LONDON BOROUGH OF BARNET

Transcription

1 LONDON BOROUGH OF BARNET PLANNING AND ENVIRONMENT COMMITTEE Agenda Item 9 HENDON AREA 25 January 2006 Report of the Head of Planning BACKGROUND PAPERS GENERAL STATEMENT The background papers to the reports contained in the agenda items which follow comprise the application and relevant planning history files, which may be identified by their reference numbers, and other documents where they are specified as a background paper in individual reports. These files and documents may be inspected at: HENDON AREA OFFICE Barnet House 1255 High Road Whetstone London N20 0EJ Contact Officer: Mrs V Bell,

2 PLANNING AND ENVIRONMENT COMMITTEE HENDON AREA DATE: 25 January 2006 INDEX TO THE REPORT OF THE HEAD OF PLANNING W13937/04 West Hendon WEST HENDON ESTATE, RAMSEY CLOSE, YOUTH SAILING BASE, COOL OAK LANE, DEERFIELDS SOCIAL CLUB, STATION ROAD, AND WEST HENDON BROADWAY Redevelopment of site including the demolition of all existing buildings and construction of 2171 new residential units, approximately 10,000sqm of nonresidential floorspace for retail (Class A1), office (Class A2), food and drink (Class A3), business (Class B1), hotel (Class C1) and social/community and leisure (Classes D1 and D2) uses and provision of associated public and private open space, landscaping, car parking, access arrangements and highway/pedestrian improvements. Submission of Environmental Statement AMENDMENT TO SECTION 106 HEADS OF TERMS 8

3 LOCATION: West Hendon Estate, Ramsey Close, Youth Sailing Base, Cool Oak Lane, Deerfields Social Club, Station Road; and West Hendon Broadway REFERENCE: W13937/04 Received: 21 Dec 2004 Accepted: 21 Dec 2004 WARD: West Hendon Expiry: Final Revisions: APPLICANT: Metropolitan West Hendon PROPOSAL: Redevelopment of site including the demolition of all existing buildings and construction of 2171 new residential units, approximately 10,000sqm of nonresidential floorspace for retail (Class A1), office (Class A2), food and drink (Class A3), business (Class B1), hotel (Class C1) and social/community and leisure (Classes D1 and D2) uses and provision of associated public and private open space, landscaping, car parking, access arrangements and highway/pedestrian improvements. Submission of Environmental Statement AMENDMENT TO S106 HEADS OF TERMS RECOMMENDATION: Amend S106 Heads of Terms by inclusion of two additional obligations as follows:- 1. Energy Prior to the commencement of development the applicant shall submit a sitewide energy strategy for the approval of the Local Planning Authority and the Greater London Authority. This shall include the projection of annual energy demands, including carbon emissions. The strategy shalll show how the total energy demand will be reduced by 20% relative to the baseline assessment, through improvements to building energy efficiency standards. The feasibility of using Combined Heat and Power (CHP) shall be investigated, as shall the potential to use on-site renewable energy to reduce carbon emissions by a further 10%. An energy statement shall support each of the future individual phases of the development and shall be consistent with the approved site-wide strategy. 9

4 2. Accessibility and Inclusive Design Prior to the submission of any reseved matters the applicant shall submit a revised Access Statement to the Local Planning Authority for approval which secures the provision of 100% Lifetime Homes and 10% wheelchair accessible homes as required by the London Plan. Any departure from this provision shall be justified and be subject to the approval of the Local Planning Autority and Greater London Authority. This provision of inclusive access shall extend to the public realm and individual phases of the development shall be consistent with a site-wide strategy. INFORMATIVE(S):- 1. The reason for this grant of planning permission or other planning related decision is as follows: i) The proposed development accords with strategic planning guidance and policies as set out in the Mayor's London Plan (published 10 February 2004), Mayors Draft SPG on Sustainable Design and Construction -, Sustainabilty Appraisal of the Draft Alterations to the London Plan (Spatial Development Strategy for Greater London) - October 2005 and the Adopted Unitary Development Plan/Revised Deposit Draft Modifications Unitary Development Plan (refer to appended report). ii) The proposal is acceptable for the following reason(s): The amendments would accord with the principles established by the masterplan and will assist in securing key sustainable development objectives. 1. MATERIAL CONSIDERATIONS See appended report for details. 2. PLANNING APPRAISAL See appended report for details. BACKGROUND Members will recall on the 27 th July last year resolving to grant outline consent for the proposals subject to their referral to the Secretary of State and the 10

5 Mayor of London, the completion of a S106 agreement and safeguarding conditions. The officer s report to committee is attached for your information. The application has not as yet been referred to the higher authorities but since this time there have been ongoing discussions with the Greater London Authority and other stakeholders in relation to the project and considerable work has been undertaken in preparing the detailed Section 106 agreement, now nearing completion. To this end the Local Planning Authority and Metropolitan West Hendon Partners have given further consideration to the sustainable qualities of the proposed regeneration scheme and particularly to those elements that could make the development more usable for residents, enhance its attractiveness and longer term environmental performance. As a result of this review and in light of evolving strategic and local guidance and advice on sustainable development that will emerge from the ODPM, Mayors office and the Council, there are two topic areas where additional commitment from the housing partners is proposed as part of the outline planning process. Energy :- It is intended that a site-wide energy strategy will be proposed, to which the developer will commit as part of the S106 Agreement. This will include the projection of annual energy demands, including carbon emissions. The strategy will show how the total energy demand will be reduced by 20% relative to the baseline assessment, through improvements to building energy efficiency standards. The feasibility of using CHP will be investigated, as will the potential to use on-site renewable energy to reduce carbon emissions by a further 10%. An energy statement will support each of the future individual phases of the development and will be consistent with the approved site-wide strategy. Accessibilty and Inclusive Design :- The second item concerns inclusive access to the homes provided in the development, and the housing partners have decided to revise the Access Statement previously submitted, and through the Section 106 Agreement, meet the full complement of lifetime (100%) and wheelchair accessible (10%) homes required by the London Plan. This provision of inclusive access will extend to the public realm, and again, each individual phase will need to be consistent with a site-wide strategy. It is considered that these additional Section 106 provisions will help to achieve a consistency of approach to a development that will be undertaken over a considerable period of time, and set valuable parameters that can be used to shape the scheme in a more effective and sustainable manner. 11

6 Members approval is therefore sought to include these items within the Section 106 Agreement. All other matters relating to the outline planning application as previously considered, including the recommendation remain unchanged. 12

7 APPENDIX Location: Applicant: West Hendon Estate, Ramsey Close, Youth Sailing Base, Cool Oak Lane, Deerfields Social Club, Station Road; and West Hendon Broadway Metropolitan West Hendon LPA Reference: W13937/04 Proposal: Demolition of all existing buildings in Rosemead, Warner Close, Tyrrel Way, Marsh Drive, Marriotts Close, and Ramsey Close; Nos and West Hendon Broadway; The Deerfields Social Club and Institute, Station Road; Lakeview Children s Centre, Youth Sailing Base and adjacent car park, Cool Oak Lane. Redevelopment with a maximum of 2171 dwellings (including affordable) comprising 1-bed, 2-bed, 3-bed and 4-bed apartments, 3 and 4-bed houses and associated car parking; approximately 10,000 square metres of non-residential buildings and associated parking, including local supermarket, units for Class A1-A5 and B1 use, units for Class C1, D1 and D2 use including Primary Care Trust, new Youth Sailing Base, new ex-servicemen s club, new social club; provision of new public open space including civic square; landscaping and environmental improvements around the Welsh Harp including construction of new pedestrian bridges adjacent to Halfords and next to the existing Cool Oak Lane Bridge; formation of new northern vehicular access to site from West Hendon Broadway, improvement of existing vehicular accesses off Perryfield Way and Cool Oak Lane with associated highway improvements on West Hendon Broadway, Cool Oak Lane, Station Road, Herbert Road, Garrick Road and Wilberforce Road. Submission of Environmental Statement. Recommendation: Resolution to approve subject to: 1. The application being referred to the First Secretary of State as a departure from the development plan and no direction being received restricting a grant of planning permission; 26

8 2. The application being referred to the Mayor of London and no direction being received requiring refusal; 3. A Section 106 Obligation being entered into with the applicant dealing with the Heads of Terms outlined below: and 4. Imposition of the conditions set out below. 1. RELEVANT PREVIOUS DECISIONS Application Ref. W01731JS/ 04 Address Description of Development Decision and Date Grahame Park Estate Redevelopment involving the demolition of 1314 existing residential units and construction of 2977 units providing a total of 3440 units on the estate, provision of approx 9074sqm of replacement retail, office, food & drink and social and community uses and associated public and private open space, car parking and access arrangements. Submission of Environmental Statement. Resolution to grant subject to completion of S106 Obligation 8 September 2004 W13582/04 Stonegrove & Spur Road Estates Demolition of 603 existing units, school and all other existing buildings on site and redevelopment to include the erection of 1355 new residential units, community centre with health facility, church, church hall and parsonage and provision of associated public and private open space and car parking with new accesses onto Stonegrove and Spur Road and retention of existing accesses at Green Lane and Kings Drive. Submission of Environmental Statement. Resolution to grant subject to completion of S106 Obligation 22 September

9 W00198AA/ 05 Former East site. RAF Camp Redevelopment of site comprising 2800 residential units, approximately 7850sqm of retail, financial and professional services, food & drink, business, leisure and community uses and driving test centre with associated landscaped open space, car parking and access arrangements. Submission of Environmental Statement. 8 April Approved with conditions Ealing Family Housing Association B P Oil Ltd Perryfields House for the Elderly, Tyrral Way Welsh Harp Service Station, 281 The Broadway Demolition of existing buildings and creation of 3 storey 52 bed care home and 50 place day centre with associated car parking Demolition of existing service station and erection of new service station with canopy, pumps, underground pump crossover and landscaping 28/08/02 Approved conditions 06/07/04 Approved conditions with with 2. CORPORATE PRIORITIES AND DECISIONS 2.1 Barnet Housing Strategy. The strategy was published in January 2004 and highlights the following five Strategic Objectives: (a) Creating local quality environments (including: the regeneration of the Council s four priority estates: West Hendon, Grahame Park, Stone Grove and Dollis Valley) in partnership with other organisations; promoting balanced, mixed and cohesive communities, and; tackling crime and anti-social behaviour; (b) Improving the quality of housing and delivering Decent Homes; (c) Increasing housing supply and balancing housing need (including: increasing the amount of affordable housing; increasing density through high quality design; delivering a range of intermediate housing options for key workers and others on low or moderate incomes, and; making best use of existing resources); (d) Providing quality services; and (e) Supporting vulnerable people (including: providing an appropriate mix of housing to meet the needs of older people; providing accommodation and support for independent living, and; offering choice). 28

10 2.2 Barnet s Community Plan Local authorities have a duty under s.2 of the Local Government Act 2000 to prepare a community strategy for their area. Following extensive consultation with stakeholders, Barnet First Class, the community plan (strategy) for Barnet ( ) was published in November Its vision for Barnet is a place: (a) Where people want to live and work; (b) Where first class services are offered to all residents; (c) Where successful communities are working & thriving, and as a result; (d) Where quality of life continues demonstrably to improve. Of the five priorities in the Plan, the four most relevant to these proposals are: (a) A secure and supportive community with objectives to: reduce street crime, burglary, vehicle crime and fear of crime and ensure that barriers to opportunity for disabled people are tackled (b) A learning community with objectives to: raise standards of attainment for students in the age range enhance their life chances by expanding curriculum opportunities (c) An environmentally responsive community with objectives to: protect the green belt enhance our green spaces make our streets cleaner increase recycling improve the quality and standard of homes (with a target of increasing the percentage of properties meeting the Decent Homes standard from 61% to 79% between 2003/4 and 2007/8) increase supply and address housing need tackle homelessness (d) Fostering an enterprising community with objectives to: Regenerate priority housing estates (with a target of regeneration of West Hendon, Grahame Park, Stone Grove/Spur Road and Dollis Valley the stated aim is that all masterplans to be agreed by 2004, with 50% of the development programmed to be completed by Make best use of land and assets to foster enterprise and benefit local communities (with a target to develop and implement an Asset Management Plan by July 2003) reduce traffic congestion improve public transport 29

11 ensure local communities obtain maximum benefit from major new developments (with a target of using a Development Benefits Toolkit to help place people in jobs, develop learning opportunities and improve local education and health services enable local regeneration opportunities (with a target of working with the LDA to identify suitable regeneration opportunities) 2.3 Barnet s Corporate Plan The Council s Corporate Plan was published in July 2004 and covers the period 2003/4-2007/8. The plan sets out the Council s commitment to delivering its five priorities, what it aims to achieve and by when. These five priorities are: (a) A first class education service (including the objective of providing new schools through PFI and other schemes); (b) Tackling crime; (c) Supporting the vulnerable in our community; (d) A cleaner greener Barnet (including the objective of regenerating the priority estates of West Hendon, Grahame Park & Stone Grove); and (e) Repairing roads & pavements. 2.4 The Three Strands The Council has prepared a three strands approach to development within the Borough which will provide a vision and direction for future development and planning in Barnet. The strategy was endorsed by Cabinet on 22 November The Local Development Framework (LDF) will be the statutory plan that will take forward the Three Strands Strategy towards a formal policy and plan for the Borough. The LDF will underpin the vision and philosophy for developing spatial policies and Area Action Plans and is due to be completed by 2007/2008. The Three Strands Approach is based around the three issues of protection, enhancement and growth (PEG). The new strategy will protect Barnet s green spaces, enhance its high quality suburbs and deliver new housing and sustainable communities appropriately in areas providing such opportunity. Within the Borough there are a variety of opportunity areas where sustainable development can be achieved through focused and targeted planning. It is within these areas that development will be concentrated. 30

12 West Hendon town centre and estate are strategically situated in relation to existing transport infrastructure and significant areas of open space and natural quality namely the Welsh Harp, a designated Site of Special Scientific Interest (SSSI). However they also feature unattractive and poorly designed built environments and limited commercial and employment opportunities. Overall the combination of these factors presents a key opportunity in the Borough for enabling comprehensive improvement in line with the third strand of the Three Strands Approach Growth. These Corporate priorities are all material considerations in the determination of the planning application. 3. PRE-APPLICATION CONSULTATION The applicants were selected as the Council s preferred partner in June 2002 following a rigorous assessment process that included residents and local stakeholders. Since selection the applicants have undertaken extensive consultation with stakeholders. The primary consultation has been with existing residents and households in the immediate vicinity. Full details of the Consultation process can be found in the applicant s Masterplan Statement. The Consultation process has continued since the application submission. In summary consultation has been undertaken in various forms as described below. 3.1 Newsletters Newsletters have been circulated to residents and the wider community on a bimonthly basis. 3.2 Resident Regeneration Group This Group holds regular meetings attended by a representative group of residents who sit in two sub-groups: the Planning and Design Sub-Group and Management Group. The Planning and Design Group s role is to ensure that residents are fully involved in developing the masterplan for the area. The group works with the applicants consultants to discuss relevant topics including: the planning process; physical constraints of the site; 31

13 housing density; traffic and transport; and design. The Management sub-group considers a range of issues including decant, allocations and tenancy agreement. 4. KEY RELEVANT PLANNING POLICY 4.1 Introduction Section 38 (6) of the Planning and Compulsory Purchase Act 2004, requires that, if regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise. Section 38(5) states that if a policy contained in a development plan conflicts with another policy in the development plan the conflict must be resolved in favour of the policy which is contained in the last document to be adopted, approved or published. This is the basis for the consideration of this planning application. The statutory development plan comprises the adopted Barnet UDP, 1991 and The London Plan, There have been significant changes in both national and regional policy since the adoption of the UDP in Many of the policies within the adopted UDP do not reflect up to date central government guidance. In particular the adopted UDP precedes current central government policy on affordable housing and the emphasis on maximising the efficient use of land and achieving higher densities of development and the Government s Sustainable Communities Plan. Planning Policy Statement (PPS) 1 (Para. 19 of Annex B) makes clear that account can be taken of emerging development plan policy when determining applications, with the weight being attached to such policies depending upon the stage of plan review, increasing as successive stages are reached. In terms of the UDP Review the Council has now approved the post inquiry modifications which were placed on deposit on 8 July until 19 August These will be a material consideration in the determination of this application, which should be given very considerable weight given the stage in the review process reached; particularly where policies accord with the Inspectors Recommendations. All UDP policies referred to below are, therefore, those contained within the Unitary Development Plan Revised Deposit Draft 32

14 Modifications (UDPRDDM), although reference should also be made to relevant policies in the adopted Plan as identified in Appendix 1 of this report. Other planning policy guidance relevant to this proposal is contained within PPGs and PPSs and the Councils SPG entitled the Cricklewood, Brent Cross and West Hendon Regeneration Area Development Framework (April 2004). Other material considerations include the Council s Community Plan, Corporate Plan, Housing Strategy and the Three Strands (see Section 2 above) relevant to this regeneration of West Hendon. 4.2 Central Government Guidance National guidance is currently provided by way of planning policy guidance (PPG s) notes and planning policy statements (PPS ) which are replacing PPG s. The PPGs and PPSs of most relevance to the determination of this application are: 1) PPS1 - Creating Sustainable Communities (2005) 2) PPG3 Housing (2001 as amended 2004) 3) PPS6 Planning for Town Centres (2005) 4) PPG9 Nature Conservation (1994) 5) PPG 13 Transport (2001) 6) PPG16 Archaeology & Planning (1990) 7) PPG17 Sport and Recreation 8) PPG24 - Planning and Noise (1994) 9) PPG25 - Development and Flood Risk (2001) 10) PPS22 Renewable Energy (2004) A summary of the key national guidance and policies within these documents can be found in Appendix 2 to this report. 4.3 The London Plan The London Plan was adopted in February It provides strategic planning policy for all London Boroughs for the period up to The London Plan contains both area based policies and more general policies including those relating to regeneration and housing which are material to the consideration of this planning application. These are identified in Appendix 3 of this report. The site is located within the Cricklewood and Brent Cross 33

15 Opportunity Area for which the Mayor has adopted the Council s Development Framework as his Opportunity Area Framework in accordance with Policy 5E.2 of the London Plan. The London Mayor notes the existence of draft Affordable Housing SPG pursuant to the London Plan. 4.4 Unitary Development Plan Adopted Barnet UDP, 1991 Relevant polices are identified in Appendix Unitary Development Plan Revised Deposit Draft Modifications, June 2005 Relevant polices are identified in Appendix 1. In January 2003 the Council approved an additional Chapter for the emerging UDP entitled Cricklewood, West Hendon and Brent Cross Regeneration Area. This Chapter is now embodied within the emerging UDP and proposed modifications to the Chapter following the Inspectors Report are contained within the UDPRDDM. The relevant policies contained within this Chapter can be found in Appendix 1 and are considered within Section 8.1 of this Report. In April 2004 the Council approved the Cricklewood, Brent Cross and West Hendon Regeneration Area Development Framework as Supplementary Planning Guidance. This is referred to in detail within Section 8.1 of this Report Conclusions All the documents referred to in Sections 2 and 4 are material considerations in the determination of this planning application, albeit with different weight attached to each. The weight to be attached is considered below. 5. DESCRIPTION OF DEVELOPMENT, THE SITE AND SURROUNDING AREA 5.1 Description of Development The application seeks outline planning permission for the demolition of existing residential and other buildings and redevelopment comprising the following: 34

16 Construction of up to 2171 residential units. Construction of up to 10,000sq.m of non-residential buildings including a local supermarket (Class A1), units for Class A1-A5 (Retail, Financial and Professional Services, Restaurants/Cafes, Drinking Establishments and Hot Food Take-Aways), and B1 (Business) use, units for Class C1 (Hotels), D1 (Non-Residential Institutions) and D2 (Assembly and Leisure) including Primary Care Trust, replacement Youth Sailing Base, new ex-servicemen s club and new social club. Public open space provision of at least 3.0 hectares. Provision of a minimum of 2171 parking spaces (a ratio of at least 1:1). Pedestrian and cycle routes including a new bridge adjacent to Cool Oak Lane Bridge and new bridge to cross Silk Stream. Means of access and off-site highway works. All other matters are reserved for future determination. These are siting, design, external appearance and landscaping. In addition the proposal will also provide for a replacement facility for the Lakeview Centre at the new Hyde Primary School located to the north west of the site and a new ballpark on the Welsh Harp as a replacement for the existing ball park facility on the Estate. 5.2 Description of Site and Surrounding Area The West Hendon Estate falls within the wider Cricklewood, West Hendon and Brent Cross Regeneration Area as defined within the adopted Development Framework. The Estate itself lies between West Hendon Broadway to the north east and Brent Reservoir. Brent Reservoir is a Site of Special Scientific Interest (SSSI) which itself sits within a Site of Metropolitan Importance for Nature Conservation (SMINC) as defined by the UDP. The site is strategically located to the north west of the M1 motorway (Junction 1) and linked to the A406 North Circular Road and the A5 Edgware Road which forms part of the north eastern boundary. The Midland Mainline and Thameslink railway runs north to south to the east of the site. The application site comprises an area of ha. Within the site there are currently 680 residential units comprising 1960 s, 1970 s and 1980 s (Ramsey Close) housing stock. These are proposed to be demolished along with all nonresidential buildings on the Estate including the Lakeview Centre, Community Centre, Marquin Centre and the Deerfield and West Hendon Social Club. 35

17 The surrounding area is predominantly residential with the exception of the large area of the Brent Reservoir. 6. ENVIRONMENTAL IMPACT ASSESSMENT The proposed development falls within Schedule 2 of the Environmental Impact Assessment (EIA) Regulations 1999 (the 1999 Regulations). The applicants requested a screening and scoping opinion on 12 May The Councils scoping opinion provides an indication of the environmental issues in relation to which the impacts of the proposed development need to be assessed. These are: Traffic and transportation Planning and land-use (including design and visual impact) Socio-economic issues (in particular housing, education and community infrastructure) Ecology Trees and landscaping (in particular with regard to the Welsh Harp SSSI) Pollution and contamination (air, water and soil) Drainage and flood risk Natural resources and energy use including waste management Noise and Vibration Micro-climate and wind Off-site infrastructure Archaeology and cultural heritage Phasing of development The inter-relationships between the above where appropriate The cumulative impacts of the development and other known developments in the vicinity The application is submitted in outline form and is accompanied by an Environmental Statement (ES). The 1999 Regulations identify what information 36

18 is required to be included in an ES; i.e. as is reasonably required to assess the environmental effects of the development. The ES incorporates the following: 1. Environmental Statement prepared by ERM (December 2004) 2. Non-Technical Summary of the Environmental Statement prepared by ERM (December 2004) 3. Addendum to the Environmental Statement prepared by ERM (June 2005) Having reviewed the material submitted with the application it was considered that the Environmental Statement (2004) by the applicants did not contain sufficient information to enable the significance of the environmental impacts to be fully assessed and a request for further information was made of the applicants under Regulation 19 of the 1999 Regulations on 26 May This further information was submitted by the applicants on 21 June 2005 and included information in respect of the following issues: Community Facilities Medical Facilities Open Space Provision Visual Impact Daylight, Sunlight and Overshadowing Flooding Ecology Micro-Climate Transport Employment, Training and Education It was subsequently re-consulted on by the Council in accordance with the 1999 Regulations. The information provided accords with the 1999 Regulations in terms of what is required for inclusion within an ES. It also addresses all the issues as identified by the Council s scoping opinion. Officers are satisfied that sufficient information has now been submitted such that it now constitutes an ES. The ES considers the significance of impacts expected to arise from the proposals. Any reserved or detailed matters submitted pursuant to the outline 37

19 will need to fall within the limits or parameters identified and assessed in the Environmental Statement. In terms of defining the parameters the following information is important. 6.1 Parameters Plan A Parameters Plan (ref: AL(0)405 G) defines the land uses and disposition of uses across the site, the maximum height of the proposed buildings, the access and circulation arrangements within the site, the open space provision and proposed parking provision. 6.2 Phasing Plan The application includes a strategic Phased Construction Programme which identifies the proposed sequence of development. The applicant s Construction and Programme Statement clarifies the sequencing of phases, identifying the proposed construction sequence over a 12 year period. Each phase shows the sequencing for demolition of existing development and the maximum number of new residential units to be developed in each phase. It also identifies the new roads and infrastructure as well as the community facilities, open space provision and temporary facilities within each phase. The phasing ensures that all existing residents will be decanted over a 5 year period and that a satisfactory level of infrastructure and community facilities are provided on site at that time to meet the impacts arising from the development. The Phasing Plans, Parameters Plan and Planning Statement define the parameters of the development that would need to be secured within conditions attached to any planning permission, if the Council is minded to approve these proposals. Such conditions would ensure that all the details reserved for subsequent approval are brought forward in accordance with these plans and that a detailed phasing plan be submitted to and approved by the Local Planning Authority prior to the commencement of development. This would ensure that the proposals are built in accordance with a clearly defined set of parameters. The Environmental Statement assesses the impact of the proposed development based on these identified parameters. This will ensure that decisions will not be deferred on any matter which is likely to have a significant effect on the environment or on any mitigation measures in respect of such an effect. In addition to the ES, the application also comprises the following information: 38

20 1. Planning Report prepared by Scott Wilson (December 2004) 2. Planning Report Addendum by Scott Wilson (June 2005) 3. Master Plan Statement (December 2004) including amendments of 21 June 2005 to Executive Summary and Development Briefs prepared by Metropolitan West Hendon). 4. Construction Statement prepared by mace (December 2004) 5. Access Statement prepared by Metropolitan West Hendon (December 2004) 6. Transport Assessment prepared by Scott Wilson (December 2004) 7. Transport Assessment Addendum prepared by Scott Wilson (June 2005) 8. Flood Risk Assessment prepared by Scot Wilson (December 2004) Scott Wilson, on behalf of the applicants, also submitted a letter accompanying the Planning Report Addendum dated 21 June Drawings i) Revised Master Plan Site Layout - Ref: AL0401K ii) Revised Development Parameters Ref: AL0405G iii) Application Site Plan Ref: AL0406B iv) The Wider Context Ref: AL0407B v) Existing Site Layout and Uses Ref: AL0409D vi) Road Layout and Access Proposals Ref: DOMHSEL/PA/11 vii) Road Layout and Access Proposals Ref: DOMHSEL/PA/12 viii) Road Layout and Access Proposals Ref: DOMHSEL/PA/13 ix) Road Layout and Access Proposals Ref: DOMHSEL/PA/14 x) Revised Transport Improvements Ref: DOMHSEL/PA/15J 7. STATUTORY AND NON-STATUTORY CONSULTATION RESPONSES 7.1 Consultation Requirements The pre-application consultation is set out in Section 3 above. After receipt of the application over 7000 local residents and businesses were consulted by hand delivered letters on 7 January The application was advertised as a departure from the Development Plan in the press on 13 January 2005 and on site. It was advertised as a departure by virtue of the development proposed on Metropolitan Open Land and York Park. It was also advertised on the basis that the application was accompanied by an Environmental Statement. Statutory consultees and adjoining local authorities were also consulted. 39

21 Five public exhibitions have been held on 18, 20, 25, 26 and 29 January These were staffed by both the applicants and Council Officers. Following a request from the Council by way of letter dated 26 May 2003 under Regulation 19 of the Town and Country Planning (Environmental Impact Assessment) Regulations 1999, further information from the applicant was received. Re-consultation was undertaken with a second round of letters being hand delivered on 22 June A second press notice on 23 June 2005 was published and re-consultation with statutory bodies and adjoining authorities undertaken. 7.2 Consultations and Views Expressed The comments below provide a summary of the representations received at the time of writing this report. The issues raised below are addressed within the assessment section of this report. Members will be updated on any other consultation responses received between writing the report and Committee. 7.3 Comments from Residents and Businesses At the time of writing this report a significant number of consultation responses had been received from local residents and other interested parties/interest groups. The views are summarised below, followed by responses received from statutory consultees. 7.4 Objecting Views West Hendon Action Group (WHAG) 94 standard type letters have been received from WHAG. The main issues raised can be summarised as follows:- This proposal is an over-development of the existing estate and will result in the housing density ranges set out in the London Plan being exceeded. The proposed figure of dwellings per hectare (DPH) is recommended for an estate and the proposed figure would give rise to a shortfall in provision for a sustainable development with adequate infrastructure to support it. The development is out of character with the surrounding area, which is largely characterised by Victorian terraces. The bulk, mass and scale of 40

22 the development would give rise to loss of visibility to those behind the proposed tower blocks and the development. The high density will generate excessive numbers of vehicles in an already over-crowded network. The resultant pollution of extra cars, standing traffic will harm the quality of air for West Hendon and the quality of life for residents. West Hendon Residents Association (WHRA) 56 standard type letters have been received from WHRA. The main issues raised can be summarised as follows: There are 680 homes on approximately 10.5 acres within an already fragile infrastructure. The plan to build 2,171 units will result in over-development of the site and the reintroduction of the social dilemmas, substance abuse, crime, and poverty that is endemic of nearly all similar housing estates built during the 1960/70 s period. This would further deepen the complications and difficulties that already exist, regarding health, education, pollution, parking, water, waste, light, green spaces, trees, wild life and the environment in general. High rise tower blocks are not appropriate for this and the surrounding area. 34 separate letters and s have also been received comments from which have been summarised below: (i) Traffic Levels of noise and disturbance from increased congestion will rise The volume of traffic along Cool Oak Lane will increase The additional units will generate excessive numbers of vehicles on an already over stretched local road network, particularly the A5 There is insufficient provision for parking (ii) Density, design, townscape and visual impact The proposal represents over-development of the site. The proposed density is in excess of the London Plan Guidelines. The development is out of character with the surrounding area of outstanding natural beauty 41

23 Height, bulk and mass of proposed buildings will be visually intrusive and will be an eyesore (iii) Loss of light, overlooking and privacy Loss of views, in particular of the area of the Brent Reservoir and surrounding area of natural beauty (iv) Environmental Noise and pollution from extra traffic. Drainage, Sewage and water table flooding risks resulting from underground parking. It is within an area of natural beauty and it should remain so. The scheme will have adverse effects on the wildlife in the area, throughout construction and there after Dust, noise and pollution associated with construction (v) Socio-economic issues: Leisure facilities are lacking, possibly leading to further social issues, vandalism, graffiti and crime Police won t be able to cope with the increase in population It will greatly reduce people quality of life in the area Lack of adequate medical services to support the proposed increase in population The placing of a nursery next to the reservoir is unacceptable Additional crime, social problems associated with high rise residential blocks. Loss of business during the construction of the proposal All of the Broadway would should be redeveloped not just part. A letter of objection has also been received enclosing a detailed research paper Rebuilding the Plot which looked into the West Hendon projects preapplication consultation process during the summer of 2003 and The study was undertaken by Daniel Taghioff as part of an MA dissertation in the Anthropology of Media at the University of London. The letter, drawing upon his research findings claims essentially that the process of consultation and engagement with residents in West Hendon was flawed. In particular access to key information such as building standards was limited and therefore residents groups were unable to take part in any meaningful discussions regarding the development of the scheme. It concludes by stating 42

24 that the regeneration process in West Hendon has not been properly conducted and residents have therefore been discriminated against and this compares unfavourably with other regeneration projects in Barnet. 7.5 Supporting letters 129 standard type response letters have been received stating the following:- I support the proposals to regenerate the West Hendon Estate and surrounding areas as outlined in the above application. The regeneration will mean: New environmentally friendly homes in a safer community New health and community facilities Money for education A further 169 standard type response letters have been submitted stating the following:- I would like to register my support for the regeneration scheme in West Hendon run by Metropolitan Housing Trust. For years now we have had consultation after consultation, and each time the residents of this estate have emphatically responded that they want this scheme to go ahead. I urge you to ensure that this chance to make a difference in West Hendon does not fall by the wayside. Please help us make a difference. 4 individual letters in support of the scheme were received. These raised the following issues: Regeneration is much needed in this area The development will bring new housing and jobs to the area West Hendon town centre needs significant investment A letter of support for the scheme has also been received from the Deerfield and West Hendon Social Club stating that the proposal will assist in securing the provision of a new club facility. 7.6 Consultation Responses from Statutory Consultees 43

25 7.6.1 Environment Agency The Environment Agency (EA) originally objected to the proposal (letter dated 22 February 2005) on the following grounds: Significant flood risk from the generation of surface water run-off. Insufficient information to enable the full assessment of the proximity of the proposed development and associated viewing platforms to the Silk Stream and River Brent Reservoir. Failure to provide a minimum of an 8 metre buffer zone between the proposals and the brink of the watercourse. Insufficient information to assess the impacts of the two proposed bridges upon the watercourses, their floodplains and associated river corridors. The EA s subsequent letter dated 9 May 2005 withdrew their objections subject to the imposition of suitable conditions. Conditions relating to the design of the two bridges, details of floor levels, surface water control works, provision of an 8 metre buffer strip, construction of walls and fences and ground levels are all required to ensure that the development does not give rise to an increased risk of flooding and the protection of the river environment. The EA request that they be consulted on any details submitted in relation to any such conditions imposed on any planning permission English Heritage (Listed Building and Archaeology Responses) English Heritage has responded by way of two letters (dated 3 and 7 February 2005). They state that they are confident the proposed works adjacent to the Grade II listed Cool Oak Bridge will not damage the bridge although note that the introduction of high rise development nearby is unlikely to improve the setting of the bridge. They seek that the metal conduit pipe should certainly be removed from the existing bridge when the detailed proposals come forward. In terms of archaeology they note the site has the potential for archaeological remains, although state this will be restricted by the impact of previous development. In particular, the potential for the site to contain remains of the prehistoric and Roman periods is highest, as the site is in a topographic position favourable to early settlement, and is bounded along the eastern side by a major Roman road. 44

26 No further work is considered necessary prior to determination of the planning application but the archaeological position of the site should be reserved by imposition of a condition to any planning permission granted. The condition should require securing the implementation of a programme of archaeological work in accordance with a written scheme of investigation to be submitted to and approved by the local planning authority. Should significant archaeological remains be encountered, evaluation and mitigation may be required Sport England Formal response to be reported at Committee English Nature (Essex, Hertfordshire and London Team) English Nature s letter dated 28 February 2005 states that they do not consider the proposal will have a significant impact on the integrity of the SSSI or individual interest features of the SSSI provided that suitable conditions are attached and enhancement measures to the SSSI are secured through an appropriate planning Obligation. A number of planning conditions were suggested. Details of these can be found at Appendix Thames Water No objections raised in principle to development subject to conditions Greater London Authority & Transport for London There has been ongoing dialogue with both the GLA and TfL since the application was submitted in December The Greater London Authority provided their Stage 1 Report on 13 July The GLA note that the application is the first regeneration programme in the West Hendon/Brent Cross area. The area is noted as being strategically important to Barnet and wider London and has been designated as an Opportunity Area within the London Plan. 45

27 The Mayor notes that the proposed development is generally consistent with the local and strategic objectives for the area before commenting on a number of more detailed matters; the key points of which are summarised below. The density of development is noted as exceeding the indicative guidance in the London Plan. However, the proposed density is considered acceptable given the proposed building form and massing and public transport accessibility of the site. The density is also consistent with the Development Framework, which has been adopted as the Mayor s Opportunity Area planning framework. The level of provision of affordable housing is accepted, although it is noted that it needs to be secured that the intermediate housing provision is genuinely affordable. Concerns are raised over the proposed mix of dwelling sizes and a greater provision of 3 and 4 bed units is sought unless justified otherwise. The Mayor accepts that the proposals will not impact on the openness of the Metropolitan Open Land. The Mayor considers that the proposal does not meet London Plan policy requirements with regards to lifetime homes standards and wheelchair accessible or easily adaptable homes. It is suggested that efforts be made to increase the indicative provision at the detailed stage. The Mayor also seeks confirmation at the detailed design stage that wider access issues have been addressed with regards to all potential users regardless of disability, age or gender. In terms of urban design the Mayor notes that the proposals have improved considerably since the commencement of the consultation period and most of his original concerns have been addressed. He notes that the scheme is more permeable with clearly defined streets which improves legibility and enhances views to the Welsh Harp reservoir and the park. The location of taller buildings reinforces these principles. The new civic square is considered key to the success of integrating the development. However, it is still not clear to the Mayor how this space will work. He recognises this is an issue to address at the detailed stage. The proposed mix of uses are supported in terms of providing for a balance of housing, employment and other community facilities. However, the Mayor has concerns relating to the impact arising from the proposal on the provision of social infrastructure necessary to maintain the increased population. This impact needs to be adequately mitigated. The Mayor notes the planning benefits that 46

28 will be secured as part of the proposal including financial contributions towards education places, bus service enhancement, the new Lakeview Centre at the Hyde School, financial contribution towards a replacement ball park and various transport improvements. Waste and energy are identified as key sustainable design issues. The Mayor suggests planning conditions to be attached requiring sustainability issues to be addressed at the detailed design stage. The Mayor notes the sites location adjacent to a SSSI and Metropolitan Site of Importance for Nature Conservation. This has given rise to significant concerns that the proposal will impact negatively on the biodiversity of the area. The impacts and mitigation are noted as having been subject to extended discussions between the applicants, English Nature, British Waterways and other local conservation bodies. These have resulted in English Nature forming the view that the overall impact of the development can be reduced if a number of conditions are attached to any planning permission relating to mitigation of construction impacts and the ongoing management of the reservoir. Transport for London has been involved in understanding the impact of the proposal on the existing transport networks. This report outlines a number of improvements, requirements and planning obligations required on the applicant to ensure these impacts are mitigated; these include the following: A highway layout along the A5 that incorporates bus lanes and cycling facilities; Encouragement for the use of integrated traffic signals; Enhanced toucan crossings on the A5 and improvement of bus stops; Completion of a Travel Plan to monitor traffic flow and influence modal share by encouraging more residents and visitors; Junction improvements; and Financial contribution towards enhancement of bus services. The Mayor accepts the proposed parking ratios. Concern is noted at the cycle parking provision which is less than the LCN cycle parking standards. Finally the Mayor notes that the London Development Agency is concerned that the true regeneration benefits should be transferred to the existing and new community. Initiatives to create training and employment opportunities and adequate planning obligations to address the impacts of regeneration on existing services are requested as well as clarification of the allocation of floorspace and re-provision of businesses. 47

29 In conclusion the Mayor supports the application in principle subject to the above issues being addressed. The application will need to be referred back to the Mayor if the Council is minded to grant planning permission providing him with opportunity to direct refusal of the permission Metropolitan Police Service A formal response will be reported at Committee London Fire Brigade No consultation response yet received Commission for Architecture and the Built Environment (Cabe) Cabe s letter (dated 11 October 2004) noted that they first reviewed the proposals for the redevelopment of West Hendon in Following this review the architects took part in a workshop day at Cabe in July 2004 and further comments were passed to the applicants at that time. Meetings involving the applicants design team and cabe design review staff have also taken place. Cabe consider that the fundamental order of the site planning is now clear and that the key routes and spaces have been successfully resolved. The approach to tall buildings and where they are sited is more convincing. Cabe state that it will be important that the quality of architecture within the detailed phases that are to come forward should match that of the current masterplan. Time and effort must be taken to produce buildings of distinction and quality. Cabe s letter concludes that they are happy to lend their support to the project Transco Transco s letter dated 27 April 2005 notes the location of a cable tunnel which runs down the A5 Edgware Road and adjacent to the proposed re-generation scheme in Hendon. They note that the developer should be advised of the position of the cable tunnel and ensure that foundations and piles for example are designed so as to avoid excessive loading or damage to the tunnel and horizontal clearance of 48

30 1.5m times tunnel OD. The developer should provide sufficient foundation design information to enable Transco to review this London Borough of Brent The London Borough of Brent (letter dated 20 June 2005) broadly support the scheme; they consider it to be of a high quality design and layout and to be the focal point of the regeneration of the West Hendon Broadway. They do, however, raise issues with regards to the following: i) traffic impact both within the development and on the surrounding areas; ii) the removal of bus lanes to facilitate the increase traffic and improve traffic flow; iii) the need for the imposition of suitable conditions imposed by English Nature to protect the SSSI; iv) ensuring the development is carried out in accordance with the principles of sustainable development; v) the impact of the tall buildings on the residential properties on the eastern side of West Hendon Broadway; vi) the perimeter block arrangement s ability to deliver sufficient daylight and sunlight; vii) ensuring a suitable design for the pedestrian Cool Oak Lane bridge in terms of impact upon the existing listed bridge; viii) ensuring views of Wembley Stadium from Hendon Central are preserved; ix) that comprehensive management schemes for the overall site, its car parking and social and affordable housing aspect be submitted and approved prior to the occupation of any units. LB Brent also make a number of other comments and observations on a number of issues which broadly fall under the following headings. Contaminated land Design Issues Regeneration of the Surrounding Area Impact on the views of Wembley Stadium Public Open Space Social and Affordable Housing Developer Contributions 49

31 Members can observe the response in full within the background papers The RSPB The RSPB (letter dated 2 March 2005) raise no objection to the proposed development subject to the imposition of suitable conditions in order to mitigate the adverse impacts arising from it relating to the following issues: Lighting impacts from the construction process. Disturbance to birds during construction. Disturbance to birds after construction British Waterways British Waterways (letter dated 22 March 2005) raise no objections to the scheme subject to the following issues: Provision of up-grading the approach to the Cool Oak Lane Bridge. Securing funding for a 3 yearly silt survey and investigation of the potential mitigation of future silt build up in the reservoir; possibly requiring the provision of a new silt trap. Careful attention of the Edgware Road Frontage Barnet NHS Primary Care Trust (PCT) The PCT (Letter dated 20 June 2005) welcome the regeneration of this area and in principle welcome the proposals for the proposed PCT premises subject to the provision of adequate health and social care infra-structure being provided to meet the needs of the new population. They note that the PCT have only limited funding and therefore could not fund the facility required for the new population. There is a need for the developer to address this provision through a Section 106 Obligation. The exact nature of provision needs to be agreed with the PCT although it is noted that the proposed area earmarked by the applicants is adequate. A number of comments on the specific nature of provision and procurement process are provided LB Barnet Leisure Services 50

32 Leisure Services (letter dated 25 May 2005) fully support the proposal for the reprovision of the Youth Sailing Base. They confirm that the single story option provides sufficient space to carry out the water based activities and with a community room on the ground floor the ability to provide community and dry activities Barnet Homes Barnet Homes (letter dated 27 April 2005) support the application. They note that this planned development is a great opportunity for residents at West Hendon to work closely within the regeneration process; they will have a major role to play in ensuring that we create a safe and secure environment to improve/enhance the quality of life of all who choose to live there. They indicate that there will be benefits to both the local environment and the local economy. They state this is exactly the kind of development we need to encourage if we are to move forward towards a more sustainable future LB Barnet Environmental Health Officer No objection in principle subject to imposition of detailed conditions London Wildlife Trust (Barnet Group) The Barnet branch of the London Wildlife Trust has submitted letters of objection to the proposed development enclosing correspondence from other local and national environmental groups outlining concerns in relation to the following matters: The Welsh Harp is a Site of Special Scientific Interest (SSSI) good condition Impact of large buildings on bird movements Disturbance to bats and requirement for bat surveys English Nature and RSPB objections A Disturbance Study has been prepared which should be considered in conjunction with the developers strategy The development of York Park The existence of mini/micro weather systems, air turbulence, and air thermals and effect upon bird movement Implications for wildlife during and post construction 51

33 Contamination of Brent Reservoir 8. PLANNING APPRAISAL 8.1 Introduction Within this section we assess the proposals against the statutory development plan and other material considerations. In respect of UDP policies, significant weight has been given to the up to date policies contained in the emerging UDP given the current stage it is at. UDP policies referred to are therefore those within the emerging UDP. The adopted Development Framework is also considered to carry significant weight in the determination of this planning application. 8.2 The Principle of Development The Statutory Development Plan The regeneration of this site is not envisaged in the adopted UDP. The site does, however, fall within the Crickelwood/Brent Cross Opportunity Area defined by the London Plan. In accordance with this allocation the strategic priorities for this area are to maximise the number of additional homes and ensure that the social and community infrastructure is retained, enhanced and expanded. The proposals will make a significant contribution to meeting the Borough-wide target of providing 17,780 additional dwellings between 1997 and 2016 set out in the London Plan Policy 3A.2 and also the emerging UDP The Emerging Development Plan The site falls within the area covered by the Cricklewood, West Hendon and Brent Cross regeneration area chapter of the emerging UDP. This emerging policy is an important material consideration in the determination of this application. Within this Chapter Policy GCrick identifies this area as a major regeneration opportunity. Within this area the Council will seek economically, socially and environmentally viable sustainable development which will enable the creation of an important, thriving place for urban activities and secure new homes and jobs and facilities to meet local and strategic needs. 52

34 Policy C1 states that the Council will seek the comprehensive development of the Cricklewood, West Hendon and Brent Cross Regeneration Area in accordance with the adopted Development Framework and Delivery Strategy to be approved by the Council. Proposals will be supported if they are consistent with policies in the UDP and their more detailed elaboration in the Development Framework. In accordance with the Inspectors Recommendation additional policy C1(A) within the UDPRDDM states that: Within the Within the Cricklewood, Brent Cross and West Hendon Regeneration Area, as defined on the Proposals Map, the council may consider planning proposals for the West Hendon area in advance of the remainder of the Regeneration Area. The mixed-use regeneration of the area should comprise the following: high density housing, built to the highest design qualities, to replace existing stock and create a mix of housing in terms of size, affordability, Lifetime Homes and wheelchair accessibility; A new local town centre to include a mix of retail, commercial, community and civic uses; Measures to protect and enhance the special scientific interest of the Welsh Harp SSSI and integrate it with the development and associated open spaces; increased movement capacity on the A5 locally to assist the movement of buses through the area and; measures to improve transport links to Hendon (mainline) Station. The UDPRDDM also includes the following new paragraph in accordance with the UDP Inspector s Recommendation: West Hendon is an integral part of the Regeneration Area. Its boundaries are broadly defined by the Welsh Harp arm of the Brent Reservoir in the west, and the Midland Mainline railway in the east. The northern and southern boundaries approximate to the extent of the existing residential area either side of the A5 Edgware Road. The present West Hendon housing estate consists of a variety of dwelling types, where the majority are in poor condition. The Broadway shopping area is also of poor quality and the prevailing atmosphere is one of neglect. The proximity of heavy traffic on the A5 and the local road gyratory system greatly contribute to the creation of an unattractive and uncomfortable environment for pedestrians and cyclists. Public access to Hendon Station requires improvement and greater legibility. At West Hendon it is anticipated that a new residential quarter will be created around the Welsh Harp. The 53

35 existing housing will be demolished, and in addition to new and replacement housing, there will be a new local centre and civic area, with new shopping, commercial and community uses. In accordance with PPG3 and the London Plan, the opportunity should be taken to achieve a higher density of development throughout the regeneration scheme, and this will be in a sustainable manner and will incorporate the highest standards of design. The adopted Cricklewood, Brent Cross and West Hendon Regeneration Area Development Framework sets out detailed guidelines for the redevelopment of the West Hendon housing estate and the local town centre, and the enhancement of the waterside environment of the adjoining Welsh Harp SSSI. The Development Framework will inform the preparation and submission of an outline planning application for the regeneration of West Hendon that will cover both the residential estate, the local town centre, the Welsh Harp and access to Hendon (Mainline) Station. It is anticipated that such an application will set out the basis and programme for the comprehensive mixed-use redevelopment and future detailed submissions for individual zones of development and open space within the site. In order to provide new and improved accommodation for the existing residents as soon as possible, proposals for the regeneration of West Hendon can come forward and be considered in advance of those for the rest of the Regeneration Area. In the order of 2200 new homes, including affordable housing, will be developed at West Hendon, in addition to the minimum of 5000 homes provided for in Policy C9 for the rest of the Regeneration Area. Officers consider that the proposals are generally in accordance with Policy C1(A) and will assist in meeting the objectives for the area set out in the above paragraph The Cricklewood, West Hendon and Brent Cross Development Framework (2004) The Development Framework is approved as SPG pursuant to the emerging UDP. The mayor has adopted it as his Opportunity Area planning framework. Significant weight should therefore be give to it. The vision for the whole area covered by the Framework is: To create a new gateway for London and a vibrant urban area for Barnet West Hendon has a key role to play in achieving this objective, with an objective of providing approximately 2200 of the 7500 new homes to be built across the 54

36 Regeneration Area as a whole. As identified by the Regeneration Area of the UDP the Framework expects that the West Hendon component will proceed first, but although this site can be considered as a discrete phase, it should be viewed as the first phase of the implementation of the comprehensive framework. The SPG promotes provision of a range of homes with the guarantee of choice and quality for everyone. This is particularly the case in West Hendon where the existing housing is poor standard and there is a need for higher quality accommodation to create a more balanced and sustainable community. The Welsh Harp is identified as the focus for the creation of a new residential quarter, where the existing estate will be demolished and replaced with a mix of new homes comprising apartments, maisonettes and houses including the replacement of all existing affordable housing. The SPG proposes a development of low medium and high-rise homes of mixed tenure, at a density of units per hectare. Taller buildings are to be located towards the A5 and the centre of the site. The SPG contains criteria to be considered when proposals for taller buildings are submitted. For West Hendon the Framework identifies a number of key features for this area, including a requirement for: Low, medium and high rise buildings; Mixed tenure; Density of units per hectare; Retail, commercial and leisure uses; Healthcare and children s facilities; New and improved public open spaces; Protection of Welsh Harp; New town square; Improvements to the local road network; and New pedestrian bridges at Silk Stream and Cool Oak Lane. Officers consider that the objectives of the SPG are met by the proposals The Council s Corporate Plan 55

37 The Council is committed to delivering the regeneration of West Hendon as a priority as described in Section 2 of this report. The Council s Corporate Plan s set out the aims, objectives and priorities of such regeneration. These include the enhancement of local environments, increasing housing supply and meeting local housing needs. The proposed scheme will secure the meeting of these Council objectives. In particular it will secure provision of the following: 1. Redevelopment of existing residential units which are in a poor condition resulting in increased total provision. 2. Replacement community facilities. 3. New health care facilities. 4. Replacement open space. The proposed development therefore accords with the Council s corporate objectives. It has the potential to deliver substantial regeneration benefits in terms of housing, social, community and environmental improvements Summary The planning application site is an existing developed site in need of regeneration. Its redevelopment for new residential and community uses is acceptable in principle. The provision of new homes on previously developed site is in accord with the general aims and objectives of the adopted and emerging UDP; and the London Plan. The proposed development is supported by policy and text in the UDPRDDM and the adopted Development Framework. This proposal will assist in meeting the aims and objectives of the Council s estate renewal programme and the Corporate Plan. Officers consider these are material considerations in the determination of this application. 8.3 Consideration of Alternatives The 1999 Regulations require that an ES states an outline of the main alternatives studied by the applicants and an indication of the main reasons for their choice, taking into account environmental effects. This requirement is addressed within the ES. 56

38 The applicants state that the scheme is driven by regeneration objectives of the West Hendon area there is not a requirement to consider alternative locations in the wider area. The assessment of alternatives therefore concentrates on the options for regeneration within the application site. Officers accept this approach. Two main principles were considered in terms of options these being the full and partial refurbishment of the Estate. Within these two options the best way of achieving the main elements for regeneration were considered. This is summarised below. Homes refurbishment this was rejected as it would not fulfil the regeneration objectives. Refurbishment would not generate any new homes for private sale, undermining provision of a mixed and balanced community. It would also not enable the requirement for half of the new homes to be built on re-used land or for higher densities to be provided. Shops and Local Businesses the applicants state that significant investment in existing shops and businesses is required to encourage passing trade and create a focal point for the West Hendon community. Sufficient value cannot be secured through refurbishment to enable this. It was also felt that the shops and businesses would benefit from an increased population achievable only through redevelopment. Amenity Space the existing amenity space is under-used and access to these areas is in need of improvement. Upgrading the existing areas will not enhance linkages between the areas. Community Facilities and Buildings the proposals provide for all existing facilities to be re-provided in an improved form. This could not be secured from a refurbishment programme. The options were explored with residents. The conclusion drawn by the applicants was that the sustainable transformation desired for the area can only be achieved through a complete redevelopment. Officers consider that the chosen option maximises the potential regeneration benefits by enabling the comprehensive phased redevelopment of all the existing estate. 57

39 8.4 The Physical Environment Urban Design Key Policy Background PPS1 sets out principles for good design and states that this is both a key element in achieving sustainable development and is indivisible from good planning (Paragraph 33). In planning for the achievement of high quality and inclusive design, planning authorities are encouraged to have regard to good practice set out in By Design Urban design in the planning system: towards better practice (a joint publication from the DETR and CABE (2000)); Safer Places the Planning System and Crime Prevention (published by the ODPM and Home Office (2003)); and Planning and Access for Disabled People: A Good Practice Guide (published by the ODPM (2003)). Policy 4B.1 of the London Plan sets out principles for design of new development including those relating to improving the public realm, providing a mix of uses, creating permeable and accessible environments and respecting local context. The policies in the Cricklewood, West Hendon and Brent Cross Regeneration Area Chapter and the Built Environment Chapter (as amended by the UDPRDDM) encourage high quality design in order to create a safe and attractive environment for people who live and work in and visit the area (Policy C2). Good design should be based on an understanding of local characteristics and emphasise the need to create accessible, legible environments (GBEnv2, Policies D1 and D2). Policies also emphasise the need for development proposals to respect the constraints of the site to accommodate development and to ensure that new development provides adequate daylight and outlook for adjoining occupiers and uses (Policies D3, D4 and D5). It is against this policy background that proposals should be assessed Application Material The application is accompanied by a Masterplan Statement that the applicant s state includes development briefs for the individual sites and phases and gives general design principles and objectives for the regeneration. The implementation of the principles set by the Masterplan would need to be conditioned if Members are minded to grant permission so that detailed designs are brought forward in accordance with defined parameters which form the basis of the assessment undertaken in the ES Assessment The proposals will result in the comprehensive redevelopment of the existing estate and some nearby properties on The Broadway. The built character of the 58

40 estate will therefore be transformed by the scheme. The main urban design principles of the scheme are described below taken from the applicants own assessment. (i) Character The applicants state that the development will give West Hendon its own identity. Through landscaping and the creation of green corridors it will draw upon and reduce its impact on the natural environment at the adjoining Welsh Harp; reinforcing its local distinctiveness. The scale of development will relate to its surroundings yet provide a unique environment through urban design of the highest quality. (ii) Continuity and Enclosure The proposals will create defined public and private spaces, through buildings and landscape. The north eastern boundary adjoins the West Hendon Broadway creating an active edge to the development. In this location the use of residential accommodation at upper floors will provide natural surveillance and reduce the potential for anti-social behaviour. (iii) Public Realm The Masterplan Statement demonstrates the quality of public realm that is envisaged for the scheme; identifying the characteristics and landscape materials for each area. The Masterplan identifies a spatial hierarchy across the site that includes The Square; Communal Gardens within blocks, framed by private gardens and York Park. These will be linked by tree lined boulevards leading to the Welsh Harp and the open land beyond. (iv) Ease of Movement The scheme design enhances east/west connections through the site to increase permeability and connectivity. Pedestrian and cyclist routes will link with the network of green space. 59

41 Primary pedestrian and cycle routes will follow the radial axes of the site with secondary routes following the concentric traffic calmed vehicular routes including streetscape interventions and shared surfaces. Priority will be given to pedestrians and cyclists through traffic calming measures including hard and soft landscape elements. Street furniture and lighting will be used to control vehicle speeds, increase safety and minimise the impact of the car on the development. Enhanced linkages to Hendon Station are to be provided. (v) Legibility The scheme design recognises provides for the creation of new views and vistas of the Welsh Harp with new visual links between waterside and the Broadway. Landmark features at focal points will strengthen focal points and aid navigation through the scheme. (vi) Diversity A mixture of uses will be provided within individual building blocks, along individual streets and more widely across the neighbourhood. The mix of uses within each identifiable area will encourage the creation of a balanced community, supporting a range of services in a sustainable manner. Social inclusion will be promoted by accommodating a mix of tenures where affordable housing is indistinguishable from private. Commercial units are likely to he designed for a range of activities and the community buildings will provide accommodation for many local organisations and activities. (vii) Safety and Security The applicants state that the Masterplan principles have been developed in accordance with best practice. It is, however, important that the detailed siting and design for each phase is prepared in consultation with the Metropolitan Police Crime Prevention Officer as part of reserved matters applications. This will be secured through the imposition of a condition requiring compliance with best practice design standards. This will ensure the requirements of UDP Policy D6 are met. 60

42 (viii) Daylight/Sunlight Whilst siting is not being applied for at this time, the parameters plan identifies the zones within which the building blocks will be erected within which detailed designs will come forward. The applicants identify that the proposed development has the potential to have a significant impact on sunlight and daylight availability on the residential properties on West Hendon Broadway. The daylight and sunlight availability is expected to reduce to these properties due to the proximity of tall buildings within the proposed development. The main impacts are identified by the applicants as being on residential units along West Hendon Broadway particularly due to the tall buildings in this location. Overall there is predicted to be an impact on the residential units numbering 224 to 342. The applicants advise that they are undertaking further work to identify the extent of impacts on these properties in more detail. Members will be updated on this at Committee. (ix) Design and External Appearance The submitted Masterplan provides an indication as to the type of detailed design that is likely to come forward at the reserved matters stage. The Council retain control over this. It would be a condition of any planning permission that prior to commencement of development for each phase a design code is submitted to the Council for approval. It would also be conditioned that each design code should accord with the general principles identified within the masterplan. (x) Access Given the application is in outline for only it is difficult to consider accessibility at this time. The London Mayor seeks a condition requiring detailed access statements to be provided at each phase of development. Offices concur wit this view. If Members are minded to grant planning permission this will need to be secured by condition. 61

43 (xi) Summary Officers concur with the views of Cabe and the London Mayor that the masterplan is underpinned by sound masterplan principles. They consider that suitable parameters have been identified to enable the Council to maintain control over securing appropriate detailed designs (siting, design and external appearance) as proposals for individual phases come forward Visual Impact The visual impact assessment was prepared by the applicants as part of the ES in accordance with good practice guidance taken from the Guidelines for Landscape and Visual Impact Assessment produced jointly by the Landscape Institute and the Institute of Environmental Management and Assessment. The key findings of the ES are summarised below. The applicants have identified the visual receptors for the site which are accepted by officers as being appropriate for the purposes of this assessment. The assessment of impacts is based upon the parameters set within the application documentation. These parameters include the identification of building zones, maximum density of development within each building zone and maximum building heights (AOD). A Zone of Visual Influence is identified by the applicants as being confined to the facades of the buildings that line the development site to the north, east and south and the peripheral houses around the open space to the west. There are some long distance views along West Hendon Broadway and Edgware Road, from the north and south respectively. The applicants define the Zone of Influence as being the area within which views of the scheme are possible. There are some more open views of the site from the open space and sailing areas to the west of the site and from Brent Reservoir and its southern banks. Long distance views are limited to open space on high ground to the north and west and from high rise office and residential developments around the scheme. Most of the views are considered to have either low or moderate sensitivity. The only receptor with high sensitivity is from within the West Hendon Housing Estate Urban Area. Short term negative visual impacts upon the receptors will arise throughout the construction process. These visual impacts will partly mitigated through the use of hoardings and implementation of good practice measures to reduce the 62

44 perception of construction work. Longer distance views will also be impacted on by virtue of the use of cranes, although this would not be significant. In the longer term the main visual impacts will arise primarily due to the height of the proposed buildings. The reduction in buildings within the MOL will give rise to a positive impact. There are predicted negative visual impacts on residential receptors in Cool Oak Lane, Kingsbury, Colindale and Dollis Hill which will be at a maximum around the roads along the edges of these urban areas, nearest the application site. All these sites are considered to have moderate sensitivity in terms of receptors; which is defined by the applicants as constituting viewers with a moderate interest in their environment. In particular views of the upper storeys of the taller tower blocks will be seen against the skyline from these locations. Given the requirement to increase built densities on this site such impacts are inevitable given the consequential increase in building heights. These tall buildings are primarily located along West Hendon Broadway with heights generally reducing towards the Brent Reservoir. Recreational users of land to the west of the Brent Reservoir (considered a moderate receptor) will also have views of the upper storeys of the proposed taller buildings giving rise to moderate (negative) impacts. Moderate (negative) impacts are also predicted from The Hyde and Staples Corner Industrial Areas (considered a low receptor). Views from within the Estate and West Hendon Broadway will have positive impacts arising from the improvements in the streetscape/townscape, which offset any negative impacts arising from increased building heights. Consequently there will be a neutral overall impact. The loss of one building in the MOL will give rise to a positive visual impact in this location. On the basis of the applicants assessment officers agree that there will some negative visual impact arising from the scheme. However, as defined by the applicants these are moderate impacts on receptors that are considered to have moderate sensitivity this is defined in terms of impact magnitude as constituting a moderate number of viewers affected by moderate changes in views. On 63

45 balance this is considered to an acceptable level of impact given the requirements of the Development Framework. Conditions would need to be imposed on building heights to ensure that detailed designs come forward within the parameters upon which this assessment is based Metropolitan Open Land Part of the application site is allocated within Metropolitan Open Land (MOL) on the revised draft UDP proposals map. UDP Policy 02 states that the construction of new buildings within the MOL will be inappropriate unless there are very special circumstances except for certain specified uses. The existing Youth Sailing Base (YSB) is located within the MOL adjacent to the Brent Reservoir on the northern side of the Cool Oak Bridge. The replacement YSB is proposed to be located within the MOL on the southern side of the bridge because of British Waterways plans to extract water from the Welsh Harp and as a result there will be fluctuations of between 3 and 6 inches in the water level. Consequently the existing YSB needs to be relocated to ensure access to the water is retained at all times. The YSB is considered an appropriate form of development in the MOL, by virtue of UDP Policy O2; it being an essential facility for outdoor sport and recreation. Consequently there is no requirement to present a case of very special circumstances to justify the proposal. The new YSB is to be is to be constructed on the car park of the existing Lakeview Centre, which is to be demolished and replaced off site (see below). The new building is to have a total floorspace of 530 square metres. This is some 129sq.m bigger than the existing facility. This is to allow improved facilities including access by disabled users and improved changing facilities. It is also to have separate wet and dry rooms. Officers are satisfied that the floorspace represents that which is considered essential to the operation of the facility, taking into account the differences with the existing facility. The maximum footprint of the new YSB is shown on the parameters plan. The proposed building is single storey height. These parameters will need to be conditioned if Members are minded to approve the application. 64

46 The existing YSB is to be demolished and landscaped. This is a benefit to the MOL as the amount of built form within it will be significantly reduced and its visual amenity enhanced. The London Mayor states that the proposal will not impact on the openness of the MOL. Officers consider that the proposals will actually result in a net improvement to the MOL and benefits will arise from the provision of a new community facility. It is therefore in accordance with UDP and London Plan Policy Open Space Planning Policy Background PPG17 states that open spaces underpin people s quality of life. It identifies that the provision of local networks of high quality and well managed and maintained open spaces help create urban environments that are attractive, clean and safe. Well planned and maintained open spaces and good quality sports and recreational facilities can play a major part in improving people s sense of well being in the place they live. As a focal point for community activities, they can bring together members of deprived communities and provide opportunities for people for social interaction. PPG17 makes clear that development involving the loss of open space should include new provision that is at least equivalent in terms of size, usefulness, attractiveness and quality. Wherever possible, the aim should be to achieve qualitative improvements to open spaces, sports and recreational facilities. PPG17 encourages local planning authorities to use planning obligations or conditions to secure the exchange of land, ensure that any necessary works are undertaken and that new facilities are capable of being maintained adequately through management and maintenance agreements. PPG17 states that where playing fields are to be lost they are replaced by a playing field or fields of equivalent or better quantity and quality in a suitable location. Policy 3D.7 of the London Plan states that the Mayor will protect and promote London s network of open spaces, to realise and protect the value of open space to amongst other things communities, regeneration and recreation. 65

47 UDP Strategic aim GL3 seeks to protect and promote the creation of public open spaces for formal and informal outdoor leisure and recreation in the borough. The development is within an area that is allocated as being deficient in public open space and local parks on the UDP proposals map. UDP Policy H20 seeks to ensure that new housing developments provides for proportionate amounts of public recreational space and facilities or contribute to providing for children s play, sports grounds and general use where a deficiency of open space exists to the National Playing Fields Association Standard of 2.43 hectares per 1000 population. UDP Policy H18 provides the standards for provision of gardens or amenity space in new residential schemes Assessment The proposed scheme will provide 3.1 ha. of amenity space compared to 2.8 ha.. This equates to 0.73 ha. per 1000 population (based on a predicted future population of 4260). The existing residential area currently has open space provision of 1.76 ha. per 1000 population (based upon a current population of 1590). Therefore whilst there is a small increase in open space there is a reduction in open space per person due to the increase in population that is significantly below the Council s standards. Within the site there will be a total of 3.08 ha. of public open space comprising: Civic space 0.14ha MOL 0.64ha York Park 2.17ha Public Gardens 0.13ha The redevelopment proposals offers the potential to provide for a significant improvement in the quality of open space that can be better related to the needs of the local population. The exact location and hierarchy of areas of open space will be determined at the reserved matters stage, although the minimum quantum and specification of provision will be secured by condition as will the provision of open space in accordance with the illustrative details submitted by the applicant. If members are minded to grant planning permission a condition will need to be imposed requiring the applicants to obtain the written approval of the Council of a public open space strategy for the site. The strategy shall include details of the 66

48 quantum and type of open space within each phase of development and maintenance details. The applicants indicate that they will provide some 0.3 ha of play space. This will be provided by way of 14 play areas the location of which will be determined within the public open space strategy. They will comprise a combination of different types of play areas in accordance with the type of provision required to meet the needs arising from each phase of development. The provision of these will be secured by condition. The applicants have indicated that they wish to retain responsibility for the maintenance of public open space. Members should be aware of the need to ensure that public access to the envisaged open space is maintained in accordance with an agreed strategy that will ensure that ongoing provision and maintenance will be to a minimum standard compatible with the Council s own standards. In the event the applicants fail to meet the agreed standards of provision and ongoing maintenance, the S106 Obligation would need to enable the Council to step in and take over responsibility. There would also be an increase in private garden space from 5,475sq.m to 17,002 sq.m. This will provide private amenity space for a significantly greater number of residents which will be a benefit of the proposals. Two new pedestrian bridges are to be built providing better access to the large area of open space to the west of the reservoir. The applicants are also to provide a new footpath link to the west of the reservoir. The land to the west of the reservoir, beyond the application site boundary, not only includes existing informal public open space but also existing sports pitches, ball-parks, tennis courts and a bowling green. The applicants are providing a financial contribution for a new ball-park in this area as mitigation for the loss of the existing ball park on the estate. The improved access and enhanced facilities in this area will be a benefit to local residents. On balance, officers consider that whilst the open space provision within the planning application proposals falls below UDP Standards the amount and type of open space to be provided will meet the needs arising from the development and is acceptable. This takes account of the proposals for new open spaces within the site, the new ball park, improvements to access of existing open space and facilities and the proposals to increase private garden space. 67

49 8.4.5 Trees within the Application Site Planning Policy Background UDP Policy D13 states that when assessing development proposals the Council will seek to ensure that as many trees of value are retained on site as is practical, existing trees are protected during works and that an appropriate level of new tree and shrub planting is provided Assessment There are no Tree Preservation Orders on the site. The applicants have carried out a tree survey in accordance with British Standards. There are 173 existing trees across the site. There is also an area of broad leaved semi-natural woodland to the north west of the site. It is not envisaged that any of this area will be materially impacted on as a result of the development. Elsewhere, in total 51 trees will be retained and 122 will be lost, of which 17 are either dead dying or diseased. Many of the other trees to be lost are recently planted non-native ornamentals. The applicants indicate that there will be significant new landscaping as part of the proposal. The specific detail will need to be brought forward as part of a site wide landscape strategy and the requirement for this can be conditioned if Members are minded to approve the application. In the event planning permission were to be granted, where existing trees are shown to be retained a condition will require that these will be protected by fencing during construction. In addition measures for the protection of trees will be implemented with regards to best practice (British Standard BS 5857: Guide to trees in relation to construction). Officers consider that the impact on trees arising from this proposal is acceptable Ecology and Nature Conservation SSSI and SMI 68

50 The application site abuts the Brent Reservoir Site of Special Scientific Interest (SSSI) and Brent Reservoir and surroundings (Welsh Harp) Site of Metropolitan Interest (SMI) to the west and south west. The SSSI covers approximately 68.6ha of land and includes the reservoir and adjacent open habitats. The SMI covers 100. Ha and incorporates the SSSI within its boundary. In recognition of the ecological importance of this area of land, in liaison with English Nature, British Waterways, RSPB, Welsh Harp Joint Conservation Committee and Council officers a number of ecological measures have been offered by the applicants both on and off site. These are identified below following an assessment on the impacts of the development within those areas of land take. When considering ecological matters it is important to note English Natures view that there are two main issues; these being: 1. matters requiring mitigation and compensation; and 2. matters for enhancement. It is in this context that the ecological impacts arising from the scheme are assessed below in terms of land within and outside the application site Flora and Fauna within the Application Site Planning Policy Background PPG9 provides guidance on nature conservation in the context of the planning process. This guidance states that the presence of protected species and the potential impact on designated nature conservation sites are material considerations. UDP Policy O14 states that development proposals on, near or adjacent to sites of special scientific interest, local nature conservation importance, or as identified by studies and published as non-statutory advice which would be directly or indirectly detrimental to their nature conservation value will not be permitted. UDP Policy O15 promotes the retention, enhancement or creation of nature conservation habitats and facilities, particularly in areas lacking ecological interest. 69

51 UDP Policy O16 states that development will not be permitted which directly or indirectly harms protected species of wildlife or their habitats. London Plan Policy 3D.12 promotes a proactive approach to the protection, promotion and management of biodiversity. New development and regeneration should have regard to nature conservation and opportunities should be taken to achieve positive gains through the form and design of development Summary of Impacts and Mitigation within the Application Site Area The applicants have assessed the ecological impacts of the development within the Environmental Statement. Detailed survey work to determine the presence of flora and fauna has been undertaken. No species of significant nature conservation value were identified by the surveys within the areas to be affected by permanent or temporary land take. It is reported by third parties that an area to the rear of the Sailing Base is reported to support slow worms. Whilst the applicants survey s did not show the existence of slow worms, this area will not be directly affected by the development. In terms of bats the buildings and trees were concluded as having limited suitability. The applicants indicate however that all buildings that might contain bat-roosts will be subject to further precautionary surveys, prior to demolition or other major works. If bat roosts are found appropriate procedures will be followed, in accordance with the requirements of DEFRA. In terms of other potential impacts, prior to construction on any vacant plot, vegetated habitat will be assessed for reptile suitability in the years following the grant of planning permission. If areas are considered to have become suitable the applicants state that the necessary routine procedures will be followed (in consultation with English Nature) to ensure that reptiles are not harmed and moved to a suitable receptor site. Officers and English Nature conclude that there will not be any impacts on fauna within the area that will be affected by land take Summary of Impacts and Mitigation Outside the Application Site Area (i) During the Construction Period There will not be any significant impacts on flora and fauna during the construction period. 70

52 The principal construction impact relates to the disturbance of wintering and breeding birds outside of the application site. Such impacts will arise from lighting, noise and vibration. The ES contains a detailed mitigation strategy and Code of Construction Practice. English Nature and The RSPB have confirmed that adherence to this code will minimise impacts, particularly on nature conservation interests, within the adjacent SSSI. The applicants accept that such mechanisms need to be put in place although state that this is something that needs to be developed further at the detailed stage and different needs arising at its implementation. If planning permission is granted conditions requiring the approval of a detailed programme and methodology for the construction of that phase, in accordance with the detailed mitigation strategy and Code of Construction Practice to be approved by the local planning authority in consultation with English Nature. (ii) Once the Scheme is Complete The ES concludes that it is not anticipated that significant adverse impacts on the SSSI will arise through increased human presence or the new built development (i.e. on bird flight lines or shading). (iii) Enhancement of the SSSI The applicants also propose works to enhance the SSSI. These have been drawn up in liaison with English Nature resulting in an agreed list of enhancement measures that are appropriate in relation to the scale of the development. These can be found in the draft Heads of Terms but include the following: Funding for a Park Ranger Creation of Reed Beds Tree Management Litter Clearance Formation of footpath links from the car park to Site 10 and across the Welsh Harp to the western bank Relocation of jetties and pontoons to the south of the Cool Oak Lane Bridge Provide a viewing platform on the north-western bank of the Welsh Harp, in a location to be agreed with the Council and the Welsh Harp Joint Consultative Committee. 71

53 Officers and English Nature consider that these are benefits arising from the proposal Conclusions The London Mayor notes the views of English Nature that the impact of the development can be reduced in its significance if a number of conditions are imposed on any grant of planning permission. Officers consider that the impacts upon ecology within the application site would thereafter be acceptable. With regards to the SSSI, as confirmed by English Nature, the development will not have a significant impact on the integrity of the SSSI or individual features of the SSSI provided that suitable planning conditions are attached to any permission that is granted. The proposed enhancement to the SSSI will be a material benefit arising from the proposal Air Quality London Plan Policy 4A.6 seeks the reduction in pollutant emissions through the implementation of the Mayor s Air Quality Strategy. UDP Policy Env7 states that development proposals that lead to unacceptable levels of air pollution will not normally be permitted unless the developer can demonstrate that measures can be implemented that will mitigate these effects. The ES confirms that the site lies within an Air Quality Management Area (AQMA). As such Local Planning Authorities are required to implement Air Quality Action Plans to improve air quality within AQMA s in order to meet the objectives of Part IV of the 1995 Environment Act. The impacts upon air quality arising from the scheme are two fold; these being those arising from the construction period and secondly those once the site is operational. Construction impacts arise principally from emissions of dust. The ES concludes that the construction phase of the proposed scheme will have a negligible impact on the local air quality subject to suitable mitigation measures being adopted. These mitigation measures based upon good site practice e.g. damping down surfaces; enclosing containers with tarpaulins. By adhering to such mitigation measures listed below the applicants conclude that the impacts from construction dust should be minor. 72

54 Once the development is complete there is predicted to be a negligible change in air quality arising from CO2 emissions from traffic from the proposed scheme. This is predicted by the applicants to be of minor impact. No mitigation measures are therefore proposed. The Council s EHO officer accepts these conclusions subject to the imposition of appropriate conditions Noise UDP Policy Env12 and 13 seeks to control potentially noisy development. Impacts shall be minimised through design, layout, landscaping and insulation. London Plan Policy 4A.14 seeks the reduction of noise on, from, within or in the vicinity of development proposals. The ES assesses the impacts of the proposal on noise arising from the demolition of existing buildings, the construction process and the operational effects of the development. In terms of demolition and construction the ES identifies the potential for significant impacts to arise. However, through suitable mitigation measures most of these impacts will be of acceptable magnitude. Some impacts are however unavoidable e.g. where demolition and construction will take place in close proximity to existing or newly occupied blocks. These will be short lived, possibly lasting only a few days in terms of impact upon specific receptors. In these locations extra emphasis will be placed on good practice; the requirements for which will be secured by planning conditions. In Herbert Road a noticeable reduction in noise levels is predicted to occur due to changes in traffic flow caused by implementation of one way traffic. Elsewhere increases in traffic flow are concluded in the ES as giving rise to noise levels of less than 3dB which is the smallest change in environmental noise levels that is noticeable to most people. As such no impacts are likely. The design of residential properties will use careful choice of building and insulation materials to meet the minimum noise insulation requirements. The Council s EHO officer accepts these conclusions subject to the imposition of appropriate conditions Archaeology 73

55 UDP Policy HC17 resists development which may affect local areas of archaeological significance. Development proposals should be designed to minimise damage to archaeological remains (UDP Policy HC18). Development proposals should be accompanied by an archaeological site evaluation (UDP Policy HC20). London Plan Policy 4B.14 supports the identification, protection, interpretation and presentation of London s archaeological resources. The ES concludes that no archaeological remains are known to be present on the site, but there remains the potential for such remains to exist. A watching brief will need to be maintained during the groundworks construction phase. This would need to be secured by planning condition in Members are minded to grant planning permission for the scheme. English Heritage note that the site has the potential for archaeological remains, although state this will be restricted by the impact of previous development. In particular, they note the potential for the site to contain remains of the prehistoric and Roman periods is highest, as the site is in a topographic position favourable to early settlement, and is bounded along the eastern side by a major Roman road. No further work is considered necessary prior to determination of the planning application but the archaeological position of the site should be reserved by imposition of a condition to any planning permission granted. The condition should require securing the implementation of a programme of archaeological work in accordance with a written scheme of investigation to be submitted to and approved by the local planning authority. Should significant archaeological remains be encountered, evaluation and mitigation may be required. Officers are satisfied that the imposition of suitable conditions will ensure that no adverse impacts upon archaeology will arise from the proposal in accordance with relevant planning policy Water Resources UDP Policy Env8 resists development that is likely to adversely affect ground or surface water quality or quantity. Development likely to generate significant 74

56 surface water run off will not be permitted unless appropriate prevention measures are taken as part of the development (UDP Policy Env10). London Plan Policy 4A.12 seeks to protect and improve water quality. The Environment Agency raise no objection to the proposals; having been provided with further information on flood risk by the applicants. Suitable conditions are required to ensure that the development does not give to an increase in flooding, to retain access to watercourses and to maintain the character of the watercourse and protect the river environment and wildlife. Officers are satisfied that relevant planning policy can be satisfied Listed Buildings/Structures UDP Policy HC10 states that the Council will refuse permission for development proposals and works which would have a detrimental effect on listed buildings. Proposals that fail to respect the setting of a listed building will be refused (UDP Policy HC12). London Plan Policy 4B.10 seeks to protect and enhance London s historic environment. A new pedestrian footbridge is to be located adjacent to the Grade II listed bridge that carries Cool Oak Lane over the Brent Reservoir. The ES concludes that the new bridge will have a low-medium negative impact on the setting of the bridge, although obscuring views of the existing pipe on its north side will have a positive impact. English Heritage s consultation response noted that they are confident the proposed works adjacent to the Grade II listed Cool Oak Bridge will not damage the bridge although note that the introduction of high rise development nearby is unlikely to improve the setting of the bridge. They request that the metal conduit pipe should certainly be removed from the existing bridge when the detailed proposals come forward. To minimise any impacts there will be a need to secure a sensitive design for the new footbridge within the parameters that will be secured by condition. Officers consider that securing the parameters (by condition) for the detailed design of the bridge to be brought forward will ensure that the scheme will not give rise to unacceptable impacts upon the setting of the listed bridge. 75

57 If Members are minded to grant planning permission for this development a condition which sets the parameters against which the impacts of the development upon the listed bridge will need to be imposed. The detailed design of the bridge will need to accord with these parameters. Officers are satisfied that this will satisfy relevant planning policy Micro-Climate The ES identifies that there are currently existing areas within the estate where wind conditions are unsuitable, in terms of safety for the general public. It is forecast that the proposed development will be expected to create at worst, similar wind conditions to the existing estate. The development of wind mitigation at the detailed design stage allows for the opportunity to improve wind conditions within the site, relative to existing wind conditions. Officers accept the applicants conclusion that there will be such opportunity for mitigation at the detailed design stage such that the overall micro-climatic impact will be no greater than at present. If Members are minded to grant planning permission it will be necessary to impose a condition requiring an assessment of micro-climatic conditions at each detailed phase of the design Contaminated Land UDP Policy Env14 requires site investigation of development sites to establish the level of contamination and development of a strategy for any remediation that may be required. London Plan policy 4A.16 encourages the remediation of contaminated sites and the bringing back of that land into beneficial use. The ES concludes that the historic and current activities on the site give rise to the potential for contamination on the site based upon preliminary investigations. The applicants state that further investigations will be undertaken where it is expected contaminated material may be present. The results of this investigation will be used in the development of a management plan for handling and disposing of contaminated material. These works will be carried out prior to the commencement of any construction works. Ongoing monitoring will also be agreed. 76

58 Officers accept this approach and consider that the imposition of conditions requiring investigation in accordance with British Standards prior to commencement of development and any remediation that may be required will ensure that any identified contamination is appropriately dealt with and relevant planning policies satisfied. 8.5 The Social Environment Housing Planning Policy Overview National policy on housing is contained in PPG3 and Circular 6/98 and the Government s Sustainable Communities Plan. PPG3 encourages more efficient use of land for housing development (between 30 and 50 dwellings per hectare). Greater intensity of development is encouraged at places with good public transport accessibility. The London Plan supports maximising the potential of sites through increasing densities (Policy 4B3). Based upon the sites current PTAL rating Table 4B.1 guides that a density of up to 250 habitable rooms per hectare would be acceptable. The London Plan sets a 50% affordable housing target for Barnet. Policy 3A.8, however, states that boroughs should apply these targets sensitively when negotiating with developers taking into account individual site costs, economic viability, including the availability of public subsidy and other planning objectives. Paragraph 3A.60 states that boroughs should resist the loss of affordable housing without its replacement, unless the regeneration objectives outweigh the strategic need to increase the supply of affordable housing in London. London Plan Policy 3A.4 requires all new housing to be built to Lifetime Homes standards and for 10% to be accessible to wheelchair users and encourage a range of housing choices in terms of housing sizes and types. The London Mayor notes the draft Affordable Housing SPG. UDP Strategic Policy GH2 seeks to ensure that the mix of dwellings in terms of type and size accords with the Borough s population. 77

59 UDP Policy H4 requires that in developments of ten dwellings of more there should be a mix of dwelling type and size in order to meet the range of housing needs required in the borough. UDP Policy H5 of the Revised Deposit Barnet UDP states that when considering proposals for residential development of ten or more units the Council will seek to enter into planning obligations with developers to ensure that a minimum of between 30-50% affordable housing is provided, though paragraph states that in requesting such provision consideration will be given to the viability of the scheme. UDP Policy H21 states that new residential development should not be lower than 150 habitable rooms per hectare and should be significantly higher in accessible town centre sites. UDP Policy H13 requires a minimum of 20% of dwellings to be designed to Lifetime Home standards, whilst the London Plan requires 100% provision. UDP Policy H14 requires that 10% of new housing be designed to wheelchair standards Assessment i) Density of Development The existing density of the estate is approximately 58 units per ha. The proposed scheme proposes a maximum of 170 units per ha. which exceeds PPG3 s minimum requirement and is consistent with PPG3 objectives to maximize the use of previously developed land. This gives rise to an indicative 490 habitable rooms per hectare (HRH), increasing from 182 HRH at present. This is in excess of the London Plan s standards. However, both the London Mayor and officers consider that given the acceptability of the proposed building forma and massing and the sites public transport accessibility such densities are suitable. This density accords with that envisaged for the site in the Development Framework. Officers therefore consider that proposed density of development to be acceptable. ii) Affordable Housing Of the existing dwellings on the application site 530 are affordable with the remaining 154 being privately owned; giving a total of 684 units. 78

60 The proposal is for at least 680 (31%) affordable homes out of the Of the affordable housing units 548 (80%) dwellings are allocated for rent with the remaining 132 being for shared ownership/intermediate. On the basis that there will be a net increase of 132 affordable dwellings officers consider this to be an acceptable level of provision. The applicants have provided an indicative mix of the proposed affordable residential accommodation. This is scheduled in the table below. Officers consider that this mix of provision is appropriate in terms of providing a balanced community which is considered below. Unit Type Existing Proposed Net Change 1 Bed Flat Bed Flat/Maisonette 3 Bed Flat/Maisonette 3 bed house Bed Maisonette Bed House Total iii) Housing Mix The applicants have provided an indicative mix of the existing and proposed residential accommodation. This is scheduled in the table below. Type Existing Proposed Net Change 1 bed flat bed flat/maisonette bed flat/maisonette bed house bed maisonette bed house Total

61 Officers consider that this mix would deliver a balanced and inclusive community consistent with the aims of UDP Policy H4. The London Mayor expects a greater number of 3 and 4 bedroom dwellings. If Members are minded to approve this application, a condition is proposed requiring the submission and approval by the Local Planning Authority of the proposed housing mix based upon the mix proposed above, prior to commencement of development. iv) Lifetime Home and Wheelchair Home Provision Lifetime Homes The applicants propose that 136 (6%) of all housing units will comply with the Lifetime Homes standards. This is below the UDP standards of 20% provision and the London Plan requirements for 100% provision. The applicants note that the figure has been derived on the basis of the needs of existing residents. The London Mayor considers that this level of provision is strategically unacceptable as it does not provide for the needs of the future residents beyond the lifetime of existing residents. Officers, however, note that this provision must be considered against the ability of the scheme to provide a greater number of residential units of a significantly better quality than existing. This provision is also broadly consistent with the levels of provision at other major renewal projects in the Borough. Officers, on balance, therefore accept this level of provision. Wheelchair Homes The applicants state they are to also base the number of wheelchair accessible homes on the needs of existing residents, subject to a minimum of 3% of all homes. This is below the UDP standards requiring 10% provision of all residential units to be wheelchair adaptable. Again the London Mayor considers this level of provision to be strategically unacceptable. This provision must be considered against the ability of the scheme to provide a greater number of residential units of an appropriate mix of residential units and of a significantly better quality than existing. This provision is also broadly consistent with the levels of provision at other major renewal projects in the Borough. Officers, on balance, therefore accept this level of provision. 80

62 8.5.2 Community Facilities Strategic UDP Policy GCS1 seeks to ensure that an adequate supply of land and buildings is available for community religious, educational and health and social care facilities to meet the needs of residents in the borough. UDP Policy CS3 states that the loss of an existing community or religious facility will normally be resisted unless (1) new facilities of at least equivalent quality or quantity are provided on the site or at an accessible location, (2) improvements are made to community facilities at other sites, or (3) there is an excess of community or religious facilities in the area and a particular development will not create a shortage of provision. Existing Facilities The application proposes the loss of existing community and social centres in West Hendon including: The Community Centre; The Marquin Centre; The Youth Sailing Base; The Lakeview Centre The Deerfield and West Hendon Social Club; and The Hindu Temple on The Broadway. Replacement Facilities In considering replacement provision the applicants note that there are no standard floorspace ratios for the provision of such community facilities. They state that the proposals are therefore based on discussions with the local residents, community organisations and service providers. The existing Community Centre and Marquin Centre with a total floorspace of 810sq.m is to be replaced by a new centre of 1000sq.m. This centre will provide for enhanced facilities that will enable not only existing users i.e. the nursery and scout troop and The Hendon Christian Life Fellowship. This centre is to be provided and operational by the end of Phase 3 in The Marquin Centre is to be demolished in Its existing users will require temporary accommodation and the applicants state that they will be able to utilise space capacity in existing local facilities such as the existing Community Centre which is not to be demolished until

63 The replacement Youth Sailing Base has been considered above and is considered acceptable. The Lakeview Centre is now to be re-provided at the new Hyde Primary School Facility, with a financial contribution secured through the S106 Obligation. The Deerfields Social Club is to be demolished and rebuilt on its existing site. This is required to allow highway improvements. The ex-servicemen s club will also be demolished and could be provided in the new facility on The Broadway. The new premises for both clubs will be smaller than the current facilities (a net reduction from 1050sq.m to 490sq.m). In addition to the new Club, residential properties will be constructed above improving the mix of uses on the site the parameters plan show that the replacement building will be a maximum of four storeys in height. It would provide for parking at 1:1. The applicants note that the use of the Building at 201 The Broadway as a Hindu Temple will be relocated to alternative premises and note that they will assist in this process by aiding the search for new premises. The ES concludes that there will be no negative impacts arising from the proposed loss and replacement of community facilities. If Members are minded to grant permission for this development it will be necessary to secure the replacement facilities in terms of quantum of development, cost and timing of provision ensuring temporary facilities are provided where the proposed demolition and replacement provision do not coincide Healthcare The redevelopment includes the provision of premises for a Primary Care Resource Centre to replace the existing GP Practice and clinic. It is anticipated that this facility will accommodate about six GP s, dentist and dental surgery, ophthalmology, physiotherapy, chiropody, the Child and Adolescent mental health Service, family planning, speech and language therapy and a health promotion clinic. This facility is shown to be provided in Block 2, adjacent to the Broadway and the applicants have provided an indicative study. It is indicatively shown to be provided over ground and first floor, with space provided for approximately 2000sq.m, with residential accommodation above. 82

64 The applicants advise that the Primary Care Trust have informed the indicative design. Officers are satisfied that the proposal is of an appropriate scale and type to meet the needs arising from the development. The provision of this facility will be secured through the S106 Obligation. Education and Childcare The Environmental Statement identifies that the development will create additional demand for 73 nursery, 152 primary and 68 secondary school places. This is based upon the indicative housing mix and has regard to a leakage factor of 11% for children going to non-local Education Authority schools and a surplus capacity of 40 spaces at primary level. In order to mitigate the impacts of this need the applicants have agreed to provide a financial contribution towards the cost of new school and nursery places with LB Barnet. This provision will need to be secured through the S106 Obligation Commercial Uses The development proposes a number of commercial uses including retail, food and drink and offices. These uses are consistent with policies within the UDP and London Plan in terms of location. They will deliver a suitable mix of uses to assist in meeting the needs of the existing and proposed West Hendon community and will provide employment opportunities (see below). In terms of retail floorspace there will be no net increase. The provision of a small supermarket facility of up to 1500sq.m is considered suitable in this Local Centre. The amount of non residential floorspace proposed will need to be conditioned should Members be minded to grant planning permission Employment The development will create employment during the construction period as well as more permanent jobs in local shops and services. In terms of construction jobs the applicants assessment states that the development will give rise to 4250 person years of construction work, equivalent 83

65 to 425 full time equivalent jobs at a ratio of ten years labour to one permanent job. This employment will include management and supervision, skilled and semi skilled construction labour, administration and unskilled labour jobs. During the construction period a few additional jobs may also be created locally by the spending of construction workers earnings (induced jobs ) and due to spending by construction companies (indirect jobs). This is a positive impact of the proposal. The applicants have agreed to work with the Council to ensure that the benefits are maximised. Prior to the commencement of development the applicant is to submit to the Council for approval a scheme for the provision of training and employment initiatives up to an agreed value. This will be secured through the S106 Obligation. There will also be a financial obligation within the S106 Obligation in the event the applicants fail to deliver the agreed targets. This money would be spent by the Council to deliver the agreed training and employment initiatives. Once the development is complete there is predicted to be about 250 jobs in shops, services and offices. This amounts to an additional 110 jobs being provided in this area. 8.6 Transport and Movement Highway Network & Traffic Impact The most significant transport element of the proposed scheme is the widening of the A5 (Edgware Road / West Hendon Broadway) by four metres to improve conditions for road-users on this important radial route. West Hendon has, for some time, been subject to an unsatisfactory traffic circulation system that involves a gyratory system and results in substantial volumes of traffic using local residential roads to travel through the area. The overall effect will be to increase the capacity of the road network, allowing a more rational and efficient distribution of vehicular movement through the area as well as improved conditions for buses, pedestrians and cyclists. At present, there are 621 metres of bus lane on this part of the A5 and Station Road. As part of the review of existing conditions and bringing forward the most efficient proposals for the future, there has been a reduction in total bus lane length to 415 metres. The proposed arrangements have been analysed and checked, and will provide a much more effective layout for the movement of buses through the area as well as improved conditions for general traffic. 84

66 The proposed changes to the highway network include: Removal of the Perryfield Way gyratory system that currently carries about 6,000 vehicles per day. Widening of the A5 (West Hendon Broadway) and Station Road to accommodate right-turn lanes, the creation of a dedicated right-turn lane to Cool Oak Lane on the A5 alongside two southbound lanes. Increasing controlled crossing facilities to improve pedestrian safety crossing the A5. A revised highway layout for the Perryfields Estate that will incorporate three points of access to the new development via Cool Oak Lane, West Hendon Broadway (opp. Garrick Road), West Hendon Broadway (to / from the Square). Modifications to the local road network to reverse the Herbert Road one-way operation and prevent through traffic using Garrick Road / Wilberforce Road. Extending the right-turn lane on the A41 southbound at the junction with Station Road / The Burroughs. The implementation and design of the highway layout will be finalised through the S278 Obligation process and subject to safety audit and technical approval. The traffic impact of the development has been the subject of substantial analysis to ensure the needs of all road users can be met on this important strategic route. The results of the appropriate modelling (TRANSYT) indicate that the modified highway network will operate with improved efficiency under future conditions. The proposed Section 106 Obligation includes a future monitoring regime within the form of a Travel Plan. This review of traffic conditions will be undertaken by L.B. Barnet. The proposed changes to the local road network described above should improve the local residential environment for many. In spite of the likely overall increase in traffic levels, there will be significant benefits for a number of roads. Wilberforce Road is likely to see a 90% decrease in current morning peak-hour traffic levels whilst Garrick Road and Herbert Road will see reductions of about 50% and 80% respectively. This traffic will be displaced predominantly onto the A5 West Hendon Broadway and the A504 Station Road. As these roads form part of the borough s main road network and currently carry substantial volumes of traffic the percentage increases in traffic flow will be relatively low. The overall assessment of traffic impact and proposals has been subject to a great deal of analysis of base traffic flows and traffic impact by consultants, TfL 85

67 as well Barnet officers. Whilst any consideration will vary according to the input data, there has been general agreement that the proposed scheme achieves a suitable balance and will allow conditions on the strategically important A5 to be improved to carry substantially more people in the future without creating congested conditions. The scheme requires TfL notification as the A5 forms part of the recently defined strategic road network. The monitoring arrangements to be set out within the Travel Plan should ensure future conditions do not deteriorate, and that borough and TfL ensure their network management responsibilities are met Parking Car Parking for the proposed development will be provided at the ratio of at least one space per residential unit. Although this is substantially higher than either current car ownership levels or the provision of spaces within the existing estate, the transformation of the fabric of the estate together with the changes in tenure and dwelling mix are likely to lead to an increase in car ownership. Having considered access to public transport and all other factors, the proposed 1:1 parking ratio is considered appropriate. As the development is rolled out over forthcoming years the parking demands may necessitate modifications to the Controlled Parking Zone and a contribution has been secured through the Section 106 to allow for this. At the same time there will be a need to ensure that parking provision is provided in sufficient numbers, and in an appropriate form and location to ensure the highway environment is attractive and functions as envisaged. A condition requiring a Parking Management Strategy has been incorporated to ensure this is carefully considered Highway Layout of the Development The proposed design and layout of the estate will be the subject of future planning applications. Submitted drawings indicate that suitable arrangements can be made to provide an attractive and convenient highway and pedestrian environment. Three points of access are to be created as described earlier and the developer has indicated that most of the highway within the proposed development would not be offered for adoption, thereby reducing the council s future maintenance liability Public Transport The rationalisation of the bus lanes and route changes to remove buses from unsuitable residential roads should assist in terms of improvements to journey time and reliability. Consideration of potential future demand and bus capacity 86

68 has resulted in a S106 contribution to support increased frequency on route 83 in the morning peak period. Hendon rail station is conveniently located for the development and funding is being provided to improve pedestrian access to the station. The franchise replacement document indicates that there will be at least 5 trains per peak hour in each direction from December The site currently has a Public Transport Accessibility Rating of 3 and with reasonable access to rail and tube services together with a high level of bus provision (more than 50 buses an hour), residents of the future development would have a choice of means of travel available to them Road Safety, Pedestrians & Cyclists The proposed scheme should provide a significant improvement in the local pedestrian environment with the introduction of pedestrian refuges and crossing facilities across the Broadway (A5) which will create safer and more convenient access to local facilities such as schools, Sainsbury s, the station and bus stops. The substantial severance of the western side of the Broadway will be dramatically reduced as a result of the proposals, creating a more coherent town centre with improved accessibility for local residents. There have been about fifty personal injury accidents during the last three years on the A5, between Garrick Way and Cool Oak Lane. A large proportion of these accidents involved pedestrians, shunting accidents or right turning movements. As a result of the proposed highway improvements there should be an opportunity to significantly improve road safety in this location. 8.7 Sustainability The development meets a number of sustainability objectives in line with the Government s Sustainable Communities Plan, including making efficient use of brownfield land, promoting a mix of local services to reduce the need to travel where possible, improving the local environment and housing stock and promoting a balanced community. The applicants have submitted a Sustainability Manual. This document demonstrates the intentions of the applicants to address sustainable forms of development within this scheme. In respect of the application site it covers the following topics: Energy Reduction Water Resource Management Microclimate and Pollution Waste Management Building Technology and Construction 87

69 Landscape Ecology Transport Accessibility and Security Employment and Training IT and Communications Funding Opportunities It will be necessary at the detailed design stage to ensure that proposals come forward in accordance with the provisions of Manual. This would need to be secured by condition in the event Members are minded to grant planning permission. However, the applicants recognise that a key requirement of the Framework at this time is a commitment to measurable targets for environmental performance, against which the final design can be assessed. In this regard they commit to benchmarking detailed design through the use of the BRE-Eco Homes and BREEAM assessment. The aim of the applicants is to achieve a very good standard. The London Mayor notes the importance of sustainable development and in particular the need to secure appropriate waste management and energy efficient buildings. The mayor supports the requirement for a detailed sustainability strategy to be prepared by the applicants, to be secured by condition. The Mayor notes this strategy should include targets for assessing performance and notes his draft SPG on Sustainable Design and Construction. It is considered that the applicants have positively responded to the need for sustainable forms of development. If Members are minded to approve the application the Sustainability Manual will need to be conditioned to any subsequent approval. This condition shall require that prior to commencement of development of any phase of development a sustainability framework for that phase that satisfactorily applies the principles of sustainable development as identified by the Sustainability Manual shall be submitted to and approved by the Council. Thereafter development shall be carried out in accordance with the approved framework. 9.0 CONCLUSIONS The starting point for determining this application is Section 38(B) of the Planning and Compulsory Purchase Act which requires that, planning applications are 88

70 determined in accordance with the development plan unless material considerations indicate otherwise. This proposal has been assessed against the statutory development plan comprising the Adopted UDP and The London Plan. In addition consideration has also been given to the emerging UDP, the adopted Development Framework and other documents including the LB Barnet s Housing Strategy, Barnet s Community Plan, Barnet s Corporate Plan and the Three Strands. Significant weight is given to the emerging UDP on the basis that it is nearing adoption with proposed modifications having been issued following receipt of the Inspectors Report. Significant weight is also given the Development Framework which has been adopted by the London Mayor as SPG for the Cricklewood/Brent Cross Opportunity Area. In summary, the proposal is not envisaged in the adopted UDP. The site does fall within an Opportunity Area allocated within the London Plan and the proposals meet the strategic objectives for this area. It is also consistent with the general aims and objectives of both Plans in relation to providing new residential development on previously developed land. It also accords with policies in the Unitary Development Plan Revised Deposit Draft Modifications and the adopted Development Framework; both of which identify the redevelopment of West Hendon as the first phase in the regeneration of the wider Cricklewood, Brent Cross and West Hendon development area. Having considered the proposals against the statutory development plan and taking into account other material considerations officers consider that the proposals are acceptable and that planning permission should be granted subject to an appropriate S106 being entered into and suitable planning conditions being imposed. The proposed Heads of Terms and Planning Conditions are set out below. 89

71 10 S106 OBLIGATION HEADS OF TERMS 10.1 Affordable Housing The applicant shall secure the provision of at least 680 affordable housing units comprising the following on a phased basis: units for rent units for low cost home ownership 10.2 Education - Nursery, Primary and Secondary Upon the commencement of development the applicant shall make a contribution of 1,450,000 for the re-provision of the Lakeview Children and Family centre as part of the redevelopment of The Hyde School. The applicant shall make a contribution of 1,000,000 no later than the occupation of 763 residential units (Phase 3) and a contribution of 3,900,000 no later than the occupation of 1491 residential units (Phase 5) in respect of primary and secondary education provision Transportation 10.4 The following contributions need to be secured by the timescales indicated: Enhancement of local bus service ~ 240,000 prior to the occupation of 484 private residential units (Phase 2). Miscellaneous highway improvements in the surrounding area (within two kilometres of the site including pedestrian improvements and on-street parking modifications) ~ 180,000 prior to the occupation of 484 private residential units (Phase 2). Pedestrian Bridge: Cool Oak Lane ~ 420,000 (Phase 1b) Pedestrian Bridge: Silk Stream ~ 548,000 (Phase 5) A programme for the implementation of works shall be agreed with the Local Planning Authority prior to commencement. The developer will be required to enter into a S278 agreement to secure the identified and necessary highway improvements including: 1. The widening of the A5, including reproviding all street furniture 2. Provision of pedestrian crossing facilities 3. Junction treatments 90

72 4. Traffic signal enhancements 5. Provision of a right turning lane at the A41 jct with Station Road. 6. Creation of new pedestrian / cycle facilities 10.4 Community Centre The applicant shall provide ready for occupation a new community centre of at least 1000 sq.m at a cost of no more than 1,210,649 inclusive of fees no later than the occupation of 484 private residential units.(phase 2) Health Centre The applicant shall provide accommodation shell & core only for a new health facility of at least 1740sqm at a cost of no more than 647,381 inclusive of fees no later than the occupation of 484 private residential units.(phase 2) Youth Sailing Base The applicant shall provide ready for use a new youth sailing base at a cost of no more than 834,425 inclusive of fees no later than the occupation of 30 private residential units.(phase 1B) 10.7 Ball Park/Sports Pitch Prior to the occupation of 1491 residential units (Phase 5) the applicant shall make a contribution of 115,500 inclusive of fees for the reprovision of a new ball park/sports pitch facility off-site Employment and Training Prior to the commencement of development the applicant shall submit to the Local Planning Authority a scheme for the provision of training and employment initiatives up to the value of 1,000,000. Failure to deliver the agreed initiatives will require financial contributions to be paid by the applicant. Such monies shall be spent by the Council to secure the delivery of the agreed initiatives Public Open Space and Play Areas The identified areas of open space and play areas shall be maintained by the applicant/landowner/successor in title or nominated management company to a minimum specification to be agreed with the Local Planning Authority. In the 91

73 event this standard is not maintained the Council will be able to adopt after 3 yrs and undertake maintenance of these areas itself. Alternatively, the Council will adopt at the applicant s request. A financial contribution to fund such works will be required and this shall be calculated by way of a formula based upon the unit costs for maintenance of grass, shrubs, trees, play facilities multiplied by the actual units provided. The applicant shall secure the environmental enhancement of Site 10 at a cost of 130,000 inclusive of fees prior to the occupation of 1491 private residential units (Phase 5), subject to the landowners consent. Alternatively, MWH will pay a commuted sum as above Ecological Mitigation Measures The applicant shall secure an eco-buffer zone to be agreed by the Local Planning Authority in consultation with English Nature at a cost to the applicant of no more than 500,000 on a phased basis to be agreed with English Nature and the Local Planning Authority. The applicants shall secure the following improvements to the Welsh Harp to be agreed by the Local Planning Authority and English Nature at a cost of no more than 148,648, subject to the landowners consent:- Park Ranger Creation of Reed Beds Tree Management Litter Clearance Formation of footpath links from the car park to Site 10 and across the Welsh Harp to the western bank Relocation of jetties and pontoons to the south of the Cool Oak Lane Bridge Provide a viewing platform on the north-western bank of the Welsh Harp, in a location to be agreed with the Council and the Welsh Harp Joint Consultative Committee Community Travel Plan The applicants shall enter into a Community Travel Plan agreement that seeks to reduce the reliance on the use of the private car. The Plan shall establish targets and identify how the performance against these will be monitored and where necessary initiatives varied where targets are not being met. The travel plan will monitor traffic conditions and review the highway layout in consultation with Transport for London. 92

74 Upon commencement of development the applicant shall pay the Council 30,000 for the monitoring of the Travel Plan Phasing The applicant shall develop the site only in accordance with the relevant Development Phases pursuant to the approved Phasing Plan unless otherwise agreed in writing by the Local Planning Authority Monitoring Upon the commencement of development the applicant shall pay the Council 25,000 for the monitoring and enforcement of the development and discharge of associated conditions and legal Obligation Legal Professional Costs Recovery Upon completion of the S106 Obligation, the applicant shall pay all the Council s legal, professional and administration costs up to the sum of 30,000 with respect to the preparation and completion of the S106 Obligation and any other enabling agreements Other Items All payments shall be index linked from the date of the resolution to approve planning permission. If a contribution pursuant to a planning obligation has not been fully committed at the end of 10 years and there is a shortfall between and sums payable and the actual costs of satisfying the obligations for which the sums have been paid, the balance of the contribution not fully committed may be used towards meeting that shortfall provided it is used within five years. Thereafter the balance shall be returned to the applicant within 28 days of a written demand. The applicant shall provide quarterly to the Local Planning Authority an update on progress of the development. This shall include the number of units completed and units in occupation. 93

75 11 PLANNING CONDITIONS 1 The development hereby permitted shall not be commenced until a Phasing Plan has been submitted to and approved in writing by the local planning authority. The Phasing Plan shall be substantially in accordance with the approved Strategic Phasing Plan (Ref: WHE_SP_009 Rev:B) and will identify and describe the phases of construction of development, including the following: - The type, quantum, location and timing of provision of community and commercial facilities; - Quantum, location and specification of open space; - Number and type of residential units; - A landscaped buffer zone between the proposed development and the brink of the Welsh Harp and the Silk Stream; - Timing for the provision of the two pedestrian bridges; and - On and off site infrastructure provision including the highways, pedestrian and cycle paths and parking provision. The development shall be carried out in accordance with the provisions of the approved Phasing Plan. Reason: To ensure the orderly and satisfactory development of the site, in the interests of highway safety and to assist in achieving the planning benefits of the scheme. 2 Not more than 50% of the total floorspace within any phase of the development shall be occupied until any of the following identified by the phasing plan as falling within that phase have been fully implemented in accordance with the details to be approved as reserved matters: - Community and commercial facilities; - Open space and the landscaped buffer zone; - Pedestrian bridges; and - On and off site infrastructure provision including the highways, pedestrian and cycle paths and parking provision. Reason: To ensure the orderly and satisfactory development of the site, in the interests of highway safety and to assist in achieving the planning benefits of the scheme. 3 Application for the approval of the reserved matters (landscaping, external appearance, design and siting) for Phase 1 of the approved phasing Plan (see Condition 1) shall be made to the local planning authority before the expiration of three years from the date of this permission. Reason: To comply with Section 92 of the Town and Country Planning Act, Applications for the approval of the reserved matters (landscaping, external appearance, design and siting) for all remaining phases shall be made to the 94

76 local planning authority before the expiration of ten years from the date of this permission. Reason: To ensure that the development does not prejudice the appearance of the locality or the enjoyment by neighbouring occupiers of their properties. 5 The development hereby permitted shall be begun either before the expiration of five years from the date of the grant of outline planning permission before the expiration of 2 years from the date of approval of the last reserved matter, whichever is the later. Reason: To comply with Section 92 of the Town and Country Planning Act, No development hereby permitted within any phase as identified on the approved Phasing Plan (see condition 1) shall take place until all the details of the siting, design, external appearance of the building(s) and landscaping (the reserved matters) within that phase has been submitted to and approved by the local planning authority. The development shall be implemented in accordance with such details as approved. Reason: To ensure a satisfactory appearance to the development. 7 Reserved matters pursuant to this permission shall be made substantially in accordance with the following plans. i) Revised Master Plan Site Layout - Ref: AL0401K ii) Revised Development Parameters Ref: AL0405G iii) Application Site Plan Ref: AL0406B iv) The Wider Context Ref: AL0407B v) Existing Site Layout and Uses Ref: AL0409D vi) Road Layout and Access Proposals Ref: DOMHSEL/PA/11 vii) Road Layout and Access Proposals Ref: DOMHSEL/PA/12 viii) Road Layout and Access Proposals Ref: DOMHSEL/PA/13 ix) Road Layout and Access Proposals Ref: DOMHSEL/PA/14 x) Revised Transport Improvements Ref: DOMHSEL/PA/15J The development shall be implemented in accordance with such details as approved. Reason: In order that the development is implemented in accordance with the information and parameters submitted with the application and on which basis the development proposed was assessed. 8 The gross external floorspace hereby permitted shall not exceed 203,151sq.m in total and the floorspace of the uses hereby permitted shall not exceed the following totals: - Residential (Class C3): 193,151sq.m - Retail (Class A1): 1,500sq.m - Financial and Professional Services (A2): 500sq.m - Restaurants and Cafes; Drinking Establishments and Hot Food Take- Aways (A3, A4 and A5): 1,000sq.m 95

77 - Business (Class B1): 500sq.m - Non-Residential Institutions (Class D1): 3,250sq.m - Assembly and Leisure (Class D2): 3,250sq.m Reason: In order that the development is implemented in accordance with the information and parameters submitted with the application and on which basis the development proposed was assessed. 9 The maximum number of dwellings to be developed on the application site shall not exceed Reason: In order that the development is implemented in accordance with the information and parameters submitted with the application and on which basis the development proposed was assessed. 10 No development shall take place within any phase as shown on the approved Phasing Plan (see Condition 1 above) until details of the car parking provision for that phase have been submitted to and approved in writing by the local planning authority. The development shall thereafter be implemented in accordance with such details as approved. Car parking for the development hereby approved shall only be provided in accordance with the Councils adopted standards unless otherwise agreed in writing by the local planning authority. The parking provision for residential units shall be at least 1:1 parking. Reason: To ensure that parking is provided in accordance with the Local Planning Authority standards in the interests of pedestrian and highway safety, the free flow of traffic and in order to protect the amenities of the area. 11 The total number of car parking spaces within the application site shall not exceed 2171 spaces. Reason: To ensure that parking is provided in accordance with the Local Planning Authority s standards in the interests of pedestrian and highway safety, the free flow of traffic and in order to protect the amenities of the area. 12 Prior to commencement of development hereby permitted a construction method statement shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the approved details. This statement shall include: i) Sequence of construction activity throughout each phase as identified on the approved Phasing Plan (see condition 1); ii) Location and specification of acoustic barriers; iii) Type of machinery to be used, and in which locations; iv) Timing of all activities to minimize impact on nature conservation interests; v) details showing how all vehicles associated with the construction works are properly washed and cleaned to prevent the passage to mud and dirt onto the adjoining highway; 96

78 vi) details of the routing of construction vehicles to the site and access and egress arrangements; vii) details of construction lighting and parking; viii) the methods to be used and the measures to be undertaken to control the emission of dust, noise and vibration arising from construction works; ix) a suitable and efficient means of suppressing dust, including the adequate containment of stored or accumulated material so as to prevent it becoming airbourne at any time and giving rise to nuisance; x) measures to recycle materials on the site; xi) a strategy for the timing and operation of construction works to minimise disturbance to adjoining neighbours; xii) details of boundary hoardings and measures to ensure they are maintained in a secure and tidy condition; xiii) agreement on and continuous assessment of permitted noise levels emanating from the boundary of that phase of development; and xiv) noise mitigation measures for all plant and processors. Following the written approval by the Local Planning Authority on the above, construction works will be monitored and subject to a six monthly review between the contractors, the Local Planning Authority and English Nature to ensure that the previously agreed construction methodology and mitigation measures are operating in a satisfactory manner. If these can be improved, further measures will be considered and implemented following agreement between the three parties referred to above. Reason: To ensure that the development does not give rise to unacceptable impacts upon amenity and does not have an adverse impact upon Amenity or the ecological of the site and SSSI. 13 No works required to implement the development hereby approved shall be carried out except between the hours of to on Mondays to Fridays and and on Saturdays, and not at all on Sundays, Bank or Public Holidays. Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of adjoining residential properties. 14 No development hereby permitted within the phase in which each pedestrian bridge is located (see condition 1) shall commence until details of that bridge have been submitted to and approved in writing by the Local Planning Authority. The bridges shall be thereafter be completed in accordance with the approved details and made ready for use prior to occupation/use of any of the buildings in that phase. Reason: To ensure provision of the bridges in the interests of public access. 15 No development hereby permitted within each phase (see condition 1) shall be commenced until details of the existing and proposed finished floor levels for that phase have been submitted to and approved by the Local Planning Authority. The scheme shall be completed in accordance with the approved plans prior to occupation of any building/units in that phase. 97

79 Reason: To ensure that the development is subject to minimum risk of flooding. 16 No development hereby approved shall commence until details of surface water drainage works and source control measures have been submitted to and approved in writing by the Local Planning Authority for that phase. The approved scheme shall be completed in accordance with the approved plans prior to occupation of any building/units in that phase. Reason: To prevent the increased risk of flooding. 17 Prior to the commencement of development hereby permitted within the phase it is to be provided details of the landscaped buffer strip to be identified on the Phasing Plan (condition 1) shall be submitted to and approved in writing by the Local Planning Authority. The buffer strip shall be at least 8 metres in width and shall include at least a 3 metre tree belt. This buffer strip shall be measured from the top of the bank and shall be left free from any permanent development, including fences, hard standing and other obstructions. The buffer zone shall be vegetated by plant species that are locally native and appropriate to the location and which are, as far as possible, of UK genetic stock. No construction activity or storage of materials shall take place within 20 metres of the tree belt. Reason: To retain access to the watercourse to enable the Environment Agency to carry out their functions to maintain the character of the watercourse, to protect the river environment and its associated corridor and to provide a corridor for the passage of wildlife. 18 No development hereby permitted shall take place until details of a fence along the entire length of the development between the SSSI boundary and the buffer zone (see condition 17) has been submitted to and approved in writing by the Local Planning Authority and fully implemented in accordance with the approved details. The fence shall remain in place until the development has been completed. Reason: To prevent dumping in and access to the SSSI during the operational phase of the development. 19 The proposed pedestrian bridge at the northern end of the reservoir shall not be lit by any artificial illumination. Reason: To minimise disturbance to birds using the reservoir. 20 No development hereby permitted shall take place until details of nets to be provided adjacent to and below the pedestrian bridge at the northern end of the reservoir shall be submitted to and approved by the Local Planning Authority. The approved details shall thereafter be fully implemented prior to use of the bridge. Reason: In the interests of protecting the SSSI, 98

80 21 No development hereby permitted shall commence until a Demolition Method Statement has been submitted to and approved by the Local Planning Authority. The Statement shall include methodology for demolition, mitigation for impacts arising from demolition (including dust and noise) and the named contractor(s). Thereafter, all demolition shall be undertaken in accordance with the approved Statement unless otherwise agreed with the Local Planning Authority. Reason: In the interests of the protection of wildlife. 22 No development hereby permitted shall commence until a Landscape and Public Open Space Strategy for the application site has been submitted to and approved in writing by the local planning authority. The development shall thereafter be implemented in accordance with the approved details. This plan shall include the following: i) the quantum and type of open space to be provided within each phase of the development including toddler and children play space (formal and informal); ii) the landscape strategy and design objectives for the site as a whole; iii) iv) the maintenance strategy; and the palette of landscaping (hard and soft) materials and planting that will inform reserved matters within each phase. The Landscape and Public Open Space Strategy shall be substantially in accordance with the Masterplan Statement approved by this application. Reason: To ensure a satisfactory appearance and setting for the proposed development, to ensure that it enhances the visual amenity of the area and in order to ensure the appropriate provision of play facilities. 23 No development in any phase (to be shown on the approved phasing plan see condition 1) shall commence until a scheme for hard and soft landscaping detailing for that phase shall be submitted to and agreed in writing by the local planning authority. The landscaping scheme shall be in accordance with the Landscape and Public Open Space Strategy required pursuant to Condition 22 and shall include the following: i) the position and spread of all existing trees, shrubs and hedges to be retained; ii) iii) iv) details of any proposed topping or lopping of any retained tree; a plan showing the location of, and allocating a reference number to, each existing tree which has a stem with a diameter, measured over the bark at a point 1.5 metres above ground level, exceeding 75mm, showing which trees are to be retained and the crown spread of each retained tree; details of the species, diameter (measured in accordance with paragraph (iii) above, and the approximate height, and an assessment of the general state of health and stability, of each retained tree; 99

81 v) new tree and shrub planting including species, plant sizes and planting densities; vi) vii) viii) ix) means of planting, staking and tying of trees, including tree guards; existing contours and any proposed alterations such as earth mounding; areas of hard landscape works including paving and details, including samples, of proposed materials; trees to be removed; x) details of how the proposed landscaping scheme will contribute to wildlife habitat (ranging from ground cover to mature tree canopy), to the satisfaction of the Local Planning Authority. xi) Timing of planting within each phase. Reason: to safeguard the health of existing trees which represent an important amenity feature. 24 Prior to commencement of development in any phase the erection of fencing for the protection of trees shall be undertaken in accordance with BS 5837: Trees in Relation to Construction for that phase. This fencing shall remain in position until after the development works has been completed in that phase and no material or soil shall be stored within these fenced areas. Reason: To ensure that the existing trees are not damaged during the period of construction. 25 If within a period of five years from the date of planting of any tree, that tree or any tree planted in replacement for it, is removed uprooted or destroyed or dies another tree of the same species and size as that originally planted shall be planted at the same place in the next available planting season, unless the otherwise agreed in writing with the local planning authority. Reason: To maintain the visual amenities of the area. 26 No development hereby permitted shall take place until details of a programme of remediation works have been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be implemented in accordance with the approved details. The programme shall include: i) A desktop study including the identification of previous uses, potential contaminants that might be expected, given those uses, and other relevant information. Using this information, a diagrammatical representation (Conceptual Model) for the site of all potential contaminant sources, pathways and receptors shall be produced. ii) Site investigation details. The investigation must be comprehensive enough to enable:- 100

82 a risk assessment to be undertaken, refinement of the Conceptual Model, and the development of a Method Statement detailing the remediation requirements. iii) A Method Statement detailing the remediation requirements, using the information obtained from the site investigation, and also detailing any post remedial monitoring. Reason: To ensure a satisfactory treatment of the site and to protect the amenities of the area. 27 No building in any phase shall be occupied until completion of the remediation required for that phase as detailed in the method statement (condition 26) and a report that provides verification that the required works have been carried out, has been submitted to, and approved in writing by the Local Planning Authority. Reason: To ensure a satisfactory treatment of the site and to protect the amenities of the area. 28 No development hereby permitted shall be commenced until an Affordable Housing Scheme has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with this scheme. This Scheme shall include: (i) (ii) (iii) a schedule of individual unit sizes of the affordable housing units that is substantially in accordance with the mix shown on Table 5.7 of the Environmental Statement dated December 2004; details of the proposed mix of non-affordable residential units, including size, type and phasing of provision; identification of a minimum of 684 affordable housing units. The affordable housing shall thereafter be provided in accordance with the approved Scheme. Reason: To comply with statutory development plan policies. 29 No development hereby permitted shall commence until a plan identifying the provision of the following has been submitted to and approved in writing by the Local Planning Authority: i) 6% of the total permitted housing stock (or a minimum of 136 units) to be designed and built to lifetime homes standards; and ii) a minimum of 3% of the total units to be designed and built to wheelchair housing standards. Reason: To ensure adequate access levels within the development. 30 No development hereby permitted shall commence until a noise assessment report (carried out by a competent acoustic consultant) including assessment any plant/machinery/equipment, rail and road noise has been submitted to and approved in writing by the Local Planning Authority. The assessment shall 101

83 include all measurements and calculations and be set out so that the Local Planning Authority can fully audit the report and critically analyse the contents and recommendations. The report shall also clearly outline mitigation measures to reduce these noise impacts to comply with the noise from site plant condition set out in this approval. Any mitigation required for plant/machinery/equipment must be implemented prior to commencement of use of that plant/machinery/ equipment; or for a particular building before that building is occupied. Reason: To ensure that the amenities of neighbouring premises are protected from noise from plant/machinery/equipment installed at / for individual units. 31 Prior to the occupation of any building hereby permitted, details of all extraction and ventilation equipment within that building shall be submitted to and approved in writing by the Local Planning Authority and implemented in accordance with agreed details before any use within that building is commenced. Reason: To ensure that the proposed development does not prejudice the enjoyment or amenities of occupiers of adjoining residential properties. 32 Prior to the occupation of any building/unit hereby permitted details of the proposed sound insulation for that building/unit shall be submitted to and approved in writing by the Local Planning Authority and implemented in full accordance with the approved details. Reason: To ensure that the proposed development does not prejudice the enjoyment of the occupiers of their home. 33 Prior to the commencement of development hereby approved an air quality assessment report for the existing site and proposed development shall be submitted to and approved in writing by the Local Planning Authority. This report shall identify any necessary mitigation measures which shall be implemented prior to the occupation of the building to which they relate. Reason: To ensure that the amenities of occupiers are protected from levels of poor air quality in the vicinity. 34 No development hereby approved within any phase as shown on the approved Phasing Plan (see condition 1) shall be commenced until a sustainability framework for that phase that satisfactorily apply the principles of the approved Sustainability Manual, has been submitted to and approved in writing by the Local Planning Authority. Development shall thereafter be carried out in accordance with the approved framework prior to occupation of the building to which it relates. This Manual shall demonstrate how new housing and non residential buildings will meet the very good standard in the BRE Eco Homes and BREEAM ratings and demonstrate opportunities for implementing combined heat and power systems. Reason: To ensure that the sustainability proposals set out in the Sustainability Manual submitted with the application are achieved. 102

84 35 No development hereby permitted shall take place in any phase until the applicant has fully implemented a programme of archaeological work, in accordance with a written scheme of investigation which has been submitted to and approved by the Local Planning Authority. The archaeological works shall only be carried out by a suitably qualified investigating body acceptable to the Local Planning Authority. Reason: In order to protect the archaeological interest of the site. 36 No development hereby approved shall commence within any phase until a plan showing turning space and parking spaces within that phase has been submitted to and approved in writing by the Local Planning Authority. No development within any phase shall be occupied until the parking and turning areas within that phase have been provided in accordance with the approved details for that phase. Reason: To ensure that parking is provide in accordance with the Council s standards. 37 No development hereby approved shall commence within any phase until details of cycle parking facilities to be provided within that phase have been submitted to and approved in writing to the Local Planning Authority. No buildings shall be occupied in any phase until the approved details have been implemented for that phase. The cycle parking provided shall thereafter be kept free of obstruction and available for the parking of cycles only. Reason: To comply with statutory development plan policy. 38 No building shall be occupied until a strategy for the provision of space and facilities for the separate storage and collection of waste for re-use and recycling within each building have been submitted to and approved in writing by the Local Planning Authority and thereafter implemented. The strategy shall include the provision of a waste audit covering the removal and disposal of all waste arising from the construction and operation of the development. Such an audit shall be maintained for regular inspection by the Council. The works undertaken in accordance with this strategy shall thereafter be retained and kept free of obstruction and available for those purposes within each building. Reason: To ensure a satisfactory appearance for the development and satisfactory accessibility; and to protect the amenities of the area. 39 No building shall be occupied until details for the provision of refuse storage have been submitted to and approved in writing by the local planning authority for that building and thereafter implemented in accordance with the approved details. The approved details shall thereafter be retained and kept free of obstruction and available for refuse storage within each building. Reason: To ensure a satisfactory appearance for the development and satisfactory accessibility; and to protect the amenities of the area. 103

85 40 No development hereby approved shall commence until details and phasing of traffic calming measures for managing the road network in the interests of efficiency, safety and the environment have been submitted to and approved in writing by the local planning authority. No building shall be occupied in any phase of the development shall be occupied with all the approved traffic calming measures for that phase of the development have been fully implemented Reason: To safeguard public safety. 41 Prior to the commencement of the development hereby permitted, a Design Framework for the entire scheme shall be submitted to and agreed in writing by the Council. The Framework shall be substantially in accordance with the Masterplan Statement approved by this permission. Reason: To ensure a satisfactory design for the development in accordance with the principles and parameters established at the outline stage. 42 Prior to the submission of reserved matters for each phase identified on the approved Phasing Plan (see Condition 1) design codes shall be submitted to and approved in writing by the local planning authority. Each design code should respond to the Design Framework for the entire site to be approved pursuant to Condition 41 and will include: i) A three dimensional masterplan of that phase and its adjoining phases that shows clearly the intended arrangement of spaces and buildings, including massing, orientation, distribution of uses, densities, building lines and spaces. ii) The design principles for that phase including information on dwelling types, palette of materials, parking, safety and security and information on the protection of residential amenity including privacy and overlooking. iii) An assessment showing that each phase has had regard to the BRE Site Layout Planning for Sunlight and Daylight: A Guide to Good Practice. iv) An assessment against the criteria established by Secure by Design and the Council s SPG Designing to Reduce Crime. Reason: In order that the Local Planning Authority is satisfied with the details of the proposed development. 43 Prior to commencement of development hereby approved within any phase identified on the approved Phasing Plan (see condition 1) samples of the external materials to be used for buildings and hard surfaced landscaped areas in that phase shall be submitted to and approved in writing by the local planning authority. The development shall thereafter be implemented in accordance with the approved details. Reason: In order that the Local Planning Authority is satisfied with the details of the proposed development. 104

86 44 Prior to commencement of development an Access and Management Plan for the permanent replacement Community Centre shall be submitted to and approved in writing by the Local Planning Authority and thereafter implemented in accordance with the approved Plan. This plan shall include details of the following: Hours of opening; Uses; Booking Arrangements; Pricing Structure; Management Arrangements; and Monitoring arrangements for the Plan. Reason: In order to ensure the appropriate provision of local community facilities. 45 Prior to demolition of the existing Youth Sailing Base a new single storey Youth Sailing Base of between 530sq.m and 550sq.m shall be constructed and completed and available for use in a location to be submitted to and approved by the Local Planning Authority. Reason: In order to ensure the appropriate provision of local community facilities. 46 No development hereby permitted shall commence under any phase of the development until all land required to complete the relevant phase are within one ownership (other than the Council s ownership) unless alternative arrangements have been put in place to the reasonable satisfaction of the Local Planning Authority. Reason: In order for the Local Planning Authority to retain control over the development. 47 No development hereby permitted shall commence until a detailed design and method statement to mitigate harm to bats has been submitted to and approved in writing with the Local Planning Authority and thereafter carried out in accordance with the approved statement. This statement shall include details of the bat boxes that are to be installed on site and other forms of mitigation identified by the Environmental Statement. Reason: To protect and preserve the existing bat population within the area. 48 No development hereby permitted shall commence until a detailed design and method statement to mitigate harm to reptiles has been submitted to and approved in writing with the Local Planning Authority and thereafter carried out in accordance with the approved statement. Reason: To protect and preserve the existing reptile population within the area. 49 Prior to the commencement of development of each building or building area, an accessibility statement addressing mobility, access and use issues for disabled people using or visiting the building or building area shall be submitted to an 105

87 approved in writing by the Local Planning Authority. The detailed design and construction of the building and associated infrastructure (including access and egress, external pavement treatments, lighting, bollards, seating, street furniture design and parking) shall thereafter be implemented in accordance with the approved accessibility statement. Reason: To ensure the development hereby permitted creates a fully accessible environment. INFORMATIVES 1. Under the terms of the Water Resources Act 1991, the prior written consent of the Environment Agency is required for any discharge of sewage or trade effluent into controlled waters (e.g. watercourses and underground waters), and may be required for any discharge of surface water to such controlled waters or for any discharge of sewage or trade effluent from buildings or fixed plant into or onto ground or into waters which are not controlled waters. Such consent may be withheld. Contact Consents Department on for further details. 2. Under the terms of the Water Resources Act 1991, the prior written consent of the Environment Agency is required for dewatering from any excavation or development to a surface watercourse. Contact Consents Department of for further details. 3. The development of this site is likely to damage archaeological remains. The application should therefore submit detailed proposals in the form of an archaeological project design. This design should be in accordance with the appropriate English Heritage guidelines. 4. With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or surface water sewer. It must not be allowed to drain to the foul sewer, this is the major contributor to sewer flooding. Thames Water recognises the environmental and economic benefits of surface water source control, and encourages its appropriate application, where it is to the overall benefit of our customers. Hence, in the disposal of surface water, Thames Water will recommend that the applicant: a) looks to ensure that new connections to the public sewerage system do not pose an unacceptable threat of surcharge, flooding or pollution. b) Check the proposals are in line with advice from the DEFRA, which encourages, wherever practicable, disposal on site without recourse to the public sewerage system; for example in the form of soakaways or infiltration areas on free draining soils. c) Looks to ensure the separation of foul and surface water sewerage on all new development. 5. The details of acoustic consultants can be obtained from the following contacts: Institute of Acoustics: telephone number Association of Noise Consultants: telephone number The assessment and report on the noise impacts of a development should use methods of measurement, calculation, prediction and assessment of noise levels and impacts that comply with the following standards, where appropriate: 106

88 Dept of Environment: PPG 24 (1994) Planning Policy Guidance - Planning & Noise. World Health Organisation (WHO) Guidelines BS 7445 (1991) Pts 1, 2 & 3 (ISO 1996 pts 1-3) Description & measurement of environmental noise. BS 4142:1997 Method of rating industrial noise affecting mixed residential and industrial areas. BS 8223 :1999 Sound insulation and noise reduction for buildings: code of practice. Dept of Transport: Calculation of Road Traffic Noise (1988). Dept of Transport: Calculation of Railway Noise (1995). Dept of Transport: Railway Noise & Insulation of Dwellings. No plant/machinery/equipment to be used on the site shall have noise emissions greater than 5dB(A) below the background level, as measured from any point 1 metre outside the window of any room at the nearest existing/ new neighbouring property. If the noise emitted has a distinguishable, discrete continuous note (whine, hiss, screech, hum) and/or distinct impulses (bangs, clicks, clatters, thumps), then it shall be at least 10dB(A) below the background level, as measured from any point 1 metre outside the window of any room of at the nearest existing/ new neighbouring property. 6. Ventilation and Extraction Informative Ventilation / extraction systems serving hot food, take-aways and restaurants can create noise and odour disturbance to nearby residents. Noise from these systems will comprise of three basic components: 1. Noise from the fan itself. 2. Noise from the air movement along the ducting. 3. Noise from the air leaving the top of the duct. Odour from these systems can emanate from: 1. Odour migration from the flue. 2. Odour from inappropriate, insufficient or poorly maintained filters. 3. Odour from the discharge. To ensure that cooking odours and noise from the premises are minimised to protect the amenity of occupiers of nearby properties, the following information must be submitted by applicants for approval by the Local Authority before trading commences. 7. Air Quality 107

89 The air quality stage 4 review and assessment for the London Borough of Barnet has highlighted that this area currently experiences exceedances of Government set healthbased air quality standards. The new development may have impacts on traffic flows to the surrounding roads and may increase local air pollution levels. As stated in the AQ condition, recent guidance that the developer should have particular regard to when designing and carrying out the AQ assessment should include: The NSCA Guidance, Development Control: Planning for Air Quality and the Planning Policy Statement 23: Planning and Pollution Control, Annex 1: Pollution Control, Air and Water Quality. The content of the assessment should be discussed and agreed with the Council at the time when the report is being commissioned. 108

90 APPENDIX 1 UDP POLICIES 109

91 APPENDIX 1 Key Relevant adopted and emerging UDP Policies ADOPTED UDP (1991) REVISED DEPOSIT UDP (2001) Policy No. Policy Title Policy No. Policy Title STRATEGIC POLICIES G1 Character/Environment GSD Sustainable Development G2 Environmental Impact GMIxed Use Mixed Use G5 Metropolitan Open Land GEA Environmental Impact G8 Hierarchy of Publicly Accessible Genergy Energy Efficiency Open Sspaces G9 Open Space Preservation Gland Reuse of Brownfield Land G10 Open Air Leisure GBEnv1 Character G11 Tourist Facilities GBEnv2 Design G12 Community Service Facilities GBEnv3 Safe Environments G13 Town Centres GBEnv4 Special Area G14 Maintenance of Existing Town GBEnv5 Accessible Environment Centres G15 Loss of Employment Land GMOL Metropolitan Open Land G16 Employment Generating Uses GL1 Sport and Recreation GL2 Dwelling Mix G17 Housing Strategic Requirement GL3 Outdoor recreation G18 Residential Character Gloc Reduce Need to Travel G19 Strategic Road Network Groad Net Road Network G20 Road Network Improvement GParking Parking G21 Parking GNon Car Sustainable Transport G22 Public Transport GH1 New Households G23 Cyclists and Pedestrians GH2 Dwelling Mix G24 Monitoring and Review GH3 Affordable Housing GEMP1 Employment Uses GEMP2 Employment Sites GEMP3 Creation of Maximum Number and Quality of Jobs GEMP4 Retention of Employment Land GTCR1 New Retail Development GTCR2 Access to Goods, Services and Facilities in Town Centres GTCR3 Environment of Town Centres GCrick Cricklewood and West Hendon Regeneration Area GCS1 Community Facilities GMon Monitoring Plan ENVIRONMENTAL RESOURCES Env2 Energy Efficient Design Env4 Recycling Facilities Env8 Water Quality Env10 Increased Flood Risk Env11 Drainage Infrastructure BUILT ENVIRONMENT G18 Residential Character D1 High Quality Design T1.1 Character/Design Issues D2 Character T1.2 Hard/Soft Landscaping D3 Spaces T1.3 Disabled Access D4 Over development T2.1 Areas of Special Character D5 Outlook T3.1 Conservation Areas D6 Street Interest 110

92 Preservation/Enhancement T6.2 Inappropriate Views D8 Disabled Access T6.3 Adjoining Inappropriate Areas D9 Designing out crime D11 Landscaping D12 Tree Preservation Orders D13 Tree Protection and Enhancement D15 Other hedgerows D17 High Buildings Acceptable Locations D18 High Buildings Where not acceptable HC5 Areas of Special Character OPEN ENVIRONMENT G1 Character/Environment O1 Green Belt/MOL G2 Environmental Impact O2 New Buildings and Changes of Uses on Green Belt/MOL G3 Preservation/Enhancement O3 Extensions of Buildings within the Green Belt /MOL G5 Metropolitan Open Space O5 Replacement of Buildings within the Green Belt /MOL G6 Open Space Provision O6 Re-use of Buildings within the Green Belt /MOL G7 Green Chains O7 Land adjoining Green Belt/MOL G8 Open Space Creation O10 Heritage Land G9 Sports/Arts facilities O12 Green Chains G10 Open Air Leisure O14 Sites of Special Scientific Interest G11 Tourist Facilities O15 Nature Conservation G12 Community Service Facilities O16 Protected Species 04.1 Other Open Land Development O17 Ecological Impact Statement of existing 04.2 Creation 04.3 Local Requirements 05.3 Nature Conservation Creation of Habitats 06.1 Management Plans E1.1 Suburban landscape Quality E2.1 Tress E3.1 Archaeology Ancient Monuments E3.2 Initial Site Evaluation E3.3 Rescue Investigation E5.1 Pollution Control E6.1 Noise Pollution Unacceptable levels LEISURE AND TOURISM L1.1 Loss of Outdoor facilities L11 Open Space L1.2 Disused Playing Fields L12 Open Space Deficiency L2.1 Indoor Sports Promotion L13 New Public Routes L2.2 Facilities Identification and L14 Improvements to Open Space Safeguarding L3.2 Areas of Deficiency L17 Sports Grounds and Playing Fields L4.1 Informal Outdoor Recreation L18 Loss of Sports Grounds and Playing Fields L5.1 Entertainments and The Arts Change of Use L19 New Sports Grounds and Playing Fields L23 Loss of Indoor Sports and Recreation Facilities L24 New Indoor Sports and Recreation Facilities 111

93 L25 Preferred Location for Indoor Sports and Recreation Facilities L26 Planning Obligations and Indoor Sports and Recreation Facilities L27 Shared Use Sports and Recreational Facilities MOVEMENT G19 Strategic Road Networks M1 Transport Accessibility G20 Road Network Improvements M2 Transport Impact Assessments G21 Parking M4 Widening Opportunities for Pedestrians and Cyclists G22 Public Transport M5 Facilities for Pedestrians and Cyclists G23 Cyclists and Pedestrians M6 Use of Public Transport M1.4 Infrastructure to Service New M7 Improvements to Public Transport Developments M2.1 Off street Parking M8 Impact on Roads M5.2 Cycle Facilities M10 Reducing Effects of Traffic M6.1 Road Safety M11 Safety of Road Users M6.2 Pedestrian Environment M12 Safety of Road Network M13 Planning Obligations and Improvements to Roads M14 Parking Standards HOUSING G9 Sports/Arts Facilities H0 New affordable housing G17 Housing Strategic Requirement H2 Other Housing Sites G18 Residential Character H3 Changes of Use from Housing and Other Uses H1.1 Location of Development H4 Dwelling Mix H1.2 Residential Character H5 Affordable Housing H2.1 Location of Development H7 Affordable Housing and Planning Briefs H2.2 Sheltered Housing H8 Commuted Payments and Affordable Housing H3.1 Residential Estates H13 Disabled Access in New Homes H3.2 Amenity Space H14 Wheelchair Accessibility H3.3 Private Garden Depth H16 Character of Residential Developments H3.4 Privacy H17 Privacy Standards H3.5 Public Open Space Provision H18 Amenity Space Areas H4.1 Family Accommodation H20 Provision of Public Space and Play Areas H4.2 Non-family Accommodation H21 Density of Residential Developments H4.3 Higher Densities H24 Conversions from Non-residential uses to Residential Uses COMMUNITY SERVICES EDN1.1 Coordination with Housing CS1 Community and Religious Facilities EDN1.2 Development of Existing Sites CS2 Planning Obligations and New Developments EDN1.3 Development of New Schools CS3 Loss of Community and Religious Facilities EDN2.1 Promoting Expansion CS4 Educational Facilities EDN2.2 Relocation CS5 Shared Use of Educational Facilities EDN3.1 Community Facilities CS6 New School Sites ERG1.1 Meeting Places CS8 Educational Needs Generated by New Housing Developments ERG1.2 Consultation re: Facilities CS9 Enlargement of School Facilities ERG1.3 Site Identification CS10 Primary Health and Social Facilities CS13 Need for new healthcare facilities EMPLOYMENT (BUSINESS AND INDUSTRY) 112

94 EMP1.1 Maintaining Employment EMP2 Retention of Employment Uses Generating Activities EMP1.2 Employment Generating Uses EMP3 Consolidation of Employment Land TOWN CENTRE AND RETAILING S1.1 Large Retail Developments TCR1 Preferred Location for Retail Development S2.1 Maintaining Town Centre Retailing S2.3 New Retail Floorspace S2.4 Enhancing the Attractiveness and Vitality of Town Centres IMPLEMENTATION R1.1 Legal Agreements IMP1 Priorities for Planning Obligations R1.2 Infrastructure IMP2 Planning Obligations CRICKLEWOOD, WEST HENDON AND BRENT CROSS REGENERATION AREA (Additional Chapter Revised Draft, January 2003) GCrick Cricklewood, West Hendon and Brent Cross Regeneration Areas Strategic Policy C1 Comprehensive Development C2 Urban Design C3 Protection and Improvement of Amenity C4 Sustainable Development C5 Existing Town Centres C6 New Town Centre C7 Transport C8 Parking Standards C9 Housing and Community Development C10 Employment C11 Implementation 113

95 APPENDIX 2 CENTRAL GOVERNMENT GUIDANCE 114

96 Introduction This appendix contains a summary of relevant national planning policies. It is not meant to be an exhaustive list but focuses on the most important guidance at the national level. Planning Policy Statement 1 Creating Sustainable Communities (January 2005) This PPS forms part of the Government s Planning Green Paper, Planning delivering a fundamental change, published in December PPS1 supports the reform programme and sets out the Government s vision for planning, and the key policies and principles, which should underpin the planning system. These are built around three themes: sustainable development the purpose of the planning system; the spatial planning approach; and community involvement in planning. Planning Policy Guidance 3: Housing (2001, updated in January 2005) PPG3 establishes the Government s objectives for housing and reinforces the commitment to more sustainable patterns of development. PPG3 sets broad guidelines for the provision of affordable housing, placing emphasis on the importance of creating mixed, balanced and integrated communities. The guidance also encourages local authorities to revise their parking standards to allow significantly lower levels of parking provision in all housing developments, and to increase the density of development at and immediately around places with good accessibility. PPG3 was updated on 24 th January 2005 by the following documents; Planning for Sustainable Communities in Rural Areas (replacement paragraph 18, additional text to paragraph 36 and replacement of Annex B (Rural Exception Sites)). Supporting the Delivery of New Housing (new Paragraph 42(a)) 115

97 Proposed changes are also set out in an additional document Influencing the Size, Type and Affordability of Housing. In summary, the proposed changes to PPG3 are: Local authorities should allow housing to be built on land allocated for industrial or commercial use unless a convincing case for retention can be made. Housing provision should be better matched to housing need: RPBs should undertake assessments of likely housing requirements LPAs should assess local housing needs with the Regional Housing Boards. This should include the needs of specific groups e.g. key workers, and need for particular types of accommodation. Revisions to PPG3 will replace the affordable housing circular. It is proposed that revised PPG3 will include the following: Definitions in local plans of affordable housing, in relation to local requirements and markets, An assessment in local plans of the full range of affordable housing needs. LPAs should work with developers and ensure that the affordable housing sought does not make development unviable. Circular 6/98: Planning and Affordable Housing (1998) This amplifies the Governments policy on how the planning system can contribute to the overall supply of affordable housing. It states that a community s need for affordable housing is a material consideration, which may be properly taken into account in deciding planning applications. The guidance places emphasis on the need for substantial developments to incorporate a mix of dwelling type sand sizes to cater for a range of housing needs The definition of affordable housing contained in the Circular is broad: affordable housing is taken to encompass both low-cost market and subsidised housing (irrespective of tenure, ownership whether exclusive or shared or financial arrangements) that will be available to people who cannot afford to rent or buy on the open market. However, paragraph 15 states that decisions about what affordable housing types to build should reflect local housing need and individual site suitability and be a matter for discussion and agreement between the parties involved. The Circular also emphasises the need for authorities to be aware of the commercial constraints under which developers and RSLs operate and states that authorities should be aware of the need for flexibility to enable or encourage the scheme to proceed. Furthermore arrangements for affordable housing should take account of the needs of developers and registered social landlords who must ensure that schemes are financially viable including the need to raise development finance and who may well need to operate within certain time limits (para. 17). 116

98 Planning Policy Guidance 13: Transport (2001) PPG13 outlines the Government s aim of achieving reduced car dependency via transport and planning policies that are integrated at the national, strategic and local level. The guidance places an emphasis on putting people before traffic, indicating that new development should help create places that connect with each other sustainably, providing the right conditions to encourage walking, cycling and the use of public transport. PPG13 also requires local authorities, when assessing planning applications, to intensify housing and other uses at locations that are highly accessible by public transport, walking and cycling. Planning Policy Guidance 17: Open Space, Sport and Recreation (2002) PPG17 promotes the importance of well-designed open space for quality of life. The provision of adequate quality open space and sport and recreation facilities are identified in PPG17 as necessary to the achievement of a number of broader Government objectives including: Supporting an urban renaissance; Promotion of social inclusion and community cohesion; Health and well being; Promoting more sustainable development PPG17 seeks to ensure there is an adequate provision of open space and sport and recreation space to meet local needs. It seeks the protection of existing open spaces where there is a local need and the provision of additional or improvements in the quality of open space where possible. Local authorities are required to undertake assessments of existing and future local open space needs and to develop open space strategies to ensure that these needs are met. Both the quality and quantity of open space provisions should be included. PPG17 promotes the use of these assessments to develop locally derived standards of open space provision reflecting local circumstances. PPG17 states that in the absence of such an assessment or strategy, developers should consult with the local community that their development proposals are widely supported in terms of open space provision. PPG17 also states that in the absence of an up-to-date assessment, applicants may seek to demonstrate through an independent assessment that their proposed development is appropriate in terms of local open space requirements. PPG17 states that planning obligations should be used as a means to remedy local deficiencies in the quality or quantity of open space, sports and recreational provision. Local authorities are justified in seeking planning obligations where the quantity or quality of provision is inadequate or under threat, or where new development increases local needs. PPG17 states that where playing fields are to be lost they are replaced by a playing field or fields of equivalent or better quantity and quality in a suitable location. 117

99 APPENDIX 3 LONDON PLAN 118

100 Introduction This appendix contains a summary of relevant regional planning policies. It is not meant to be an exhaustive list but focuses on the most important guidance at the London Plan level. Development Opportunities The London Plan divides London into sub-regions; the London Borough of Barnet falls within the North London sub-region. The West Hendon Estate is located within the Cricklewood/Brent Cross Opportunity Area, Area for intensification or Area for Regeneration. The strategic priorities for this area is to maximize the number of additional homes and ensure that the social and community infrastructure is retained, enhanced and expanded. The Draft Sub Regional Development Framework for North London has yet to be published for consultation. Housing Policy 3A.5 states that boroughs should encourage proposals for large residential developments including the provision of suitable non-residential uses within such schemes. Policy 3A.5 defines affordable housing as: comprising social housing, intermediate housing and in some cases, low cost market housing and states the new affordable housing provision should seek to meet the full spectrum of housing need. Table 3A.3 sets a target of 50% affordable housing for Barnet, though Policy 3A.8 states that boroughs should apply these targets sensitively when negotiating with developers taking into account individual site costs, economic viability, including the availability of public subsidy and other planning objectives. Paragraph 3A.60 states that boroughs should resist the loss of affordable housing without its replacement. When considering proposals for estate renewals, loss of affordable housing should be resisted unless the regeneration objectives outweigh the strategic need to increase the supply of affordable housing in London. The Plan supports maximising the potential of sites through increasing densities (table 4B1 and Policy 4B3). Table 4B1 of the Draft London Plan states that developments in locations with a PTAL accessibility index of up to 2, a density of up to 250 habitable rooms per hectare (hrh) is acceptable. Where a PTAL index of 2 3 the range identified is hrh. The Plan expects that all new housing will be built to lifetime home standards and that a minimum of 10% of new housing will be designed to be wheelchair accessible or easily adaptable for residents who are wheelchair users. 119

101 Community Facilities Policy 3A.17 states that planning applications should promote the objectives of the NHS Plan. Policy 3A.21 (Education Facilities) states that boroughs should monitor the demand for pre-school, primary and secondary provision. Policy 5.3 states that highest importance should be given to affordable housing and transport improvements, with priority to learning, skills and health facilities. Policy 3D.5 (Sports Facilities) encourages the promotion and development of London s sporting facilities. In reviewing UDP s, boroughs should identify sites for a range of sports facilities to meet local, sub-regional and wider needs. Policy 3D.9 (Metropolitan Open Land) states that boroughs should maintain the protection of Metropolitan Open Land (MOL) from inappropriate development. Transport Policy 3C1 (Integrating Transport and Development) emphasises the need to improve public transport capacity and accessibility where it is needed, particularly in areas designated for development and regeneration. Policy 3C.2 (Matching development to transport capacity) states that boroughs should consider proposals for development in terms of existing transport capacity, both at corridor and local level. Where existing transport capacity is not sufficient, boroughs should ensure that development proposals are appropriately phased until it is know that these requirements can be met. Policy 3C.3 supports the promotion of sustainable transport in London. Employment Policy 3D.1 (Developing London s Economy) supports the development of London s one of the three world cities. It states that the Mayor, in partnership will strategic partners, will; Seek a range of premises of different types, sizes and costs to meet the needs of different sectors of the economy; Match the spatial application of policies to the needs of different sectors and markets within the London economy; Establish a research observatory and sector commissions to monitor the implementation of this plan to ensure it is updated as appropriate; Promote London as a location for international and European agencies; Ensure cohesion with regional policy to secure sustainable relations between London and its wider region in terms of urban forms, flows and processes; and Facilitate social enterprise and community development. Retailing and Town Centres Policy 3D.1 (Supporting Town Centres) states that boroughs should enhance access to goods and services and strengthen the wider role of town centres, including UDP policies to: 120

102 Encourage retail, leisure and other related uses in town centres and discourage them outside of town centres; Improve access to town centres by public transport, cycling and walking; Enhance the quality of retail and other consumer services in town centres; Support a wide role for town centres as locations for leisure and cultural activities, as well as business and housing; Require the location of appropriate health, education and other public and community services in town centres; Design core areas for primarily for shopping uses and secondary areas for shopping and other uses; Undertake regular town centre health checks; Support and encourage town centre management, partnerships and strategies. Policy 3D.2 (Town Centre Development) advises that UDP policies should; Assess retail capacity and need, through sub-regional partnerships where appropriate. Relate the scale of retail, commercial and leisure developments to the size and role of a centre and its catchment and encourage appropriate development on sites in town centres in the network. If no town centre sites are available in the network, provision should be made on the edge of centres in the network. Treat proposals for out of centre development of for intensification or expansion of existing out of centre retail facilities, in line with policy and relevant central government guidance. 121

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