Subject: Addendum report - Oaklands, Old Oak Common Lane

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Subject:
Addendum report - Oaklands, Old Oak Common Lane, London,
NW10 6DU – 15/0091/FULOPDC
Meeting date: 13 July 2016
Report to:
Planning Committee
Report of:
Director of Planning
For Decision
________________________________________________________________________
This report will be considered in public
________________________________________________________________________
1
Summary
1.1
This addendum report supplements a report that was due to be considered at the OPDC
Planning Committee meeting scheduled for 28 April 2016. That meeting did not take
place and the item has therefore been carried over to the next available meeting.
1.2
This report should be read in conjunction with the report dated 28 April 2016, which is
attached as Appendix A. This report:
 provides a summary and assessment of additional consultation responses that have
been received since the publication of the original report;
 responds to further advice taken with regard to habitats and ecology;
 recommends revisions to the Heads of Terms for the Section 106 legal agreement,
including a revised affordable housing package;
 recommends revisions to some of the planning conditions proposed;
 recommends the inclusion of some additional conditions to:
o require detailed plans showing the level of Genesis Road be submitted to OPDC
for approval;
o require further details be submitted demonstrating compliance with the
principles of ‘Secured by Design’ are submitted to OPDC for approval; and
o require a Bird Population Management Plan, to prevent conflict with the safe
operation of RAF Northolt, be submitted to OPDC for approval; and
 recommends inclusion of an additional informative as proposed by Network Rail.
1.3
The recommendation in this report has been updated to reflect changes to the Heads of
Terms and conditions and therefore supersedes the recommendation in the original
report. All other aspects of the scheme are as described in the report dated 28 April
2016.
2
Recommendation
The Committee is asked to:
2.1
Grant conditional permission subject to:
(a) Stage II referral to the Mayor of London;
(b) The satisfactory completion of a legal agreement under Section 106 of the
Town and Country Planning Act 1990 (as amended) to secure the
following:
1. Affordable housing
a. The provision of 242 affordable housing (equivalent to 40%) units
comprising:
i. 61 social rent units;
ii. 61 affordable rent units; and
iii. 120 intermediate units.
b. A review mechanism:
i. A full re-appraisal of scheme viability to be triggered if the
permission is not substantially implemented within a defined
period after the grant of planning permission;
ii. A further review(s) to be undertaken at an agreed trigger
point(s) linked to completion or occupation of a specified
number of units during the course of the construction
period. OPDC to receive a share of any profit surplus over and
above an agreed baseline, to be used to fund additional
affordable housing, optimised up to 50% of the total number
of units, with any remaining surplus to be used to fund
education and local transport improvements.
c. Nomination rights for:
i. A minimum of 70% of the affordable housing units to be
nominated by Hammersmith and Fulham Council.
2. Transport
a. Provision of ‘Genesis’ Road to be adopted by LBHF to LBHF
adoptable standards in accordance with an approved drawing
showing the road complete to the site boundary. The road must be
laid out and opened to the public and constructed so as to allow
the free movement of pedestrians, cyclists and vehicles through
the site to the adjoining land to the north;
b. Contribution of £50,000 towards local transport improvements;
c. Reasonable endeavours to deliver a pedestrian access route to the
south of the landscaped area between buildings B and C in
accordance with a plan to be agreed;
d. Control on applicants applying for parking permits in existing
Controlled Parking Zones;
e. Payment of car club membership for eligible occupiers of each
residential unit for 1 year;
f. Provision of a minimum of 5 on-site car parking spaces for car club
vehicles;
g. Provision of 20 parking spaces for Blue Badge holders;
h. Provision of 25 parking spaces for affordable family-sized housing
units;
i. Provision of a Travel Plan Framework (£1,000/year monitoring
costs);
j. Carrying out of any highway reinstatement works;
k. The applicant to enter into a Section 278 agreement to secure the
highways works including amendments to ensure compatibility
with LBHF Streetscape Guidance.
3. Education
a. The provision of an early years on-site nursery to an agreed
standard of fit-out comprising a minimum floor area of 725sq.m. In
the event that a suitable occupier cannot be found within a defined
period of time and, subject to evidence of appropriate marketing, a
financial contribution in lieu of on-site provision;
b. A financial contribution of £300,000 towards addressing the
demand arising from the development for primary and secondary
school places in the vicinity of the site.
4. Healthcare
a. The provision of an on-site healthcare facility retained for the life
of the development to an agreed standard of fit-out comprising a
minimum floor area of 250sq.m. In the event that a suitable
occupier cannot be found within a defined period of time and,
subject to evidence of appropriate marketing, a financial
contribution in lieu of on-site provision.
5. Community centre
a. Provision of an on-site community centre to an agreed standard of
fit-out comprising a minimum floor area of 155sq.m;
b. The applicant will secure an on-site community centre operator to
manage and programme the space in consultation with OPDC for
community use at full cost to the applicant.
6. Training and skills
a. A Jobs, Employment and Business Strategy;
b. Construction pre-employment training and apprenticeships
comprising:
i. A target of 15% of labour required for the construction phase
to be sourced from the local area;
ii. Reasonable endeavours to encourage local sub-contracting;
iii. A minimum number of apprenticeships during the construction
phase to be agreed with OPDC, paying the London Living
Wage.
7. Affordable workspace
a. Provision of an Affordable Workspace Strategy;
b. Provision of agreed quantum of workspace to be provided at a
discounted market rent to be agreed by OPDC.
8. Open space and play space
a. Provision of the on-site open space and play space as shown in the
Plays pace Strategy.
9. Decentralised Energy
a. Provision for connection to a Decentralised Energy system;
b. At a point to be agreed a revised energy strategy to take account
of OPDC’s emerging energy and utilities strategy.
10. Legal costs reasonably incurred by OPDC in connection with the
application.
11. All contributions to be index-linked (upwards-only).
(c) the planning conditions and informatives set out in parts 9 and 10 of this
report.
2.2
Delegate authority to Director of Planning to issue the planning permission;
agree, add, delete or vary the final detailed wording of the conditions and any
additional informatives as required; negotiate, agree the final wording
(including any minor amendments to the heads set out in paragraph 2.1(b)
above), and sign, execute and complete the Section 106 legal agreement.
2.3
If no decision notice granting planning permission has been made within 12
weeks of a resolution from Planning Committee then:
(a) The Director of Planning shall consider whether it would be possible and
appropriate to issue the planning permission with additional conditions
attached to secure the benefits listed above. If so, the Director of Planning
is authorised to determine and issue the decision notice granting planning
permission under delegated powers, however, if it is not possible to do so:
(b) The Director of Planning shall consider whether the planning application
should be refused on the grounds that the proposals are unacceptable in
the absence of the benefits which would have been secured by the
proposed conditions and Section 106 legal agreement. If so, the Director of
Planning is authorised to determine the planning application and agree
appropriate reasons for refusal under delegated powers.
3
3.1
Background information
Agenda item 6 of the OPDC Planning Committee meeting scheduled for 28 April 2016
related to: ‘Oaklands, Old Oak Common Lane, London, NW10 6DU –
15/0091/FULOPDC’. The item comprised an officer report on a planning application
for:
‘Demolition of existing structures and redevelopment of the Oaklands House site to
include 3 mixed-use blocks, ranging in height from 6-26 storeys. The combined scheme
comprises 605 (reduced from 611) residential units (Use Class C3) and 3,500 sqm of in
part double height commercial floorspace, providing a flexible range of uses (Use
Classes A1, A2, A3, A4, B1, D1 and D2). The scheme provides 120 underground car
parking spaces, 1,080 cycle spaces, amenity space, landscaping and associated public
realm. A new site access road is proposed linking the existing access road and Old Oak
Common Lane.’
3.2
The officer recommendation was for approval. As the meeting of the Planning
Committee did not take place, the item has been carried forward to the next available
meeting.
3.3
This addendum report summarises and assesses consultation responses that have been
received between the publication of the original report and the end of a re-consultation
period which ran between 31 March 2016 and 21 April 2016. The re-consultation was
undertaken following the receipt of additional information as described in paragraphs
6.25 and 6.26 of the original report.
3.4
This addendum report also summarises further representations received since the end of
the re-consultation exercise to ensure that all submitted comments have been
considered in full.
3.5
Further assessment has been carried out on various issues raised in these additional
representations where required. This report explains the results of the additional
assessment work.
3.6
Negotiations on the Heads of Terms for a Section 106 legal agreement and the planning
conditions have continued with the Applicant. These have resulted in a number of
changes that include a revised affordable housing package.
4
Consultation responses
4.1
This paragraph provides a summary of the additional comments received from
consultees since the original report was published.
4.2
LB Brent – 1 July 2016
Unless the significant issues set out below can be addressed Brent Council is of the view
planning permission should be refused.
Design
The Design and Access Statement does not clarify how the Oaklands development
relates to the masterplan for Old Oak including incorporating pedestrian and cycle path
linkages. It is not clear if the green corridor is a publicly accessible route.
The development is too dense and significantly exceeds the density standards set in the
OAPF. Block B is large in bulk and mass. A more slender development based on a
perimeter block principle would be more appropriate and would help to address
overshadowing as raised at Cabe design review.
Block B does not provide an active frontage or defensible space on to the green space.
The relationship between the internal amenity space within Block B and the green space
is unclear. Block A contains large service areas which are not an efficient use of space
and will not create a strong frontage onto Genesis Road.
It does not appear that the application has been accompanied by a wind survey.
The brickwork cladding materials date the building and do not add visual interest.
Housing mix
The development falls below the 50% requirement for affordable housing identified in
the SHMA for Old Oak. It is essential that the S106 secures a re-appraisal of scheme
viability. The planning statement does not justify why such a low level of family housing
is proposed.
Commercial floorspace
The retail floorspace must not be detrimental to the viability of existing centres
including Harlesden District Centre and Old Oak High Street. A cap of 500sqm should
be imposed on the amount of A1 floorspace.
Community centre and healthcare
It is essential the development provides sufficient social infrastructure to meet the
needs of the community. It is not clear whether the 3,500sqm of commercial space will
include a component of community space. It is questionable whether a centre of
155sqm would provide meaningful community space which can be used flexibly or is
indeed a viable proposition. In Brent developments are required to deliver 370sqm per
1,000 population which in this case would require 600sqm of community space.
4.3
Network Rail – 21 April

The applicant must make sure the development does not affect Network Rail land
or air-space, or cause to obstruct or interfere with current or future Network Rail
development during the construction or operation phases;

The development must ensure that any future maintenance can be conducted solely
on the applicant’s land. Any building should be situated 2 metres from Network
Rail’s boundary (3 metres for overhead lines and third rail);

No Storm/surface water or effluent should be discharged from the site or
operations on the site into Network Rail’s property or into Network Rail’s culverts or
drains except by agreement with Network Rail;

Provision must be made to accept drainage discharging from Network Rail’s
property;

Soakaways must not be located within 10-20 metres of Network Rail’s boundary or
any point that could affect the stability of Network Rail’s property;

Cranes or other mechanical plant must be operated in a ‘fail safe’ manner to avoid
falling within 3 metres of Network Rail land;

No scaffolding poles shall over-sail the railway;

Details of any vibro-compaction/displacement piling plant shall be submitted for
the approval of Network Rail;
4.4

A trespass-proof fence shall be installed on the development side of the boundary
fence;

Any lighting must not interfere with signalling;

Soft landscaping shall be located so as not to interfere with the operation of the
railway and details shall be submitted to Network Rail for approval;

Where a proposal calls for the parking of vehicles near a boundary with an
operational railway, a vehicle incursion barrier should be installed to prevent
vehicles driving or rolling onto the railway.
Historic England – 20 April
The proposed amendments have not addressed the previous concerns that were raised
regarding the appropriateness of the views in the visual impact assessment and whether
these were adequate in terms of enabling decision makers to understand the impacts
upon the historic environment.
4.5
Environment Agency – 22 April
No comments.
4.6
Metropolitan Police Designing Out Crime Officer – 22 April
The development should achieve Secured by Design Certification.
4.7
Counter Terrorism Security Advisor – 26 April
Comments provided by the CTSA are restricted from the public domain in accordance
with DCLG Circular 02/2006. The conditions and informatives recommended by the
Security Advisor have been added to this report.
4.8
Ministry of Defence – 25 April
The MOD maintains no safeguarding objections to this application subject to the
inclusion of conditions to address the long-term management of bird populations that
are considered to be a hazard to air traffic at RAF Northolt, and details of cranes and
other tall construction equipment within a construction management statement.
4.9
Adjoining owners/occupiers and other representations
No. of additional letters received: 6
6 letters from 5 respondents from the West London Line Group, the Hammersmith
Society and the St Quintin and Woodlands Neighbourhood Forum, a neighbouring
landowner and a local resident raising the following points:
Design

The scheme is too tall for the location on the perimeter of the OPDC area. The Draft
Local Plan envisages heights decreasing at the perimeter (policy OSP4).

The height will impact on the neighbouring conservation areas and Wormwood
Scrubs.

The design is not ‘exemplar’ as advocated in the OAPF and OPDC Draft Local Plan.
It offers no elegance or originality to make the development special to this place.

The density of 513 units per ha is above the London Plan top end of 405 units per
ha. The density is too high and there is no justification for exceeding the London
Plan density to such an extent on this site.
Amenity

The towers would overshadow Shaftesbury Gardens which could be mitigated if the
height of the towers was reduced and they were moved towards the centre of the
site.

The new primary route will be exceptionally busy and an inhospitable pedestrian
environment.

The residential units are one and two bedrooms, with no family accommodation.
The development will appeal to a transient population of younger, often single
people and will not create an ongoing, stable community. This does not accord with
London Plan and Opportunity Area Planning Framework principles of Lifetime
Neighbourhoods.
Transport

The development should not undermine the potential delivery of a railway viaduct
close to the south west corner of the site which has been put forward by the West
London Line Group.

This application must not give rise to the creation of a ‘ransom strip’ on the
northern boundary that may undermine the delivery of a vehicular route over the
canal and thereby improved connectivity to the north of the canal.

The application must take adequate account of the site levels to ensure that a
vehicular link can be provided over the canal.
Application process

The application and the amendments have been rushed through in order to meet a
deadline of the 28 April with unseemly haste and with inadequate public
consultation.

The application has been the subject of a series of late amendments and lacks detail
in other respects.

The OPDC planning register and the interface with the main OPDC website makes
finding the application details difficult.

Hammersmith and Fulham Councillors identified a number of drawbacks and
problems with the application.

The observations from LBHF planning committee of 6 April do not appear on the
OPDC planning register.

The list of amendments is quite significant and should have required a fresh
application.

Consultation responses and representations made on planning applications should
be made available for public examination.

The planning register does not provide a deadline for comments or when the
application is expected to be decided.

It is unsatisfactory that the OPDC has to give planning permission to schemes
before the wider surroundings and urban grain have been thought out in more
detail.
Copies of the consultation responses and representations received will be provided in
hard copy to Planning Committee Members and are available for public review on the
OPDC website at:
http://planningregister.opdc.london.gov.uk/swift/apas/run/wchvarylogin.display
5
5.1
Assessment
This paragraph summarises and explains changes to the Heads of Terms for a Section
106 legal agreement that have resulted from further discussions with the Applicant
since 28 April 2016. The consultation responses and representations set out in section 4
have raised a number of specific points which are also addressed in this report under the
following issues:







Amendments to the Heads of Terms for a Section 106 legal agreement including a
revised affordable housing package;
Transport;
Townscape and visual impact assessment;
Security;
The safe operation of RAF Northolt;
The application process; and
Further issues/amendments.
The issues raised with regard to design and amenity considerations have all been
addressed in the original report.
Amendments to Heads of Terms for a Section 106 legal agreement
Affordable Housing
5.2
The affordable housing offer set out in the original committee report was for a total of
202 affordable homes, equivalent to 33%, comprising 61 social rented homes, 61
affordable rented homes and 80 shared ownership homes. Independent viability
consultants were appointed to assist OPDC in assessing the viability of the scheme.
They concluded that the 33% offer was the maximum that the development could
support whilst remaining viable, but recommended that there should be a review
mechanism to capture any material uplift in value.
5.3
Since the original report was published, further work has been undertaken to investigate
options for increasing the amount of affordable housing. Discussions with the Greater
London Authority (GLA) have identified the availability of GLA Affordable Housing
Grant Funding to enable the delivery of additional affordable homes as part of this
development. The allocation of GLA Grant Funding has increased the affordable
housing level from 202 homes (33%) to a total of 242 homes (40%).
5.4
The following tables provide a summary of the housing mix and the tenure split as
originally proposed and as currently proposed.
5.5
Table 5.1 Proposed housing mix and tenure split as originally proposed
Unit
type
1B2P
2B3P
2B4P
3B5P
3B6P
Total
%
Private
66
22
312
3
0
403
67
Social
rent
15
0
21
23
2
61
10
Affordable
rent
6
18
37
0
0
61
10
Shared
ownership
42
26
12
0
0
80
13
Total
%
129
66
382
26
2
605
100
21
11
64
Total
%
129
66
382
26
2
605
100
21
11
64
5
Table 5.2 Proposed housing mix and tenure split as currently proposed
Unit
type
1B2P
2B3P
2B4P
3B5P
3B6P
Total
%
Private
66
22
272
3
0
363
60
Social
rent
15
0
21
23
2
61
10
Affordable
rent
6
18
37
0
0
61
10
Shared
ownership
42
26
52
0
0
120
20
5
5.6
The provision of the additional affordable housing means that the scheme will provide
the 40% affordable housing required on an overall borough-wide basis by Hammersmith
& Fulham’s draft Local Plan.
5.7
The mix of social rented, affordable rented and shared ownership units results in a
tenure split of 50:50 rented:intermediate. This departs from the strategic target of
60:40 rented:intermediate as set out in London Plan policy 3.11 and Hammersmith &
Fulham’s draft Local Plan. However, the proposed mix strikes an appropriate balance
between development viability, the availability of public subsidy, the desire to maximise
overall affordable housing delivery, and provides a mix of housing to meet a range of
housing needs. The revised offer provides for a reasonable balance between the
different sizes of units and tenures and importantly retains the majority of the larger,
family-sized units for social rent. The revised tenure and unit size mix is therefore
considered acceptable.
5.8
The rent levels for the social rented units and the affordable rented units would be
secured in the Section 106 legal agreement, but the Applicant has provided indicative
levels at this stage. The following tables show the rent levels without any service charge
and with an indicative £35 per week service charge. In reality, the service charge is likely
to be tailored to reflect the size of the units and the tenure.
5.9
5.10
5.11
Table 5.3 Indicative rent levels for social rented and affordable rented units without
service charge
Unit
type
Open
market rent
Social rent
1B2P
2B3P
2B4P
3B5P
3B6P
£251.00
£298.00
£339.00
£354.00
-
£120.38
£143.60
£154.92
£154.92
Social rent
% of
market rent
48%
42%
44%
-
Affordable
rent
£165.00
£195.00
£200.00
-
Affordable
rent % of
market rent
66%
65%
59%
-
Table 5.4 Indicative rent levels for social rented and affordable rented units with
indicative service charge
Unit
type
Open
market rent
Social rent
1B2P
2B3P
2B4P
3B5P
3B6P
£286.00
£333.00
£374.00
£389.00
-
£155.38
£178.60
£189.92
£189.92
Social rent
% of
market rent
54%
48%
49%
-
Affordable
rent
£200.00
£230.00
£235.00
-
Affordable
rent % of
market rent
70%
69%
63%
-
The rent levels show a range of 48% to 54% for the social rent charge against the open
market rent charge, based on an indicative service charge. The range is 63% to 70% for
the affordable rented homes. The Section 106 legal agreement will secure appropriate
rent levels for all of the affordable homes but the indicative charges represent a
genuine reduction against open market values and are considered to be broadly
acceptable.
Review mechanism
5.12
Notwithstanding the improved affordable housing offer, a review mechanism will be
secured to ensure this development can optimise the level of affordable housing that
could be secured up to a maximum amount of 50%, if the viability situation improves.
The Section 106 legal agreement will therefore include a robust review mechanism to
allow for the viability to be independently assessed at certain trigger points as
previously recommended.
5.13
OPDC officers have reassessed how any additional value captured through such a review
mechanism should be allocated. Paragraphs 7.238 and 11.10 of the original report (28
April 2016) referred to education contributions as the main priority. However the Heads
of Terms as set out in this addendum now identify additional affordable housing as the
priority, optimised up to 50% of the total number of units. Any additional value
captured over and above that would then be prioritised for education and local
transport improvements. This is in addition to the agreed contributions of £300,000 and
£50,000.
5.14
The proposed Heads of Terms have been updated accordingly.
Transport
5.15
The transport issues raised comprise:




The completion of the main road through the site (‘Genesis Road’) to the
northern edge of the site boundary;
The level of this road;
The impact on future transport infrastructure; and
The safe operation of the railway line.
Completion of Genesis Road
5.16
One of the additional representations received related to the importance of the
vehicular link (Genesis Road) that forms part of the development proposal. The adopted
OAPF identifies this route as a key piece of transport infrastructure that is critical to
unlocking development on land to the north of the canal. It is therefore important to
ensure that sufficient controls are put in place to ensure this route can be delivered.
5.17
The representation noted that the application does not appear to provide a continuous
route through the site to its northern boundary. The plans show the road terminating
before the edge of the application site, with a vehicle turning area and a 3 metre wide
landscaped strip along the northern edge of the site.
5.18
A mechanism for extending the road to the edge of the site boundary at a defined point
in time will be secured in the Section 106 legal agreement. This is described in 2a. of
the Heads of Terms. There will be a requirement to set aside and safeguard the land
required for the entire link road and for the road to be constructed to the edge of the
site and made available for use by the general public by an agreed trigger point, with
power for step-in rights in the event that the Applicant fails to either safeguard or
deliver the road.
Site levels
5.19
A further issue that was raised in the representation queried the level of the new road
relative to the site to the immediate north and the canal. It is important for the road to
be constructed at the correct level to ensure that a bridge can be delivered over the
canal and the route can continue on the land to the north. Based on information
provided with the application, officers are satisfied that the level difference between
the application site and the canal affords sufficient space to clear the canal, but it is
also important that levels are set such that they do not undermine development of the
site to the immediate north. In order to address this, an additional planning condition
requiring details of levels to be submitted to OPDC for approval is recommended.
Impact on future transport infrastructure
5.20
Comments were received from the West London Line Group (WLLG) regarding the
potential impact of the development on land that may be required to deliver the
transport proposals they have put forward.
5.21
The WLLG proposals involve the construction of significant new rail infrastructure,
including Overground platforms over the HS2 box and through the core development
site. The proposals were investigated and rejected by HS2 because they would be
extremely challenging to deliver, very disruptive (particularly to Crossrail and GWML
services) and very costly. TfL and Network Rail accepted the conclusions of HS2, which
was revisited as part of the 2014 Old Oak Overground stations assessment and public
consultation.
5.22
OPDC is aware of the proximity of the WLLG proposed rail lines to the Oaklands site.
The buildings proposed for the Oaklands redevelopment do not preclude future
changes to rail infrastructure in the vicinity of the site. However there are currently no
committed or funded rail infrastructure proposals that would be adversely affected by
the Oaklands development.
The safe operation of the railway line
5.23
Network Rail raised a number of issues in its consultation response which all relate to
ensuring the development does not affect the efficient operation of the railway line.
OPDC officers will ensure that Network Rail is consulted where its input is required on
any of the conditions which may have implications for the railway. An additional
informative is recommended as requested by Network Rail.
Townscape and visual impact assessment
5.24
Historic England reiterated comments made in its original consultation response.
Specifically, these related to the appropriateness of views 18 and 19, and whether
alternative locations could have been used to better illustrate the potential visual
impact of the development.
5.25
It is suggested that view 18 is not representative of the visual impact because the
proposal is largely obscured by tree cover and Cumberland House. The comments with
regard to viewpoint 19 question whether the view is sufficient in isolation to consider
the full visual impact
5.26
The issues raised by Historic England have been addressed in paragraphs 7.74 – 7.94 of
the original report. For the reasons set out therein, officers consider that the number
and location of views are sufficient to enable a proper understanding of the townscape
and visual impact.
Security
5.27
The Designing Out Crime Officer from the Metropolitan Police raised no objections in
principle, but recommended that the development should achieve Secured by Design
Certification. A condition is recommended to require the submission of a security
strategy to demonstrate compliance.
5.28
The Counter Terrorism Security Advisor recommended that the development is assessed
with regard to the need to incorporate appropriate security measures such as blast
resistant doors and/or glazing. A condition is recommended to ensure that a report is
prepared in consultation with a suitably qualified Structural Blast Engineer and the
findings and recommendations submitted in a report for approval by OPDC.
Safe operation of RAF Northolt
5.29
The MOD raised no objection in principle to the development but requested that two
conditions are imposed owing to the proximity to RAF Northolt. These comprise a
management plan to address the potential for the green roofs attracting breeding birds
and a construction management plan to include details of tall buildings and other
construction equipment.
5.30
A separate condition is recommended to address the first item and the existing
construction management plan condition has been updated to include reference to the
tall buildings requirement.
The application process
5.31
It has been suggested that the application has been dealt with too quickly and without
sufficient public consultation.
5.32
The statutory determination period for applications of this kind, including negotiation
and completion of any associated legal agreement, is 16 weeks. The length of time
between validation of the application and the original committee date was just over 13
weeks. During this period, two rounds of public consultation were undertaken.
5.32.1 The first round of consultation ran from 2 February to 25 February 2016, this included
an advertisement placed in a local newspaper, five site notices displayed around the site
and 582 letters sent to local properties as part of a 21-day consultation exercise.
5.32.2 Following the receipt of additional information to supplement the Environmental Impact
Assessment (EIA), a second 21-day consultation exercise was undertaken with an
additional newspaper advertisement, five site notices were put up in the same locations
as before (close to the site) and letters were sent to all those who commented on the
first round of public consultation.
5.33
Officers are therefore satisfied that there has been sufficient time and appropriate
publicity to allow members of the public to understand and comment on the
application.
5.34
Officers are also satisfied that sufficient information has been provided by the applicant
to enable a full and proper assessment of the application against all relevant material
considerations and to make a recommendation accordingly.
5.35
It is common for planning applications to be amended post-submission and in particular
following the first round of public consultation. There is no set threshold at which an
applicant would be required to resubmit a fresh application, save in circumstances
where there is a material extension of the site boundary or significant increase in the
quantum of the scale or nature of the development proposal. Depending on the nature
and extent of amendments, local planning authorities may undertake re-consultation, as
was the case with this application. Officers are satisfied that the application contains
sufficient information for a decision to be made, subject to the controls required in a
legal agreement and by planning conditions.
5.36
The planning application information was available to the public through OPDC’s online
planning register and in hard copy at the OPDC offices. Feedback on the user
experience of the planning register has been taken on board and officers have liaised
with the service provider to implement improvements to make it easier to navigate.
5.37
The comments from LB Hammersmith and Fulham were received by OPDC on 18 April
2016 and were uploaded to the OPDC planning register on 19 April 2016. They were
included as an appendix to the original Planning Committee report in Appendix C. All
representations received on the application have also been made available on OPDC’s
planning register.
Further issues/amendments
5.38
Further amendments to the proposals since the publication of the original report
include a revision to the application site boundary and the addition of a condition
relating to a ‘Place Making Strategy’. Additional issues that have arisen and require
clarification are the reintroduction of the Vacant Building Credit and advice offered to
OPDC officers regarding the potential impact of the development on protected habitat
and ecology.
Revision to the application site boundary
5.39
The red line boundary has been revised to include a small area of land on the southern
edge of the site which is currently occupied by a security cabin in association with the
Crossrail depot. The effect of the change is to create a consistent boundary across the
southern edge of the site rather than specifically excluding the temporary security
cabin. The change does not alter the nature or impact of the application and does not
therefore require further consultation. Certificate B on the application forms has been
updated accordingly to clarify that the appropriate notice has been served on the
landowner. The previous and revised location plans are included in Appendix B for
clarity.
Addition of a condition relating to a ‘Place Making Strategy’
5.40
This document would provide the Applicant with the opportunity to explain how the
approved commercial uses across the site will be managed on an ongoing basis, and
provide details of specific events or measures that will be used to ensure the ground
floor uses are able to contribute to a vibrant and welcoming neighbourhood. This would
also provide details of any ‘meanwhile’ uses that may be appropriate on a temporary
basis in the early stages of development.
Vacant Building Credit
5.41
National planning policy has been updated with the reintroduction of the ‘Vacant
Building Credit’ which must be considered. The Vacant Building Credit (VBC) removes
the requirement to provide affordable housing when vacant buildings are brought back
into use or demolished and replaced by a new building of equivalent floorspace.
Applicants are, however, still required to provide affordable housing for any additional
floorspace resulting from extensions or additional space created by a replacement
building.
5.42
The VBC was introduced in 2014 but was deleted from the National Planning Policy
Framework (NPPF) following a legal challenge. That decision has now been overturned
by the Court of Appeal. VBC was reinserted into the NPPF following that decision and is
therefore once again a material consideration.
5.43
Importantly, the VBC does not apply where an existing building has been abandoned.
Although there is no statutory definition of ‘abandoned’, case law provides the evidence
to assess whether a not a building should be considered to have been abandoned.
Based on the information available, and having regard to the ten year period during
which the building has been disused as stated in the Applicant’s planning statement,
together with the condition of the building, which would require significant repair and
refurbishment to bring it back into use, officers are satisfied that the VBC does not
apply to this proposal.
Impact on protected habitat
5.44
OPDC has also taken advice with regard to the assessment of the impact on the Old
Oak Common Birch Wood Site of Importance for Nature Conservation (SINC) to the
south of the Grand Union Canal and the ecology impacts of the development.
5.45
The environmental impacts of the proposals were assessed in an Environmental
Statement in accordance with the Town and Country Planning (Environmental Impact
Assessment) (England) Regulations 2011 (as amended 2015). As part of the
assessment, the Environmental Statement analysed the potential impact on designated
environmentally sensitive sites, including the Old Oak Common Birch Wood SINC.
5.46
The Environmental Statement concluded that the impact of the development on the
SINC would be ‘neutral’ according to the assessment criteria established in the
document and the analysis that was undertaken. Measures to mitigate the impact on
the SINC are set out in appendix 4.8.2 of supplementary information that was submitted
to support the original Environmental Statement.
5.47
This supplementary information formed part of the suite of documentation that was the
subject of the re-consultation exercise between 31 March 2016 and 21 April 2016. It
was also subject to review by the independent environmental consultants that were
appointed to assist OPDC in the assessment of the application. The mitigation measures
will be secured by condition as part of an Ecological Construction Management
Statement.
Impact on ecology
5.48
In addition to the impact on the Old Oak Common Birch Wood SINC, the Environmental
Statement includes an assessment of the likely ecology impacts, including on protected
species.
5.49
As a result of the available habitat on the application site including the derelict
buildings and the groundworks proposed, the work undertaken included specific
assessments of the impact on reptiles and bats.
5.50
The legislative background for this assessment originates from Article 12(1) of the
Habitats Directive which requires Member States to establish a system of strict
protection for European protected species.
5.51
Article 16(c) of the Habitats Directive allows Members States to override the restrictions
in Article 12(1) for imperative reasons of overriding public interest provided:


5.52
there is no satisfactory alternative; and
the decision is not detrimental to the maintenance of populations of the species
concerned at a favourable conservation status in their natural range.
The Habitats Directive is implemented in England by the Conservation of Habitats and
Species Regulations 2010. Regulation 9(3) provides that a competent authority, in
exercising any of their functions, must have regard to the requirements of the Directive
as far as those requirements may be affected by the exercise of those functions.
5.53
Regulation 41(1) provides that the activities prohibited by Article 12 shall be criminal
offences unless they are conducted pursuant to a licence. Regulation 53(1) provides
that the relevant licensing body may grant a licence for various specified purposes
including: ‘preserving public health or public safety or other imperative reasons of
overriding public interest including those of a social or economic nature and beneficial
consequences of primary importance for the environment’.
5.54
Natural England is effectively the licensing body with regard to imperative reasons of
overriding public interest. Regulation 53 provides that licences may be granted if
Natural England is satisfied that:



imperative reasons of overriding public interest exist;
there is no satisfactory alternative; and
the action authorised will not be detrimental to the maintenance of the population
of the species concerned at a favourable conservation status in their natural range.
5.55
In their consultation response, Natural England advised that the proposal is unlikely to
affect any statutorily protected sites or landscapes. The proposals were not assessed for
impacts on protected species but Natural England advised that their standing advice
should be applied.
5.56
The standing advice provides general guidance with regard to the timing of surveys for
particular species and the appropriateness of mitigation measures. Specific guidance for
protected species is also provided. This guidance addresses the importance of certain
habitats, the importance of site characteristics and details of survey methods.
5.57
The independent environmental consultants appointed to assist OPDC advised that the
bat surveys were sub-optimal in terms of timing and scope and therefore may not
constitute sufficient evidence to conclude that the site is unlikely to accommodate bats.
5.58
The Applicant’s consultants have responded that internal inspections were not possible
owing to health and safety concerns associated with the poor condition of the building.
Furthermore, both dawn and dusk surveys were undertaken in exceedance of current
guidelines given the low potential of the buildings for bat roosts.
5.59
It is acknowledged that the two sets of consultants do not agree on the conclusion of
the assessment work that has been undertaken.
5.60
With regard to statutory requirements, applicable case law, Natural England’s
consultation response and the position of both sets of professional consultants, the
survey work set out in the Environmental Statement is considered to be sufficiently
robust to demonstrate that there are unlikely to be bats on the site and the
development is therefore unlikely to contravene Article 12 of the Habitats Directive.
Furthermore, on the basis of the information available, OPDC officers are not aware of
any reason why the development would not be licensed by Natural England if such
licensing became necessary in the future, in light of the imperative reasons of overriding
public interest associated with the regeneration of Old Oak Common and the fact that
Natural England did not raise an objection.
5.61
Notwithstanding this conclusion, the comments made by the independent
environmental consultants advising OPDC have been noted and therefore a
precautionary approach was taken. The mitigation measures set out in the
Environmental Statement which will be captured in the Ecological Construction Method
Statement comprise:








5.62
6
6.1
7
7.1
8
the completion, where appropriate, of pre-commencement update surveys for
certain species (e.g. bats and reptiles);
measures to specifically protect retained boundary habitats;
measures to prevent adverse changes to water quality and flow of the Grand Union
Canal during the demolition and construction;
details of work compound locations and storage areas for fuel, chemicals, plant or
machinery and use of artificial lighting;
a method statement with respect to breeding birds;
measures regarding new planting areas and bat and bird roosting/nesting features;
a reptile mitigation strategy including identification of a suitable receptor site,
protective and precautionary methods, and a destructive search following
translocation; and
a timetable of all key tasks to be undertaken as part of pre-construction and
construction works taking into account all species and habitat sensitivities.
It was acknowledged by the independent environmental consultants that these
measures would mitigate the reasonably foreseeable impacts of the scheme and they
will be secured by condition. OPDC officers are satisfied that the residual risk of any
bats using the site has been fully taken into account and the mitigation measures are
considered to be appropriate and reasonable.
Financial Implications
The Section 106 legal agreement will secure contributions from the Applicant to cover
the costs incurred by OPDC in terms of assisting with the provision of legal advice in
assessing the planning application and drafting and negotiating the agreement itself
and the costs of monitoring the obligations in the document which may accrue to OPDC
and LBHF.
Legal implications
No legal implications arise from this report (and the original report) and it is consistent
with the Corporation’s legal framework.
Conclusion
8.1
This addendum report supplements an original report which was due to be considered
by Planning Committee on 28 April 2016. The report addresses revisions to the Heads
of Terms for a Section 106 legal agreement comprising an improved affordable housing
offer and revisions to a review mechanism which is necessary to capture value uplift in
the event that the viability of the development improves.
8.2
As a result of GLA Affordable Housing Grant Funding, the development will now
provide 40% (242) of the residential homes as affordable homes with a potential for
this to be increased to 50% through the review mechanism. Any additional value will be
secured as financial contributions to enhance education facilities that will serve the
future occupants of the development, and improve local transport.
8.3
Planning conditions have been added as a result of additional consultation responses
received since the publication of the original report. A number of the previously
recommended conditions have been updated as a result of ongoing discussions with the
Applicant and LBHF.
8.4
Subject to the completion of a Section 106 legal agreement to secure the benefits set
out in the report and the conditions below, the proposals are considered acceptable.
9
9.1
Conditions
COMPLIANCE – Approved plans
The development shall be carried out in accordance with the following drawings:
1997-00-0010-P03; 1997-00-DR-0099-P02; 1997-00-DR-0100-P03; 1997-00-DR0101-P02; 1997-00-DR-0102-P02; 1997-00-DR-0103-P02; 1997-00-DR-0104-P02;
1997-00-DR-0106-P02; 1997-00-DR-0107-P02; 1997-00-DR-0110-P02; 1997-00DR-0111-P02; 1997-00-DR-0112-P02; 1997-00-DR-0113-P02; 1997-00-DR-0118P03; 1997-00-DR-0119-P02; 1997-00-DR-0124-P02; 1997-00-DR-0199-P02; 199700-DR-0400-P02; 1997-00-DR-0402-P02; 1997-00-DR-0404-P02; 1997-00-DR0450-P02; 1997-00-DR-1099-P02; 1997-00-DR-1100-P02; 1997-00-DR-1101-P02;
1997-00-DR-1102-P02; 1997-00-DR-1103-P02; 1997-00-DR-1104-P02; 1997-00DR-1106-P02; 1997-00-DR-1107-P02; 1997-00-DR-1110-P02; 1997-00-DR-1111P02; 1997-00-DR-1112-P02; 1997-00-DR-1113-P02; 1997-00-DR-1118-P03; 199700-DR-1119-P01; 1997-00-DR-1124-P02; 1997-00-DR-1199-P02; 1997-00-SC1001-P03; 1997-00-SC-2000-P03; 1997-10-DR-0601-P03; 1997-10-DR-0602-P03;
1997-10-DR-0650-P02; 1997-20-DR-0601-P03; 1997-20-DR-0602-P03; 1997-20DR-0603-P03; 1997-20-DR-0650-P02; 1997-30-DR-0601-P02; 1997-30-DR-0650P02; 428_100 K, 428_101 B, 428_102 B, 428_110_A, 428_111_A, 428_150 F,
428_151 B, 428_152 B, 428_153 B, 428_500 B, 428_550 B, 428_551 B, Planning
Statement by NQP Development Services dated January 2016; Design and Access
Statement 1997-00-BR-1000-P01 by CZWG dated 15 January 2016; Play Strategy A
(revised); Transport Statement by Tim Spencer&Co dated January 2016; Environmental
Statement by Savills comprising Volume 1: Main Text, Volume 2: Appendices, Volume 3:
Drawings and Non-Technical Summary all dated January 2016; Statement of
Community Involvement by fortyshillings dated December 2015; Environmental
Statement Regulation 22: Further Information and Clarifications by Savills dated March
2016, Covering letter ref: GO/SB/ROL7407 dated 15.04.16; Rapid Health Impact
Assessment Revision B by Mott MacDonald dated 11 March 2016; Oaklands TA FI Note
1, Oaklands TA FI Note 2, Oaklands TA FI Note 3, Oaklands TA FI Note 4, Oaklands TA
FI Note 5.
Reason: For the avoidance of doubt and in the interests of proper planning.
9.2
COMPLIANCE – Time limit
The development hereby permitted shall be begun before the expiration of three years
from the date of this permission.
Reason: In accordance with Section 91 of the Town and Country Planning Act 1990
(amended by Section 51 of the Compulsory Purchase Act 2004).
9.3
PRIOR TO ABOVE GROUND WORKS – Detailed drawings
Notwithstanding the submitted details, prior to the commencement of work on the
corresponding part of the development, not including demolition, site clearance and
ground works, detailed drawings comprising elevations and sections of the following
parts of the development at 1:20 or 1:50 as appropriate shall be submitted to and
approved in writing by the local planning authority:
a. A bay study of the glazing system to buildings A and B showing how vertical
glazing bars contribute to the appearance of double floor heights;
b. A bay study of the brickwork;
c. Residential entrances (with canopies where relevant);
d. Principle features on all facades;
e. Balconies (including soffits and balustrades);
f. Shopfronts and windows/glazing to the commercial uses;
g. Typical window openings to the 3 buildings including surrounds;
h. The vehicular entrance to the basement including the provision of any lighting;
i. The parapets/roof edges and balustrading at the top of each building;
j. Any roof level structures including flues and lift overruns.
The development shall be carried out in accordance with the approved details.
Reason: To ensure that the appearance of the buildings are suitable and they contribute
to the character and appearance of the area in accordance with London Plan (2015)
policies 7.4 ‘Local Character’ and 7.6 ‘Architecture’, LBHF Regulation 18 Local Plan
(2015) policy DC2 ‘Design of new build’ and OPDC Regulation 18 Local Plan (2016)
policy D4 ‘New Buildings’.
9.4
PRIOR TO ABOVE GROUND WORKS – Material samples
Prior to the commencement of above ground construction works to each building,
samples of the facing materials, including glazing, and elevations annotated to show
where the materials are to be located shall be submitted to and approved in writing by
the local planning authority. The development shall only be carried out in accordance
with the approved details.
Reason: To ensure that the appearance of the buildings are suitable and they contribute
to the character and appearance of the area in accordance with London Plan (2015)
policy 7.4 ‘Local Character’, LBHF Regulation 18 Local Plan (2015) policy DC2 ‘Design
of new build’ and OPDC Regulation 18 Local Plan (2016) policy D4 ‘New Buildings’.
9.5
PRIOR TO ABOVE GROUND WORKS – Sample panels
Prior to the commencement of above ground construction works to each building,
sample panels shall be constructed on site to show the brick bonds, mortar, pointing
and expansion joints, made available for inspection by the local planning authority and
approved in writing. The development shall only be carried out in accordance with the
approved details.
Reason: To ensure that the appearance of the buildings are suitable and they contribute
to the character and appearance of the area in accordance with London Plan (2015)
policy 7.4 ‘Local Character’, LBHF Regulation 18 Local Plan (2015) policy DC2 ‘Design
of new build’ and OPDC Regulation 18 Local Plan (2016) policy D4 ‘New Buildings’.
9.6
PRE-OCCUPATION – Advertisement strategy
The commercial units (Use Classes A1, A2, A3, A4, B1, D1 and D2) shall not be
occupied otherwise than on the basis of a lease or other agreement which incorporates
within it an advertising strategy that shall have been submitted to and approved in
writing by the local planning authority. The strategy shall set out the principles which
the commercial occupants will be required to adhere to in terms of the location, size,
and method of illumination and materials to be used for the advertisement signage
across the development. No occupation of the commercial units shall be permitted until
the advertising strategy has been approved in writing by the local planning authority.
Reason: To ensure consistency in the approach to advertisement design in the interests
of the character and appearance of the area in accordance with London Plan policy 7.4
‘Local Character’, LBHF Regulation 18 Local Plan (2015) policy DC9 ‘Advertisements’
and OPDC Regulation 18 Local Plan (2016) policies D1 ‘Strategic policy for design’ and
D2 ‘Streets and public realm’.
9.7
PRE-OCCUPATION – Antennae/satellite dishes
Prior to the first occupation of any of the units within each building details to show
appropriate locations for communal antennae and satellite dishes that can be used by
occupiers of the development shall be submitted to and approved in writing by the local
planning authority. On a building by building basis, no occupation of the building in
question shall take place until the plans and details for that building have been
approved in writing by the local planning authority. The development shall be carried
out in accordance with the approved details.
Reason: In the interests of the character and appearance of the area in accordance with
London Plan (2015) policy 7.4 ‘Local Character’, LBHF Regulation 18 Local Plan (2015)
policy DC1 ‘Built environment’ and OPDC Regulation 18 Local Plan (2016) policies D1
‘Strategic policy for design’ and D2 ‘Streets and public realm’.
9.8
PRIOR TO ABOVE GROUND WORKS – Window cleaning equipment
Prior to the commencement of above ground works to each building details of any
external window cleaning equipment to be installed on the exterior of the buildings
shall be submitted to and approved in writing by the local planning authority. The
equipment shall only be installed in accordance with the approved details.
Reason: In the interests of the character and appearance of the area in accordance with
London Plan policy 7.6 ‘Architecture’, LBHF Regulation 18 Local Plan (2015) policies
DC1 ‘Built environment’ and DC2 ‘Design of new build’, and OPDC Regulation 18 Local
Plan (2016) policy D4 ‘New Buildings’.
9.9
PRIOR TO ABOVE GROUND WORKS – External mechanical plant equipment
Prior to the commencement of above ground works for each building details of any
external mechanical plant equipment to be installed on the exterior of that building
shall be submitted to and approved in writing on a building by building basis by the
local planning authority. The equipment shall only be installed in accordance with the
approved details.
Reason: In the interests of the character and appearance of the area in accordance with
London Plan policy 7.6 ‘Architecture’, LBHF Regulation 18 Local Plan (2015) policies
DC1 ‘Built environment’ and DC2 ‘Design of new build’, and OPDC Regulation 18 Local
Plan (2016) policy D4 ‘New Buildings’.
9.10
PRE-OCCUPATION – Outdoor seating
Prior to any of the commercial units (Use Classes A1,A2, A3, A4, B1, D1 and D2) being
first brought into use, details of any areas to be utilised for outdoor seating on the
public highway shall be submitted to and approved in writing by the local planning
authority. The details shall include the number, type and appearance of the furniture
and details of any other associated equipment. The commercial units shall not be
occupied until the details have been approved in writing by the local planning authority.
The development shall only be carried out in accordance with the approved details.
Reason: In the interests of the character and appearance of the area and to prevent
obstruction of the highway in accordance with London Plan (2015) policies 6.10
‘Walking’ and 7.4 ‘Local Character’, and OPDC Regulation 18 Local Plan (2016) policy
D2 ‘Streets and public realm’.
9.11
PRIOR TO ABOVE GROUND WORKS – Lighting strategy
Prior to the commencement of above ground development a lighting strategy to
address all external lighting across the development shall be submitted to and approved
in writing by the local planning authority. Above ground development shall not be
commenced until the lighting strategy has been approved in writing by the local
planning authority. The development shall only be carried out in accordance with the
approved details.
Reason: In the interests of security and the character and appearance of the area in
accordance with London Plan (2015) policies 7.4 ‘Local Character’ and 7.13 ‘Safety,
security and resilience to emergency’, LBHF Regulation 18 Local Plan (2015) policy DC2
‘Design of new build’ and OPDC Regulation 18 Local Plan (2016) policies D1 ‘Strategic
policy for design’ and D2 ‘Streets and public realm’.
9.12
COMPLIANCE – Accessibility
The development shall only be carried out in accordance with the inclusivity and
accessibility measures identified in paragraph 7.7 of the Design and Access Statement
1997-00-BR-1000-P01 dated 16th January 2016 with regard to the fit out in
accordance with Building Regulations Part M4 category 2.
Reason: To provide suitable access for disabled persons in accordance with London Plan
(2015) policy 3.8 ‘Housing Choice’, LBHF Regulation 18 Local Plan (2015) policy DC2
‘Design of new build’ and OPDC Regulation 18 Local Plan (2016) policy D8 ‘Inclusive
design’.
9.13
PRIOR TO ABOVE GROUND WORKS – Inclusive Access Management Plan
Prior to the commencement of above ground development an Inclusive Access
Management Plan to demonstrate how you will give people with disabilities access to all
parts of the development shall be submitted to and approved in writing by the local
planning authority. The Plan must include:
a. Full details of threshold levels; and
b. Relevant elevations, plans and cross-sections of the building at a scale of 1:50.
Prior to first occupation The Inclusive Access Management Plan shall be updated to
include:
c. Plans of all doors and handrails at a scale of 1:20.
The development shall be implemented in accordance with the approved details before
any part of the development is brought into use.
Reason: To provide suitable access for disabled persons in accordance with London Plan
(2015) policies 6.10 ‘Walking’ and 7.2 ‘An Inclusive Environment’, LBHF Regulation 18
Local Plan (2015) policy DC2 ‘Design of new build’ and OPDC Regulation 18 Local Plan
(2016) policy D8 ‘Inclusive design’.
9.14
COMPLIANCE – Level thresholds
Notwithstanding the submitted details you must provide level thresholds at all ground
floor entrances in the development. The level thresholds must be implemented before
any part of the development is brought into use.
Reason: To provide suitable access for disabled persons in accordance with London Plan
(2015) policies 6.10 ‘Walking’ and 7.2 ‘An Inclusive Environment’, LBHF Regulation 18
Local Plan (2015) policy DC2 ‘Design of new build’ and OPDC Regulation 18 Local Plan
(2016) policy D8 ‘Inclusive design’.
9.15
PRIOR TO ABOVE GROUND WORKS – Hard and soft landscaping
Prior to the commencement of above ground development a scheme of hard and soft
landscaping for the site, including details of materials, street furniture, species and a
planting schedule showing the number, size, species and location of trees and shrubs
shall be submitted to and approved in writing by the local planning authority. The
approved hard landscaping shall be carried out in full accordance with the approved
plans prior to the occupation of the development and it shall thereafter be permanently
retained. The approved soft landscaping shall be carried out in the first planting and
seeding seasons following the occupation of the building or completion of the
development, whichever is the sooner. Any plants which within a period of 5 years from
the completion of the development die, are removed or become seriously damaged or
diseased, shall be replaced in the next planting season with others of similar size and
species.
Reason: In the interests of the character and appearance of the area, to ensure
appropriate accessibility and to support biodiversity in accordance with London Plan
(2015) policies 7.19 ‘Biodiversity and Access to Nature’ and 7.4 ‘Local Character’, LBHF
Regulation 18 Local Plan (2015) policy OS5 ‘Greening the borough’ and OPDC
Regulation 18 Local Plan (2016) policy D3 ‘Public open space’.
9.16
PRIOR TO ABOVE GROUND WORKS – Blast resistance
Prior to the commencement of above ground works to each building details of the
specifications for the building structure, façade and glazing proposed for each building
including a consultation with a suitably qualified Structural Blast Engineer shall be
submitted to and approved in writing by the local planning authority. Above ground
development of that building shall not be commenced until the details have been
approved in writing by the local planning authority. The development shall only be
carried out in accordance with the approved details.
Reason: To ensure that the development is suitably designed to minimise the impact of
an external blast in accordance with London Plan (2015) policy 7.13 ‘Safety, security
and resilience to emergency’.
9.17
COMPLIANCE – Land use
Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order
1987 (as amended) and the Town and Country Planning (General Permitted
Development) (England) Order 2015 (as amended) and the commercial uses indicated
on drawings 1997-00-DR: 1100 P02, 1101 P02, 1102 P02 and 1103 P02:
 the following uses within the D1 (non-residential institutions) and D2 (assembly
and leisure) use class are not permitted:
o place of worship;
o dance hall;
o concert hall;
o music hall;
 no more than 1,500sq.m of the commercial floorspace shall be used for the
purposes of Class A1 (retail use) and no single unit shall exceed 700sq.m; and
 no more than a combined total of 600sq.m of the commercial floorspace shall
be used for the purposes of Class A3 (café/restaurant use) and Class A4
(drinking establishments).
Reason: To ensure the development provides an appropriate mix of land uses in the
interests of ensuring access to a range of services for residents in accordance with
London Plan (2015) policy 4.8 ‘Supporting a Successful and Diverse Retail Sector and
Related Facilities and Services’, LBHF Regulation 18 Local Plan (2015) policy TLC3
‘Managing uses in the non prime frontage areas of town centres’ and OPDC Regulation
18 Local Plan (2016) policies TC3 ‘Vibrancy’ and TC4 ‘Retail and eating and drinking
establishments’.
9.18
PRE-OCCUPATION – Place Making strategy
Prior to the first occupation of any of the non-residential space within the development
a Place Making Strategy to set out the proposed mix of non-residential uses across the
development, including the nature, size and location of each use and any temporary or
‘meanwhile’ uses together with the proposals for their ongoing management shall be
submitted to and approved in writing by the local planning authority. The development
shall only be carried out in accordance with the approved Place Making Strategy.
Reason: To ensure the development provides an appropriate mix of land uses in the
interests of ensuring access to a range of services for residents in accordance with
London Plan (2015) policy 4.8 ‘Supporting a Successful and Diverse Retail Sector and
Related Facilities and Services’, LBHF Regulation 18 Local Plan (2015) policy TLC3
‘Managing uses in the non prime frontage areas of town centres’ and OPDC Regulation
18 Local Plan (2016) policies TC3 ‘Vibrancy’.
9.19
COMPLIANCE – Family-sized homes
All of the residential units which comprise at least three bedrooms shall be provided in
accordance with the approved plans and shall thereafter be retained for the life of the
development as accommodation which (in addition to the living space) provides three
separate rooms capable of being occupied as bedrooms.
Reason: To protect family-sized accommodation in accordance with London Plan
(2015) policy 3.8 ‘Housing Choice’, LBHF Regulation 18 Local Plan (2015) policy HO5
‘Housing mix’ and OPDC Regulation 18 Local Plan (2016) policy H3 ‘Housing mix’.
9.20
PRE-OCCUPATION – Play equipment
Prior to any of the uses hereby approved being first brought into use, details of play
equipment proposed for the play space areas shall be submitted to and approved in
writing by the local planning authority and the equipment shall be installed in
accordance with the approved details. The development shall not be brought into use
until the details have been approved in writing and the equipment installed.
Reason: To ensure that appropriate equipment is positioned in the areas identified for
play space according to the intended age group in accordance with London Plan (2015)
policy 7.5 ‘Public Realm’ and OPDC Regulation 18 Local Plan (2016) policy D3 ‘Open
space’.
9.21
PRE-OCCUPATION – Privacy screens
Prior to the first occupation of each building details of privacy screens/treatment
between adjacent balconies shall be submitted to and approved in writing by the local
planning authority. The approved screens/treatment shall be installed before the
relevant residential unit within each building is brought into use.
Reason: In the interests of the amenity of local residents in accordance with London
Plan (2015) policy 3.5 ‘Quality and design of housing developments’.
9.22
COMPLIANCE – Noisy working hours
You must carry out any building work which can be heard at the boundary of the site
only between the following hours:



08.00 – 18.00 Monday to Friday;
08.00 – 13.00 on Saturdays
Not at all on Sundays, bank holidays and public holidays.
Reason: In the interests of the amenity of local residents in accordance with London
Plan (2015) policy 7.15 ‘Reducing and Managing Noise, Improving and Enhancing the
Acoustic Environment and Promoting Appropriate Soundscapes’ and OPDC Regulation
18 Local Plan (2016) policy TC7 ‘Evening night time economy uses’.
9.23
COMPLIANCE – Window design (noise and vibration)
The windows to be installed shall all comply with the guidance set out in chapter 11 of
the ‘Oaklands – Environmental Statement, Volume 1 Main Text’ dated January 2016
relating to the prevention of noise and vibration disturbance.
Reason: To protect the living conditions of future occupiers in accordance with London
Plan (2015) policy 7.15 ‘Reducing and Managing Noise, Improving and Enhancing the
Acoustic Environment and Promoting Appropriate Soundscapes’, LBHF Regulation 18
Local Plan (2015) policy CC10 ‘Noise’ and OPDC Regulation 18 Local Plan (2016) policy
EU11 ‘Noise’.
9.24
PRE-COMMENCEMENT – Design and layout (building C)
Notwithstanding the submitted details, prior to the commencement of development of
building C, plans and elevations of units C1.00.01, C1.00.02, C1.00.03, C1.01.01,
C1.01.02 and C1.01.03 shall be submitted to and approved in writing by the local
planning authority. The plans shall show appropriate layouts and façade designs to
minimise any potential for noise disturbance that may result from surrounding uses or
developments. The development shall not be commenced until the details have been
approved in writing by the local planning authority. The development shall only be
carried out in accordance with the approved details.
Reason: To ensure a design that is appropriate for the purposes of minimising noise and
vibration disturbance in accordance with London Plan (2015) policy 7.15 ‘Reducing and
Managing Noise, Improving and Enhancing the Acoustic Environment and Promoting
Appropriate Soundscapes’, LBHF Regulation 18 Local Plan (2015) policy CC10 ‘Noise’
and OPDC Regulation 18 Local Plan (2015) policy EU11 ‘Noise’.
9.25
PRIOR TO ABOVE GROUND WORKS – Noise assessment
Prior to the commencement of above ground development works, a noise assessment
shall be submitted to and approved in writing by the local planning authority. The
assessment shall identify current and future sources of noise and vibration disturbance
for the proposed residential units and shall provide details of attenuation measures to
be installed as mitigation, where necessary. The measures shall include appropriate
mitigation for units located on the south and east sides of the development which may
be subject to an increased risk of disturbance. The above ground development works
shall not be commenced until the noise assessment has been approved in writing by the
local planning authority. The attenuation measures shall be provided on a building by
building basis in full accordance with the proposed details before the residential units
within each building are first brought into use.
Reason: To minimise the risk of noise or vibration disturbance for future residents in
accordance with London Plan (2015) policy 7.15 ‘Reducing and Managing Noise,
Improving and Enhancing the Acoustic Environment and Promoting Appropriate
Soundscapes’, LBHF Regulation 18 Local Plan (2015) policy CC10 ‘Noise’ and OPDC
Regulation 18 Local Plan (2016) policy EU11 ‘Noise’.
9.26
COMPLIANCE – Mechanical plant
The design and installation of new items of fixed plant shall be such that when
operating the cumulative noise level LAeq Tr arising from the proposed plant, measured
or predicted at 1m from the facade of the nearest noise sensitive premises, shall be a
rating level of at least 10dB(A) below the background noise level LAF90 Tbg. The
measurement and/or prediction of the noise should be carried out in accordance with
the methodology contained within BS 4142:2014.
Reason: To minimise the risk of noise or vibration disturbance for neighbouring and
future residents in accordance with London Plan (2015) policy 7.15 ‘Reducing and
Managing Noise, Improving and Enhancing the Acoustic Environment and Promoting
Appropriate Soundscapes’, LBHF Regulation 18 Local Plan (2015) policy CC10 ‘Noise’
and OPDC Regulation 18 Local Plan (2016) policy EU11 ‘Noise’.
9.27
PRIOR TO ABOVE GROUND WORKS – Emergency plant equipment
Prior to the commencement of above ground development, a written code for the
management of noise emitted from any emergency plant and equipment proposed shall
be submitted to and approved in writing by the local planning authority.
The approved code and any noise mitigation measures shall be installed and operational
at all times in accordance with the approved details prior to first occupation of any
residential units.
The management code shall include measures to address the following matters:
i) the testing of equipment not to take place between the hours of 1800 and 0800
on any day, and not at any time on Sundays, Bank Holidays or after 1300 on a
Saturday;
ii) the duration of the testing to be commensurate with the test requirements and
not to exceed one hour;
iii) the acoustic design and control of the fixed plant and equipment to meet a
criterion of a rating level, measured or calculated at 1m from the façade of the
nearest noise sensitive premises, of not more than 5dB(A) above the existing
background noise level (LA90). The rating level to be determined as per the
guidance provided in BS4142:2014;
iv) a report to be commissioned by the applicant, using an appropriately
experienced & competent person, to assess the noise from the plant and
machinery.
Reason: To minimise the risk of noise or vibration disturbance for future residents in
accordance with London Plan (2015) policy 7.15 ‘Reducing and Managing Noise,
Improving and Enhancing the Acoustic Environment and Promoting Appropriate
Soundscapes’, LBHF Regulation 18 Local Plan (2015) policy CC10 ‘Noise’ and OPDC
Regulation 18 Local Plan (2016) policy EU11 ‘Noise’.
9.28
PRIOR TO ABOVE GROUND WORKS – Internal noise transmission
Prior to the commencement of above ground works a scheme for sound insulation and
noise control measures shall be submitted to and approved in writing by the local
planning authority. The approved scheme shall be implemented on a building by
building basis to the satisfaction of the local planning authority prior to the first
occupation of any of the residential units within that building and permanently retained
thereafter to achieve the following internal noise targets:



Bedrooms (23:00-07:00 hrs) 30 dB LAeq, and 45 dB Lmax (fast);
Living Rooms (07:00-23:00 hrs) 35 dB LAeq; and
Kitchens, bathrooms, WCs and utility rooms (07:00-23:00 hrs) 45 dB LAeq.
Reason: To minimise the risk of noise or vibration disturbance for future residents in
accordance with London Plan (2015) policy 7.15 ‘Reducing and Managing Noise,
Improving and Enhancing the Acoustic Environment and Promoting Appropriate
Soundscapes’, LBHF Regulation 18 Local Plan (2015) policy CC10 ‘Noise’ and OPDC
Regulation 18 Local Plan (2016) policy EU11 ‘Noise’.
9.29
COMPLIANCE – Opening hours
Unless otherwise agreed in the Place Making Strategy, customers shall not be permitted
within any restaurant or café (Class A3 use) or drinking establishment (Class A4 use)
premises before 06.00 or after 01.00 on Monday to Saturday (not including bank
holidays and public holidays) and before 07.00 or after midnight on Sundays, bank
holidays and public holidays.
Reason: To protect the amenity of local residents in accordance with London Plan
(2015) policy 7.15 ‘Reducing and Managing Noise, Improving and Enhancing the
Acoustic Environment and Promoting Appropriate Soundscapes’, LBHF Regulation 18
Local Plan (2015) policy CC10 ‘Noise’ and OPDC Regulation 18 Local Plan (2016) policy
EU11 ‘Noise’.
9.30
COMPLIANCE – Live or recorded music
Unless otherwise agreed in the Place Making Strategy, between 23:00 to 07:00 hrs,
music noise from within the proposed commercial units (Class A1, A2, A3, A4, B1, D1
and D2 uses) shall cause no increase in the LAeq5min or Leq5min in all third octave
frequency bands measured or predicted at 1.0m from the nearest noise sensitive or
residential façade.
Reason: To protect the amenity of local residents in accordance with London Plan
(2015) policy 7.15 ‘Reducing and Managing Noise, Improving and Enhancing the
Acoustic Environment and Promoting Appropriate Soundscapes’, LBHF Regulation 18
Local Plan (2015) policy CC10 ‘Noise’ and OPDC Regulation 18 Local Plan (2015)
policies TC7 ‘Evening night time economy uses’ and EU11 ‘Noise’.
9.31
PRE-OCCUPATION – Ventilation/extraction system
Prior to the first occupation of any part of the development any restaurant or café
(Class A3 use) or drinking establishment (Class A4 use), details of a
ventilation/extraction system shall be submitted to and approved in writing by the local
planning authority. Any occupation for such uses shall not take place until the details
have been approved in writing by the local planning authority. The approved system
shall be installed in full accordance with the approved details before any of the units are
brought into use and maintained thereafter.
Reason: To prevent nuisance from cooking smells for people using neighbouring
properties in accordance with London Plan (2015) policy 7.14 ‘Improving Air Quality’,
LBHF Regulation 18 Local Plan (2015) policy CC9 ‘Air Quality’ and OPDC Regulation 18
Local Plan (2016) policy EU10 ‘Air Quality’.
9.32
PRE-COMMENCEMENT – Microclimate
Prior to the commencement of development a wind tunnel test to address the impact
resulting from the strongest expected annual wind speeds and the effect of the
mitigation measures necessary to address any areas identified for mitigation according
to the Lawson Comfort Criteria shall be submitted to and approved in writing by the
local planning authority. The mitigation measures shall be installed in full accordance
with those modelled in the wind tunnel test before any of the residential or commercial
units are first brought into use.
Reason: To ensure that the microclimate around the buildings is appropriate in
accordance with London Plan (2015) policy 7.7 ‘Location and Design of Tall and Large
Buildings’, LBHF Regulation 18 Local Plan (2015) policy DC3 ‘Tall buildings’ and OPDC
Regulation 18 Local Plan (2016) policy D2 ‘Streets and public realm’.
9.33
PRE-COMMENCEMENT – Structural details (HS2)
1. None of the development except for demolition and site clearance hereby permitted
shall be commenced until detailed design and method statements for all of the ground
floor structures, foundations and basements and for any structures below ground level,
including piling (temporary and permanent) have been submitted to and approved in
writing by the local planning authority which:
(a) Accommodate the proposed location of the HS2 structures and tunnels
anywhere within the limits of deviation.
(b) Accommodate ground movement arising from the construction thereof, and
(c) Mitigate the effects of noise and vibration arising from the operation of the HS2
railway within the tunnels.
2. The method statements to be submitted under this condition shall include
arrangements to secure that, during any period when concurrent construction is taking
place of both the development hereby permitted and of the HS2 structures and tunnels
in or adjacent to the site of that development, the construction of the HS2 structures
and tunnels is not impeded. The development shall be carried out in all respects in
accordance with the approved design and method statement, and all structures and
works comprised within the development hereby permitted which are required by the
approved design statements in order to procure the matters mentioned in paragraphs
1(a) to 1(c) of this condition shall be completed, in their entirety, before any part of the
buildings hereby permitted are occupied.
Reason: To ensure the proposed development does not impede the delivery of High
Speed Two, a project of national importance in accordance with London Plan (2015)
policy 6.1 ‘Strategic Approach’.
9.34
COMPLIANCE – Tunnel boring machine (HS2)
No works below ground level comprised within the development hereby permitted shall
be carried out at any time when a tunnel boring machine used for the purposes of
boring tunnels for the HS2 Ltd railway is within 100 metres of the land on which the
development hereby permitted is situated unless otherwise agreed in writing by the
local planning authority in conjunction with HS2 Ltd.
Reason: To ensure the proposed development does not impede the delivery of High
Speed Two, a project of national importance in accordance with London Plan (2015)
policy 6.1 ‘Strategic Approach’.
9.35
PRE-COMMENCEMENT – Piling (Thames Water)
No piling shall take place until a piling method statement (detailing the depth and type
of piling to be undertaken and the methodology by which such piling will be carried
out, including measures to prevent and minimise the potential for damage to subsurface
sewerage infrastructure, and the programme for the works) has been submitted to and
approved in writing by the local planning authority. Any piling must be undertaken in
accordance with the terms of the approved piling method statement.
Reason: To ensure piling does not impact on underground sewerage utility
infrastructure in accordance with London Plan (2015) policy 5.14 ‘Water Quality and
Wastewater Infrastructure’, LBHF Regulation 18 Local Plan (2015) policy CC3 ‘Reducing
Water Use and the Risk of Flooding’ and OPDC Regulation 18 Local Plan (2016) policy
EU3 ‘Water’.
9.36
PRE-COMMENCEMENT – Highway design
None of the development except for demolition and site clearance hereby permitted
shall be commenced until a revised plan showing the final design of the main road
through the site shall be submitted to and approved in writing by the local planning
authority. The plan shall include suitable provision for HGV vehicles to pass at the site
access in a swept-path analysis, car club parking spaces, ‘Blue Badge’ and wheelchair
accessible parking spaces, areas for loading/unloading, the location of on-street cycle
parking, the location of street lighting and landscaped areas. The above ground
development shall not be commenced until the revised plan has been approved in
writing by the local planning authority. The works shall be carried out in accordance
with the approved details before any part of the development is brought into use.
Reason: To ensure appropriate provision of car and cycle parking, and servicing areas in
accordance with London Plan (2015) policies 6.10 ‘Walking’, 6.11 ‘Smoothing Traffic
Flow and Tackling Congestion’ and 7.2 ‘An Inclusive Environment’, LBHF Regulation 18
Local Plan (2015) policy DC2 ‘Design of new build’ and OPDC Regulation 18 Local Plan
(2016) policies T6 ‘Roads and streets’ and T7 ‘Parking’.
9.37
PRE-OCCUPATION – Delivery and Servicing Plan
Prior to the first occupation of the development, a Delivery and Servicing Plan to
demonstrate how deliveries to the site will be accommodated and managed shall be
submitted to and approved in writing by the local planning authority. The Plan shall
including suitable capacity for the anticipated size of delivery/servicing vehicles,
appropriate storage areas and the intended routing of vehicles. The development shall
not be occupied until the Plan has been approved in writing. The Plan shall be adhered
to thereafter for the lifetime of the development.
Reason: To avoid blocking the highway network and to protect the amenity of people in
neighbouring properties in accordance with London Plan (2015) policies 6.11
‘Smoothing Traffic Flow and Tackling Congestion’ and 6.12 ‘Road Network Capacity’,
LBHF Regulation 18 Local Plan (2015) policy T2 ‘Transport assessments and travel
plans’ and OPDC Regulation 18 Local Plan (2016) policies T6 ‘Roads and streets’ and
T8 ‘Freight, servicing and deliveries’.
9.38
PRE-OCCUPATION – Electric Vehicle Charging Points
Electric vehicle charging points shall be provided for 20% of the car parking spaces
shown on drawing 1997-00-DR-1099 P02 and passive provision shall be made available
for the remaining 80% of the spaces so that the spaces are capable of being readily
converted to electric vehicle charging points. The location of the EVCP spaces and
charging points shall be submitted to and approved in writing by the local planning
authority before any of the residential units are first brought into use. The EVCP shall
thereafter by constructed and marked out and the charging points installed prior to any
of the residential units being brought into use and thereafter retained permanently to
serve the vehicles of occupiers.
Reason: To encourage the use of electric vehicles in the interests of sustainability in
accordance with London Plan (2015) policy 6.13 ‘Parking’ and OPDC Regulation 18
Local Plan (2016) policy T7 ‘Parking’.
9.39
PRE-OCCUPATION – Car and cycle parking management strategy
Prior to any of the uses being first brought into use a car and cycle parking
management strategy shall be submitted to and approved in writing by the local
planning authority. The development shall not be brought into use until the strategy
has been approved in writing by the local planning authority. The development shall be
carried out and occupied in accordance with the approved details.
Reason: To ensure that residents, visitors and users of the commercial units have
suitable access to car and/or cycle parking in accordance with London Plan (2015)
policies 6.9 ‘Cycling’ and 6.13 ‘Parking’, LBHF Regulation 18 Local Plan (2015) policy
T4 ‘Increasing opportunities for cycling and walking’ and OPDC Regulation 18 Local
Plan (2016) policies T3 ‘Cycling’ and T7 ‘Parking’.
9.40
PRIOR TO ABOVE GROUND WORKS – Waste and recycling management plan
Notwithstanding the submitted details and prior to the commencement of above
ground works a waste and recycling management plan to show sufficient capacity for
the waste and recycling generated during the operational phase of the development,
and details of how servicing vehicles will safely access the site shall be submitted to and
approved in writing by the local planning authority. The plan shall thereafter be adhered
to at all times for the lifetime of the development.
Reason: To ensure that adequate arrangements have been made for the storage and
collection of waste and recycling in accordance with London Plan (2015) policies 5.17
‘Waste Capacity’ and 6.12 ‘Road Network Capacity’, LBHF Regulation 18 Local Plan
(2015) policy CC6 ‘On-site Waste Management’ and OPDC Regulation 18 Local Plan
(2016) policy EU5 ‘Circular economy and resource efficiency’.
9.41
PRE-OCCUPATION – Cycle storage
Notwithstanding the submitted details and prior to any of the residential or commercial
units within each building being brought into use details of secure cycle storage
including the provision of additional spaces at street level shall be submitted to and
approved in writing by the local planning authority. The cycle storage shall be provided
in accordance with the approved details and made available at all times to everyone
using the development. You must not use the cycle storage for any other purpose. The
building in question shall not be occupied until the cycle storage has been provided in
accordance with the approved details.
Reason: To encourage cycling as a means of sustainable transport in accordance with
London Plan (2015) policy 6.9 ‘Cycling’ LBHF Regulation 18 Local Plan (2015) policy
T4 ‘Increasing opportunities for cycling and walking’ and OPDC Regulation 18 Local
Plan (2016) policy T3 ‘Cycling’.
9.42
PRE-COMMENCEMENT – Construction and Environmental Management Plan
(CEMP)
No development shall take place, including any works of demolition, until a
Construction and Environmental Management Plan (CEMP) for the proposed
development to address how the impacts of demolition and construction on the local
highway network and the local environment has been submitted to and approved in
writing by the local planning authority. The CEMP must include the following details
(where appropriate):
 a construction programme including a 24 hour emergency contact number;
 parking of vehicles of site operatives and visitors (including measures taken to
ensure satisfactory access and movement for existing occupiers of neighbouring
properties during construction);
 measures to ensure that the development will not affect access into the Crossrail
depot either during construction or operation;
 locations for loading/unloading and storage of plant and materials used in
constructing the development;
 erection and maintenance of security hoardings (including decorative displays
and facilities for public viewing and hoardings of a high visibility type at the
junction of the proposed main road and the existing Crossrail access);
 wheel washing facilities and measures to control the emission of dust and dirt
during construction;

adherence to a risk assessment relating to air quality during demolition and
construction which includes measures to control the emission of dust and dirt;
 a scheme for recycling/disposing of waste resulting from demolition and
construction works in accordance with the waste hierarchy and circular economy
principles; and
 details of all cranes and other tall construction equipment (including obstacle
lighting) to be used to demonstrate compliance with air traffic operations at
RAF Northolt.
The development (including any works of demolition) shall only be carried out in
accordance with the approved CEMP.
Reason: To avoid blocking the surrounding streets, to protect the environment of
people in neighbouring properties and to prevent obstruction of air traffic movements
or otherwise impede the effective operation of air traffic navigation transmitter and
receiver systems in accordance with London Plan (2015) policies 6.12 ‘Road Network
Capacity’, 7.14 ‘Improving Air Quality’, 7.15 ‘Reducing and Managing Noise, Improving
and Enhancing the Acoustic Environment and Promoting Appropriate Soundscapes’, 7.4
‘Local character’ and 7.7 ‘Location and design of tall and large buildings’, LBHF Core
Strategy (2011) policy CC4 ‘Protecting and enhancing environmental quality’, LBHF
Development Management Local Plan (2013) policy DM H8 ‘Air quality’and OPDC
Regulation 18 Local Plan (2016) policies T8 ‘Freight, servicing and deliveries’ and T9
‘Construction’.
9.43
PRE-COMMENCEMENT – Construction Logistics Plan (CLP)
No development shall take place, including any works of demolition, until a
Construction Logistics Plan (CLP) for the proposed development has been submitted to
and approved in writing by the local planning authority. The CLP shall include
information on:
i)
ii)
iii)
iv)
booking systems;
consolidated or re-timed trips;
secure off-street loading and drop off facilities; and
compliance with the Construction Logistics Strategy for the wider OPDC
area, if available.
The development (including any works of demolition) shall only be carried out in
accordance with the approved details.
Reason: To protect the amenity of local residents and to limit any impact on the local
highway network in accordance with London Plan (2015) policy 6.12 ‘Road Network
Capacity’, LBHF Regulation 18 Local Plan (2015) policy T2 ‘Transport assessments and
travel plans’ and OPDC Regulation 18 Local Plan (2016) T9 ‘Construction’.
9.44
COMPLIANCE – Doors or gates over the highway
You must hang all doors or gates so that they do not open over or across the road or
pavement.
Reason: In the interests of public safety and to avoid obstructing the highway in
accordance with London Plan (2015) policy 6.10 ‘Walking’ and OPDC Regulation 18
Local Plan (2016) policy T6 ‘Roads and streets’.
9.45
PRE-OCCUPATION – Cross platform digital model
Prior to the development being brought into use, a cross platform digital model of the
proposal that is geolocated and compatible with SketchUp and BIM formats shall be
submitted to and approved in writing by the local planning authority.
Reason: To ensure that the development maximises opportunities for SMART
technology in accordance with OPDC Regulation 18 Local Plan (2016) policy EU2
‘Smart technology’.
9.46
PRIOR TO ABOVE GROUND WORKS – Energy strategy
Notwithstanding the submitted details and prior to the commencement of above
ground development works a revised energy strategy shall be submitted to and
approved in writing by the local planning authority. The strategy shall explore all
reasonable options for improving the energy efficiency of the building and reducing
carbon dioxide emissions in accordance with the energy hierarchy set out in London
Plan policy 5.2 ‘Minimising carbon dioxide emissions’. The development shall only be
carried out in accordance with the approved strategy.
Reason: To ensure the development maximises energy efficiency measures in
accordance with London Plan (2015) policies 5.2 ‘Minimising Carbon Dioxide Emissions’
and 5.7 ‘Renewable energy’ and OPDC Regulation 18 Local Plan (2016) policy EU6
‘Decentralised energy’.
9.47
PRE-COMMENCEMENT – Air quality (air quality impacts assessment)
Prior to the commencement of the development an Air Quality Assessment of the
impacts from the development, including cumulative effects, must be submitted to and
approved in writing by the local planning authority. The Air Quality Assessment must
include a combined dispersion modelling exercise that includes emissions from plant,
transport and local concentrations of NOx and PM10 in order to inform a low emissions
strategy. The air quality assessment must show the impacts on concentrations of these
pollutants at the different heights where receptors are located (including windows that
can be opened, balconies, terraces and roof gardens).
Reason: The site is within an Air Quality Management Area where development is
required to be designed to mitigate the impact of poor air quality to within acceptable
limits in accordance with London Plan (2015) policy 7.14 ‘Improving Air Quality’, LBHF
Core Strategy (2011) policy CC1 ‘Reduce Carbon Emissions and Resource Use and
Adapt to Climate Change Impacts’ and LBHF Development Management Local Plan
(2013) policies DM H1 ‘Reducing carbon dioxide emissions’ and DM H8 ‘Air quality’.
9.48
PRIOR TO ABOVE GROUND WORKS – Air quality (ingress of polluted air)
Prior to commencement of the above ground development works details of the
proposed mechanical ventilation system with treatment (NOx and/or PM filtration) shall
be submitted to and approved in writing by the local planning authority including where
air intakes would be located to avoid areas of NO2 or PM exceedance. Chimney/boiler
flues and ventilation extracts must be positioned a suitable distance away from
ventilation intakes, balconies, roof gardens, terraces and receptors. Approved details
shall be fully implemented prior to the occupation/use of the residential flats and
thereafter permanently retained and maintained in good working order. The
maintenance and cleaning of the systems shall be undertaken regularly in accordance
with manufacturer specifications and shall be the responsibility of the primary owner of
the building.
Reason: The site is within an Air Quality Management Area where development is
required to be designed to mitigate the impact of poor air quality to within acceptable
limits in accordance with London Plan (2015) policy 7.14 ‘Improving air quality’ and
LBHF Core Strategy (2011) policy CC4 ‘Protecting and enhancing environmental
quality’.
9.49
PRIOR TO ABOVE GROUND WORKS – Air quality (odour abatement)
Prior to the commencement of above ground development works on the relevant part
of each building, details of the installation, operation, and maintenance of the best
practicable odour abatement equipment and extract system shall be submitted to and
approved in writing by the local planning authority, including the height of the extract
duct and vertical discharge outlet, in accordance with the ‘Guidance on the Control of
Odour and Noise from Commercial Kitchen Exhaust Systems' January 2005 by DEFRA.
Approved details shall be implemented prior to occupation of the relevant Plot/Block or
Phase or part thereof and thereafter be permanently retained, unless subsequently
otherwise approved in writing by the local planning authority.
Reason: To ensure that nearby premises are not unduly affected by odour and
disturbance in accordance with London Plan (2015) policy 7.14 ‘Improving air quality’,
LBHF Core Strategy (2011) policy CC4 ‘Protecting and enhancing environmental
quality’ and LBHF Development Management Local Plan (2013) policy DM H8 ‘Air
quality’.
9.50
PRE-COMMENCEMENT – Air quality (low emission strategy)
Prior to the commencement of development a Low Emission Strategy shall be submitted
to and approved in writing by the local planning authority. The Low Emissions Strategy
must address the results of the agreed Air Quality Assessment and detail the remedial
action and mitigation measures that will be implemented to protect receptors (such as
abatement technology and design solutions). The works shall only be carried out in
accordance with the approved Low Emissions Strategy.
Reason: The site is within an Air Quality Management Area where development is
required to be designed to mitigate the impact of poor air quality to within acceptable
limits in accordance with London Plan (2015) policy 7.14 ‘Improving air quality’, LBHF
Core Strategy (2011) policy CC1 ‘Reduce Carbon Emissions and Resource Use and
Adapt to Climate Change Impacts’ and LBHF Development Management Local Plan
(2013) policies DM H1 ‘Reducing carbon dioxide emissions’ and DM H8 ‘Air quality’.
9.51
PRE-OCCUPATION – Air quality (compliance with emissions standards - CHP)
Prior to bringing into use evidence must be submitted and approved in writing by the
local planning authority to show that the CHP units, abatement technologies and
boilers installed comply with the Air Quality Assessment submitted as part of the
planning application and the emissions standards set out within the agreed Low
Emission Strategy (CHP and boiler NOx emissions). The submitted evidence must
include the results of NOx emissions testing of the CHP unit by an accredited
laboratory.
Reason: To ensure the development's air pollution impacts are mitigated in accordance
with the requirements of London Plan (2015) policy 7.14a-c ‘Improving air quality’ and
LBHF Development Management Local Plan (2013) policy DM H8 ‘Air quality’.
9.52
PRE-OCCUPATION – Air quality (compliance with emissions standards boilers)
Prior to installation details of the boilers to be provided for space heating and domestic
hot water should be submitted and agreed in writing by the local planning authority.
The boilers to be provided for space heating and domestic hot water shall have dry NOx
emissions not exceeding 40 mg/kWh (0%). Where any installations do not meet this
emissions standard it shall not be operated without the fitting of suitable NOx
abatement equipment or technology as determined by a specialist to ensure comparable
emissions. Within 6 months of installation, emissions certificates will need to be
provided to the local planning authority to verify boiler emissions.
Reason: To ensure the development's air pollution impacts are mitigated in accordance
with London Plan (2015) policy 7.14a-c ‘Improving air quality’ and LBHF Development
Management Local Plan (2013) policy DM H8 ‘Air quality’.
9.53
PRE-COMMENCEMENT – Drainage strategy (Thames Water)
Prior to the commencement of development, excluding demolition and site clearance, a
drainage strategy detailing any on- and/or off-site drainage works shall be submitted to
and approved by the local planning authority in consultation with the sewerage
undertaker. Ground works shall not commence until the strategy has been approved in
writing by the local planning authority. No discharge of foul or surface water from the
site shall be permitted or accepted into the public system until the drainage works
referred to in the strategy have been completed in accordance with the approved
details.
Reason: To ensure that sufficient capacity is made available to cope with the new
development and to avoid adverse environmental impacts upon the community in
accordance with London Plan (2015) policies 5.12 ‘Flood Risk Management’ and 5.13
‘Sustainable Drainage’, LBHF Regulation 18 Local Plan (2015) policy CC3 ‘Reducing
Water Use and the Risk of Flooding’ and OPDC Regulation 18 Local Plan (2016) policy
EU3 ‘Water’.
9.54
PRE-COMMENCEMENT – Water supply (Thames Water)
Prior to the commencement of development, excluding demolition and site clearance,
impact studies of the existing water supply infrastructure shall be submitted to and
approved in writing by the local planning authority in consultation with the water
undertaker. The studies shall determine the magnitude of any new additional capacity
required in the system and a suitable connection point. The development shall not be
commenced until the studies have been approved in writing by the local planning
authority. The development shall not be brought into use until any necessary
mitigation measures identified by the impact studies have been approved in writing by
the local planning authority and carried out in full in accordance with the approved
details.
Reason: To ensure that the water supply infrastructure has sufficient capacity to cope
with the additional demand in accordance with London Plan (2015) policies 5.14 ‘Water
Quality and Wastewater Infrastructure’ and 5.15 ‘Water Use and Supplies’, LBHF
Regulation 18 Local Plan (2015) policy CC3 ‘Reducing Water Use and the Risk of
Flooding’ and OPDC Regulation 18 Local Plan (2016) policy EU3 ‘Water’.
9.55
PRE-COMMENCEMENT – Contaminated Land (preliminary risk assessment)
No development shall commence until a preliminary risk assessment report is submitted
to and approved in writing by the local planning authority. This report shall comprise: a
desktop study which identifies all current and previous uses at the site and surrounding
area as well as the potential contaminants associated with those uses; a site
reconnaissance; and a conceptual model indicating potential pollutant linkages between
sources, pathways and receptors, including those in the surrounding area and those
planned at the site; and a qualitative risk assessment of any potentially unacceptable
risks arising from the identified pollutant linkages to human health, controlled waters
and the wider environment including ecological receptors and building materials. All
works must be carried out in compliance with and by a competent person who conforms
to CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004)
or the current UK requirements for sampling and testing.
Reason: Potentially contaminative land uses (past or present) are understood to occur
at, or near to, this site. The condition is required to ensure that no unacceptable risks
are caused to humans, controlled waters or the wider environment during and following
the development works in accordance with London Plan (2015) policy 5.21
‘Contaminated Land’, LBHF Regulation 18 Local Plan (2015) policy CC8 ‘Contaminated
Land’ and OPDC Regulation 18 Local Plan (2016) policy EU12 ‘Land contamination’.
9.56
PRE-COMMENCEMENT – Contaminated Land (site investigation scheme)
No development shall commence until a site investigation scheme is submitted to and
approved in writing by the local planning authority. This scheme shall be based upon
and target the risks identified in the approved preliminary risk assessment and shall
provide provisions for, where relevant, the sampling of soil, soil vapour, ground gas,
surface and groundwater. All works must be carried out in compliance with and by a
competent person who conforms to CLR 11: Model Procedures for the Management of
Land Contamination (Defra 2004) or the current UK requirements for sampling and
testing.
Reason: Potentially contaminative land uses (past or present) are understood to occur
at, or near to, this site. The condition is required to ensure that no unacceptable risks
are caused to humans, controlled waters or the wider environment during and following
the development works in accordance with London Plan (2015) policy 5.21
‘Contaminated Land’, LBHF Regulation 18 Local Plan (2015) policy CC8 ‘Contaminated
Land’ and OPDC Regulation 18 Local Plan (2016) policy EU12 ‘Land contamination’.
9.57
PRE-COMMENCEMENT – Contaminated Land (quantitative risk assessment)
Unless the local planning authority agree in writing that a set extent of development
must commence to enable compliance with this condition, no development shall
commence until, following a site investigation undertaken in compliance with the
approved site investigation scheme, a quantitative risk assessment report is submitted
to and approved in writing by the local planning authority. This report shall: assess the
degree and nature of any contamination identified on the site through the site
investigation; include a revised conceptual site model from the preliminary risk
assessment based on the information gathered through the site investigation to confirm
the existence of any remaining pollutant linkages and determine the risks posed by any
contamination to human health, controlled waters and the wider environment. All works
must be carried out in compliance with and by a competent person who conforms to
CLR 11: Model Procedures for the Management of Land Contamination (Defra 2004) or
the current UK requirements for sampling and testing.
Reason: Potentially contaminative land uses (past or present) are understood to occur
at, or near to, this site. The condition is required to ensure that no unacceptable risks
are caused to humans, controlled waters or the wider environment during and following
the development works in accordance with London Plan (2015) policy 5.21
‘Contaminated Land’, LBHF Regulation 18 Local Plan (2015) policy CC8 ‘Contaminated
Land’ and OPDC Regulation 18 Local Plan (2016) policy EU12 ‘Land contamination’.
9.58
PRE-COMMENCEMENT – Contaminated Land (remediation method statement)
Unless the local planning authority agree in writing that a set extent of development
must commence to enable compliance with this condition, no development shall
commence until a remediation method statement is submitted to and approved in
writing by the local planning authority. This statement shall detail any required
remediation works and shall be designed to mitigate any remaining risks identified in
the approved quantitative risk assessment. All works must be carried out in compliance
with and by a competent person who conforms to CLR 11: Model Procedures for the
Management of Land Contamination (Defra 2004) or the current UK requirements for
sampling and testing.
Reason: Potentially contaminative land uses (past or present) are understood to occur
at, or near to, this site. The condition is required to ensure that no unacceptable risks
are caused to humans, controlled waters or the wider environment during and following
the development works in accordance with London Plan (2015) policy 5.21
‘Contaminated Land’, LBHF Regulation 18 Local Plan (2015) policy CC8 ‘Contaminated
Land’ and OPDC Regulation 18 Local Plan (2016) policy EU12 ‘Land contamination’.
9.59
PRE-COMMENCEMENT – Contaminated Land (verification report)
Unless the local planning authority agree in writing that a set extent of development
must commence to enable compliance with this condition, no development shall
commence until the approved remediation method statement has been carried out in
full and a verification report confirming these works has been submitted to, and
approved in writing, by the local planning authority. This report shall include: details of
the remediation works carried out; results of any verification sampling, testing or
monitoring including the analysis of any imported soil; all waste management
documentation showing the classification of waste, its treatment, movement and
disposal; and the validation of gas membrane placement. If, during development,
contamination not previously identified is found to be present at the site, the local
planning authority is to be informed immediately and no further development (unless
otherwise agreed in writing by the local planning authority) shall be carried out until a
report indicating the nature of the contamination and how it is to be dealt with is
submitted to, and agreed in writing by, the local planning authority. Any required
remediation shall be detailed in an amendment to the remediation statement and
verification of these works included in the verification report. All works must be carried
out in compliance with and by a competent person who conforms to CLR 11: Model
Procedures for the Management of Land Contamination (Defra 2004) or the current UK
requirements for sampling and testing.
Reason: Potentially contaminative land uses (past or present) are understood to occur
at, or near to, this site. The condition is required to ensure that no unacceptable risks
are caused to humans, controlled waters or the wider environment during and following
the development works in accordance with London Plan (2015) policy 5.21
‘Contaminated Land’, LBHF Regulation 18 Local Plan (2015) policy CC8 ‘Contaminated
Land’ and OPDC Regulation 18 Local Plan (2016) policy EU12 ‘Land contamination’.
9.60
PRE-COMMENCEMENT – Contaminated Land (long-term monitoring
methodology)
Unless the local planning authority agree in writing that a set extent of development
must commence to enable compliance with this condition, no development shall
commence until an onward long-term monitoring methodology report is submitted to
and approved in writing by the local planning authority where further monitoring is
required past the completion of development works to verify the success of the
remediation undertaken. A verification report of these monitoring works shall then be
submitted to and approved in writing by the local planning authority when it may be
demonstrated that no residual adverse risks exist. All works must be carried out in
compliance with and by a competent person who conforms to CLR 11: Model
Procedures for the Management of Land Contamination (Defra 2004) or the current UK
requirements for sampling and testing.
Reason: Potentially contaminative land uses (past or present) are understood to occur
at, or near to, this site. The condition is required to ensure that no unacceptable risks
are caused to humans, controlled waters or the wider environment during and following
the development works in accordance with London Plan (2015) policy 5.21
‘Contaminated Land’, LBHF Regulation 18 Local Plan (2015) policy CC8 ‘Contaminated
Land’ and OPDC Regulation 18 Local Plan (2016) policy EU12 ‘Land contamination’.
9.61
PRE-COMMENCEMENT – Ecological Construction Management Statement
Prior to the commencement of development including any works of demolition, an
Ecological Construction Management Statement (ECMS) to include:



a mitigation strategy for the translocation of reptiles;
a mitigation strategy for the reasonably foreseeable impact on bats;
details of the timing of any trees to be removed from the site having regard to
their potential for nesting birds;
The ECMS shall be submitted to and approved in writing by the local planning authority
and shall be in accordance with chapter 9 of the Environmental Statement Volume 1
dated January 2016. The development shall not be commenced (including any works of
demolition) until the Statement has been approved in writing by the local planning
authority. The measures identified in the approved mitigation strategies shall be
adhered to in full at the relevant time in the demolition, construction or operational
phase of the development.
Reason: To ensure adequate protection for protected species that may be present on
the site in accordance with London Plan (2015) policy 7.19 ‘Biodiversity and Access to
Nature’, and OPDC Regulation 18 Local Plan (2016) policy EU8 ‘Green infrastructure
and biodiversity’.
9.62
PRE-OCCUPATION – Landscape and Ecology Management Plan (LEMP)
Prior to any part of the development being first brought into use, a Landscape and
Ecology Management Plan (LEMP) in accordance with chapter 9 of the Environmental
Statement Volume 1 dated January 2016 shall be submitted to and approved in writing
by the local planning authority. The LEMP shall ensure that the biodiversity value of the
retained and created green infrastructure of the development is maintained and, where
possible, enhanced. The development shall only be carried out in accordance with the
approved LEMP.
Reason: To maximise the long term benefits for biodiversity in accordance with London
Plan (2015) policy 7.19 ‘Biodiversity and Access to Nature’ and OPDC Regulation 18
Local Plan (2016) policy EU8 ‘Green infrastructure and biodiversity’.
9.63
COMPLIANCE – Ecological mitigation
The development, including any works of demolition, shall only be carried out in full
accordance with the ecological mitigation measures set out in chapter 9 of the
Environmental Statement Volume 1 dated January 2016.
Reason: To ensure adequate protection for protected species that may be present on
the site in accordance with London Plan (2015) policy 7.19 ‘Biodiversity and Access to
Nature’ and OPDC Regulation 18 Local Plan (2016) policy EU8 ‘Green infrastructure
and biodiversity’.
9.64
PRE-COMMENCEMENT – Written Scheme of Investigation (Archaeology)
No demolition or development shall take place until a Written Scheme of Investigation
(WSI) dealing with archaeology has been submitted to and approved by the local
planning authority in writing. For land that is included within the WSI, no demolition or
development shall take place other than in accordance with the agreed WSI, which shall
include the statement of significance and research objectives, and:
a. The programme and methodology of site investigation and recording and the
nomination of a competent person(s) or organisation to undertake the agreed
works;
b. The programme for post-investigation assessment and subsequent analysis,
publication & dissemination and deposition of resulting material.
Reason: To protect archaeological interests by providing an opportunity to investigate
and excavate archaeological remains on the site in accordance with London Plan (2015)
policy 7.8 ‘Heritage Assets and Archaeology’ and OPDC Regulation 18 Local Plan
(2016) policy D6 ‘Heritage’.
9.65
PRE-COMMENCEMENT – Site levels for Genesis Road
Prior to the commencement of development details of the proposed ground levels for
the completed main vehicular access road through the application site (‘Genesis’ Road)
shall be submitted to and approved in writing by the local planning authority. The
details shall include confirmation from a suitably qualified engineer that the finished
ground level of the road will provide for a vehicular connection to be made in the future
from the northern end of the application site to the north side of the Grand Union
Canal. The development shall only be carried out in accordance with the approved
details.
Reason: To ensure a vehicular route can be delivered at an appropriate level to
successfully deliver regeneration benefits on land to the north in accordance with
London Plan (2015) policy 2.13 ‘Opportunity Areas and Intensification Areas’ and
OPDC Regulation 18 Local Plan (2016) policy OPS1 ‘Optimising growth’.
9.66
PRIOR TO ABOVE GROUND WORKS – Security strategy
Prior to the commencement of above ground development works, details of a security
strategy to demonstrate compliance with Secured by Design shall be submitted to and
approved in writing by the local planning authority. The development shall only be
carried out in accordance with the approved details and any security measures shall
thereafter be retained without alteration.
Reason: To ensure the development minimises the risk of crime in accordance with
London Plan (2015) policy 7.13 ‘Safety, security and resilience to emergency’.
9.67
PRIOR TO ABOVE GROUND WORKS – Bird population management plan
Prior to the commencement of above ground development details of a bird population
management plan shall be submitted to and approved in writing by the local planning
authority. The management plan shall include details to address how bird species
occupying the green roofs that are considered to be a hazard to air traffic will be
dispersed to prevent them from successfully breeding at the site.
Reason: To ensure that the development does not undermine the safe operation of RAF
Northolt in accordance with London Plan (2015) policy 7.7 ‘Location and Design of Tall
and Large Buildings’.
10
Recommended informatives
10.1
With regards to future changes to the threat profile of the site, consideration should be
given to designing out potential vulnerabilities especially with regards from a vehicle
style attack. Designing out these vulnerabilities at the earliest possible phase, rather
than conduct a potentially expensive retrofit at a later date is preferable. A link to the
CPNI Integrated Security Guide can be provided by OPDC. A suitably qualified
individual from the RSES will be able to assist in the completion of a vehicle dynamics
assessment. OPDC can provide contact details.
10.2
With regard to Condition 9.16 the site should undergo a blast assessment in relation to
glazing fascia and structural integrity of buildings by a suitably qualified engineer from
the Register of Security Engineers and Specialists (RSES). OPDC can provide a list of
suitably qualified engineers as recommended by the Counter Terrorism Security Advisor.
10.3
The Written Scheme of Investigation required by Condition 9.64 will need to be
prepared and implemented by a suitably professionally accredited archaeological
practice in accordance with Historic England’s Guidelines for Archaeological Projects in
Greater London. This condition is exempt from deemed discharge under schedule 6 of
The Town and Country Planning (Development Management Procedure) (England)
Order 2015.
10.4
With regard to surface water drainage it is the responsibility of a developer to make
proper provision for drainage to ground, water courses or a suitable sewer. In respect of
surface water it is recommended that the applicant should ensure that storm flows are
attenuated or regulated into the receiving public network through on or off site
storage. When it is proposed to connect to a combined public sewer, the site drainage
should be separate and combined at the final manhole nearest the boundary.
Connections are not permitted for the removal of groundwater. Where the developer
proposes to discharge to a public sewer, prior approval from Thames Water Developer
Services will be required. They can be contacted on 0800 009 3921.
10.5
The applicant is advised to contact Thames Water Developer Services on 0800 009 3921
to discuss the details of the piling method statement required by Condition 9.35.
10.6
A Groundwater Risk Management Permit from Thames Water will be required for
discharging groundwater into a public sewer. Any discharge made without a permit is
deemed illegal and may result in prosecution under the provisions of the Water Industry
Act 1991. Thames Water would expect the developer to demonstrate what measures will
be undertaken to minimise groundwater discharges into the public sewer. Permit
enquiries should be directed to Thames Water's Risk Management Team by telephoning
020 3577 9483 or by emailing www.riskmanagement@thameswater.co.uk. Application
forms should be completed on line via www.thameswater.co.uk/wastewaterquality.
10.7
The landscaping condition required by Condition 9.15 shall include details of the
temporary landscaping screen to the northern boundary of the site.
10.8
Under the terms of the Planning Act 2008 (as amended) and Community Infrastructure
Levy Regulations 2010 (as amended), this development is liable to pay the Mayor of
London's Community Infrastructure Levy (CIL). This will be calculated in accordance
with the Mayor of London's CIL Charging Schedule 2012. One of the development
parties must now assume liability to pay CIL by submitting an Assumption of Liability
Notice to the OPDC at planningapplications@opdc.london.gov.uk.
10.9
The applicant is advised to liaise with HS2 Ltd with regard to conditions 9.33 and 9.34.
10.10
The applicant is advised that the application site falls within land that may be required
to construct and/or operate Phase One of a high speed rail line between London and
the West Midlands, known as High Speed Two. Powers to construct and operate High
Speed Two are to be sought by promoting a hybrid Bill which was deposited in
Parliament on 25th November 2013 and cleared its Second Reading stage on 28th April
2014. As a result the application site, or part of it, may be compulsorily purchased.
More information can be found at:
https://www.gov.uk/government/organisations/high-speed-two-limited
10.11
The applicant and/or contractor are encouraged to sign up to the Fleet Recognition
Scheme (FORS) which promotes better safety standards during construction. The FORS
guidance can be found at http://www.tfl.gov.uk/info-for/freight/safety-and-theenvironment/managing-risks-wrrr
10.12
As the site is adjacent to Network Rail’s operational railway infrastructure, Network Rail
strongly recommends the developer contacts AssetProtectionAnglia@networkrail.co.uk
prior to any works commencing on site. Network Rail strongly recommends the
developer agrees an Asset Protection Agreement with Network Rail to enable approval
of detailed works. More information can also be obtained from Network Rail’s website
at www.networkrail.co.uk/aspx/1538.aspx.
11
Appendices




Appendix A – OPDC Planning Committee 28 April 2016 Item 6 (original report to
OPDC Planning Committee).
Appendix B – previous and current site location plans.
Appendix C – layout plans and computer generated images.
Appendix D – consultation responses, representations and LBHF report to
Hammersmith and Fulham Planning Committee.
List of Background Papers:
None.
Report originator:
Telephone:
Email:
Michael Drake, Senior Planning Officer, OPDC
020 7983 5783
michael.drake@opdc.london.gov.uk
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