town and Local Centres CP10 : Developing Tourism CP11 : Supporting Community and Recreation Assets CP12 : Conserving and Enhancing Environmental and Historic Assets CP13 : Promoting High Quality Design CP14 : Providing and Delivering Infrastructure

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Planning History In 2006/7 the site was part of an outline planning application for a mixed use town centre scheme which was supported by this Committee and was approved subject to completion of a Section 106 Agreement relating to matters including the provision of off-site highway and transportation works; support for promotion of Richmond Town Centre; provision of alternative and replacement sports and recreation facilities elsewhere at Catterick Garrison; and the delivery of commitments relating to design standards. Although negotiations progressed towards completion of the necessary Section 106 Agreement following the Committee’s resolution in December 2007, it was never formally completed. In October last year planning permission was granted to a new mixed use scheme for the town centre. In addition to a five screen cinema, that permission also provides for 6,833 sq. m. of retail floor space; 3,347 sq. m. of floor space for food and drink uses; a 60 bedroom hotel and other associated commercial uses. The development also has an associated Planning Obligation under Section 106 of the Town and Country Planning Act ensuring : • provision, operation and future management of an electronic tourist / business information point facility within the scheme providing information about shopping, tourist attractions and accommodation opportunities available in Richmond, Leyburn, Swaledale and Wensleydale; delivery of junction improvement works at Gough Road/Richmond Road; extension of the cycleway/pedestrian route from Gough Road to Hipswell Road along the west side of Richmond Road, and, delivery of the proposed ‘Princes Gate Initiative’ community challenge project.

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Consultations Undertaken and Representations Received Hipswell Parish Council : Colburn Town Council : Scotton Parish Council : Richmond Town Council : Leyburn Town Council : Highway Authority : Richmond & Lower Swaledale Business Association : No response received. No response received. No response received. “Whilst the development is outside our area of responsibility, we have serious concerns on the impact of this large development on the local cinema.” No response received. No objections in principle. Object to the application in the strongest possible terms. The development now represents a significant threat to the future of The Station Cinema and indirectly to the future of the whole Station complex. There is no doubt that The Station Cinema is a substantial driver of footfall, without which the other businesses would suffer and be put under threat themselves. (See full letter of objection at Appendix 3.) No response received.

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Leyburn & Mid Wensleydale Business Association :

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Strongly object to the increase from five to seven cinema Richmond and District Civic Society: screens. “We feel that this is an attack on the cultural heritage of the Richmond Station complex which is a Listed Building and as such under planning law, should be protected, not placed under threat. We feel that Richmond Station is unique, being placed at the centre of the cultural life of Richmond and its District, by supplying a local need and to areas much further afield. The introduction of a seven screen cinema at Catterick Garrison will totally undermine all the activities which take place at Richmond Station. The Richmond Station complex is reliant upon all the components within that Listed Building and each serves as a benefit to the others. If one element should be damaged or removed it will have a knock-on effect upon the other businesses. We should also like to point out that The Station Cinema has won several national awards and is a major business centre within Richmond and District and a focal point for arts and cultural activity. Whilst we appreciate that the town centre for Catterick

Garrison should be developed, we feel that this should be reasonable in scale taking into account other immediately local amenities and the wider developments taking place, such as a nine screen multiplex in Darlington, the new cinema in Northallerton and another in Ripon. Our final point is that we feel the development of Catterick Garrison town centre should have a strategic plan and not be a piecemeal development.” 6.10 Richmondshire Building Preservation Trust Object to the application. “During the consultation which took place on the original Garrison Town Centre application, retail businesses within Richmond were concerned about the impact that new shops and leisure facilities might have on their enterprises and consequently upon the vitality of Richmond Town Centre. However, we were given assurances that the developments on the Garrison would complement the services provided in Richmond and help to retain shoppers in Richmondshire District to the benefit of both Catterick Garrison and neighbouring towns. Part of the initial scheme proposed that a five screen cinema be built. Although it was clear that this development would threaten the viability of the existing cinema at The Station in Richmond, the Trust, which manages The Station decided not to object to the proposal. The Trust wanted to support its neighbouring community of Catterick Garrison and decided that the experience offered by a multiplex new cinema would be sufficiently different to what The Station Cinema has to offer that both cinemas should be able to operate, albeit with some reduction to The Station Cinema’s customer numbers. However, the new proposal for seven rather than five screens and an increase in the number of seats from 640 to 848 will increase the new cinema’s capacity by a 1/3. The rationale for this appears to be, according to the applicants, that our area is underserved by cinema provision. The Cinema Capacity and Impact Assessment Statement submitted by the developers is totally inaccurate and substantially understates the cinema capacity that currently exists or will shortly exist in the area. Apart from The Station Cinema's two screens, which are soon to become three, customers will be able to choose between the three-screen Odeon in Darlington or the new Darlington nine-screen Vue Cinema multiplex. Additionally, in Ripon, the Curzon has recently opened a two screen cinema. The volunteer run cinemas in Thirsk and at the Forum in Northallerton regularly show films, as will the old school house in Leyburn. The proposed new seven screen cinema in Catterick Garrison will dominate the local market to the significant

detriment of the smaller operators in the area. If the local cinemas in Richmond, Leyburn, Ripon, Northallerton and Thirsk are forced to close down because of this overprovision of cinema capacity then this will lead to a significant increase in car travel. A reduction in Cinema attendance will also have a significant negative impact on the other businesses within The Station.” 6.11 Station Cinema Consider that the increase in cinema screens would effectively destroy the existing cinema operation at The Station which would also impact on other activities as the cinema does draw many people in to The Station and could even result in its closure. Whilst not afraid of competition and can see that a cinema at the Garrison would be a positive step for the town, it should be kept to a reasonable size and not allowed to dominate the entire area. (See full letter of objection at Appendix 3.)

6.12 A considerable number of local residents and businesses have submitted representations regarding this particular proposal. These are listed below together with a summary of the key points made. It is not practical to quote every one of these many representations in full or to include copies of each representation as part of this report, but the summary below seeks to provide a fair reflection of the many differing views expressed and the full representations themselves are available to Members through the ‘Public Access’ facility on the Council’s web site. Supporters of the Proposal Mr and Mrs Pearce, 1 Merlin Close, Catterick Garrison Stuart Thirlwell, 37 Albermarle Drive, Catterick Garrison Paul Witty, 10 Firefly Walk, Colburn, Catterick Garrison Kim Moriarty, High Gatherley Farm, Brompton on Swale Dorothy Dell, 2 Frobisher Drive, Brough with St. Giles Karen Cassidy, 100 Slessor Road, Catterick Village Scott Cassidy, 100 Slessor Road, Catterick Village Karen Johnson, 6 Macdonell Close, Catterick Garrison Danielle Henley, 70 Leeming Lane South, Catterick Village Lisa Adamson, 59 Essex Close, Catterick Garrison Natasha Davis, 64 Scotton Gardens, Catterick Garrison Richard Miller, 16 Pembury Mews, Brompton on Swale Samantha Moore, 3 Glasgow Drive, Catterick Garrison Chris Taylor, 8 Woodcock Drive, Catterick Garrison Kayleigh Rowlands, 9 Chestnut Crescent, Catterick Garrison Jamie Miller, 10 Coronation Avenue, Catterick Garrison Paul Mead, 5 St Hilary Close, Richmond Marjorie Taylor. 8 Woodcock Drive, Catterick Garrison Leanne Jeffrey, 42 Horne Road, Catterick Garrison Kath Letts, 10 Crocus Court, Colburn Matthew Hodgson, 1 Tudor Court, Richmond Amanda McDade, Lady Newcombe House, Catterick Road, Catterick Garrison Samantha Jackson, 12 White Lands, Richmond, North Yorkshire Robert Taylor. 18 Sutton Avenue, Colburn Hayley Allen, 1 Blue Nile Way, Colburn Susan Taylor, QMS Dept, DKB, Horne Road, Catterick Garrison Abby Simpson, 14 Bronte Drive, Brough with St. Giles

Katherine Healy, 9 Vicarage Road, Catterick Garrison Lisa Lines, ‘Soundings’, 27 Maple Road, Richmond Laurence Lines, ‘Soundings’, 27 Maple Road, Richmond Zoey Metcalfe, 23 Albermarle Drive, Catterick Garrison Lynda McPherson, 1 York Road, Colburn Suzanne Cross, 11 St. Oswalds Close, Catterick Garrison Nathalie Holmes, 22 Essex Close, Catterick Garrison Christopher Holmes, 22 Essex Close, Catterick Garrison Dave Parish, 1 Wardrop Road, Catterick Garrison Lorraine Smith, 18 Meadowfield Road, Colburn Matthew Farrow-Connolly, 5 Kent Court, Anzio Road, Catterick Garrison Luke Rothery, 6 Willow, Gatenby Anna McKernon, 1 Kingfisher Court, Scotton Cassandra Warren, 9 Devon Court, Anzio Road, Catterick Garrison Barbara Livingstone, 21 Sutton Avenue, Colburn Karol Jane, 19 Ypres Road, Catterick Garrison Lee Halley, 5 Sydalls Way, Catterick Village Tammy Anderson, 26 Hambleton Road, Catterick Garrison David Cross, 11 St Oswalds Close, Catterick Garrison Jack Wright, 44 Olav Road, Richmond Joanne Davies, 4 Gaul Road, Catterick Garrison James Matthews, 34 Oak Tree Avenue, Scotton Charlene Boila, 3 Tumbledown Close, Catterick Garrison Daniel Kellaway, 10 ASke Avenue, Richmond Summary of points made : • The Garrison cinema and The Station will be totally different and no threat to each other. • Will still use the Station as much as I do now, but will probably go to Catterick in preference to Teeside. • Have been waiting for a long time for the range of retail and other facilities closer to home – it shouldn’t be abandoned now. • The longer term needs of residents should be taken into account. • Much needed in the local area – people currently travel to Teeside Park for the cinema and shopping facilities. • It’s about time the Garrison had a decent cinema, so we don’t have to travel 15 or 20 miles to see a movie. • A full cinema local to Catterick will be highly beneficial. Providing young people and those who do not have transport the ability to visit the cinema on a more frequent basis. The Station is local but the showings are poor. Support proper entertainment local to the biggest military base in Europe. Children and youngsters have a hard time being in military families, this would only benefit them more. • This would bring more jobs to the area, which is what is needed. Objectors to the Proposal Michael Heseltine, 22 St. Trinians Drive, Richmond Oliver Leatham, Leyburn Hall, Leyburn Robert Hall, Dale View West, East Lane, Castle Bolton Catherine Lawrence, 6 Victoria Terrace, Bedale John Allinson (by e-mail – no address given) The Marquess of Zetland, The Orangery, Aske Helen Harper, Manor House, High Green, Catterick Village

Caroline Chapman, (by e-mail – no address given) D J Williams, Richmond Gail Barlow, (by e-mail – no address given) Philippa Graves, (by e-mail – no address given) Judith Ward, 4 Easby Court, Easby Diana Thomas, Maypole Cottage, The Green, Middleton Tyas Eric Flint, 4 Lawrence Cresent, Richmond Mary Bell, 5 Curlew Crescent, Scotton Angela Kinchin, 2 Neville Walk, Richmond (2 letters) Emma Dunwoodie, 27 Laburnum Grove, Richmond Tony Dytrych-Cowell, 14 Sycamore Avenue, Richmond Thea Treweek, 22 Gordon Crescent, Richmond Emma Hogarth, Flat 7, 9 Bargate, Richmond Heather Waters, 39 Somerset Close, Catterick Garrison J I Ramsay, Rook House, High Row, East Cowton Pauline Iveson, Hawes Miles C Hunter, (by e-mail – no address given) Alan and Audrey Lomax, 21 Gallowgate, Richmond Judith Haslam, 43 High Street, Catterick Village Bridget Tomlinson, (by e-mail – no address given) Gaynor Pearson, Masham Peta Robinson, 16 Alma Place, Richmond Gary Treweek, 22 Gordon Crescent, Richmond Jemma Ferguson-Gale, (by e-mail – no address given) Ann Luxmoore, (by e-mail – no address given) Deirdre Edgar, (by e-mail – no address given) Robert and Zoe Campbell, (by e-mail – no address given) Dennis and Elizabeth Graves, 7 Mill Close, Ravensworth Scott Woodhead, 18 Ronaldshay Drive, Richmond Daniel Jones, The Holt, Hospital Road, Scorton Robert Sampson, First House, School Lane, Newton le Willows C D Chitty, 11 Newbiggin, Richmond John Culpan, (by e-mail – no address given) H Nicholson, Scorton Nicky, (by e-mail – no surname or address given) Robert Finch, 29 Castle Hill, Richmond Mr and Mrs G Burgham, Darlington John Dixon, The Old Police Station, Aiskew Bank, Bedale Bernadine King, The Old Police Station, Aiskew Bank, Bedale Debbie Allinson, 7 Aske Avenue, Richmond Helen Staley, (by e-mail – no address given) John Ward and Caroline Woodroffe, Richmond Elizabeth Deacon, 10 Wathcote Close, Richmond Anne Wicks, 2 Chandler Close, Richmond A Wilkie, (by e-mail – no address given) Gwyneth Wright, (by e-mail – no address given) Anne Botterill, Station House, Rimington Avenue, Richmond Stewart Wilson, Rose Cottage, Melmerby, Leyburn Delphine and Ben Ruston, 79 Bolton Avenue, Richmond David Barraclough, 24 Gower Road, Richmond Robert Rafferty, 3 Queens Close, Catterick Village Mark Edon, 17 Finkle Street, Richmond Stephen Main, 10 Stapleton Close, Bedale Nigel William Grey, (by e-mail – no address given)

Angela Hancock-Greene, (by e-mail – no address given) Stephen Guy, 44 Churchill Road, Barnard Castle John Harris, 20 Ronaldshay Drive, Richmond Isobel and Ian Short, 8 The Green, Richmond Gill Mitchell, 38 Dale Grove, Leyburn Jennifer Patrick, 1 Roper Court, Richmond Caroline Brannigan, 1 Atkinson Avenue, Richmond Freda Dykes and Mr. A A Dykes, 37 Conan Drive, Richmond Peter Collis, Brassington House, Smithgutter Lane, Middleton Tyas Beryl Digan, (by e-mail – no address given) Jill Welham, 18 Scots Dyke Close, Melsonby Susannah Bateman, 38 Ravensworth Margaret Tickner, 8 Ash Croft, Catterick Village Peter Lewis, Unit 10B, Aske Daniel Temple, 38 Newbiggin, Richmond Martyn and Anne Vann, 3 Mile Planting, Richmond John Haslam, 43 High Street, Catterick Village Helen Heads, West Layton Farm, West Lane, West Layton Mrs M Cookson-Carter, The Firs, Burtersett Road, Hawes Jennifer Cathcart, 2 Moorside Road, Richmond Emily Fraser, 12 Cunningham Road, Catterick Garrison Clive Beeton, 13 Cross Lanes, Richmond Sandy Cunningham and Eithne Henson, (by e-mail – no address given) Carolyn Vann, 10 White Lands, Richmond Shirley Southcott, 35 St Nicholas Drive, Richmond Alyson Down, 19 Sycamore Avenue, Richmond Mrs S Stevenson, 53 High Green, Catterick Village B and J Thwaites, 72 Richmond Road, Catterick Garrison Judith Clarke, 5 Cornforth Hill, Richmond Sharon J Brewer and James H Ramage, Flat 2, 10B Frenchgate, Richmond Susan Martel, Tamworth House, Ladywell Court, Melsonby Judy Moorhouse OBE, 67 Frenchgate, Richmond Baroness Harris of Richmond DL, House of Lords, London The Earl of Ronaldshay, Aske Hall Iris Volborth, 24 Grey Friars, Richmond Marjorie Soloman, 20 Lyons Road, Richmond Simon Scott-Priestley, (by e-mail – no address given) Bev Joicey, 11 Roper Court, Richmond Wendy Joicey, 11 Roper Court, Richmond Jan Montgomery, 25 Stanley Grove, Richmond Ann Marie and Michael Robinson, (by e-mail – no address given) Ann Campbell, The Mill, Arkengathdale Pauline Murphy, Richmond Dr David Evans, (by e-mail – no address given) Anne Frizell, 16 Hurgill Road, Richmond Annet Willan, Ripon J G Connors, (by e-mail – no address given) Mr and Mrs S J Rigby, 7 Ronaldshay Drive Anne Brenkley, (by e-mail – no address given) Jill and John Rowson, (by e-mail – no address given) Joanne Thomas, (by e-mail – no address given) Will and Hazel Pratt, (by e-mail – no address given) Carol Gill, (by e-mail – no address given) Leith McRobert, 41 Park View, Leyburn

John and Val Gill, Bedale Debbie Blenkiron, Highgate House, Hudswell Dr and Mrs G S Brownlee, Church View, Hornby Jennifer Pearson, (by e-mail – no address given) Susan Marshall, (by e-mail – no address given) Peter Pearson, (by e-mail – no address given) Brig (Retd) Mark Conroy, (by e-mail – no address given) Jodi Pennington, (by e-mail – no address given) Christine Jones, Middleton Tyas Tarn McKay, (by e-mail – no address given) Charlotte Strickland, (by e-mail – no address given) Jeremy Morragh-Ryan, (by e-mail – no address given) Gillian Howells, 13 Maison Dieu, Richmond Colin Grant (former Richmond Town Manager), Colburn Jim Jack (former Chair, Richmondshire Building Preservation Trust), Alleston, 6 Gallowfields Road, Richmond Jane Gallogly and Ian Woodcock, Seasons Café Bar, The Station Donald and Nina Cline, 68 Frenchgate, Richmond Angela Atkinson, (by e-mail – no address given) Christine A Godden, Lane End, School Lane, Newton le Willows J K Godden, Lane End, School Lane, Newton le Willows Dorothy E Clague, Castle Cottage, Castle Hill, Richmond Stephen Cook, The Garden House, 4 Cravengate, Richmond Dave Dalton, Swale Cottage, Station Road, Richmond Christopher Stevens OBE, (by e-mail – no address given) Jill Hutchinson, Richmond Lt. Col. Paul Crosbie, (by e-mail – no address given) Ian & Val Hepworth, Manor House, 43 Richmond Road, Skeeby David Charlton, 35 Dale Way, Leyburn Zoe Rhymes, 35 Rutland Close, Catterick Garrison Lisa Bullock, 2 Bedford Close, Catterick Garrison Mark Farrow, 30 Blenheim Close, Scorton Robert Walter, 11 High Street, Gilling West Anna Hillyard, 9 Station Cottages, Richmond Lisa Potts, The Castle Tavern, 3 Market Place, Richmond D Farrar, Home Farm Cottage, Hudswell Avril Proudlock, 36 Moor Road, Melsonby John Peters, 3 Station Cottages, Gatherley Road, Brompton on Swale Charlotte Crowe, Ralph Fitz Randal, 6 Queens Road, Richmond Barry Heap, 15 St Nicholas Close, Richmond Melva Steckles (Chair, Richmond & Lower Swaledale Business Association) Summary of points made : • The increase from 5 to 7 screens would be severely detrimental to the on-going success and survival of The Station Cinema which is important to the conservation of The Station as a whole. • The larger cinema would be damaging to the newly opened arts/cinema club in Leyburn. • A seven screen complex with additional seating is now a direct threat to an established local amenity and business created by local people for local people. Without the cinema facility the viability of the whole is jeopardised. • Not only would the viability of the Station Cinema be threatened, the knock-on effect would reduce the income to the Richmondshire Building Preservation Trust as the owners of The Station which provides an important resource for the

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whole community; a tourist attraction; and provides a significant number of jobs (over 65 full and part time - tenancies included). The Station Cinema did not originally object to a five screen cinema, but seven screens with additional seating capacity is a threat to an established local business. The original impact assessment accompanying the application did not mention or take into account the creation of a new multiplex in Darlington, plus provision in Ripon, Leyburn and Barnard Castle or additional seating in the new Screen 3 at The Station. The resulting assertion that the area is ‘under-served’ is therefore tenuous. There is not sufficient capacity for the scale of development now proposed. Not only do The Station show commercial as well as cultural productions (i.e. ballet, opera and National Theatre), it has become an attractive social hub, with a restaurant and small shops. Richmond is a tourist centre and such an attractive building used in this way needs to be nurtured and not destroyed by bigger commercial operations. If this development were allowed to proceed it would be another nail in the coffin of a vibrant and lively Richmond town. The importance of delivering a balanced and mutually beneficial development for both Catterick Garrison and Richmond should not be lost and a line should be drawn at a maximum five screen cinema. The Station Cinema offers a wide range of films that appeal to all ages and tastes, not just the specialist films or older people as suggested in this proposal. The catchment population and scope for additional cinema provision is significantly overstated by the application. Approving this application would not be in the spirit of the Council’s objective to support sustainable businesses. The Council should be doing all that it can to support The Station and its role in the life and economy of the town. The A1 upgrade is likely to result in increased traffic flow along the A6136. The increased number of users attracted to the planned cinema will increase the probability of gridlock and a significant impact to local businesses. Approval of this scheme would cause a most unfortunate domino effect – the Station Cinema would struggle as a result of fewer patrons. Fewer patrons would mean less visitors to the restaurant and shops in The Station. Reduced popularity of The Station would have a huge financial impact on the town of Richmond, which has no industry other than tourism to provide employment. A cinema in the Garrison Town Centre would be a welcome amenity for the residents and there was no objection to the original proposal for five screens, but this proposal is now too large and would have a wide impact on other cinema provision. Correspondence in the Darlington & Stockton Times from an experienced former cinema owner suggests that 10 screens in the District are not viable. Other recent correspondence in the local press should also be taken into account. Consideration must be given to the wider impact on Richmond and other market towns in the District which cannot compete on ‘a level playing field’ because the Garrison Town Centre has free parking whereas parking is charged for elsewhere. The role of the Garrison area is to complement the role and function of Richmond. Whilst it would be wrong to protect any business from competition through the planning system, it would also be entirely inconsistent with the

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Council’s own planning policies and detrimental to Richmond to grant permission for a seven screen cinema. The Station Cinema serves a wide market, both in terms of the films it shows and its catchment, which has included families from Catterick Garrison right from the outset. The Station is a major resident service and a major tourist attraction in the District attracting over 330,000 visitors per year. Closure of The Station Cinema would not only reduce these numbers, but also signal that the use of this space for cinema in the future would not be viable. Potential closure of The Station Cinema would reduce choice for residents in Richmond – particularly those who cannot drive or are not confident at night i.e. the under 17 year olds and senior citizens in the town. Although a five screen cinema would present a huge challenge to The Station Cinema in terms of new release film scheduling, it could also offer films to a slightly more niche market that would not be screened at Catterick Garrison. However, a larger seven screen cinema would result in almost all of these films being screened there which would monopolise the market. Cinemagoers represent the largest segment of Seasons visitor numbers and therefore could have a potentially catastrophic effect on the business. Season’s rent is calculated on a percentage of turnover. If this turnover is reduced due to less visitors to The Station and therefore less visitors to Seasons, this would also dramatically affect the income to the charitable trust operating the building. Although Catterick Garrison is currently under provided for cinema screens, the multiplex of 5 screens already agreed more than makes up that deficiency. However 7 screens would be significant over-provision on any reasonable count. The cinema sector as an anchor for the Catterick Garrison Town Centre development equally applies to the Richmond Station leisure complex, which itself is a very significant anchor for Richmond and its tourism. The area doesn’t need another 7 cinema screens – there should be something different like an ice rink or bowling alley. The Richmond Station facility is important to Richmond and the Station Cinema is important to this facility. The Station has created a great sense of community in the area which I doubt a multiplex at Catterick Garrison would do. A seven screen cinema at the Garrison would be a deplorable imposition on The Station which is mostly run by volunteers and was engendered by the hard work and sheer doggedness of the local community in the face of adversity. For small local businesses to succeed in the face of the might of the MoD can be gruelling. This application is an illustration of the unhindered dominance of the MoD over our small local businesses. Please refuse this application and protect our local businesses.

6.13 The proposal has been publicised as a “major” development by a public notice displayed at the site and in the local newspaper.

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Planning Issues Policy Considerations

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The full list of relevant policies is set out in Section 4 above. This section deals with the key policy requirements that have the greatest bearing on the consideration of this application. The National Planning Policy Framework (NPPF) is committed to competitive town centre environments that provide customer choice and a diverse retail offer reflecting the individuality of town centres. New town centre uses should be located within existing town centres. The NPPF emphasises the commitment to securing sustainable economic growth in order to create jobs and prosperity with significant weight being given to this factor. New developments generating significant amounts of transport movement should take opportunities to deliver sustainable transport modes; provide safe and suitable access for all people; and bring cost effective solutions to significant transport impacts arising from the development. The NPPF attaches great importance to the design of the built environment which is a key aspect of sustainable development contributing positively to making places better for people. New developments should : • • • • • • function well and add to the overall quality of the area for the lifetime of the development; establish a strong sense of place; optimise the potential of the site with an appropriate mix of uses (including green and public space); respond to local character and identity; create safe and accessible environments; and, be visually attractive through good architecture and appropriate landscaping.

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At the local level, Policy 79 of the “old” Local Plan gives priority to the expansion of appropriate uses within the designated town centre area at Catterick Garrison. It also seeks to maximise the scope for safe use of the area by pedestrians and to enhance its visual quality through the design and layout of new development. Acknowledging that town centres in the area are small and with limited facilities, Policy 80 of the Plan imposes an additional test for new shopping developments greater than 1500 sq. m. to demonstrate that they will not undermine the vitality and viability of existing centres within or outside Richmondshire. The new Core Strategy Submission Document retains the emphasis on supporting the expansion of appropriate retail and commercial uses in the Garrison Town Centre. Catterick and Richmond should both act in a complementary manner to provide the main focus for shopping, leisure and other facilities. The spatial strategy for the central sub-area supports the strategic growth of Catterick Garrison and the delivery of town centre development including the provision of major comparison goods retailing which : • • • • • creates a balanced and thriving town centre with excellent services and facilities; protects and enhances the vitality and viability of the Garrison town centre and its ‘Principal Town’ role; provides for District and local needs; enables the provision of services and facilities that can be shared with Richmond; integrates with local communities;

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provides the required transportation infrastructure and improves sustainable transport connections with neighbouring communities and between the two centres of Richmond and Catterick Garrison; and, provides high quality development and public realm.

Policy CP2 of the Core Strategy expects all new non-residential development of 1,000 square metres or more to meet the BREEAM ‘very good’ level and developments should have particular regard to specific climate change adaptation measures. Policy CP9 also emphasises the importance of the role of Catterick Garrison in meeting the District’s retail and leisure needs with particular support to be given to development that : • • • enhances the District’s hotel, leisure and retail offer and enables the accommodation of large format retailers; improves transport infrastructure, sustainable transport links, and pedestrian routes; and, delivers environmental improvements.

The policy also supports retail and other appropriate uses within the local town centres which are of a scale appropriate to the role of the particular centre concerned and which respects the character of the environment. Developments of more than 500 sq. m. need to demonstrate that they will not adversely impact on the role, vitality and viability of the District’s town centres or on existing, committed and planned public and private investment in a centre or centres in the catchment area of the proposal. Policy CP10 also supports the provision of medium to large scale hotel accommodation at Catterick Garrison where a need has been identified and where it does not affect the character and appearance of the settlement. 7.7 Policy CP13 promotes high quality design including sustainable construction principles which policy CP14 expects developments to provide, or enable the provision of, the infrastructure made necessary by that development. Context of this Proposal The application seeks to change one part of the larger “Town Centre” development that was approved in October last year. The remainder of that development is unaffected by this proposal and, if approved, it is intended that the development would still be undertaken as a single scheme. In dealing with the larger development consideration was given to broader issues such as : • • • • • • • • • • • • • • retail impact; capacity of infrastructure to serve the development; drainage and flood risk; land quality and contamination; transportation, access, highway and pedestrian safety; landscape and townscape impacts; urban design and the public realm; sustainability and climate change; accessibility, crime and disorder and community safety; employment opportunities and socio-economic benefits; effect on sport and recreation provision; ecology; lighting and light pollution; and, effect on neighbours and town centre residents.

7.8

For most of these issues, this revised proposal does not make any significant change to the matters that were considered previously and so these issues do not need to be addressed again. If permission were to be granted, then planning conditions could be used to ensure that the development was undertaken only in association with the larger scheme and not in isolation so as to ensure both delivery of the whole development and the associated infrastructure which is also integral to this revised part of the wider whole. 7.9 It has long been acknowledged that there is a significant amount of expenditure that is being lost from Richmondshire’s economy to the surrounding centres of Darlington, Northallerton and elsewhere. The provision of a new “Town Centre” at Catterick Garrison which is complementary in its relationship to Richmond is a key objective of the Local Plan Core Strategy and this would be delivered by the scheme that was approved last year. Consideration now needs to be given as to whether the proposed changes would still ensure that the roles of each centre are complementary; whether the increased size of the proposed cinema would harm the vitality and viability of Richmond or other centres; whether the larger development can still be accommodated in terms of transport infrastructure; the design and appearance of the building including it’s broader context; and also the implications for the wider Richmondshire economy.

Potential Impacts/Benefits Affecting Other Nearby Town Centres 7.10 The application is accompanied by a Cinema Capacity and Impact Assessment which seeks to establish whether there is sufficient capacity to support a multiplex cinema with 7 screens and 848 seats as now proposed. The document which was submitted with the application had taken a base date that did not reflect recent changes in cinema provision and the potential inaccuracies that this might cause in the assessment of capacity were referred to widely in consultation responses and representations received. 7.11 Consequently a revised document was prepared on behalf of the applicants and this now supercedes the previous submission. A copy of the assessment is provided for Members’ consideration within Appendix 1 of this report. It examines trends in cinema provision and admissions in recent years; local cinema provision within a defined catchment area; the capacity for additional provision within that catchment; and the potential impact of the scale of development now proposed. 7.12 The assessment concludes that the catchment of the proposed cinema would be around 91,000 people based on 2011 census population levels, rising to 97,000 by 2018. This includes an area around Northallerton on the basis that there is currently limited provision there and an assumption that people will be attracted to a multiplex at Catterick Garrison which would be further assisted by enhanced accessibility arising from the A1 upgrade and new Catterick junction. Whilst the proposed cinema might attract some custom from that area, I do believe that this is over-estimated. Northallerton has far better and quicker links to Darlington and Teesside than it does to Catterick Garrison and that will still be the case on completion of the A1 upgrade. The new multiplex in Darlington that is expected to open in late 2015 would, I believe, be far more accessible and attractive to cinema customers seeking a multiplex experience from that part of the catchment than a similar (and smaller) facility at Catterick. There are also particularly good links between Northallerton and cinema facilities at Teesside. Consequently I believe that the assessment has probably over-estimated the catchment area and customer base by something in the order of 15,000 – 18,000. Therefore, whilst the capacity

assessment concludes that a 7 screen cinema could be supported, that is likely to be over-optimistic and in reality the capacity is probably no more than 6 screens. 7.13 The assessment acknowledges that the proximity of the cinemas in Richmond and Leyburn does mean that they could potentially experience some loss of trade from the development that is proposed, but suggests that because of their very different size and character to the proposed multiplex they are likely to show different types of films and should appeal to different audiences. Whilst the cinemas in Richmond and Leyburn would undoubtedly provide a different, and perhaps complimentary, experience to a multiplex at Catterick Garrison, evidence from The Station Cinema operator (see Appendix 3) suggests that there would be a far greater overlap in provision than is accounted for in the assessment. Seven out of the ten films that have been most successful at The Station in 2013 have been children’s/family films. Consequently their opinion is that a seven screen cinema at Catterick Garrison would have the capability to screen all the films that are successful at The Station and thereby meet the needs of local cinemagoers. 7.14 It is not the role of the planning system to protect any individual business from competition, and in most situations elsewhere a development in one town centre would hardly ever be considered to have an unacceptable impact on the vitality and viability of another town centre. National planning policy is very supportive of town centres and positively encourages the approval of appropriate development in any designated centre as part of the overall presumption in favour of sustainable development. The NPPF seeks to deliver competitive town centre environments that provide customer choice. It is the case, however, that the great majority of town centres are more self-contained, further apart and more well established than is the case with Richmond and Catterick Garrison. Consequently local policy (now expressed through the Local Plan Core Strategy) takes a somewhat more precautionary approach and looks to deliver development in one centre that would complement the other. 7.15 Whilst The Station Cinema is undoubtedly an important local business, the likelihood that the proposed development would compete with it is not sufficient in itself to warrant rejection of this proposal. It is, however, an important component within The Station as a whole, and although The Station is slightly separate geographically from the town centre of Richmond, it has become an important element of the local offer and undoubtedly contributes positively to the vitality and viability of Richmond’s centre as a whole. Evidence from the Richmondshire Building Preservation Trust (as managers of The Station) as well as from the Richmond and Lower Swaledale Business Association and others who have made representations in relation to this proposal, underlines that point. There is clearly concern that the viability of The Station might be undermined by the larger cinema proposed at Catterick Garrison and as a result its contribution to Richmond town centre as a whole may be diminished or lost. 7.16 These very strong concerns and the potential impact on The Station as a whole have been increasingly acknowledged by the applicants since the application was submitted and as consultee views have emerged. Accordingly, they have responded (see Appendix 2) with a proposal to mitigate the initial impact by providing financial support for The Station to the tune of £75,000 over the first five years from the Garrison development opening which would be available to the Building Preservation Trust through an escrow account to meet their operating / administration and building maintenance costs. The applicants have also since indicated that, if preferred, the payment of sums from that account could be “front-

loaded” up to £30,000 for each of the first two years so as to provide greater mitigation at the point when the greatest impact might be felt. The fund would be administered by the Council, but could be used by The Station in such a way as to allow The Station as a whole to be managed in ways that would mitigate the initial impact and thereafter re-position itself during the initial years of the new development at Catterick Garrison. This would be similar to the contribution previously secured as part of the approved town centre development for a tourist / business information point facility within the scheme and also the ‘Princes Gate’ community initiative which are to be provided in mitigation of specific impacts arising from the development. 7.17 The Building Preservation Trust have so far not accepted this offer of support, but in the event of that position changing in any way I will update Members of any further response prior to the meeting. Transport Infrastructure 7.18 Although not featuring strongly in representations received regarding this revised proposal, some concern has nevertheless been expressed regarding the increased potential for traffic movements and congestion on local roads (particularly the A6136) arising from the increased size of the cinema. The larger town centre scheme and its associated transportation implications was developed in close consultation with North Yorkshire County Council as the Highway Authority and supported by a detailed Transport Assessment and accompanying Framework Travel Plan. The transportation implications were also fully considered in the context of a Garrison-wide traffic and transport model looking ahead to 2020 along with an overall traffic management strategy to ensure that the ‘bigger picture’ had also been taken into consideration. Full consideration was also given to accessibility by public transport, pedestrian connections and the relationship to the extensive Garrison cycle route network. Particularly close attention was paid to the impact of the development on the A6108 and provision was made for a number of improvements to the local transportation infrastructure which would be delivered alongside the development. 7.19 Transport infrastructure improvements to the A6136 would only be delivered if the town centre development as a whole is to proceed. The approved scheme includes provision for the MoD to make land available at the ‘White Shops’ junction for improvement works to be carried out there, along with direct improvements to the Richmond Road/Gough Road junction. Both of these would significantly improve the capacity of these key local junctions on the A6136 and are associated with the wider improvement scheme for this strategic highway infrastructure that is currently the subject of a bid for Local Enterprise Partnership (LEP) funding. Without the town centre scheme, these key improvements will not take place. Furthermore, the LEP bid is closely dependant upon delivery of both the town centre scheme itself (for its economic benefits) and the associated infrastructure improvements. 7.20 This revised application is supported by an updated assessment of trip generation rates arising from the increased number of seats proposed for the cinema (albeit that the actual floorspace of the building which had previously been used for the assessment of trip rates would be less in the proposed scheme). It also assesses the effects of the proposed change on parking demand in relation to the parking capacity (385 new spaces) provided by the approved scheme. The assessment concludes that the proposed change would not result in any material or significant increase in trip rates or parking demand, or noticeable additional impact on the operation of local transport infrastructure networks.

7.21 The Highway Authority have considered the proposed changes along with the applicants’ assessment of the effects on transport infrastructure and they have advised that the proposal is still acceptable in terms of transport infrastructure providing this particular part of the development takes place in association with the remainder of the approved scheme. Design and Appearance 7.22 The design approach taken for this building is similar to the concept of the earlier scheme for this part of the site. Changes to the internal layout mean that the main part of the building would be approximately 2 metres lower than the approved building, albeit that the raised portion would be around 0.7 metre higher. The ground floor containing the proposed restaurants and cinema foyer entrance adopts the same design approach and materials as the remainder of the town centre scheme and would provide a ‘frontage’ behind a landscaped forecourt to this part of Gough Road. The development would take the same approach to sustainable building design, construction and operation as was previously approved for this part of the original scheme. 7.23 Along with the hotel that is approved in the eastern part of the larger site, this remains a large structure that would be located as a prominent focal point. The cinema would still be significantly larger and more prominent than any existing buildings in the town centre where many buildings are essentially of two storey domestic scale. The Tesco store and the sport and leisure centre are the closest parallels in terms of height and scale, but in comparison these are set down or back from the roadside so that they tend to be less imposing than the proposed new building would be. Through the granting of the earlier planning permission, a building of this scale has already been considered to be appropriate in this location and as part of the larger development. This is, after all, an urban town centre location that has changed quite significantly in recent years and would continue to do so with the addition of the proposed development. In coming to that view, Members acknowledged and recognised the scale and nature of the change that a building of this size would bring to the character and appearance of the town centre. Economic and Employment Implications 7.24 This particular development in its proposed revised form is anticipated to provide 15 full time and 15 part time jobs (23 fte jobs). In considering the previous proposal for the town centre scheme as a whole, it was recognised that it would undoubtedly support and enhance the economy of the Town Centre at Catterick Garrison with knock-on benefits for the settlement and wider area. The development as a whole has been predicted to generate up to 700 new full time equivalent jobs in addition to those that would arise during the construction phase. In recognising that this prediction may possibly be an optimistic assessment, it was nevertheless previously acknowledged by Members that this would make a very significant contribution to employment opportunities in the wider Richmondshire area whilst at the same time complementing the military employment at Catterick Garrison and providing opportunities in particular for dependants of military families. 7.25 Job creation and employment benefit are material considerations to which appropriate weight should be given. Similarly, the potential for reduction in employment opportunities that might arise elsewhere as a result of a development may also be taken into consideration, but the weight given to that has to reflect the fact that, at this point in time, there is much less certainty in those assumptions. Such impact might also be mitigated by the offer of support towards the running of

The Station made by the applicants to the Richmondshire Building Preservation Trust. 7.26 A further factor which clearly does require careful and very serious consideration is the significance of the enlarged cinema to the viability of the Catterick Garrison “Town Centre” scheme as a whole. The further submissions made by the applicants (see Appendix 2) make it very clear that the delivery of the current “Town Centre” scheme is entirely dependant upon the scale of cinema that is now proposed. The cinema is an integral anchor to the “Town Centre” development and binds together the retail, leisure and restaurant elements. Without this revised part of the scheme the key anchor occupiers will be lost and the whole “Town Centre” development will simply collapse. The solicitors acting for the prospective developers have also written (see Appendix 2) to underline and give weight to this scenario. They too confirm that without the revised cinema proposal the key tenants of the “Town Centre” scheme would be lost without scope for renegotiating their leases. 7.27 Consequently, the economic and employment implications of this revised scheme are far greater than the changes that might result from the cinema development itself, thereby increasing the degree of weight that Members might otherwise be inclined to give to this factor. In some eyes this might be seen as presenting the Planning Authority with an extremely difficult choice, but Members should understand and appreciate that this is not something that has been deliberately engineered – rather it is an outcome of particular circumstances that could not be avoided. The prospective developers of the scheme have made it very clear that they would be very happy to go ahead with the size of cinema previously approved, but unfortunately there is no longer an operator that is prepared to take such a scheme. The applicants have exhausted all other possibilities and have only one potential operator remaining whose business model will only support a seven (not five) screen cinema. 7.28 Whilst that in itself would not generally warrant great weight, what does increase the significance of this issue as a material consideration is the connection between the delivery of a cinema as part of the larger development and the ability to attract not only operators of the closely associated food and drink units in the scheme, but also the key retailers and the hotel that are currently part of the development. In essence, with no cinema the current “Town Centre” scheme would be undeliverable for the foreseeable future and even then would not again attract the same quality of retail or leisure operators. There are a series of interdependencies related to the town centre development which mean that it is the one key strategic development that will both provide direct economic benefits whilst at the same time making it possible to deliver other associated development and infrastructure. If the town centre development did not go ahead, then it would set strategic growth for Richmondshire back by at least 5 years. Whilst this presents Members with a very difficult set of circumstances indeed to consider, it does undoubtedly also mean that the actual loss of economic benefit and employment opportunities assumes far greater significance. 8.0 8.1 Conclusions and Recommendation This application looks to make changes to part of a wider “Town Centre” scheme for which planning permission was granted in October last year and which would deliver a pivotal element of the Council’s development strategy. The main change

now proposed is to replace the previously approved five screen cinema with a seven screen facility. 8.2 Whilst the accompanying Impact Assessment concludes that there is local capacity for the increased provision, this is considered to have over-estimated the potential catchment area and population so that in practice the capacity is likely to be less than this. A considerable amount of objection (almost 160 individual representations) has been received to the proposal and the main reason for this is the anticipated impact on facilities at The Station which contributes to the vitality and viability of the wider Richmond town centre. In recognition of the potential for some impact and to make the development more complementary with Richmond town centre, the applicants have separately made an offer for provision of financial support to the Building Preservation Trust for the running and maintenance of The Station over a period of 5 years to assist in mitigating effects from the development. The Preservation Trust have so far not accepted the principle of such an approach. On the other hand, there is a significant body of opinion from the local community (around 50 individual representations) in favour of this proposal. The revised scheme can be accommodated within the improved transportation infrastructure that would be provided as part of, and in association with, the wider “Town Centre” scheme and the proposed approach to building design and sustainable construction is comparable to the remainder of that scheme. It has been made clear beyond any doubt that the proposed cinema is an integral anchor to delivery of the wider “Town Centre” development and binds together the other retail, leisure and restaurant elements. Although it was previously anticipated that a smaller cinema would form part of the “Town Centre” scheme, subsequent changes in circumstances that could not be foreseen mean that there is now no other way of bringing forward a cinema other than in this larger format and without this revised part of the scheme the key anchor occupiers for the “Town Centre” will be lost and the whole development will simply collapse. That development is expected to generate up to 700 new full time equivalent jobs in addition to those that would arise during the construction phase. The development would also bring a range of other economic and sustainability benefits, both in its own right and to the wider Richmondshire area. If the “Town Centre” development did not go ahead, then it would set strategic growth for Richmondshire back by at least 5 years. This is an important material consideration to which very significant weight should be attached in determining the current application. Whilst there are difficult and potentially conflicting issues and material considerations that have to be carefully taken into account and weighed In the balance in determining this application, the overall balance lies clearly in favour of supporting this scheme which would assist in fulfilling relevant policies of the Development Plan and accord with the National Planning Policy Framework. For the reasons set out in paragraphs 8.1 to 8.5 above (and noting that the matter of a financial contribution to the Richmondshire Building Preservation Trust from the development which would support the running and maintenance of The Station has been made as a separate matter between the parties outside of the planning process and is not an essential pre-requisite for the development to be acceptable in planning terms), it is recommended that conditional planning permission be granted.

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8.7

In addition to standard planning conditions covering matters including submission and approval of specific details of works, ensuring implementation of the development in accordance with the approved particulars and plans, etc, it is also recommended that the following further matters be covered by conditions to be imposed on the grant of this permission : • • the development not to commence in advance of, or in isolation from, the remainder of the town centre scheme as previously approved; confirmation of the uses approved as part of the permission with restrictions to preclude subsequent internal alterations following completion of the development that would increase the number of approved cinema screens; submission and approval of a detailed scheme for sustainable building design, construction and operation.

Contact Officer:

Peter Featherstone – Ext. 01748 901121

List of Background Papers: Application forms, plans, covering letter, certificates. Other material submitted with the application. Further correspondence with the applicant/agent. Details of consultation and neighbour notification. Consultation replies. Other representations received. Previous planning history. File Reference: 14/00025/FULL

Appendices: Appendix 1 : Extracts from the submitted plans and proposals (including Design and Access Statement; and the revised Cinema Capacity Impact Assessment) Appendix 2 : Further supporting submissions on behalf of the applicants Appendix 3 : Consultation responses from : • Richmond and Lower Swaledale Business Association • The Station Cinema Planning Committee : 1 April 2014.

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Catterick Garrison Town Centre Proposed Multiplex Cinema (7 Screens) Supporting Statement

Prepared by GPA Ltd for Catterick (Lingfield Ltd – JV Partnership

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Catterick Garrison Town Centre Reapplication for Multiplex Cinema (7 Screens) Supporting Statement
1 Despite one of the worst economic recessions in history, the JV Partnership behind the Catterick Garrison Town Centre Scheme, (Lingfield ) Catterick Ltd, have made huge progress over the past 12 months, and have put in place a programme for the construction of the town centre to commence on 22 April 2014, with an anticipated opening planned for Easter 2015. This application for a multiplex (7 screen) cinema represents the final and most critical hurdle to be addressed prior to letting of the construction contracts. Without this permission the JV partnership will lose the vast majority of its key anchor occupiers and the scheme will collapse.

2

Following the decision of the Planning Committee to grant detailed planning consent on 30 July 2013, the JV Partnership embarked on a programme to finalise leases with identified tenants, which included a cinema operator for the five (5) screen cinema. Unfortunately, the proposed cinema operator decided to pull out of negotiations due to changes in their corporate plan. After a period of intense marketing an alternative cinema operator with a strong covenant was identified, but this operator would only agree to take up the offer of a lease on the basis of a multiplex cinema with seven (7) screens and 848 seats. Following discussion with RDC it was acknowledged that a new application would be required to change the current permission for a 5 screen cinema, even though the total floorspace of the new cinema block would be slightly less than the existing permission (ie 1,725 sqm compared to 1827 sqm). In accordance with the JV Partnership's principled approach to ensure full and effective consultation with local stakeholders and other interested parties, the JV Partnership informed the Station Cinema operator of the situation and revised plans prior to the submission of the application. The Station Cinema Operator then chose to lodge a pre application objection, publicised on their website encouraging further local objections to be lodged. We would remind the Committee of the 480 letters of support (97%) which were received as a result of the public consultation held in early May 2013 in connection with the Catterick Town Centre scheme of which the cinema is a fundamental and integral part. Many of these letters of support noted the positive benefits that the Catterick Garrison Town Centre would bring to the area in terms of new job opportunities, the reduced need to travel to Darlington for shopping and leisure activities, and also noting that it would be a positive benefit for children and young people. A cinema complex at Ctterick Garrison has been an aspiration of local people for some time. We recognise that the Station has a key role to play in Richmond's offer and the JV Partnership has subsequently met with representatives of the Richmondshire Buildings Preservation Trust (which owns the Cinema building) and the Station Cinema Operator on two occasions, the second occasion also included the Planning Case Officer at RDC to
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Catterick Garrison Town Centre Proposed Multiplex Cinema (7 Screens) Supporting Statement

Prepared by GPA Ltd for Catterick (Lingfield Ltd – JV Partnership

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explore their concerns and to try and find a consensus on a way forward which addresses the interests of all parties. 7 During discussions, the Station noted that a five screen cinema was accepted as part of the Catterick Town Centre development and that they had actually drawn up plans to install a third screen at the Station cinema after accepting this position. This therefore demonstrates an agreed capacity for at least six further screens in the context of the seven now sought for the Catterick Cinema occupier. In order to allay the concerns of objectors the JV Partnership updated its Cinema Impact Assessment to take into account the provision of additional cinema screens within and adjoining the catchment (planned and in use) since the original application was submitted during May 2013. Based on national and regional cinema provision the impact assessment demonstrates that that there is an under-provision of cinema seats and screens in this part of North Yorkshire. Based on the national average of cinema seats per 100,000 population (1,310) it is calculated that the catchment could sustain around 1,271 seats. Taking into account the number of seats available at Richmond Station Cinema (182 seats) and after making an allowance for another, say 184 seats available at the Leyburn and Northallerton Arts Centre cinemas which operate 2-3 days per week, then there is a net residual capacity for 907 additional seats, equivalent to 7.5 screens, based on 121 seats per screen (Catterick Garrison Cinema proposal). The impact assessment also noted that: • There continues to be considerable growth nationally and regionally in visits to cinemas and which will underpin further expansion of cinema screens; The Catterick Garrison proposal will be in a town centre location, which is in accordance with the National Planning Policy Framework (NPPF) and policies of the Richmondshire Submission Core Strategy; Although the two screen Richmond Station cinema (and the one screen Old School Arts Centre at Leyburn) are 3 and 9 miles away respectively from Catterick Garrison, these two 'cinemas' are very different in size and character to the Catterick Garrison multiplex and are likely to show different types of film and should appeal to different audiences. Some of the objections actually cite 'that the experience offered by a multiplex cinema would be sufficiently different to what The Station Cinema has to offer, that both cinemas should be able to operate'. The Catterick Garrison cinema will have a greater film choice from its seven screens and will have a greater appeal to young families and younger Army personnel at the Garrison, its core catchment area. According to the Richmond Station owner and manager, the Station cinema mainly attracts customers from Richmond, the surrounding villages and also tourists, with proportionately only a limited number of customers from Catterick Garrison. The same is no doubt true for the Leyburn Arts Centre, which has a more local appeal. However both these 'cinemas' and the Catterick Garrison complex should complement each other in terms of appeal and be able to co-exist on a mutually beneficial basis. Together, they should provide a major multi-screen draw for the catchment population, helping to counter the increased attraction of Darlington (outside the catchment), once a

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Catterick Garrison Town Centre Proposed Multiplex Cinema (7 Screens) Supporting Statement

Prepared by GPA Ltd for Catterick (Lingfield Ltd – JV Partnership

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planned 9 screen cinema opens probably during 2015/16; 9 The above analysis does not take into account the lettings of each screen at the Station Cinema for conferences and presentations which already contributes significantly to their customer numbers and income. Again this is a very different offer to that proposed at Catterick Garrison. Notwithstanding the above and having regard to its Corporate Social Responsibilities, the JV Partnership wishes to make a charitable donation to help the Trust and support its activities and this contribution would assist the Trust with its running/administration and building maintenance costs. The JV is prepared to make a lump sum payment of £75,000 set aside in an escrow account (held by Richmondshire District Council) and secured through a Deed of Variation to the existing legally binding S.106 Agreement. This will allow RBPT to drawdown £15,000 pa extending over a five year period and assist it with continuing its excellent work and support in achieving its aims and objectives In preparing this revised application we have had regard to the planning policy framework for leisure developments such as multiplex cinemas in town centre locations. In this context the NPPF, saved policies of the adopted Local Plan and the policies of the Proposed Submission Draft Core Strategy are relevant. With regards to the NPPF Section 2 Ensuring the Vitality of Town Centres (paras 23-27) specifically sets out the policy framework for town centre developments. It states that: • In drawing up Local Plans, local planning authorities should 'recognise town centres at the heart of their communities and pursue policies to support their viability and vitality'; The NPPF further adds that LPAs should 'promote competitive town centres that provide customer choice and a diverse retail offer and which reflect the individuality of town centres'. The new town centre at Catterick Garrison will achieve these objectives by providing additional customer choice and a more diverse retail and leisure offer which cannot be provided in the neighbouring town centres of Leyburn and Richmond due primarily to conservation and heritage constraints. The NPPF also requires LPAs 'to allocate a range of suitable sites to meet the scale, and type of retail, leisure, commercial, office, tourism, cultural, community and residential development needed in town centres. It is important that needs for retail, leisure and other main town centre uses are met in full and are not compromised by limited site availability'. As the proposed cinema site is in a town centre location, the NPPF does not require a sequential test to be undertaken. Also the NPPF does not require impact assessments for proposed town centre schemes which are in accordance with an up to date Local Plan. However, given local concerns regarding the potential impacts of the proposed scheme on the Richmond Station cinema the developer has submitted a Cinema Impact Assessment with the planning application.

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Catterick Garrison Town Centre Proposed Multiplex Cinema (7 Screens) Supporting Statement

Prepared by GPA Ltd for Catterick (Lingfield Ltd – JV Partnership

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With regards to the Richmondshire Submission Core Strategy, which has effectively taken over from the adopted Local Plan, the Spatial Policies of the Core Strategy: • Confirms the status of Catterick Garrison as a principle town and states that 'the development of a new town centre is key to the strategic growth of Catterick Garrison', where housing and employment will be concentrated over the plan period; • The policies also add that the development of Catterick Garrison town centre is a key part of the vision for Richmondshire: 'Historic Richmond and a modern Catterick Garrison Town Centre complement each other in the range of facilities and opportunities they offer to the District'. This is expanded on in Strategic Objective d which states: 'Development in Richmond and Catterick Garrison will promote their complementary roles and provision of facilities. It will recognise their close relationship in terms of provision of services and impact of development in one on the other. The balance of physical development will be concentrated in the Catterick Garrison area rather than in Richmond because of its limited physical scope for expansion.'

14

The J V Partnership recognises that a key theme running through the Core Strategy is for Historic Richmond and a modern Catterick Garrison town centre to complement each other in the range of facilities and opportunities they offer to the District. As noted in para 6 above (bullet point 3) we firmly believe that the two cinema operators will achieve this objective. Significant economic, social and sustainability benefits to the people living in Catterick Garrison, Richmond and Richmondshire will flow from the overall town centre scheme. Specifically: • The town centre project including the multiplex cinema is fundamental to the medium and long term growth prospects for Richmondshire;

15

It is estimated that in total the town centre scheme of Princes Gate will provide around 700 direct jobs as well as additional indirect jobs in supply firms, and attract more visitors to the District, which is predominantly rural in character. This will generate increased spending in the local economy, and ensure the viability and success of many businesses across Richmondshire; It will make a significant contribution to creating a strong, vibrant and healthy community by providing accessible local services, which will complement those in Richmond and Leyburn town centres; It will contribute to achieving a low carbon economy by reducing the propensity to travel to Darlington and other centres for retail and leisure activities as well as building an energy efficient and low carbon town centre scheme. For those living in Catterick Garrison and the surrounding villages there is an opportunity to walk or cycle to the town centre; Moreover the provision of a Information Point will ensure that the businesses in Catterick Garrison, Richmond including the Station Cinema, Leyburn and the Dales can
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Catterick Garrison Town Centre Proposed Multiplex Cinema (7 Screens) Supporting Statement

Prepared by GPA Ltd for Catterick (Lingfield Ltd – JV Partnership

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share in the opportunities provided by increased visitor numbers and expenditure in the local economy; • Through the S106 Agreement (already signed) there will be substantial and significant physical improvements to the junction of Gough Road and Richmond Road, and also an extension of the footpath and cycleway along Richmond Road; The new businesses in the town centre will generate business rates estimated to yield £1,000,000 per annum for the benefit of Richmondshire District Council.

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The project itself is not without significant risks. The JV Partnership have spent 6 years working with local and statutory stakeholders to ensure that this town centre is viable in extremely challenging economic times. Viability continues to be a key risk because of the high abnormal construction costs due to the huge changes in level across the site, meeting MOD CTM (Counter Terrorism Measure) guidelines and site infrastructure. On the lettings side, significant packages of benefits have had to be offered to prospective tenants (these include rent free periods, meeting fit out costs and offering other financial incentives). However, the project has come a long way since it first received outline planning consent in 2007 due to the strong commitment of the JV Partnership, and also the valuable support of the MOD and Richmondshire District Council. It would be a catastrophe if all these efforts had to be aborted at this last stage whilst the final building blocks to ensure its deliverability and viability are being put in place. The JV partnership has demonstrated that it takes its social and community responsibilities seriously, and that it is sensitive to local concerns. Not only is it offering to make a sum of money available to the RBPT but it has outlined a range of sustainable and social commitments these including: , • The Premier Inn Hotel will achieve a BREEAM Very Good status. In addition the building will produce 15% of its energy needs from renewable energy technologies. The whole design solution for the town centre development follows the discipline of a design stage BREEAM appraisal. Materials where practicable will be sourced from the local area and recycled materials are being incorporated.

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One of the core objectives of the new facilities is to offer services to the local community that negates their need to travel long distances. Furthermore, the town centre will incorporate sustainable travel connecting and extending pedestrian links and current cycle routes (by working with SUSTRANS) and maintaining the strong public transport links between Catterick Garrison and the wider Richmondshire area. The construction and subsequent operation of the town centre will yield further benefits: • By employing local staff this will result in reduced journey times to work, and keep spending in the local area (these staff are also likely to have knowledge of local suppliers as part of the supply chain, and thus ensure further opportunities for local
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February 2014

Catterick Garrison Town Centre Proposed Multiplex Cinema (7 Screens) Supporting Statement

Prepared by GPA Ltd for Catterick (Lingfield Ltd – JV Partnership

APPENDIX 2

businesses. • Once complete, the running of the Princes Gate development will generate approximately £250,000 per annum for providers of supply services across Richmondshire. A minimum of 75% of the construction works will be delivered by local businesses within a 30 mile radius of Catterick. In addition the JV Partnership will be hosting a supply chain roadshow event. This will be in partnership with Richmondshire District Council inviting local businesses (both suppliers of goods and services) to meet the construction team and establish trading links for the development of the town centre). At these workshops we will wish to involve the District Council's Economic Development and Regeneration team who may be able to support local businesses on any up-skilling which may be necessary. All waste will be segregated at source and there will be active divergence of waste from landfill.

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The JV Partnership has identified a potential skill shortage in the local area to support the new employment opportunities (up to 700 jobs) that will be created by the development. The developer has already started discussions to link with the District Council Economic team and to work with the local college on any training needed. It is our aim to have local people ‘job ready’ with necessary customer services skills training by Easter 2015 when the town centre will be completed. With regards to highway improvements, the development will involve a substantial upgrade of the Gough Road/Richmond Road junction. This work will see the creation of a left hand slip road off Richmond Road onto Gough Road and will see the operation of the lights at this junction improved. The net benefit of these works will be to substantially reduce the dwell time of vehicles and improve the efficiency of vehicles moving through this junction. Both of these benefits will reduce emissions from vehicles travelling through the local area. With regards to drainage, storm water will be gravity fed and hence there will be no need for any pumping within the system. Furthermore drainage attenuation has been designed to provide a considerable on site storage facility. The scheme drainage run off utilises a discharge rate similar to agricultural levels into the adjacent drainage infrastructure, and will thus protect downstream properties from the risk of flooding. The JV Partnership recognises that the Garrison-Wide Partnership and local business association forums will provide a platform to discuss opportunities arising from the town centre scheme, which it is recognised represents a transformational project for the long term future and well-being for the people of Richmondshire. We would very much welcome the inclusion of both cinema operators in this process, say on a quarterly basis to promote a collaborative approach between all stakeholders and for the common benefit of the District. As a further demonstration of the JV Partnership's commitment to the local environment we will unveil 'The Princes Gate Initiative" which we outlined as part of the original planning

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6 February 2014

Catterick Garrison Town Centre Proposed Multiplex Cinema (7 Screens) Supporting Statement

Prepared by GPA Ltd for Catterick (Lingfield Ltd – JV Partnership

APPENDIX 2

application. We will commit to take on a local community challenge where we will work directly with the local community on a project to benefit the area in which they live. This initiative is likely to pick up on an issue that has been a problem or aspiration of the local community for some time. Potential projects will be researched with local Ward Councillors and representatives of the Ministry of Defence, following which the preferred Initiative will be selected. Our aim here is to use the JV’s organisational skills to facilitate and then deliver the project working together with the community. This project will demonstrate to the local community how the development has put something back into the place in which they live. 25 Against this background we urge Members to support this application, and to give the local area a significant confidence and financial boost. The wider prize to Richmondshire as a whole will be a more sustainable lifestyle, more secure local jobs, increasing numbers of visitors and spending in the local economy, and a more robust financial base due to the increased income arising from business rates. The JV Partnership has demonstrated its committment to working collaboratively to ensure sustainable and complementary facilities flourish in the District. In summary the revised cinema proposal for a multiplex cinema with 7 screens is fundamental to the delivery of the town centre. The additional 2 screens will, provide slightly less floorspace. The 7 screen Cinema is the integral anchor to the Princes Gate scheme, and which binds together the retail, leisure and restaurant elements. In reaching a decision on this application Members should be under no illusion that if the application is refused, then the town centre scheme will collapse. This will not only undermine the Core Strategy, but it will be a major set-back to the MOD’s aspirations to develop a Garrison town with modern amenities for its soldiers and its families and for the Garrison town to be properly integrated into the social and economic fabric of Richmondshire.

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7 February 2014

APPENDIX 2

APPENDIX 3

Mr Peter Featherstone Richmondshire District Council Mercury House Station Road RICHMOND DL10 4JX 9 February 2014 Dear Mr Featherstone Full Planning Permission for Erection of Building Comprising a Multiplex Cinema (7 Screens) and 3 Restaurants (2,786sqm) to Replace Existing Permission for 5 Screen Cinema and 3 Restaurants (2,883spm) at Central Sports Ground, Richmond Road, Hipswell, North Yorkshire, The Richmond & Lower Swaledale Business Association objects to this application in the strongest possible terms. The Association was broadly supportive of the original scheme, but voiced concerns about the impact on businesses in Richmond. There is no doubt that Garrison residents deserve a multiplex cinema, and it was accepted by all parties that 5 screens would be complementary to the existing Station Cinema in Richmond. This new application is for a one third increase in seating capacity (640 to 848 seats) and a 40% increase in the number of screens (5 to 7). The development now represents a significant threat to the future of The Station Cinema in Richmond, and indirectly to the future of the whole Station complex. There is no doubt that The Station Cinema is a substantial driver of footfall, without which the other businesses would suffer and be put under threat themselves. The developers have made much over the years about the Garrison development being complementary to Richmond. When the original application was approved last year, a last minute amendment was made to increase the amount of convenience space. Now we have another example of ‘planning creep’ with an application to replace the original permission with something that can no longer be classed as complementary. For this reason we object strongly to the application and would urge Councillors to reject it overwhelmingly. Yours sincerely

Philip Wicks Chair, RLSBA

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APPENDIX 3