Discharge of Conditions Application

When Rovers were granted planning permission for the commercial and sporting developments at the Memorial Ground, there were conditions attached to the permission. Rovers have now made an application for discharge of some of these conditions. These are to be reviewed by the planning department (Development Control) at Bristol City Council.

The following are simply the conditions that they claim to have satisfied. We will provide more information in due course.

The application details for application 09/00652/COND on the council web site

Conditions for discharge are as follows:

2. Contaminated Land
Prior to the commencement of any works on site, the following shall be submitted to and approved in writing by the Local Planning Authority, unless otherwise agreed in writing by the Local Planning Authority:
- A ground investigation study to identify any contamination at the site
- A Conceptual Model identifying all Pollutant Linkages at the site (ie all sources of contamination, pathways and receptors)
- A Risk Assessment to quantify the risk from contamination, and
- A written Method Statement detailing how contamination will be remediated.
Reason: - To safeguard the safety and health of future occupiers of the site.

5. Construction Noise, Vibration and Air Quality
No part of the development as hereby permitted shall commence until details of an Environmental Management Scheme and Code of Practice has been submitted to, and approved in writing by the Local Planning Authority. The Management Scheme and Code of Practice shall oblige the applicant, or developer and its contractor to use all best endeavours to minimise disturbances including noise, vibration, dust and smoke emanating from the site.
Any emergency or other deviation from the above conditions shall be submitted to and approved in writing by the Local Planning Authority.

The Management Scheme shall include:-
(i) Details of engineering measures, acoustic screening and the provision of sound insulation required to mitigate or eliminate specific environmental impacts;
(ii) A detailed specification of demolition and construction works at each phase of development including consideration of environmental impacts and the required remedial measures. The specification shall include details of the method of piling;
(iii) Measures to make local residents aware of any significant activities that are likely to cause significant disruption;

All demolition and construction work shall be undertaken in strict accordance with the approved management scheme unless otherwise agreed in writing by the Local Planning Authority.
All works and ancillary operations which are audible at the site boundary, or at such other place as may be agreed with the Local Planning Authority, shall be carried out only between the following hours:
08 00 Hours and 18 00 Hours on Mondays to Fridays and
08 00 and 13 00 Hours on Saturdays and at no time on Sundays and Bank Holidays (unless otherwise approved in writing by the Local Planning Authority).
Deliveries to, and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above.
Mitigation measures as defined in BS 5528: Part 1:1997 Noise and Vibration Control on Construction and Open Sites shall be used to minimise noise disturbance from construction works.

During demolition and construction on site:
(a) The best practical means available in accordance with British Standard Codes of Practice BS5228:1997 shall be employed at all times to minimise the emission of noise from the site;
(b) Vehicular accesses to adjoining and opposite premises shall not be impeded at any time;
(c) No waste or other burning material shall be burnt on the application site
(d) A suitable and sufficient means of suppressing dust must be provided and maintained, including the adequate containment of stored or accumulated material so as to prevent it becoming airborne at any time and giving rise to nuisance.

No part of the development hereby permitted shall commence until a demolition and construction method statement for the demolition and construction process has beensubmitted and approved in writing by the Local Planning Authority. The statement shall include the following:
(a) An assessment of the presence or absence of asbestos and suitable mitigation measures is appropriate;
(b) The inclusion of suitable measures for the containment of dust, such as the use of debris screens and sheets, suitable and sufficient water sprays; enclosed chutes for dropping demolition materials to ground level;
(c) The use of enclosures or shields when mixing large quantities of concrete;
(d) Details of the provision for the temporary storage of materials on site with preference to the storage of fine dry materials inside buildings or enclosures, or the use of sheeting as far a practicable with water sprays as appropriate.
(e) Consideration to the use of pre-mixed plasters and masonry compounds.
The method statement scheme shall be implemented in strict accordance with details to be approved, unless otherwise agreed in writing by the Local Planning Authority.
Reason:- To protect the amenities of adjoining residents during the construction period.

10. No development shall take place until there has been submitted to and approved in writing, by the Local Planning Authority ((unless otherwise agreed in writing by the Local Planning Authority), a detailed assessment on the potential for noise from the development from affecting neighbouring residential properties. The assessment should include noise from the following:

Noise from the PA system
Noise from fixed plant and equipment at the stadium
Noise from the hotel, student flats and shops (including transport noise)
Noise from conference facilities
Noise from vehicular traffic and parking on the site

If the assessment indicates that noise from the development is likely to affect neighbouring noise sensitive premises then a detailed scheme of noise mitigation measures shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The noise mitigation measures shall be designed so that nuisance will not be caused to the occupiers of neighbouring noise sensitive premises by noise from the development.

The noise assessment shall be carried out by a suitably qualified acoustic consultant/engineer and shall take into account the provisions of PPG 24 Planning Policy Guidance: Planning and Noise, BS4142: 1997. "Method of rating industrial noise affecting mixed residential and industrial areas" and BS 8233: 1999 "Sound Insulation and Noise Insulation for Buildings - Code of Practice".

The approved details shall be implemented in full prior to the commencement of the use permitted and be permanently maintained (unless otherwise agreed in writing by the Local Planning Authority).

Recommendation:
i. The recommended design criteria for dwellings are as follows:
Daytime (07.00 - 23.00) 35 dB LAeq 16 hours in all rooms
Nightime (23.00 - 07.00) 30 dB LAeq 8 hours in bedrooms
ii. Where residential properties are likely to be affected by amplified music from neighbouring pubs or clubs, the recommended design criteria is as follows:
Daytime (07.00 - 23.00) Noise Rating Curve NR35
Nightime (23.00 - 07.00) Noise Rating Curve NR20 to NR25
Reason:- In the interests of the amenity of the occupants of the adjoining residences.

11. Noise Insulation - Residential
No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a detailed scheme of noise insulation measures for all residential accommodation (unless otherwise agreed in writing by the Local Planning Authority). The measures shall be designed to achieve noise insulation to a standard that nuisance will not be caused to the occupiers of the residential accommodation by the operation of the workshops to the rear of the premises, traffic to the front of the premises and the pub beneath the residential accommodation (unless otherwise agreed in writing by the Local Planning Authority).

The scheme of noise insulation measures shall prepared by a suitably qualified acoustic consultant/engineer and shall take into account the provisions of PPG 24 Planning Policy Guidance: Planning and Noise, BS4142: 1997. "Method of rating industrial noise affecting mixed residential and industrial areas" and BS 8233: 1999 "Sound Insulation and Noise Insulation for Buildings - Code of Practice".

The approved details shall be implemented in full prior to the commencement of the use permitted and be permanently maintained (unless otherwise agreed in writing by the Local Planning Authority).

Recommendation:
a) The recommended design criteria for dwellings are as follows:
Daytime (07.00 - 23.00) 35 dB LAeq 16 hours in all rooms
Nightime (23.00 - 07.00) 30 dB LAeq 8 hours in bedrooms
b) Where residential properties are likely to be affected by amplified music from neighbouring pubs or clubs, the recommended design criteria is as follows:
Daytime (07.00 - 23.00) Noise Rating Curve NR35
Nightime (23.00 - 07.00) Noise Rating Curve NR20 to NR25
Reason:- In the interests of the amenity of the occupants of the adjoining residences.

12. Noise from fixed plant and equipment
The rating level of any noise generated by any fixed plant or equipment as part of this development shall not exceed the pre-existing background level by more than 0 dB(A). The noise levels shall be determined at the nearest noise sensitive premises most. Measurements and assessments shall be made in accordance with BS4142: 1997-"Method of rating industrial noise affecting mixed residential and industrial areas". The assessment must be carried out by a competent person prior to the commencement of the development. These noise levels shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development (unless otherwise agreed in writing by the Local Planning Authority).
Reason:- In the interests of the amenity of the occupants of the adjoining residences.

13. Details of Extract/Ventilation
Details of the means of mechanical ventilation including that for the extraction and dispersal of cooking smells within both the commercial and residential accommodation, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The details shall include method of construction, odour and noise control. The approved details shall be provided before the use hereby permitted commences and thereafter shall be permanently retained.
Recommendation: In order to mitigate odour nuisance it is recommended that flues or vents for the dispersal of cooking smells should terminate at least 1 metre above the ridge height of any surrounding buildings, with no obstruction of upward movement of air, otherwise a method of odour control such as a carbon filter system will be necessary for approval.
Reason:- In the interests of the amenity of the occupants of the adjoining residences.

27. Refuse and recycling
The refuse stores, and areas/facilities allocated for storing of recyclable materials, as shown on the approved plans, shall be provided before the use hereby permitted commences. Thereafter, all refuse and recyclable materials associated with the development shall either be stored within this dedicated store/area, as shown on the approved plans, or internally within the building(s) that form part of the application site, unless otherwise agreed in writing by the Local Planning Authority. No refuse or recycling material shall be stored or placed for collection on the public highway or pavement, except on the day of collection, unless otherwise agreed in writing by the Local Planning Authority.
Reason: - To safeguard the amenity of the occupiers of adjoining premises, to protect the general environment and to ensure that there are adequate facilities for the storage and recycling of recoverable materials to encourage energy conservation through recycling.

28. Prior to the commencement of the use hereby permitted commencing, a scheme for the provision of litter receptacles in and around the stadium site shall be submitted to and approved in writing by the Local Planning Authority (unless otherwise approved in writing by the Local Planning Authority).
Reason:- In the interests of the appearance of the area and to protect the amenities of residents.

35. TV reception
No part of the development as hereby permitted shall commence until the applicants satisfy the Local Planning Authority either:
a) that the stadium particularly will not have any adverse effect on radio and television reception at properties in the surrounding area or;
(b) that remedial measures will be implemented to prevent any such adverse effects.
The details of these remedial measures shall be agreed in writing with the Local Planning Authority before use commences and shall be implemented before the development causes any disruption to reception.
Reason: To protect the interests of occupiers of nearby residential and commercial occupiers.

41. Sustainable Urban Drainage System (SUDS)
Prior to the commencement of development (unless otherwise approved in writing by the Local Planning Authority), a strategy of surface water drainage for the site using sustainable drainage methods shall be submitted to and approved in writing by the Local Planning Authority. The approved development shall be implemented in accordance with the approved strategy prior to the use of the building commencing.
Reason:- To ensure that the principles of sustainable drainage are incorporated into this proposal.

42. No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water run-off limitation has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved programme and details.
Reason: To prevent the increased risk of flooding.

43. No development approved by this permission shall be commenced until a scheme for the provision and implementation of surface water storage capacity during 1 in 100 year (20%) storm conditions has been submitted to and agreed in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details.
Reason: To alleviate the increased risk of flooding.

44. No development approved by this permission shall be commenced until a scheme for prevention of pollution during the construction phase has been approved by the Local Planning Authority. The scheme should include details of the following:
1. Site security
2. Fuel oil storage, bunding, delivery and use
3. How both minor and major spillage will be dealt with
4. Containment of silt/soil contaminated run-off
5. Disposal of contaminated drainage, including water pumped from excavations.
6. Site induction for workforce highlighting pollution prevention and awareness.
Invitation for tenders for sub-contracted works must include a requirement for details of how the above will be implemented.
Reason: To ensure that the proposed site development will not cause pollution of Controlled Waters.

The hidden costs of the football ground

In Monday's Bristol Evening Post there was an article with the title "Talking sport: Who is picking up the tab?" This was an unsual article because it actually described in some detail the state of seige that the area around the Memorial Stadium goes through due to the necessary police presence surrounding matches. It even likened the situation to Apocalypse Now with the police helicopter hovering over the residential rooftops all afternoon in the leadup to and aftermath of the match. Although big disturbances are often reported, all the minor problems occuring on most match days are totally ignored by the police and the press week after week.

But the article also raised the important question of the cost of such matches. Primarily the journalist was asking about the direct costs of the policing, but since the article also mentioned shops on Gloucester Road quickly shutting their doors and putting up closed signs as the crowds poured down the street, it at least alluded to the cost to local businesses and also to the impacts on the lives of people living near the Memorial Ground.

The article did not answer the question of cost but HorfieldROSE had already obtained details of policing costs for past seasons.

During the 05/06 season, the total policing cost was £41,204 of which Rover's paid £14,644 meaning the tax payer picked up the £26,560 remainder.

During the 06/07 season, the total policing cost was £97,988 of which Rover's paid £30,237 meaning the tax payer picked up the £67,751 remainder.

The police can only charge Bristol Rovers for policing activities within the Memorial Grounds and not for activities on the public streets. A third of police funding comes from council tax, nearly a quarter comes from business rates and the remainder comes from central government (income tax, VAT and corporation tax). So one way or another it is the people of Bristol who pick up this policing tab and it is not inconsequential.

But police costs are not Rover's only drain on the council money. Planning applications incur a fee which is calculated on the size of the project and goes towards the administrative costs of processing the application. In high profile applications like the stadium, the costs are likely to be higher than the actual fee due to the increased public interest and interaction. The application fee is entirely separate to the S106 conditions which are things the developer must pay for during or after the actual development to help alleviate impacts of the development on the local area.

The fee for the stadium application in 2006 (06/03850/F ) was just shy of £50,000. It was therefore quite surprising to discover that the council waived the application fee entirely for the application in 2008 (08/00061/F).

It makes sense to put these numbers in context with some of the other figures connected with the stadium development. The S106 agreement is a standard part of granting planning permission and requires the developers to make contributions to local facilities in recognition of the commercial benefit that a planning permission gives them. In Bristol Rover's case the S106 requires the following contributions:

• £100,000 for the set up and running of the residents parking zone, this money would be paid to Bristol City Council.
  
• Up to £50,000 for public artworks. The council may allocate some of this to improve the look of the scheme and the rest to projects elsewhere.
  
• £30,000 towards two bus shelters, raised kerbs and information boards at stops in Filton Avenue to encourage fans and residents to use buses.
  
• £10,000 towards traffic regulation changes to improve road safety.
  
• £10,000 for pedestrian facilities.
  
• £7,450 to the council to make sure the club meets its obligations.
  
• £5,000 to improve traffic flow and minimise congestion in and around Filton Avenue, Gloucester Road and Muller Road.
  

In total that is just over £200,000, so the waiver of a substantial application fee negates a fair proportion of that. And an annual average policing costs of around £50,000 (and probably higher for a larger stadium) also seems to reduce the overall benefits the stadium offers the city and its citizens.

To put the numbers further into context, remember that this is a £35 million project of which about half will go towards the stadium facilities and the other half to build the student accommodation, hotel, restaurant/conference facilities, office space and other commercial aspects of the development. The stadium land is the companies biggest asset and like all other businesses it is keen to maximise the returns it can get from it, no one blames them for that. But what is unfair is for a business to effectively get subsidies from the public purse via waiver of fees or additional support such as the value of the policing. Not to mention the fact that no developer, other than a football "club", would have been given permission for these sorts of developments in this area and on that site.

Bristol Rovers have already spent at least one and a half million on the project. Just to secure all of the land rights associated with the houses that were bought by Rover's directors to smooth the application process cost £700,000 as explained in an article last May.

HOW ROVERS PAID UP IN STADIUM BID BY TORBEN LEE T.LEE

07:00 - 02 May 2008

More than £700,000 was paid to former directors of Bristol Rovers to smooth the way for the new-look Memorial Stadium.

The figures have been revealed by the club to shareholders who wanted to know the reason for a 12-month delay over a planning agreement.

Add to this architects fees over several years, consultation fees, application fees, the application agents PRS, salary for Bill Smith during his time as CEO and so on. Football, even in the lower leagues, is still big business. As the article asks "Who is picking up the tab?"

Following are some excerpts from the article referred to above:

Around 5.30pm on Saturday you'd have thought a royal visitor was making their way through Horfield and Bishopston.
Above the shops on Gloucester Road people were leaning out of windows to get a better look at what was heading their way, hemmed in by a cordon of yellow-jacketed police and flashing blue lights.

At street level the riot squad were ushering pockets of Bristol Rovers fans towards the city centre, despite the reluctance of some of them to move. Overhead the helicopter that had spent most of the afternoon above BS7 was adding a bit of Apocalypse Now to proceedings.

Then they came, marching on together, as the song goes. Around 25 Leeds fans who had clearly been earmarked as wrong 'uns, and in need of a special escort. Down the road they went, ringed by the forces of the law, and followed by three police vans, with others racing ahead to make sure each potential flashpoint site was cleared.

Unless you live near a stadium most people may be largely unaware of the transformation the area goes through when there is a match. On top of the police presence described above, there is also a traffic jam on all of the roads that is as bad or worse than normal rush hour traffic, cars parked everywhere making roads narrower and floods of people moving to or from the stadium ground. The article then gives a bit of context:

Gloucester Road is, essentially, a thriving high street, where traditional Bristol meets the 21st Century. Hardware stores and greengrocers rub shoulders with wine bars and delicatessens, hardened cider drinkers wait at the bar alongside people wanting skinny lattes.

Most of the football season, it's untouched by the sort of police presence we saw on Saturday, but for certain fixtures - Swansea City, Swindon Town, etc - the place has a more sinister feel.

But even when the police presence is lower than on the matches where trouble is more likely, there is always a police presence, and the traffic and crowds are factors at every match. Spirits are usually high, due to excitement for the sport alone but often with the aid of a few beers. Because there often is trouble at matches, it makes all matches feel dangerous, and residents retreat into their houses and lock themselves away for the duration or make plans to be out all day.

But because fixtures occur on a somewhat irregular schedule, it is easy to be caught by surprise, forgetting there was a match this Saturday or this Tuesday and especially for people who may come into the area less regularly. Lib Dem councillor for Bishopston, Bev Knott said (in a separate article):

People going about their everyday business on a Saturday afternoon should not have to rub shoulders with football fans intent on causing trouble.

There was a heavy police presence, but shoppers with children shouldn't be put in a position where they run the risk of being caught up with fans. I believe the police got it wrong on Saturday.

Residents who have nothing to do with football should not be made to feel intimidated by groups of football supporters and I, on behalf of residents who live in the area, want to know what the police are going to do to prevent it happening in the future.

It is hard to know what the police could do differently because the Memorial Ground is in the middle of a residential area with the Gloucester Road being the most direct route to Bristol Temple Meads which is over three miles south of the stadium. The police have also been working to improve traffic flows and have been experimenting with different methods of crowd control (such as allowing fans out of the grounds in batches rather than a single flood). But whatever the police do it is going to be difficult to prevent stadium crowds having an adverse effect on the local community and businesses.

Then the article made some observations and asked some questions:

Two things struck me as the curious convoy of fans, police and police vans went past the busy shops and bars of the stretch of road between the Bristol Flyer pub and Zetland Road.

Firstly, several shopkeepers took one look at what was going past and flipped the signs in their doors from 'open' to 'closed'. Secondly, the ones that didn't retreat stood in the doorways to watch the passing spectacle and shake their heads.

One asked a passing officer how much overtime he was on. Good question, but I've got a better one - who is picking up the bill?