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