Student accommodation parking change at Oldway Centre, 39 Orchard Street, Swansea

The site and development

The development is a completed student accommodation scheme with 556 bed spaces, communal facilities, parking and other ground-floor uses.

“Oldway Centre, 39 Orchard Street, Swansea, SA1 5AQ Change of use of existing Oldway Centre 13-storey office building (Class B1) and upper floors of High Street block to student accommodation with construction of additional 2 storeys of new student accommodation to High Street block (556 bed spaces in total) with ancillary ground floor communal facilities/services, car/cycle parking & refuse store with external alterations to existing building envelope, and change of use of…”

Officer report

Planning history

Permission was granted in February 2017 after a planning obligation, and the development has been occupied since September 2019.

“Background / Relevant Planning History 2.1 Full planning permission for the Change of use of existing Oldway Centre 13- storey office building (Class B1) and upper floors of High Street block to student accommodation with construction of additional 2 storeys of new student accommodation to High Street block (556 bed spaces in total) with ancillary ground floor communal facilities/services, car/cycle parking & refuse store with external alterations to existing building…”

“The development has been completed and has been in occupation since September 2019.”

Officer report

Why officers supported it

Officers considered the existing restriction still useful but found its purpose could be equally served by the proposed modification.

“In terms of the tests in para 4.1 above, a) Yes – the existing planning obligation still serves a useful planning purpose; b) Yes - the planning purpose could be equally served by the proposed modification. c) Yes - the Council should agree the modification.”

“Recommendation 5.1 It is recommended that: Consent is granted for the modification of Section 106 agreement (completed 13 th February 2017) of planning permission 2016/1320 to amend the Second Schedule First Schedule - Restriction upon Residential Occupation - removing restriction of keeping a motorised vehicle within a one mile radius to allow some car parking on site as indicated on the submitted plan indicating the allocation of 40 spaces within the existing basement…”

Officer report

The parking restriction

The requested change removed the one-mile vehicle restriction and replaced it with a restriction on bringing unallocated vehicles onto the site, apart from moving in or out.

“The change to the above obligations subject to this variation application is: • to amend second schedule - Restriction upon Residential Occupation - removing restriction of keeping a motorised vehicle within a one-mile radius to allow some car parking on site…”

“It is recommended that the Tenancy Agreement is amended to prohibit a registered student who is not allocated a parking space from bringing a motorised vehicle onto the site save where the vehicle is brought onto the site for the purpose of loading or unloading the vehicle when the person is moving in or out of their accommodation unit.”

Officer report

Officer consultations

The legal officer said students could not be prevented from using highways or public car parks, while highways officers raised no objection to the amendment.

“Consultations 3.1 Council’s Legal Officer - We cannot prevent students from parking on the highway. They are entitled to use the highway in the same as any other road user. The same goes for public car parks. I would think Oldway would have to regulate the use in some form as there will only be limited car park spaces.”

“Highways and Transportation Dept – having considered the legal opinion regarding the use of s106 to prevent residents bringing cars, and the fact that when the call centre was occupied the car park was in use, whilst I agree that we would usually seek to discourage car ownership, the position in terms of number would likely be no worse than when used in connection with Alexandra House.”

Officer report

The applicant’s reasons

The applicant said the change would improve student safety, reflect reduced office parking demand and address students walking from other parking.

“The reason for the request made by the applicant to remove the restriction of keeping a motorised vehicle within a one-mile radius to allow some car parking on site is made below. • For the safety of the students, we would like the restriction to be removed. At the time of the planning approval the basement car park was not available as it was being used by Alexandra House. The situation has now changed, and the car park is available.”

“Further elaboration has been provided: • Alexandra House is owned by the same family as The Oldway Centre. At the time of the original application there was a larger demand for office car parking. Over the last nine years the office market has substantially changed, and demand has reduced. The ownership structure therefore allows for this amendment. • Some students within the accommodation park at City Road Church.”

Officer report

Who presented the item

The Principal Planning Officer presented the request on behalf of the Head of Planning and City Regeneration.

The committee’s decision

The committee granted the Section 106 modification to remove the one-mile restriction and allow some on-site parking using 40 basement spaces.

“Resolved that consent be granted for the modification of Section 106 agreement (completed 13 th February 2017) of planning permission 2016/1320 to amend the Second Schedule First Schedule - Restriction upon Residential Occupation - removing restriction of keeping a motorised vehicle within a one mile radius to allow some car parking on site as indicated on the submitted plan indicating the allocation of 40 spaces within the existing basement car park.”

Minutes