Planning Committee 03/02/2016 Schedule Item No: 10

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1 Ref: Address: Ward: Proposal: PP/2015/5442 Chiswick Business Park and Bollo Lane/ Colonial Drive, Chiswick W4 5NU Southfield Construction of a pedestrian footbridge between Chiswick Business Park and Bollo Lane/ Colonial Drive Drawing numbers: CBRE Cover Letter dated 15/20/2015, Chiswick Park Footbridge Design and Access Statement dated August 2015, Chiswick Park Technical Note 3 Impact of Occupation of Building 7 on Gunnersbury Station October 2015; Chiswick Park Technical Note 4 Review of 2005 Transport Assessment October 2015; Chiswick Park Footbridge Environmental Management Plan Rev 01 dated 12/10/2015; and drawings G01 Rev O, 001 Rev 0, 002 Rev 0, 003 Rev 0, 004 Rev 0, 005 Rev 0, 006 Rev 0, 007 Rev 0, 008 Rev 0, 009 Rev 0, 010 Rev 0, 011 Rev 0, and 012 Rev 0. Type of Application: Full Planning Application Application Received: 15/10/2015 Revised: N/A Report by: Emma Lewis Recommendation: Grant with conditions subject to referral to the Mayor of London. EXECUTIVE SUMMARY: Planning permission is sought for the construction of pedestrian footbridge which would provide a link between the northern part of the Chiswick Business Park and the Colonial Drive Development Site and on to Chiswick Park Station via Bollo Lane. The bridge structure would be comprised of three tied arches with hanging cables which would carry a precast concrete deck system. The eastern abutment of the bridge would land at the western end of the Colonial Drive Development site and would incorporate stairs and a lift. A separate planning application (ref: PP/2012/0338) was approved for the redevelopment of the Colonial Drive Site to the east with a mixed-use residential-led scheme. The footbridge would link to a pedestrian footbridge proposed along the northern boundary of this site, which would provide access to Bollo Lane and Chiswick Park Station. A planning application was made for a bridge in this location in 2003, 2006 and 2012 all of which were granted full permission. The 2012 was submitted because there had been significant advancements in engineering and building technology over recent years which enabled a more sustainable bridge with improved engineering efficiency to be designed. The 2012 permission has now expired and as such the proposal has been re-submitted for approval under this application. The following report assesses the principle of the proposed footbridge, its design and impact on the character of the area (including Gunnersbury Triangle Nature Reserve) and nearby land uses and occupiers and issues of inclusive design and safety and security. Page 1 of 19

2 One representation from local residents/groups were received in relation to the planning application. None objected to the principle to the proposed footbridge. The proposed pedestrian bridge is a requirement of the extant s106 agreement signed on the 6th September 2007 linked to the London Borough of Hounslow planning permission for Buildings 6 and 7 at Chiswick Park (LBH ref:00248/d6-7/-p1). The s106 agreement currently requires the bridge to be completed prior to occupation of building 7 within the business park to mitigate the impact of the Chiswick Business Park on Gunnersbury Station. The applicant is now seeking a deed of variation to the s106 agreement to enable occupation of building 7 in advance of the delivery of the bridge. TfL and the GLA have been consulted on the application and have no objection to the principle of the bridge but are concerned with the impact of the proposed deed of variation. A planning application was submitted concurrently to the London Borough of Hounslow who approved the application in December 2015 prior to the terms of the deed of variation being agreed between the parties. The London Borough of Hounslow approved the bridge subject to the terms of the deed of variation being agreed between the parties by 1 st March It is recommended that Planning Permission now be granted for the bridge by Ealing Council subject to the terms of deed of variation being agreed between the parties by 1 st March The following report concludes that subject to appropriate safeguarding conditions, including a lighting strategy, details of materials and a management and security strategy; the proposed bridge would provide a more direct, safe and convenient route for people travelling to and from Chiswick Business Park to Chiswick. When considered in the context of the proposed redevelopment of the Colonial Drive site, the proposals, which constitute a higher quality design architecturally, would create the opportunity to provide high quality public realm and enhanced access to public transport in the area. Referable Application This planning application is referable to the Mayor of London pursuant to the Town and Country Planning (Mayor of London) Order 2008 for the following reason: Paragraph 2 of the Schedule (Definition of a PSI application of Potential Strategic Importance) states If the local planning authority receive an application for planning permission for development, which they consider forms part of more substantial proposed development, on the same or adjoining land, they must for the purpose of this Schedule treat the application as an application for planning permission for the more substantial development. The footbridge proposals that form the subject of this planning application are linked to the proposed mixed-use development at 2 Colonial Drive which is also currently under consideration (planning ref: P/2012/0338 agenda item 2). The Colonial Drive application is referable under Category 1B (c) of the schedule to the Order 2008 as it would comprise the erection of buildings outside central London with a total floorspace of more than 15,000 square metres. Therefore the GLA has confirmed that both planning applications are referable to the Mayor of London. The Stage 1 response was received from the GLA on 30/11/2015. Their response sets out the requirements for the Stage 2 referral to the Mayor following the resolution of the Council s Planning Committee. Page 2 of 19

3 Once Ealing Council has resolved to determine the application, in accordance with the Order 2008, the application will be referred back to the Mayor for his decision as to whether to direct refusal; take it in for his own determination; or allow the Council to determine it itself. RECOMMENDATION: That the existing s106 legal agreement dated 6 September 2007 relating to the provision of the footbridge at Chiswick Business Park be varied to permit occupation of Building 7 subject to appropriate mitigation being agreed with Transport for London as planning obligations with this mitigation to be secured by prior completion of a satisfactory legal agreement under Section 106 of the Town and Country Planning Act 1990 and/or other legislation, the exact terms of which shall be negotiated by appropriate officers within Planning Services and Legal Services in consultation with the Chair of the Planning Committee. The satisfactory legal agreement outlined above shall be completed by 1st March 2016 or such extended period as may be agreed in writing by appropriate officers within Planning Services. That the committee are minded to grant planning permission subject to any direction of the Mayor. Following the Council s consideration of the application, the application will be referred to the Mayor of London in accordance with Article 5 of the Town and Country Planning (Mayor of London) Order AND That the grant of planning permission be subject to the following conditions: Conditions/Reasons: Time Limit 3 years - Full Permission 1. The development permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with the provisions of the Town and Country Planning Act 1990 (as amended). Approved Plans 2. The development hereby approved shall be carried out in accordance with drawing numbers: Chiswick Park Footbridge Design and Access Statement dated August 2015, and drawings G01 Rev 0, 001 Rev 0, 002 Rev 0, 003 Rev 0, 004 Rev 0, 005 Rev 0, 006 Rev 0, 007 Rev 0, 008 Rev 0, 009 Rev 0, 010 Rev 0, 011 Rev 0, and 012 Rev 0. Reason: In the interests of proper planning and to ensure that the development is implemented in accordance with the approved plans, which have been, assessed against the Council s Adopted Development Plan. Page 3 of 19

4 Details of Materials 3. Details of the materials (including paint finishes, colours and materials samples where appropriate) to be used for the external surfaces of the development (including details of the safety enclosure balustrade system) shall be submitted to and approved in writing by the Local Planning Authority in consultation with Network Rail before any part of the development is commenced, and this condition shall apply notwithstanding any indications to these matters which have been given in this application. The development shall be carried out in accordance with the approved details. Reason: To ensure that the materials are appropriate for the development, to safeguard the character and appearance of the area and to ensure the safe operation of the railway, in accordance with policies 7.4, 7.5 and 7.6 of the London Plan 2015 and policies 7.4 and 7B of the Ealing Development Management Development Plan External Lighting 4. The proposed external lighting scheme shall be designed to reduce light pollution to nearby residents, and road users and where applicable the recommendations of the following guidance shall be met: ILP Guidance Notes for the reduction of Obtrusive Lighting Institution of Lighting Professionals Technical Report No 5, Brightness of Illuminated Advertisements. CIE Technical Report- Guide on the Limitation of the Effects of Obtrusive Light from Outdoor Lighting Installations - CIE 150: Statutory Nuisance from Insects and Artificial Light by Department of Environment Food. Guidance on sections 101, 102 and 103 of the Clean Neighbourhoods and Environment Act 2005, Defra. Reason: In the interests of the safety and amenity of future users and occupiers of the site, to prevent excessive light disturbance to the Gunnersbury Triangle Nature Reserve and to ensure the safe operation of the railway, in accordance with policies 7.4, 7.5, 7.13, 7.18 and 7.19 of the London Plan 2015; and policy 7A of the Ealing Development Management Development Plan. Arboricultural Method Statement 5. No operations (including initial site clearance) shall commence on site in connection with development hereby approved until a suitable scheme (Arboricultural Method Statement) for the protection of existing trees, shrubs and hedgerows has been submitted to and its installation on site has been approved in writing by the Local Planning Authority. All protection measures must fully detail each phase of the development process taking into account demolition/site clearance works, all construction works and hard and soft landscaping works. Details shall include the following: Full survey of all trees on site and those within influencing distance on adjacent sites in accordance with BS5837 (most recent revision of the standard), with tree works proposals. All trees must be plotted on a site plan (minimum 1:200), clearly and accurately depicting trunk locations, root protection areas and canopy spreads. Page 4 of 19

5 A plan detailing all trees, shrubs, hedges planned for retention and removal. Soil assessments/survey Timing and phasing of works Site specific demolition and hard surface removal specifications Site specific construction specifications Access arrangements and car parking Level changes Landscaping proposals A Tree protection plan in accordance with BS5837 detailing all methods of protection, including but not restricted to: locations of construction exclusion zones, root protection areas, fit for purpose fencing and ground protection, service routes, works access space, material/machinery/waste storage and permanent & temporary hard surfaces. Soil remediation plans. All tree protection methods detailed in the approved Arboricultural Method Statement shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials have been removed from the site. Reason: To secure protection of trees, shrubs and hedges growing within the site which are of amenity value to the area in accordance with policies 1.1 (e) (i) and 1.2 (d) of the adopted Local Development Framework (Core Strategy 2012), 5.10 of the Ealing Development Management Development Plan and policy 5.10 of the London Plan (2015). Hard and Soft Landscaping 6. No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority, full details of proposed hard and soft landscaping works around the eastern abutment of the footbridge. The details shall include: Detailed planting plans indicating plant/tree species and numbers and identifying retained trees; Details of hard landscaping, materials and construction specifications (including tree root protection measures); Biodiversity improvement measures and native planting 5-year landscape management plan; Details of any associated boundary treatment, retaining walls, bollards etc. to be erected This condition shall apply notwithstanding any indications as to these matters, which have been given in this application. The approved works and management plan shall be implemented prior to first use of the footbridge or in accordance with a programme agreed by the Local Planning Authority. Any trees or other plants which die or are removed or become seriously damaged or diseased within the first five years following the implementation of the landscaping scheme shall be replaced during the next planting season. Reason: To ensure that the development is landscaped in the interests of the character and appearance of the area and to enhance the biodiversity of the site, in accordance with policies 7.4, 7.5 and 7.21 of the London Plan 2015 and Interim Supplementary Planning Guidance 9 Trees and Development Guidance. Page 5 of 19

6 London Underground Infrastructure Protection 7. The development hereby permitted shall not be commenced until detailed design and method statements (in consultation with London Underground) for the construction of pedestrian footbridge have been submitted to and approved in writing by the local planning authority which provide details on all structures; accommodate the location of the existing London Underground structures and tunnels and accommodate ground movement arising from the construction thereof. The development shall thereafter be carried out in all respects in accordance with the approved design and method statements, and all structures and works comprised within the development hereby permitted which are required by the approved design statements in order to procure the matters mentioned in paragraphs of this condition shall be completed, in their entirety, before any part of the building hereby permitted is occupied. Reason: To ensure that the development does not impact on existing London Underground transport infrastructure, in accordance with London Plan 2015 Table 6.1 and Land for Industry and Transport Supplementary Planning Guidance 2012 Noise from External Plant for Lift 8. The rating sound level emitted from the proposed external plant and machinery at the proposed development, as assessed under BS4142: 2014, will not exceed the existing background sound level, as measured at the nearest noise sensitive facades, during the relevant periods of operation. Reason: In the interests of the living conditions of occupiers of nearby properties in accordance with Interim Supplementary Planning Guidance 10, policy 1.1(j) of the Ealing Core Strategy (2012), policy 7A of the Ealing Development Management Development Plan Document (2013), policy 7.15 of the London Plan (2015), and the National Planning Policy Framework (2012). Environmental Management Plan - Air Quality 9. Notwithstanding the Chiswick Park Footbridge - Environmental Management Plan submitted Rev. 01 by Lend Lease dated 12 October 2015, prior to the commencement of the development, details shall be submitted to the Local Planning Authority for approval for an Air Quality and Dust Management Plan (AQDMP) that includes a Air Quality (Dust) Risk Assessment shall be produced in accordance with current guidance The Control of Dust and Emissions during Construction and Demolition, SPG, GLA, July A scheme for air pollution Mitigation measures based on the findings of the report shall be submitted to and approved by the Local Planning Authority prior to the commencement of any works on the site. Reason: In the interests of the internal environment of the development in accordance with policies 1.1(j) of the Ealing Core Strategy (2012), policy 7A of the Ealing Development Management Development Plan Document (2013), policy 7.14 of the London Plan (2015), and the National Planning Policy Framework (2012). Informatives: 1. The decision to grant planning permission has been taken having regard to the policies and proposals in the Adopted Ealing Development Plan and to all relevant material considerations including Supplementary Planning Guidance/Documents: Page 6 of 19

7 National Planning Policy Framework (NPPF) (27 th March 2012) London Plan 2015 Spatial Development Strategy for Greater London 2.18 Green infrastructure: the multi-functional network of green and open spaces 3.1 ensuring equal life chances for all 3.2 Improving health and addressing health inequalities 4.12 Improving opportunities for all 5.3 Sustainable design and construction 5.10 Urban greening 5.11 Green roofs and development site environs 5.12 Flood risk management 5.13 Sustainable drainage 5.14 Water quality and wastewater infrastructure 5.15 Water use and supplies 5.16 Waste 5.18 Construction, excavation and demolition waste 6.3 Assessing effects of development on transport capacity 6.9 Cycling 6.10 Walking 6.13 Parking 7.1 Lifetime neighbourhoods 7.2 An inclusive environment 7.3 Designing out crime 7.4 Local character 7.5 Public realm 7.6 Architecture 7.8 Heritage assets and archaeology 7.13 Safety, security and resilience to emergency 7.14 Improving air quality 7.15 Reducing and managing noise, improving and enhancing the acoustic environment and promoting appropriate soundscapes 7.17 Metropolitan Open Land 7.18 Protecting open space and addressing deficiency 7.19 Biodiversity and access to nature 7.21 Trees and woodlands 7.22 Land for food 8.2 Planning obligations 8.3 Community Infrastructure Levy London Plan Supplementary Planning Guidance/Documents Accessible London: achieving an inclusive environment Sustainable Design & Construction The Mayor s Transport Strategy The Mayor s Biodiversity Strategy The Mayor s Energy Strategy Page 7 of 19

8 Adopted Development (or Core) Strategy (3 rd April 2012) 1.1 Spatial Vision for Ealing Delivery of the Vision for Ealing Protect and enhance Green Corridors 5.4 Protect the Natural Environment Biodiversity and Geodiversity 5.5 Promote Parks, Local Green Space and Addressing Deficiency 6.1 Physical Infrastructure 6.3 Green Infrastructure 6.4 Planning Obligations and Legal Agreements 1.10 Legal Agreements and Partnerships 2.1 Environmental and other Sustainability Impacts 2.9 Energy 2.10 Waste Minimisation and Management 3.2 Green Corridors and the Waterway Network 3.4 Public and Community Open Space 3.8 Biodiversity and Nature Conservation 3.9 Wildlife Protection 4.1 Design of Development 4.3 Inclusive Design Access for All 4.4 Community Safety 4.5 Landscaping, Tree Protection and Planting 4.12 Light Pollution 9.8 Low Car Housing and City Car Clubs 9.9 Highways and Traffic management Ealing Development Management Development Plan Ealing local variation green infrastructure: the network of open and green spaces 5.10 Ealing local variation urban greening Green roofs and development site environs 7A Ealing local policy - Amenity Designing out crime Local character 7B - Design amenity 7D Open Space Interim Supplementary Planning Guidance/Documents SPG 9 Trees and Development Guidelines In reaching this decision, specific consideration was given to the principle of a proposal for the construction of pedestrian a pedestrian footbridge to provide a link from the northern part of the Chiswick Business Park to the Colonial Drive Development Site to the east and on to Chiswick Park Station; the opportunity to provide high quality public realm; the enhancement of access to public transport in the area including increasing access options for users of the business park and the potential to relieve some pressure on Gunnersbury Station to the west; the impacts character and appearance of the area; and the impacts on the setting of the Gunnersbury Triangle Local Nature Reserve. It is considered that, subject to referral to the Mayor of London, subject to appropriate safeguarding conditions, and given the nature and of the proposed development and having considered all objections/comments received from interested parties to date and all relevant policy guidance, that on balance the proposal would accord with the relevant policies and guidance and that planning permission could reasonably be granted in this case. Page 8 of 19

9 2. Construction and demolition works, audible beyond the boundary of the site shall only be carried on between the hours of hrs Mondays to Fridays and hrs on Saturdays and at no other times, including Sundays and Bank Holidays. The maximum permitted noise level are:- not greater than 72 db LAeq, 10hr Mondays to Fridays- not greater than 72 db LAeq, 5hr Saturdays. 3. Prior to the commencement of any site works, all sensitive properties surrounding the site boundary shall be notified in writing of the nature and duration of works to be undertaken, and the name, address and telephone number of a responsible person, to whom enquiries/complaints should be directed. 4. Any soil brought onto site for landscaping purposes will require submission of appropriate validation certificates to ensure that it is suitable for the intended end use in consultation with the Council s Regulatory Services section. 5. The applicant is advised that the detailed design of the development should comply with the aims and objectives of the Police Secured by Design initiative. Further advice can be found at and Supplementary Planning Guidance 8 'Safer Ealing' 6. The applicant is advised to contact London Underground Infrastructure Protection in advance of preparation of final design and associated method statements, in particular with regard to: demolition; drainage; excavation; construction methods; security; boundary treatment; safety barriers; landscaping and lighting; use of tall plant and scaffolding 7. With respect to lighting, the proposal shall have regard to ILP Guidance Notes for the reduction of Obtrusive Lighting 2011; Institution of Lighting Professionals Technical Report No 5, Brightness of Illuminated Advertisements; CIE Technical Report- Guide on the Limitation of the Effects of Obtrusive Light from Outdoor Lighting Installations - CIE 150: 2003; Statutory Nuisance from Insects and Artificial Light by Department of Environment Food. Guidance on sections 101, 102 and 103 of the Clean Neighbourhoods and Environment Act 2005, Defra. SITE DESCRIPTION: The application site follows the course of the proposed footbridge which would link Chiswick Business Park to the west (London Borough of Hounslow) to the development site at Colonial Drive (London Borough of Ealing) to the east. The application site crosses a number of boundaries and ownerships, including railway land owned by Network Rail. The site is bounded to the west by Chiswick Business Park and to the north by an elevated section of the underground line, beyond which the area is predominantly residential in character. Gunnersbury Triangle Local Nature Reserve (Site of Metropolitan and Local Importance for Nature Conservation) lies to the south east. The east abutment of the bridge would land at the western end of the Colonial Drive development site located to the east. Access to Chiswick Park Station would be provided through this site by way of a new public footpath leading to Bollo Lane. The Colonial Drive site has a Public Transport Accessibility Rating (PTAL) of 5 (very good). Page 9 of 19

10 THE PROPOSAL: Planning permission is sought for the construction of pedestrian footbridge which would provide a link from the northern part of the Chiswick Business Park to the Colonial Drive Development Site and on to Chiswick Park Station via Bollo Lane. A planning application was made for a bridge in this location in 2003, 2006 and 2012 and all were granted full permission. The Design and Access Statement submitted with the application provides the design rational for the proposed footbridge. The design of the bridge is discussed in greater detail in the Reasoned Justification section of this report. A separate planning application (ref: PP/2012/0338) has been approved for the redevelopment of the Colonial Drive Site to the east with a mixed-use residential-led scheme. The footbridge would link to a pedestrian footbridge proposed along the northern boundary of this site, which would provide access to Bollo Lane and Chiswick Park Station. The proposed pedestrian bridge is a requirement of the extant s106 agreement signed on the 6th September 2007 linked to the London Borough of Hounslow planning permission for Buildings 6 and 7 at Chiswick Park (LBH ref:00248/d6-7/-p1). The s106 agreement currently requires the bridge to be completed prior to occupation of building 7 within the business park to mitigate the impact of the Chiswick Business Park on Gunnersbury Station. The applicant is now seeking a deed of variation to the s106 agreement to enable occupation of building 7 in advance of the delivery of the bridge. TfL and the GLA have been consulted on the application and have no objection to the principle of the bridge but are concerned with the impact of the proposed deed of variation. A planning application was submitted concurrently to the London Borough of Hounslow who approved the application in December 2015 prior to the terms of the deed of variation being agreed between the parties. The London Borough of Hounslow approved the bridge subject to the terms of the deed of variation being agreed between the parties by 1 st March It is recommended that Planning Permission now be granted for the bridge by Ealing Council subject to the terms of deed of variation being agreed between the parties by 1 st March RELEVANT PLANNING HISTORY: Ref: Date: Proposal: Decision: P/2003/ /07/2003 Construction of a pedestrian footbridge link between Chiswick Business Park and Bollo Lane W4. P/2006/ /02/2007 Construction of a pedestrian footbridge link between Chiswick Business Park and Bollo Lane W4. P/2012/ /06/2012 Construction of a pedestrian footbridge link between Chiswick Business Park and Bollo Lane W4. Conditional approval Conditional approval Conditional approval Page 10 of 19

11 P/2012/ /09/2012 Application for a non-material amendment to planning permission PP/2012/0145 dated 17/05/2012 for Construction of a pedestrian footbridge between Chiswick Business Park and Bollo Lane / Colonial Drive. Amendments consisting of a timber walking surface over steel instead of concrete originally approved and the use of angled cables instead of vertical cables. Approved PRE-APPLICATION CONSULTATION: Statement of Community Involvement Prior to the submission of the 2012 planning application the applicants carried out the following public consultation: Wrote to local Councillors informing of the intension to submit a revised planning application for the bridge and providing design details Public Exhibition (as part of the Colonial Drive proposals exhibition) Meeting with London Wildlife Trust to discuss any potential impacts on the Gunnersbury Triangle Local Nature Reserve. Given that the current application is essentially the same proposal, then further pre-application consultation was not undertaken by the applicant. CONSULTATION: Public Consultation The proposal was advertised by way of six site notices around the site and newspaper notice on 21/10/2015. The consultation period expired on 11/11/2015. One response received from the Acton Green Residents Association summarised as follows: No objection to the principle of the bridge. The proposal is acceptable in strategic planning terms. However, there are concerns with respect to the removal of the s106 obligations requiring the bridge to be delivered prior to the occupation of buiding 7 within Chiswick Business Park. Officer response: Noted and addressed in the assessment section of the report below. Internal Consultation Consultee Comments Officer Response Transport Services No objection. However, ideally the width of the bridge should be 3.5m or minimum of 3m to allow for pedestrians and The bridge has not been designed for use by cyclists. It has not Page 11 of 19

12 Highways Management Regulatory Services (Pollution Technical) Landscape & Tree Officer External Consultation cyclists. No objection subject to water collected from the bridge is drained within the existing landscaping on Chiswick Park and proposed landscaping on Colonial Drive site using soakaways as per Chiswick Park Footbridge Design and Access Statement (August 2015). Conditions required with respect to noise from any external plant and machinery associated with the lift, lighting and air quality management plan. Tree protection condition required to ensure that trees on neighbouring sites are not impacted during construction works. been possible to accommodate a ramp due to the significant length that would be required and the constraints of the site. The width of the bridge is consistent with that previously approved and, therefore, is considered acceptable. TfL has not raised any concerns with the width of the bridge. Noted. Recommended that the Design and Access Statement form part of the approved plans condition to secure this. Noted. Recommended that these conditions be included. Noted and recommended that this be included as a condition. Consultee Comments Officer Response Transport for London No objection to the principle of the bridge. The proposal is acceptable in strategic planning terms. However, there are concerns with respect to the removal of the s106 obligations allowing building 7 to be occupied prior to the construction of the bridge. Noted and discussed in detail below. London Underground No objection subject to a condition requiring the submission of a detailed design and method statement relating to the impact of the proposal on London Underground Infrastructure. Network Rail No response Noted Greater London Authority No objection to the principle of the bridge. The proposal is acceptable in Noted and recommended that this condition be included within any grant of permission. Noted and discussed in detail below. Page 12 of 19

13 Metropolitan Police (Design Out Crime Officer) strategic planning terms. However, there are concerns with respect to the removal of the s106 obligations allowing for the occupation of building 7 prior to construction of the bridge. No response It is noted that the measures recommended by the Met police at preapplication stage were adopted and incorporated by the applicant. London Wildlife Trust No response Noted London Borough of Hounslow No objection. Noted. It is noteworthy that a planning application for the bridge was also submitted to London Borough of Hounslow and approved on 10/12/2015. PLANNING POLICIES: As set out in the informatives section of the report above. REASONED JUSTIFICATION: This proposal has been assessed against the relevant local, regional and national policies and guidance identified in the Planning Policy section above. The key considerations in the assessment of the planning application are: The principle of the proposal Design and impact on the character of the area Impact on nearby land uses and occupiers Inclusive design Safety and security The principle of the proposal London Plan Policy 6.10 seeks to ensure that safe and attractive pedestrian routes are provided which are easy to navigate. Development proposals should ensure high quality pedestrian environments and emphasise the quality of the pedestrian and street space. London Plan Policy 6.7 states local planning authorities should ensure direct, accessible and pleasant walking routes to (public transport) stops. The proposal is for the construction of pedestrian a pedestrian footbridge which would provide a link from the northern part of the Chiswick Business Park to the Colonial Drive Development Site to the east and on to Chiswick Park Station. The bridge is required by a s106 legal agreement Page 13 of 19

14 attached to the planning permission (LBH ref:00248/d6-7/-p1) for buildings 6 and 7 within the adjoining business park, located within the London Borough of Hounslow to mitigate the impact of the proposal on Gunnersbury Station by providing a safe and convenient access to Chiswick Park Station. Planning applications were made for a bridge in this location in 2003, 2006 and 2012 and all were granted full permission. The most recent planning permission for the bridge has now lapsed. The design of the bridge has not changed from the 2012 permission and, therefore, the principle of the bridge design and scale is considered to be acceptable. A concurrent planning application for the same bridge has also been submitted to the London Borough of Hounslow and approved by their Planning Committee on 10 th December The proposed bridge would provide a more direct, safe and convenient route for people travelling to and from Chiswick Business Park to Chiswick Park Station and is supported in principle by Transport for London and the Greater London Authority. When considered in the context of the proposed redevelopment of the Colonial Drive site, the proposals would create the opportunity to provide high quality public realm and enhanced access to public transport in the area. The proposed footbridge would increase access options for users of the business park, potentially relieving some pressure on Gunnersbury Station to the west. Furthermore the footbridge would provide direct access for parents working at Chiswick Business Park who may wish to use the proposed childcare facilities at Colonial Drive. Therefore, the principle of the proposal is considered to be acceptable. The applicant is also seeking a deed of variation to the s106 agreement attached to the London Borough of Hounslow planning permission for buildings 6 and 7 (LBH ref:00248/d6-7/-p1) to enable occupation of building 7 in advance of the delivery of the bridge. This matter is discussed in detail in the remainder of this report. Design and impact on the character of the area Chapter 7 of the London Plan provides overarching principles for urban design in London, highlighting considerations such as inclusive design (policy 7.2), designing out crime (policy 7.3) and local character (policy 7.4). Ealing s Core Strategy polices 1.1 and 1.2 provide general design principles against which developments should be assessed. These policies are reinforced by policies 7.4 (Local Character) and 7B (Design Amenity) of the Ealing Development Plan Design and appearance The alignment of the bridge would follow a gentle curve in plan form and would have a route of approximately 300m, incorporating 125m of suspended bridge and 180m of pathway and stairs. The bridge would maintain a minimum clear width of 2.4m between handrails with a handrail level of 1.15m above the walking surface. The bridge portion of the route would be supported structurally at four locations, creating a three span tied arch system, the result of which would be a significantly taller bridge than those previously approved in 2003 and The tallest of the arches would measure approximately 13.5m in height from the walking surface, whereas the e2003 and 2006 proposals were for a relatively low-rise bridge, where the handrail and deck was used as the top and bottom chords of a vierendeel truss. The current proposal would also achieve a vertical clearance of 6m from the railway line as required by Network Rail and 5m clearance above the internal access road in Chiswick Business Park to allow for large vehicles. Page 14 of 19

15 The bridge structure would be comprised of three tied arches with hanging cables to carry a precast concrete deck system. The arches would rest on V-shaped piers at the mid-spans. The arches would be formed in either mild steel or Corten. Corten steel is a copper chromium steel alloy, which has a greater resistance to atmospheric weathering and forms a natural orange colour. The Design and Access Statement submitted with the application states that if mild steel is used instead, it is proposed to paint the arches in a colour similar to that of Corton. The handrail and uprights would be made of stainless steel. Horizontal stressed wires at 100m centres would infill the area between the balustrades. The final walking surface of the bridge would be a resin bound gravel. At its western end, the bridge would connect to a pedestrian plaza at Chiswick Business Park at a level of 14m above ordnance datum (AOD). The route would then rise gently to its highest point of about 16m and would cross the railway line before landing on a support at the northwest corner of the Colonial Drive Site. Stairs and a lift are proposed at the eastern abutment linking the bridge to the proposed pedestrian footpath along the northern boundary of the Colonial Drive Site. This footpath would be approximately 180m long and would provide access to Bollo Lane and Chiswick Park Station beyond. The proposed bridge is much more architecturally inspiring than the previously approved schemes in 2003 and 2006 and greater attention has been given to its detailed design and appearance, including materials and lighting. The resultant bridge would complement the character and quality of Chiswick Business Park as well as the proposed development at Colonial Drive and would contribute to the provision of high quality pedestrian realm throughout these linked sites. The Design and Access Statement submitted with the application provides photo montages of the proposed bridge when viewed from the northwest corner of the Gunnersbury Triangle Local Nature Reserve. The images indicate that the bridge would be mostly screened from within the reserve and where visible would not be overbearing. Landscape design Notwithstanding the Landscape Design proposals contained within the Design and Access Statement, further refinement would be sought by planning condition to ensure that suitable species and materials are proposed. The Council s Tree Officer has also requested that a tree protection condition be incorporated to ensure that trees neighbouring the development site are not damaged during construction. Therefore, subject to conditions relating to materials and finishes, hard and soft landscaping and a lighting strategy, it is considered that the proposed bridge would positively contribute to the character and appearance of the area and would not result in any adverse impacts on the setting of the Gunnersbury Triangle Local Nature Reserve. Impact on nearby occupiers and land uses London Plan policies 7.6 and 7.15, Development Strategy policies 1.1(g) and (j) and Ealing Development Management Development Plan Document policies 7A and 7B are relevant with regards to the impact on the amenities of neighbouring residential properties. Due to the relatively isolated location of the bridge, it is not considered that the structure would have any direct adverse impact on the amenities of any nearby occupiers. A condition is proposed Page 15 of 19

16 however, to seek full details of the proposed lighting strategy to ensure that the lighting levels are compatible with the area and to safeguard against any potential adverse impacts on neighbouring occupiers or on the nature conservation of Gunnersbury Triangle Local Nature Reserve. It is therefore considered that the subject to appropriate planning conditions, the proposals would not result in any unacceptable impacts on nearby occupiers or land uses. Any lighting strategy would be discharged in consultation with the London Wildlife Trust. For safety and operational reasons, Network Rail would also need to agree the lighting strategy and the colour of the proposed bridge. Inclusive design London Plan policy 7.2 An inclusive Environment seeks to secure the highest standards of accessibility and inclusion for all people. There are no mandatory disabled access standards for a public footbridge. The bridge has been designed to provide a smooth continuous route with the minimum height changes and where ramping is proposed, gradients would not exceed 1:20. The proposed walkway at 2.4m wide would allow generous space for people with wheelchairs and pushchairs to pass. Cyclists would be required to dismount when using the bridge. Due to the required clearance near to the eastern abutment, it has not been possible to provide a ramp at the Colonial Drive end. This is due to the excessive length of the ramp that would be required and the constraints of the shape of the Colonial Drive site. Therefore a lift and stairs are proposed at this end of the bridge. The Design and Access Statement confirms that lift would be fully DDA compliant at 1.4m x 1.1m and would be suitable for wheelchair users, small motorised buggies and families with pushchairs. The lift would be glazed in the interests of safety and security. However, not all sides of the lift car would need to be glazed. Further improvements to the design of the stairs have also been made with the applicant, to improve accessibility in the event that the lift is not available. These amendments were secured by planning condition in the 2012 permission butt have now been incorporated into the design. The eastern abutment would incorporate a level landing of 2.4m by 2.4m midway to allow respite for disabled people and people with push chairs in the event the lift is not available. It is therefore considered that the proposed pedestrian footbridge would provide satisfactory access for disabled people and people with pushchairs. Safety and security Policy 7.3 of the London Plan 2015 requires that the layout and design of new development be based on the promotion of a safe and secure environment, including the maximum possible adoption of natural surveillance of public spaces. As with the previously approved schemes, the proposed footbridge and footpath has not been designed as a cycle route. The Council s Transport Services and Highways Management Teams have confirmed that this is acceptable and that there are sufficient alternative routes for cyclists. The design of the proposed development has been informed by the comments and scrutiny of the Metropolitan Police Crime Prevention Design Advisor at pre-application stage. Page 16 of 19

17 The proposed bridge and footpath have been designed within the context of the redevelopment of the Colonial Drive site to optimise opportunities for natural and passive surveillance. Together with the maintenance and servicing obligations discussed above, the following secured by design measures have been taken into consideration: A clear view of the inside of the lift car would be provide by glazing the sides of the lift. This would mean that a user would feel confident when approaching the lift and would also deter vandalism ; The landscaping around the stairs and lift would be designed to discourage people from loitering underneath; Lighting and CCTV is proposed inside and outside the lift and the area would be patrolled by security personnel at Chiswick Business Park; Detailed design of the Colonial Drive scheme including active frontages, lighting scheme, passive surveillance from upper residential floors, 24 hour manned residential reception and the location of the proposed estates office at the western end of the site adjacent to the public footbridge. It is therefore considered that the subject to appropriate planning conditions, the proposals would comply with the aims and objectives of secured by design. Planning Obligations/ Community Infrastructure Levy In addition to S106 contributions and other requirements, the Mayor s Community Infrastructure Levy (CIL) was adopted on 1st April This has introduced a charging system within Ealing of 35 per sq. of gross internal floor area to be paid to the GLA. The footbridge proposals would not be liable for CIL and no planning obligations are sought by legal agreement. However, the applicant has requested that the existing s106 legal agreement be varied to amend obligations relating to the occupation of Building 7, which is nearing completion. It is requested that the obligation that restricts occupation of Building 7 unless either the footbridge is complete or a financial contribution has been made to the Council, be changed to allow occupation prior of the completion of the bridge. As discussed above, the footbridge is required to mitigate the impact of Chiswick Business Park and in particular Building 7 on Gunnersbury Station. TfL and the GLA have been consulted on the application and while they raise no objection to the bridge itself, they are concerned with the impact of the proposed deed of variation. The applicant has advised that the amendment is requested to maximise opportunities for the letting of the new building, which in turn would foster economic activity and increase employment opportunities in the area. The applicant has advised that they intend to build the new bridge as soon as possible, within 6 months of obtaining permission, whilst any tenancy secured would require extensive further internal fitting out of the building (which can take up to 6 months), and so it is unlikely the building would be occupied for a long period without the bridge being operational. To support this request the applicant has carried out modelling of the safety and capacity impacts of the early occupation of Building 7 having regard to existing conditions at Gunnersbury Station. This modelling has been reviewed by Transport for London (TfL) (the operator of the station). It forecasts the impact of full occupation of Building 7 on Gunnersbury station s usage in the peak period and also considers the impact of the footbridge to Chiswick Park station. Page 17 of 19

18 The assessment shows that if Building 7 was fully occupied before the bridge was in place (allowing workers to use Chiswick Park station), this would be likely to lead to an increase in usage at Gunnersbury station of circa 260 passengers in the morning peak period. This equates to an increase of around 3.8% based on the counts. It is expected the bridge would be completed in Once the bridge is delivered, usage of Gunnersbury station is forecast to fall by approximately 170 passengers compared to current levels. TfL has agreed the temporary potential increase in usage subject to a number of mitigation measures such as contribution towards temporary station mitigation costs and delivery of two additional bus stops on the Chiswick park Estate until the bridge is opened. Negotations between the applicant, TfL and both Hounslow and Ealing Council are on-going and are being finalised but are likely to require: Building 7 cannot be occupied until the property agreements that facilitate the delivery of the bridge are entered into; Sufficient finance to be held in escrow to bond the developer to transfer funds to allow full completion of the bridge should its delivery be withheld for any reason; A contribution to TfL for temporary station mitigation costs to control crowding until the bridge is delivered either in a one-off payment or monthly payments until the bridge is complete; and Endeavours to provide additional two additional bus stops/ cages within the park for Route 27 on the Chiswick Park Estate, with necessary rights of way. In respect of additional mitigation discussions have been held between Hounslow Council, TfL, and the applicant. The applicant has advised that further restrictions on the occupancy of Building 7 would be a deterrent to their financiers and potential occupiers, harming employment opportunities. As stated above, an application was submitted concurrently to the London Borough of Hounslow. The application was considered by their Planning Committee on 10 th December 2015 who approved the application for the bridge subject to the heads of terms being agreed by 1 st March Therefore, it is recommended that the existing legal deed (dated 6 September 2007) associated with planning permission 00248/D6-7/P1 should be varied to amend obligations relating to the restriction on occupation of Building 7 and the delivery of the footbridge, to allow earlier occupation subject to the additional provisions to secure the completion of the bridge as discussed above. However, given that discussions between the parties are on-going in this respect, it is recommended that the Planning Committee approve the bridge subject to the variation of the existing s106 legal agreement dated 6 th September 2007 to permit occupation of Building 7 subject to appropriate mitigation being agreed with Transport for London as planning obligations to be secured by prior completion of a satisfactory legal agreement under Section 106 of the Town and Country Planning Act 1990 and/or other legislation, the exact terms of which shall be negotiated by appropriate officers within Planning Services and Legal Services in consultation with the Chair of the Planning Committee. The satisfactory legal agreement outlined above shall be completed by 1st March 2016 or such extended period as may be agreed in writing by appropriate officers within Planning Services. Page 18 of 19