WARREN FARM, WINDMILL LANE, SOUTHALL

Transcription

1 WARREN FARM, WINDMILL LANE, SOUTHALL DEVELOPMENT BRIEF Page 1 of 42

2 Contents Para No Page No 1. Introduction, Scope, Status & Structure Site Information & Context The Site Planning Policy Context The Issues For Consideration Delivery Environmental Assessment Consultation & Referral To The London Mayor & Secretary Of State 9. Other Consultation With Partners And Stakeholders 10. Service Infrastructure Contacts Appendix 1 Planning History 32 Appendix 2 Planning Policy Synopsis A2.1 A Appendix 3 Planning Requirements A3.1 A Page 2 of 42

3 Page 3 of 42

4 1 INTRODUCTION, SCOPE, STATUS & STRUCTURE i. Introduction 1.1 This Development Brief has been produced by Shireconsulting for the London Borough of Ealing (LBE), in its capacity as owner of the sports ground known as Warren Farm in Southall. 1.2 Warren Farm is a strategic site in terms of sports provision in the Borough, but the site has suffered from a lack of investment over a prolonged period and it is no longer fulfilling its role as a suitable location for community based sports. New investment is urgently needed and LBE is seeking expressions of interest for the long lease from potential development partners to deliver the finance necessary to improve the facilities offered. Potential development partners will be encouraged to suggest a facility mix which they consider could provide a viable opportunity whilst ensuring full access for community use over the majority of the site. ii. Purpose and scope of the Brief 1.3 LBE is also the Local Planning Authority (LPA) for the site and the following Brief provides informal planning guidance, including setting out the planning policy context and an assessment of the constraints and opportunities on the site. The Brief also provides some development / design guidelines. However, even if a development scheme conforms to the terms of this Brief, LBE s decision-making power as LPA cannot be fettered and any planning application at Warren Farm will be treated in the same manner as if it were for privately owned land. 1.4 LBE has 5 Priorities for the Borough, which include; Making Ealing Safer; Improving Public Services; & Delivering Value for Money and it is intended that the development of Warren Farm will meet the terms of these 3 priorities. Page 4 of 42

5 1.5 The Brief itself meets a number of aims: To provide a basis for the consideration of any future planning application(s) for the Warren Farm site. To help build a facility that is open, fair and inclusive for the whole community To work in partnership for the health and well-being of the community. To safeguard the environment. To ensure the Borough is a desirable place to live, work, learn and visit. 1.6 The new leisure facility has an important role in helping deliver these corporate aims and priorities, and the LBE has set out the range and type of facilities that it expects from this new development within the Invitation Document included within the bidders document bundle. The resultant development is expected to: be designed to the highest standards, incorporating green technologies, to reduce consumption of natural resources and respond to climate change; respond to the wider surrounding context and optimise opportunities for the leisure facility to remain part of the wider green infrastructure; encourage, where possible, sustainable travel choices, through optimising opportunities for walking, cycling and minimising car use; and encourage behavioural change towards more sustainable lifestyles through its design and purpose. iii. The Status of the Brief 1.7 The principle of improving the recreational and leisure facilities at Warren Farm have been consulted upon as part of the emerging Core Strategy, and also forms a key strand in LBE s Open Spaces Strategy (see below in Section 4). iv. Structure 1.8 The Development Brief is structured in the following way: Section 2.0 describes the context of the site; Section 3.0 describes the site itself; Section 4.0 provides an overview of the relevant planning policy context; Section 5.0 sets out the issues for consideration; Section 6.0 is concerned with delivery of the development; Page 5 of 42

6 Section 7.0 covers the matter of Environmental Assessment; Section 8.0 refers to the issue of consultation & referral to the London Mayor & Secretary of State; Section 9.0 deals with consultation with other partners and stakeholders; Section 10.0 covers existing site infrastructure provision; Section 11.0 lists useful contacts within the Council and elsewhere. Page 6 of 42

7 2 SITE INFORMATION & CONTEXT i. The Wider Area & Demographics 2.1 Warren Farm is within the administrative area of LBE, which is a single-tier unitary authority that delivers all the main local government services for the area. The Borough area had a population of around 300,900 as at This was a rise of 5.7% since the previous census in 1991 and the population is estimated to have risen again by 3.5% by the time of the 2011 assessment. A further rise is predicted by 2020 to a level some 7.2% above the 2001 level. It is calculated that the Borough has an average population density of 54.2 persons to the hectare (considerably above London s overall average of persons/ha). The importance of open space for sport in a densely populated area, with a growing population, is clear. The surrounding boroughs of Hounslow and Hillingdon are also predicted to have significant rises in their populations (11.4% and 12% respectively) over the Appendix 2 to the emerging Ealing Core Strategy is entitled Neighbourhood Profiles and No.8 concerns Southall. The area is noted as being in the south west of the borough is the most ethnically diverse area in the borough..famous for its Asian culture and has the largest Asian shopping centre in the capital. Southall continues to be home to new communities with more recent migrants from Somalia, the Middle East and Europe. The area is characterised by a relatively youthful population, lower rates of economic activity, higher levels of overcrowded households and parts of the neighbourhood have high relative levels of multiple deprivation..there is a particular shortage of open space in much of the area, particularly in Southall West, Southall Green and Southall Town Centre. In future the Southall area is viewed as a priority area for investment and opportunity and the facilities at the strategically important Warren Farm are to be improved period, putting further pressure on to existing facilities. Page 7 of 42

8 2.3 Large parts of LBE s area, including areas close to the subject site, are amongst the 10% most deprived areas of the country. In 11 km away to the west (Figure 1 below shows the site in its West London context). addition, in 2001, 41.3% of the population was non-white and Sport England s surveys of participation in sport show that Black Asian Minority Ethnic groups are less likely to participate in physical activity. Lack of participation in sport and high levels of deprivation result in poor health outcomes. ii. Transport Links 2.4 Road access to the main settlements in proximity to the subject site is reasonable with Southall some 3 km away to the North West, Ealing some 4½ Km away to the North east and Hounslow about 6 km to the south-west. The B454 (which at this point borders the length of the subject site to the south-west and is known as Windmill Lane), links the A4020 Uxbridge Road to the north of the site to the strategic road network at the Great West Road (A4) about 3 km south of the site. The M4 motorway is also close by, with junction 2 some 4½ km away being the nearest access to it. Heathrow is about 2.5 Public transport in the vicinity is limited. Although the eastern boundary of the site is formed by a railway line there is no access to it for passengers and the nearest stations are Southall/Hanwell (mainline) and Boston Manor (Piccadilly Line). None of these options is within comfortable walking distance. There are no bus routes Page 8 of 42

9 along Windmill Lane, the nearest stops being on the A4020 Uxbridge Road some 1½ km away. As at 2010 Transport for London s (TfL) plan of Public Transport Accessibility Levels (PTAL) shows this part of the Borough as unclassified, reflecting its existing limited public transport links. 2.6 There are some pedestrian links to the east of the site over the railway and Grand Union Canal, the latter via a footbridge. There are also cycle ways close by. Page 9 of 42

10 3 THE SITE 3.1 The Site - The study area covers approximately 24.8 hectares and is owned freehold by LBE. 3.2 The site is relatively flat with a gentle slope from north to south and from west to east towards the canal. The land is mostly mown grass and used as sports pitches for cricket (6 pitches), football (16 pitches) and formerly netball (8 courts). On occasions some of the grassed area, not in use for sports pitches, is utilised by a local society for flying model aircraft. 3.3 There is a cluster of buildings (including changing rooms, a nursery school and an LBE depot used by the Parks Services contractors) within the centre of the site, which have an estimated footprint of 1,847m 2. There is an internal access road from Windmill Lane to the buildings at the centre. This road is surfaced with concrete, but is too narrow for two vehicles to pass in opposite directions. 3.4 Most of the existing buildings are built of brick, are single storey and in very poor condition. Those buildings are surrounded by considerable areas of hardstanding used as car parking to serve the buildings. The netball courts are no longer use for sport and serve as overflow car parking. In total, the area covered by buildings and hardstanding within the Council s ownership (excluding the access road) is estimated to amount to some 2 hectares. 3.5 There is a pair of privately owned semi-detached houses adjoining the access road, which are outside the scope of the Warren Farm Brief area. 3.6 There are few trees within the site, with the exceptions of a number of specimens within and around the main building cluster and lining part of the access road. There are more mature specimens to the site s edges and boundaries. 3.7 Boundaries - To its north the study area is adjoined by the sports fields owned by Imperial College. Its southern boundary adjoins Page 10 of 42

11 another area of open land which is bisected by the M4 from the Wyke Green Golf Course. The eastern boundary is formed by a railway line and the open land adjoining the Grand Union Canal/River Brent, as well as the employment land known as the Waterside Trading Estate. There is a pedestrian access point into the Warren Farm sports fields over the canal/river as indicated on the attached plan. The western boundary follows the alignment of Windmill Lane (the B454) a single carriageway route which for some of its length, the stretch between the site and the M4, is significantly below the level of the Warren Farm sports pitches. On the opposite side of Windmill Lane is the area of Osterley Park which is enclosed by a high brick wall (the park and enclosing wall are listed Grade II*). Aviary Farm is a substantial private house opposite the sports pitch (see figure 2, the aerial photograph below) and is a locally listed building. Three Bridges to the north of Windmill Lane is a Scheduled Monument. 3.8 Existing Access to the Site - the current main access to the site is via a gate off Windmill Lane. Visibility is restricted when exiting the site back on to the road network, particularly due to the levels and alignment of Windmill Lane at this point. 3.9 Brief History of the Site The site and land was originally a farm until the mid-1960s, when it was developed as the Warren Farm Schools Sports Centre The Site s planning history as established from LBE s online database is attached as Appendix 1 to this Brief. There is little history of relevance to the overall site, the majority of the cases relate to the semi-detached houses adjoining the access road. Page 11 of 42

12 Page 12 of 42

13 4 PLANNING POLICY CONTEXT 4.1 Any proposals for the site that require planning permission will be considered in the context of National, Strategic and Local planning policies. These policy documents are scheduled as Appendix 2 to this Brief. i. The Development Plan 4.2 The current Development Plan for Ealing comprises The London Plan (July 2011) and the saved policies of the Ealing Unitary Development Plan (UDP) The Ealing Core Strategy being prepared under the Local Development Framework (LDF) system is currently undergoing Public Examination by a Planning Inspector. When adopted the Core Strategy will form part of the Development Plan but, by itself, it will not supersede all of the policies in the UDP. ii. Development Plan Allocations 4.3 In terms of site allocation within the UDP the Site itself (together with the Imperial College Sports Ground) is Metropolitan Open Land. The Osterley Park area has some archaeological potential (including early field systems, possible prehistoric barrows and Saxon finds) and designation A23 includes the subject land. The woodlands on Windmill Lane adjoining the site are part of the Long Wood/ Boundary Stream Southall Nature Conservation Site and Management Area. Windmill Lane is shown as a Main Distributor Road. The view from Warren Farm to St Thomas s Church Boston Road is considered locally important, as are the views from Elthorne Park to Osterley Park, St Marks Conservation Area at the junction with the canal and River Brent, and Three Bridges to the Brent River Park. The Grand Union Canal and adjacent railway are both Green corridors and the River Brent Park is a Site of Metropolitan Importance for Nature Conservation (SMINC). The Grand Union Canal is a Conservation Area. Warren Farm is shown on UDP Map 11 ( Built Sports Facilities with Community Access ) as being an Area more than 1.2 km Page 13 of 42

14 from sports hall and an Area more than 1.5 km from swimming pool. iii. Relevant Development Plan Policy 4.4 The Development Plan seeks to promote sustainable development, encourage a high standard of design, protect the natural environment and promote use of modes of transport other than the private car. Generally, recreational use of Metropolitan Open Land is supported by the Development Plan but inappropriate development will be refused except in very special circumstances, giving the same level of protection as in the Green Belt. Essential ancillary facilities for appropriate uses will only be acceptable where they maintain the openness of MOL (Policy 7.17 The London Plan July 2011). 4.5 London Plan Policy 6.5 Funding Crossrail and other strategically important transport infrastructure requires contributions from most forms of planning application towards the funding of Cross-rail by way of Community Infrastructure Levy or CIL. At time of writing this Brief the draft Mayoral CIL charging schedule is undergoing its public examination by an Inspector, but if it is adopted in its current form, a rate of 35 per additional m 2 of floorspace will be applied in Ealing. iv. The emerging Core Strategy 4.6 The Key Diagram shows the subject site as Green Space. Warren Farm is shown on the Proposals Map as a strategic site for sports and recreation and the emerging plan states that over the plan period it is envisaged that there will be improved changing rooms, outdoor sports areas and social facilities at the site. Development of the site is seen as being key to helping to achieve many of the other social and community objectives of the emerging plan. v. Other Guidance & Evidence 4.7 In addition to planning policy, elements of Ealing Council s Supplementary Planning Guidance (SPG) and Supplementary Planning Documents (SPD) will be relevant to the consideration Page 14 of 42

15 of any applications. These provide additional information upon such matters as accessibility, sustainable transport, planning obligations and air quality. 4.8 There are a number of LBE strategies for the Borough s parks and open areas that have been brought forward in recent years. These highlight the need for new investment and the strategic role in sport and recreation provision played by Warren Farm. 4.9 Also of potential relevance is LBE s own CIL SPD which is in preparation for possible adoption towards the end of Like the Mayoral CIL above the levy will be set at a cost/ per square metre of new floorspace. Page 15 of 42

16 5 THE ISSUES FOR CONSIDERATION 5.1 The Warren Farm site provides an excellent opportunity to create a thriving new community hub of sporting activity to deliver health and well-being benefits to the entire local community. It is important however, that the site is developed appropriately in relation to its context. Therefore, this chapter provides some guidance to help produce an inclusive, sustainable and appropriate development scheme. 5.2 The various technical issues will need to be addressed by appropriate specialists and developers will need to show that they have qualified consultants on board who are used to working as part of multi-disciplinary teams. 5.3 Metropolitan Open Land (MOL): The most fundamental planning issue relating to the proposed development of any leisure scheme on this land is its designation as MOL. For development control purposes the implications of such status is equivalent to Green Belt designation. Most forms of new development are considered to be inappropriate in such locations although use for sports and recreation is acceptable. New buildings can also be acceptable provided that they are essential facilities genuinely needed to support the use of land for sport and recreation. Where permitted new building must preserve the openness of the land. For some forms of development very special circumstances (VSC) must be demonstrated as a prerequisite to obtaining planning permission. The need to enhance the provision at Warren Farm to a level where it can fulfil its role as a strategic sports and leisure facility could be part of the demonstration of such VSC. 5.4 There is already a cluster of buildings on the site surrounded by extensive areas of hardstanding. Where possible any new development should be focused within the envelope of the existing built area. Careful siting of the scheme and other attenuation measures, such as landscaping, will be key to minimising the possible harm to the openness of the MOL. Page 16 of 42

17 5.5 Floodlighting can also be a contentious issue, as it can be an intrusive feature, particularly at night, to the open character of the MOL. However, the lack of lighting currently is one factor limiting use of the pitches and recent advances in technology mean that the adverse effects of light over-spill can be minimised. Nevertheless, the developer must justify the need for such lighting and if required within the proposed business model careful thought must be given to designing the floodlighting scheme as part of the strategic landscape plan for the entire site. 5.6 Loss of open space: The use of open space for the provision of buildings and/or parking that is ancillary to the recreational use of the site may be acceptable in terms of Government policy provided that improved facilities result, or if it is replaced elsewhere. There is no local deficiency in the quantity of open space and the need is for improved quality of provision. 5.7 Loss of Community Facilities: The developer will need to show that the future of the nursery has been considered. The Development Plan policy is to resist the loss of community facilities. To set aside this policy, the other community benefits arising from the scheme should override the loss of the nursery. Consideration should be given to re-providing the nursery in a more accessible location. 5.8 Transportation (including access, circulation within the site, and location of trip-generating development): The layout of any new development should segregate pedestrian and vehicular movement to allow pedestrians and cyclists to use the core areas in safety and comfort. Car parks are to be located within the area currently covered with hardstanding, close to the existing cluster of built development. 5.9 The site access on to Windmill Lane needs to be improved, particularly the visibility to the northbound carriageway when Page 17 of 42

18 rejoining the road. There should be scope to address this matter within the confines of the site, through such measures as widening visibility splays (although see below regarding biodiversity). The design of the proposed junction should be assessed by the appropriate consultant. The emphasis should be upon the creation of a safe well-designed arrangement that is able to cater for the leisure development s traffic and as part of the proposals for improved access and safety it will be necessary to improve existing, or provide new, sections of footway along the Windmill Lane frontage There is also to be an emphasis upon social inclusion for the improved sports facility and so full provision of parking to disability standard will be required (currently under the terms of UDP policy, 1 space per 60 sq. m. of changing room floorspace). Reference should also be had to Sport England s 2010 document Accessible Sports Facilities More generally, in relation to vehicle parking, there should be provision for coaches and mini-buses. The extent of car parking should be limited so as to retain the open character of the MOL and encourage car sharing and other sustainable modes to access the site Whilst the Government planning policy concerning economic development in PPS4 seeks a positive attitude towards all proposals that generate wealth and investment or create employment, the locational preference for new investment is usually existing urban areas, particularly central areas, but always where the use is accessible by a variety of transport mode. The subject site has a very low assessment in relation to public transport accessibility and normally would not be considered as suitable for many activities that generate trips. However, the Council understands that in order to provide a strategic level facility some additional land use may have to be accepted and access to this might require use of private cars. Page 18 of 42

19 A Green Travel Plan (GTP) should be produced to demonstrate how opportunities for sustainable travel patterns have been optimised through such measures as promoting car sharing; the use of coaches and minibuses; strengthening pedestrian linkages across the canal; assisting with completing the network of cycleways; and through the provision of secure cycle parking Linked with the above is the matter of traffic generation. The site already generates trips throughout the day, to the sports pitches, nursery and Council depot. The weak bridge over the canal at the north of the site is a limiting factor for traffic travelling from Southall Town centre and the scope to improve matters are probably proscribed by its Scheduled Monument status Design: The character and appearance of the development will be enhanced by creating distinctiveness in the design of the buildings and the landscaping of the site. We have already commented upon the need to design the scheme so as to minimise any harm to the openness of the MOL. None of the existing structures on the site are of any architectural merit and all can be replaced. However, any new buildings should be designed to a very high standard, meeting exacting BREAMM standards. Building heights should be kept low generally no more than two storeys in height to protect the open character of the MOL, local views and prevent harm to the nearby conservation area. The new, or amended, access road to the built elements of the scheme from Windmill Lane should be landscaped to provide an attractive entranceway Buildings should incorporate elements of sustainable design such as energy saving/generating measures as an integral part of their design and the matter should specifically feature in a section of the Design & Access Statement which will accompany any application for planning permission. Localised Page 19 of 42

20 Sustainable Urban Drainage Schemes, such as permeable car parks, swales and soakways, will be expected to be used wherever possible in order to make sure that run-off is attenuated and dealt with as close as possible to the source. Subject to further consultation with the Environment Agency, attenuation may also be required in the form of flood storage reservoirs The leisure facilities are intended to benefit the entire community and protecting the amenities of any nearby residents (such as Aviary Farm) will be vital to the success of the scheme in gaining public support. Again, use of landscaping of high quality will assist in mitigating the effect upon amenity (see mention above regarding the proposed access and also the specific section below on Landscaping & Trees ). The methods that can be employed to minimise light over-spill, mentioned above in context of the MOL, will also be of benefit to nearby residents. The designers will also need to consider the effects on amenity arising from noise from users and spectators of the outdoor pitches. Acoustic consultants will be needed to report further on this issue Landscape & Trees: The site currently benefits from some strong tree lined boundaries which would help ameliorate any visual impact. As it is LBE owned land and Tree Preservation Orders (TPOs) are not served by the Council upon itself, none of the trees is subject to a TPO. However, should the land be sold TPOs may be used to protect important specimens. A tree survey will be needed to determine the condition of the existing trees and contribution they make to the visual amenity of the area and nature conservation. The arboricultural assessment should be used to determine which trees should be retained and incorporated into the site layout and protected during any development and demolition on the site. There is an opportunity for the site to create green infrastructure through increased tree planting which will help to contribute to the Page 20 of 42

21 objectives of the UDP/LDF. These objectives include regenerating the environment, improving bio-diversity and increasing opportunities for sport and recreation and improving access to the countryside. Native species of trees and vegetation should be encouraged Bio-diversity & Ecology: a Stage 1 ecological survey will be essential to the evidence base for the application and must be carried out. The existing buildings may serve as roost sites for bats. Elsewhere, because the majority of the land is currently highly managed as sports pitches, or covered by hardstanding, it is possible that its bio-diversity will not be as high as it might be, bearing in mind the close proximity of green corridors and other areas of nature conservation interest. There should be scope to enhance the contribution of the site to local biodiversity through new planting at its margins and, as part of the layout of the site, the developer will be expected to produce a whole-site Ecological Management Plan (to include both management and monitoring) where appropriate to be implemented post development to maintain and enhance the ecological interest on site Landscape, Trees & Visual Impact: Bearing in mind the open undeveloped nature of much of the site within the MOL and the proximity of important local views, landscaping is going to be crucial to the success of the scheme both in terms of securing permission, and also for physically integrating the development into the locality. The scheme should sit within a structured landscaping scheme and there is scope to create a tree-lined avenue to the new facility. The Council also require detail as to species type contemplated as part of any replanting. As noted the replanting with native species could be a major opportunity for environmental improvement and a contribution to local bio-diversity, particularly along the site boundaries to the river/canal and along Windmill Lane. None of the trees on the site are presently the subject of TPOs. There Page 21 of 42

22 are some small trees within the built up part of the site, but towards the margins of the site there are specimens of considerable size and age. An Arboricultural Implications Assessment (AIE) should be conducted in accordance with the British Standard Trees in relation to construction Recommendations. The AIE should include identification and assessment of the impacts on any hedgerows, mature or veteran trees or ancient woodland remnants on site and it should be conducted by qualified arboricultural consultants. Woodland management plans should be prepared by professional forestry/woodland management consultants if required Flooding & Hydrology: Although the site is not shown upon the Environment Agency s (EA) Flood Risk map as being within an area with a medium or high probability for flood accompanied by a Flood Risk Assessment (FRA) anyway. Certain activities (including sports and recreation) are classified as being more compatible to locations that are vulnerable to flooding than others (e.g. residential). We recommend that there is early dialogue between the hydrological engineering consultant and the EA upon the content of the FRA, as PPS25 also recommends, so that the formal consultation process can be expedited once any application is made Heritage & Archaeology: The site has archaeological potential and it will therefore be necessary for further development to be preceded by appropriate archaeological investigation as Government planning policy for the historic environment (PPS5) recommends. Early stage liaison with English Heritage s archaeologist is recommended to ensure that any further features can be appropriately recorded. (either Zones 2 & 3), the Environment Agency requires all development on sites over 1 hectare in area to be Page 22 of 42

23 5.22 There are no designated features, such as Scheduled Monuments or Listed Buildings within the site. The enclosing wall on the opposite side of Windmill Lane is part of Osterley Park (which is itself scheduled on the English Heritage Register of Parks and Gardens) and is Grade II* listed. Three Bridges is a Scheduled Monument and Aviary Farm opposite is locally listed. Thus, in addition to the research upon archaeological matters, the application will also need to be accompanied by a full Historic Environment Assessment, which considers the impact of any proposal upon the setting of those structures Residential Amenity: The matter of noise breakout should not be an overriding constraint to development, bearing in mind the existing use as sports pitches. The addition of floodlighting will extend the hours of use, but there are no concentrations of housing close to the developed portion of the site. There are however isolated houses within the Warren Farm area (such as those adjoining the access road), and so the design must include measures to attenuate any noise arising from the proposal and to shield light from floodlights or any other lighting provided within the site Air Quality: the entire Borough is an Air Quality Management Area and the site is close to the M4. An air quality statement should be included with any application for development that is likely to increase trip generation upon the local road network; is over a certain size threshold; and/or significantly increases the car parking provision. The improvements to walking and cycling in any Green Travel Plan, as well as the promotion of renewable energy generation, should assist with meeting the Council s objective of improving air quality There may also be air quality issues arising from the emissions of pollutants from HGV movements on- and off-site. These effects could be minimised by using standard dust mitigation Page 23 of 42

24 measures and through designated HGV routes being agreed with the Highways Authority Land remediation: it is possible that hydrocarbons and other chemicals may have been stored at the Council s depot in the past. An assessment of the site for contamination should be included with any application submission. Page 24 of 42

25 6 DELIVERY 6.1 Warren Farm is seen by LBE as a strategic site in relation to the provision of sport and recreation in the Borough and delivering enhanced facilities here has long been a Council priority. 6.2 The basis of the transaction with LBE and similar matters is covered within the Instructions Document which forms a key part of the bidders document bundle. 6.3 Attached as Appendix 3 to this Brief is a document which considers the matter of planning obligations and conditions. Page 25 of 42

26 7 ENVIRONMENTAL ASSESSMENT 7.1 A formal Environmental Impact Assessment may be required depending upon the scale, nature and potential impact of the development. A screening opinion should be obtained from the LPA once a scheme has been prepared. Page 26 of 42

27 8 CONSULTATION & REFERRAL TO THE LONDON MAYOR & SECRETARY OF STATE 8.1 There are some statutory requirements that the project would have to address even if it does not require formal Environmental Impact Assessment, before the Borough could grant planning permission for the form of development proposed. Initial referral to the London Mayor under the terms of The Town and Country Planning (Mayor of London) Order 2008 and Circular 1/2008. This would be likely to be a Part 3 project as indicated within the schedule to the Statutory Instrument accompanying Circular 02/2009). In certain circumstances referral to the Secretary of State is a mandatory requirement, for instance in respect of new buildings of more than 5,000m 2 to be used for town centre uses when situated in out of centre locations. In such cases if the Council were minded to grant permission, details of the planning application would need to be sent to the Secretary of State, who would then have 21 days to consider whether he wishes to call in the application for his determination No The matter may also need to be referred to the Secretary of State if the Council is minded to grant permission (see the Town and Country Planning (Consultation) (England) Direction, 2009 and Page 27 of 42

28 9 OTHER CONSULTATION WITH PARTNERS AND STAKEHOLDERS 9.1 Support from key stakeholders (such as Sport England, the relevant sports governing bodies and any other local sports clubs and organisation) as well as the wider public is going to be key to demonstrating an overriding need for new and improved leisure facilities at Warren Farm. Consultation with partners, the community and other local stakeholders is essential to arrive at a design solution which people can understand and support. 9.2 The Development Brief sets out the vision for the site and an opportunity will be provided to enable consultees and the general public to make their views known in order to guide and influence the detailed design for the site, once the nature of the intended proposals has emerged. Page 28 of 42

29 10 SERVICE INFRASTRUCTURE 10.1 All mains services are available on the site and detailed discussions with the utility providers should be undertaken by the development partner with regard to programming and the potential upgrade of the existing infrastructure. Due to its age, condition and likely capacity, the existing configuration of service infrastructure within the site may not be suitable for the needs of modern users. Accordingly, the renewal of the entire internal gas, electricity, water supply and drainage system should be also be investigated by the development partner. Page 29 of 42

30 11 CONTACTS 11.1 LBE 11.2 Greater London Authority 11.3 Environment Agency 11.4 Museum of London 11.5 English Heritage 11.6 Sport England 11.7 Utility providers Page 30 of 42

31 Page 31 of 42

32 Appendix 1 Site Planning History* Reference Address Description Decision Date P/1993/0965 P/1993/1879 P/1995/2352 P/1996/1616 P/1997/3088 P/1997/2285 P/1998/1480 Warren Farm Sports Centre Windmill Lane Warren Farm Sports Centre Windmill Lane 2 & 3 Warren Farm Sports Centre Windmill Lane Southall Middlesex Warren Farm Playing Fields Windmill Lane 2 Warren Farm Sports Centre Windmill Lane Southall Middlesex Pavilions & Playing Fields Warren Farm Sports Centre Windmill Lane Southall Middlesex 2 Warren Farm Sports Centre Windmill Lane Southall Middlesex Use of site for Sunday car sale market for approximately 60 cars Neighbour notification Change of use of service tenanted properties to single family dwellinghouses Change of use of service tenanted properties to single family dwellinghouses (Revised Application) Use of part of playing fields to fly radio controlled model aircraft. Erection of single storey extension to side of dwellinghouse (written representations appeal). Use of part of playing fields to fly radio controlled model aircraft granted 24/10/96 (Ref 19566/4) (Renewal of temporary planning permission) Refused 18/05/1993 Grant With Conditions 15/12/1993 Deemed Consent 17/01/1996 Grant With Conditions 23/10/1996 Refused Appeal Dismissed 09/12/ /10/1998 Grant With Conditions 15/09/1997 Erection of single storey extension to side of dwellinghouse Grant With Conditions 21/07/1998 P/1999/ Warren Farm Windmill Lane Erection of single storey extension rear of dwellinghouse (Lawful Development certificate) P/1999/ Warren Farm Windmill Lane Erection of single storey extension rear of dwellinghouse (Lawful Development Certificate) P/2007/ Warren Farm Windmill Lane Southall Single storey side extension to the side facing flank wall of an existing single storey side extension Refused 18/05/1999 Permitted Development 04/05/1999 Grant With Conditions 21/05/2007 Source: LBE online records 08/11/11 Page 32 of 42

33 Planning Policy Background Appendix 2 i. National Context A2.1 Government Planning Policy that may be relevant to proposals for the site includes: PPS1 Delivering Sustainable Development (January 2005) PPS4 Planning for Sustainable Economic Growth (December 2009); PPS5 Planning for the Historic Environment (March 2010) PPS9 Biodiversity and Geological Conservation (August 2005) PPG13 Transport (January 2011) PPG17 Planning for Open Space, Sport and Recreation (July 2002) PPS22 Renewable Energy (August 2004) PPS23 Planning and Pollution Control (November 2004) PPG24 Planning and Noise (September 1994) PPS25 Development and Flood Risk (March 2010) ii. Strategic & Local Policy A2.2 The Development Plan for Ealing comprises The London Plan (July 2011) and the saved policies of the Ealing Unitary Development Plan (UDP) The Ealing Core Strategy being prepared under the Local Development Framework system is currently at an advanced stage. When adopted, it will replace some of the policies of the UDP. Details of the Site s allocation is set out at paragraphs 4.2 & 4.3 above. a. The London Plan A2.3 The London Plan provides the strategic level of planning policy for the Borough. Ealing Borough is within the defined Outer London and in the West London Sub-region. Policies relevant to any proposals for this site might include: Policy 1.1 Policy 2.6 Delivering The Strategic Vision And Objectives For London Outer London: Vision And Strategy Page 33 of 42

34 Policy 2.7 Policy 2.8 Policy 2.18 Policy 3.1 Policy 3.2 Policy 3.6 Policy 3.16 Policy 3.19 Policy 4.6 Policy 5.2 Policy 5.3 Policy 5.6 Policy 5.7 Policy 5.8 Policy 5.9 Policy 5.10 Policy 5.11 Policy 5.12 Policy 5.13 Policy 5.14 Policy 5.15 Policy 5.16 Policy 5.18 Policy 5.21 Policy 6.1 Policy 6.3 Policy 6.5 Policy 6.9 Policy 6.10 Policy 6.13 Outer London: Economy Outer London: Transport Green Infrastructure: The Network Of Open And Green Spaces Ensuring Equal Life Chances For All Improving Health And Addressing Health Inequalities Children And Young People s Play And Informal Recreation Facilities Protection And Enhancement Of Social Infrastructure Sports Facilities Support For And Enhancement Of Arts, Culture, Sport And Entertainment Provision Minimising Carbon Dioxide Emissions Sustainable Design And Construction Decentralised Energy In Development Proposals Renewable Energy Innovative Energy Technologies Overheating And Cooling Urban Greening Green Roofs And Development Site Environs Flood Risk Management Sustainable Drainage Water Quality And Wastewater Infrastructure Water Use And Supplies Waste Self-sufficiency Construction, Excavation And Demolition Waste Contaminated Land Strategic Approach Assessing Effects Of Development On Transport Capacity Funding Crossrail And Other Strategically Important Transport Infrastructure Cycling Walking Parking Page 34 of 42

35 Policy 7.1 Policy 7.2 Policy 7.3 Policy 7.4 Policy 7.5 Policy 7.6 Policy 7.8 Policy 7.13 Policy 7.14 Policy 7.15 Policy 7.17 Policy 7.18 Policy 7.19 Policy 7.21 Policy 8.2 Policy 8.3 Building London s Neighbourhoods And Communities An Inclusive Environment Designing Out Crime Local Character Public Realm Architecture Heritage Assets And Archaeology Safety, Security And Resilience To Emergency Improving Air Quality Reducing Noise And Enhancing Soundscapes Metropolitan Open Land Protecting Local Open Space And Addressing Local Deficiency Biodiversity And Access To Nature Trees And Woodlands Planning Obligations Community Infrastructure Levy b. Ealing Unitary Development Plan A2.4 Most of the Part 1 policies were not saved in 2007 and have been replaced by the London Plan (see above). The remaining Part 1 Strategic Policy remaining of relevance to this case is: Policy 1.10 Legal Agreements and Partnerships Page 35 of 42

36 A2.5 Part 2 policies of the UDP relevant to the site and its surroundings might include: Policy 2.1 Policy 2.5 Policy 2.6 Policy 2.7 Policy 2.9 Policy 2.10 Policy 3.1 Policy 3.2 Policy 3.3 Policy 3.4 Policy 3.5 Policy 3.8 Policy 3.9 Policy 4.1 Policy 4.3 Policy 4.4. Policy 4.5 Policy 4.6 Policy 4.7 Policy 4.8 Policy 4.9 Policy 4.11 Policy 4.12 Policy 8.1 Policy 8.2 Policy 8.3 Policy 8.4 Policy 8.6 Environmental Resources and Waste Water - Drainage, Flood Prevention and Environment Air Pollution and Quality Contaminated Land Energy Waste Minimisation and Management Major Open Areas (MOAs) Metropolitan Open Land and Green Belt Green Corridors and Waterway Network Heritage Land Public and Community Open Space Land for Sports, Children s Play and Informal Recreation Biodiversity and Nature Conservation Wildlife Protection Design of Development Inclusive Design - Access for All Community Safety Landscaping, Tree Protection and Planting Statutory Listed Buildings Locally Listed Buildings, Buildings with Facade Value, and Incidental features Conservation Areas Ancient Monuments and Archaeological Interest Areas Noise and Vibration Light Pollution Existing Community Facilities Major Developments and Community Facilities Redundant Community Facilities Large Scale Community Facility Development Facilities for Young Children Page 36 of 42

37 Policy 8.7 Policy 9.1 Policy 9.5 Policy 9.6 Policy 9.7 Policy 9.9 Policy 9.11 Educational Facilities Development, Access and Parking Walking and Streetscape Cycling Accessible Transport Highways and Traffic Management Public Car Parks and Private (non-residential) Parking Areas c. Ealing Core Strategy (at Examination 2011) A2.6 When adopted the Core Strategy will form part of the Development Plan but, by itself, it will not supersede all of the policies in the UDP. However, as it is currently undergoing Public Examination by a Planning Inspector, it is at an advanced stage and its policies will therefore carry weight in decisions on applications for planning permission. A2.7 The Key Diagram shows the subject site as Green Space. Warren Farm is shown on the Proposals Map as a strategic site for sports and recreation and the emerging plan states that over the plan period it is envisaged that there will be improved changing rooms, outdoor sports areas and social facilities at the site. A2.8 Its development will be key to achieving the Council s action plan to address deficiency in terms of physical access, quantity of provision, and in terms of quality of facilities. As a tool for alleviating deficiency, this strategy identifies a hierarchy of sites in the borough for sports and active recreation, defining sites of strategic and local importance and distinguishing between sites of single and multi sports use. A2.9 These strategic sites are noted as comprising a number of pitches, and accommodate a range of sports, often used by a significant number of organisations and clubs. These sites will be primarily safeguarded and protected for outdoor sports related activities. However, it is accepted that some ancillary development on these sites may be necessary and desirable to enhance the primary active recreation function of these Sites. Amongst the elements identified as being needed at Warren Farm are improved changing rooms, outdoor sports areas and social facilities. Page 37 of 42

38 A2.10 The policies of the emerging Core Strategy relevant to the site and its surroundings might include: Policy 1.1 Spatial Vision for Ealing 2026 Policy 1.2 Delivery of the Vision for Ealing 2026 Policy 5.2 Protect and Enhance Metropolitan Open Land (MOL) Policy 5.3 Protect and Enhance Green Corridors Policy 5.4 Protect the Natural Environment Biodiversity and Geodiversity Policy 5.5 Promoting Parks, Local Green Space and Addressing Deficiency Policy 5.6 Outdoor Sports and Recreation Policy 6.2 Social Infrastructure Policy 6.3 Green Infrastructure Policy 6.4 Planning Obligations and Legal Agreements d. Other Guidance A2.11 In addition to planning policy, elements of Ealing Council s Supplementary Planning Guidance (SPG) and Supplementary Planning Documents (SPD) may be relevant. These include: SPG1 Sustainability Checklist (revised April 2011) SPD2 Community Facilities (June 2006) SPG 4 Refuse and recycling facilities (October 2004) SPG 5 How To Prepare An Urban Design Statement (October 2004) SPG7 Accessible Ealing (October 2004) SPG8 Safer Ealing (October 2004) SPG9 Trees and Development Guidelines (October 2004) SPG10 Noise and Vibration (October 2004) SPG 20 Sustainable transport: transport assessments (October 2004) SPG 21 Sustainable transport: green travel plans (October 2004) Page 38 of 42

39 A2.12 Some regard may also need to be had to: Draft SPG 2 Water, Drainage, Flood Risk and Development Draft SPG 3 Air Quality and Pollution SPD9 Legal Agreements, Planning Obligations and Planning Gain (draft published September 2007) SPD10 Conservation Areas and Listed Buildings (draft published September 2007) Draft CIL SPD Work on this is on-going and is to continue throughout 2012 d. Evidence Base A2.13 Ealing s Sustainable Community Strategy sets out its Themes and Key goals for Many of these themes are relevant in this case and increased participation in sport and recreation is seen as key to attaining a number of these objectives: Environment and Culture Safety Children and young people Health and Independence Economy and Housing Residents First Make Ealing a better place to live Make Ealing one of the safest places in London Create a great place for every child and young person to grow up in Ealing Reduce health inequalities and promote well-being and independence for adults and older people in Ealing Ensure Ealing is a thriving place to live and work Provide efficient, well-run services that are good value for money; promote a cohesive and engaged community; reduce inequalities and balance community interests A2.14 Parks and Open Spaces Strategy (2002) - Section 9.1 noted that the Borough s parks have in the recent past suffered from under investment and many of them were much in need of infrastructural investment. However, it was also acknowledged in Section 9.1 that infinite funds are not available and new means of funding other than LBE sources would have to be explored. Paragraph identified Warren Farm as a Potential Sports Centre of excellence the intention is to reduce the overall number of parks providing poor quality sports facilities and concentrate efforts into good quality facilities in strategically located sites which can be run sustainably. Page 39 of 42

40 A2.15 Playing Pitch And Outdoor Sports Strategy & Action Plan (August 2007) this document set out a strategy for the provision of facilities for various sports across the Borough. In relation to football at Warren Farm the Strategy notes that it is a well-used site, which was to be maintained as the main multi-pitch site in the Borough. A2.16 Emerging Ealing Green Space Strategy (August 2011) consultation upon this document ended on the 14 th November Once adopted this Strategy is intended to replace the 2003 Strategy above. The emerging Strategy notes that buildings in parks are generally in poor condition and the cost of maintenance is extremely high. The Council has been dealing with this in a variety of ways including: demolishing buildings beyond practical use and renovation; and regularising leases and new letting wherever possible to private service suppliers or community uses with full repairing conditions. The buildings still under direct council control are in variable condition and quality of management. Work should continue to engage income streams from these assets. A2.17 Warren Farm is one of ten sites to be given the highest priority for improvement in the future (paragraph 4.15). Existing resources will be targeted at improving the changing rooms and ancillary facilities at multi sport multi pitch sites to comply with league standards, particularly Warren Farm Sports Ground and Perivale Park (page 68). Page 40 of 42

41 Appendix 3 Planning Requirements i. Planning Obligations A3.1 LBE has published a Background Paper on Planning Obligations. The Background Paper has been prepared in the context of the UDP and explains the Council s planning policy for seeking and implementing planning obligations. A3.2 The Community Infrastructure Levy (CIL) Regulations 2010 (SI 2010 No. 948) as amended, lays down tests that must be met when planning obligations are sought (the tests are a variation of the five tests contained in Circular 05/2005 on Planning Obligations ). According to Section 122 of the CIL Regulations, such obligations must be: necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development. A3.3 By 2012 it is likely that contributions towards the Mayoral (Cross-rail) CIL will be required as well as to LBE s CIL charging schedule. A3.4 Where a condition could be used to secure the same end as a legal agreement, in accordance with the policy tests of Circular 11/95 ( The Use of Conditions in Planning Permissions ), then the Local Authority should use conditions rather than a planning obligation. The type of situations where the Local Planning Authority may seek a planning obligation could include the following: Community use of the sports grounds and ancillary facilities. As part of the planning agreement there will be a management strategy setting out such matters as the times when available to the public, costs to hire etc. Off-site highway works (including works associated with traffic diverted as a result of the stopping up of a highway and improvements relating to walking and cycling). N.B. A Section 278 agreement will also be required; Any necessary service infrastructure improvements (e.g. in relation to sewage disposal, reinforcement of water supply, etc), until adoption of the CIL schedule. Replacement, or re-provision elsewhere, of any necessary existing community facilities, such as the nursery; Long-term management of landscaping; Travel Plan Page 41 of 42