8/1 Committee: Development Control

AGENDA ITEM

COMMITTEE: DEVELOPMENT CONTROL

DATE: 11TH DECEMBER 2013

SUBJECT: FORMER VAUXHALL MOTORS SITE (NAPIER PARK AND STIRLING PLACE), KIMPTON ROAD – OUTLINE APPLICATION FOR A MIXED USE DEVELOPMENT – RESIDENTIAL (CLASS C3), RETAIL (CLASS A1-A5), OFFICE (CLASS B1), STORAGE AND DISTRIBUTION (CLASS B8), HOTEL (CLASS C1) AND CASINO (SUI GENERIS) USES, NEW LANDSCAPING, PARK AND PUBLIC REALM, CAR PARKING, MEANS OF ACCESS, NEW ACCESS TO KIMPTON ROAD AND OTHER ASSOCIATED WORKS. (WITH EIA). (APPLICANT: AUGUR GROUP LTD) (APPLICATION NO: 13/00280/OUT)

REPORT BY: DEVELOPMENT CONTROL MANAGER

CONTACT OFFICER: DAVID GAUNTLETT 546317

IMPLICATIONS:

LEGAL COMMUNITY SAFETY

EQUALITIES ENVIRONMENT

FINANCIAL CONSULTATIONS

STAFFING OTHER

WARDS AFFECTED: CRAWLEY

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PURPOSE

1. To advise Members of a current application for planning permission and to seek their decision.

RECOMMENDATION(S)

2. Development Control Committee is recommended to:-

(a) Resolve that:-

(01) The requirements of Part II of Schedule 4 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2011 (as amended) are satisfied by reason of the Environmental Statement including at least the following information:

(i) A description of the development comprising information on the site, design and size of the development; (ii) A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects (iii) The data required to identify and assess the main effects which the development is likely to have on the environment (iv) An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for the choice made, taking into account the environmental effects (v) A non-technical summary of the information provided under paragraphs i) to iv) above

(02) The implications of the development addressed in the Environmental Statement and the mitigation measures proposed do not amount to significant adverse effects or main effects

(03) That it be recorded that, in making the decision on the application, the Committee has taken into account the environmental information comprising the Environmental Statement and that this information meets the minimum requirements of Part II of Schedule 4 to the Town and Country

8/2 Planning (Environmental Impact Assessment) (England and Wales) Regulations 2011 (as amended)

(04) That the main reasons on which the reasons and considerations are based are placed on deposit for public inspection at the appropriate time and an informative to this effect will be attached accordingly to any approval notice for which planning permission may be granted.

(b) Grant planning permission subject to:-

(i) the satisfactory completion of an agreement under Section 106 of the Town and Country Planning Act to contain the following Heads of Terms:

 A financial contribution towards improvements to transport infrastructure made necessary by the development.  A financial contribution to facilitate any necessary classroom expansion at nearby education facilities resulting from the development  A financial contribution to facilitate any waste management improvements made necessary by the development  A further financial contribution or the provision of 10% shared ownership affordable housing on-site following delivery of the food store element of the development

(ii) That the Development Control Manager be authorised, in consultation with the Head of Legal Services, to agree the format of the required S106 Agreement and to incorporate a review mechanism to provide the opportunity for any up-lift in viability to be reappraised at an appropriate later stage in the light of the prevailing market conditions at that time;

(iii) The referral of the application to the Secretary of State for Communities and Local Government in accordance with the Town and Country Planning (Consultation) (England) Direction 2009; and subject to the Secretary of State confirming that the application will not be called in for his determination:-

General Conditions

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(01) Insofar as it relates to the detailed matters of design relating to the main access to the site from Kimpton Road for which full planning permission is sought, the development hereby permitted shall be begun not later than the expiration of five years beginning with the date of this permission.

Reason: To limit the duration of the permission in accordance with the provisions of Sections 91-96 of the Town and Country Planning Act, 1990.

(02) In the case of any matter hereinafter reserved for the subsequent approval of the Local Planning Authority, application for this approval shall be made not later than the expiration of five years beginning with the date of this permission and the development hereby permitted shall be begun not later than whichever is the later of the following dates: (a) The expiration of seven years from the date of this permission or (b) The expiration of two years from final approval of the matters hereinafter reserved for the subsequent approval of the Local Planning Authority or in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: To limit the duration of the permission in accordance with the provisions of Sections 91-96 of the Town and Country Planning Act, 1990.

(03) Insofar as it relates to the remainder of the development hereby approved for which outline planning permission is sought and in pursuance of the reserved matters referred to in Condition 2 above, full details and particulars of all buildings and other works hereby permitted in respect of the access, appearance, landscaping, layout and scale of the site/development, shall be submitted to and approved by the Local Planning Authority before any development is commenced.

Reason: To enable the Local Planning Authority to exercise proper control over the details of development in the case of an outline planning permission granted under Article 3 (1) of the Town and Country Planning (General Development Procedure) Order, 1995.

(04) The development hereby permitted shall not be carried out other than in complete accordance with the approved plans and specifications as set out on Luton Borough Council plan numbers

8/4 01a, 01b, 01c, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16a, 16b, 16c, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, ENV6, ENV7, ENV9, ENV10, ENV14, H2, H3, H5, S1, T3, T8, T13, U3, KR1 and IMP1 of the Luton Local Plan and the guidance of the National Planning Policy Framework.

(05) This permission shall not authorise the erection of more than 625 dwelling units or exceed the employment/commercial/retail/leisure floorspace thresholds specified in the Development Specification document submitted as part of the planning application without the prior permission of the Local Planning Authority.

Reason: In the interests of sustainability and to ensure consistency with the assessment on which the need for mitigation and contribution to infrastructure requirements has been based. To accord with the objectives of Policy LP1 of the Luton Local Plan and the guidance of the National Planning Policy Framework.

(06) In compliance with Condition (05) hereof and for the avoidance of doubt, the net floorpsace of the Class A1 foodstore supermarket hereby permitted shall not exceed 2555 square metres, including any mezzanine or other floor(s) inserted into the building capable of use as a net sales are. No more than 25% (639 square metres) of the net sales area shall be used for the sale of comparison goods.

Reason : To define the extent of the permission and in the interests of safeguarding the retail function and primacy of the town centre shopping centres in accordance with policies LP1 and S1 of the Luton Local Plan.

(07) In compliance with Condition (05) hereof and for the avoidance of doubt, the cumulative net floorpsace of the Class A1 comparison retail hereby permitted shall not exceed 800 square metres, including any mezzanine or other floor(s) inserted into the building(s) capable of use as a net sales area.

(08) All applications submitted for the approval of reserved matters shall be accompanied by a Design and Access Statement.

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Reason: To ensure a satisfactory standard of development and in the interests of good design and sustainability. To accord with the objectives of policies LP1 and ENV9 of the Luton Local Plan and the guidance of the National Planning Policy Framework.

(09) Any reserved matters applications for the employment, commercial and retail sectors of the development shall include details of proposed hours of operation.

Reason: To protect the amenities of neighbouring properties. To accord with the objectives of Policy(ies) LP1 of the Luton Local Plan.

(10) The Class A1 foodstore supermarket shall not commence trading or operational use unless and until the completion of at least 160 of the dwelling units within the residential phases of the development hereby permiited.

Reason: To ensure that the supermarket foodstore fulfils its purpose as a centre for the local needs arising from the development and in the interests of safeguarding the safeguarding the retail function and primacy of the town centre shopping centres in accordance with policies LP1, S1 and KR1 of the Luton Local Plan.

(11) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any statutory instrument revoking and re-enacting that Order, no telecommunication apparatus shall be erected or installed in excess of the maximum height of buildings hereinafter permitted and/or pursuant to any reserved matters approval without the prior permission of the Local Planning Authority.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1 and ENV9 of the Luton Local Plan.

(12) Within the retail, employment and commercial sectors of the development hereby approved and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any statutory instrument revoking and re-enacting that Order, the following development shall not be undertaken, erected or installed without the prior approval of the Local Planning Authority:- (a) The change of use of any building; (b) The extension of any building; (c) The construction of any structure exceeding the height of any original building on any plot;

8/6 (d) The provision of any lighting (including street lighting) external to any building; (e) The external provision of amplifier, relay, loudspeaker, or other audio equipment to any building.

(13) The development hereby approved shall be implemented on a phased basis in accordance with a phasing programme to be submitted to and approved by the Local Planning Authority before any development on site commences.

(14) The submission of further details required by the conditions contained within this decision (where applicable) shall be accepted by the Local Planning Authority on a phase by phase basis by reference to that part of the development which is then proposed to be implemented and references to compliance "before the development and/or works is/are commenced" shall be construed as references to "before the relevant part of the development and/or works is/are commenced".

(15) The development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the Local Planning Authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex 2: Glossary of the NPPF or any future guidance that replaces it. The scheme shall include: (i) the numbers, type, tenure and location on the site of the affordable housing provision to be made which shall consist of not less than 10% of housing units/bed spaces;

8/7 (ii) the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing; (iii) the arrangements for the transfer of the affordable housing to an affordable housing provider[or the management of the affordable housing ; (iv) the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and (v) the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

Reason: To ensure that provision is made for affordable housing in accordance with Policy(ies) H5 and H6 of the Luton Local Plan.

(16) No development shall commence on land parcels 8 and 9 as identified on the plot drawing plan, until a scheme for providing pedestrian access to Devon Road from the development site has been implemented and is fully operational in accordance with details submitted to and approved by the Local Planning Authority beforehand.

Reason: In the interests of sustainability and to ensure adequate provision is made for non-car based modes of transport. To accord with the objectives of Policies LP1, T1 and T8 of the Luton Local Plan.

(17) No development shall take place, including any works of demolition, until an Environmental Management Plan in accordance with details set out in the accompanying Environmental Statement has been submitted to and approved by the Local Planning Authority. The approved Plan shall be adhered to throughout the works and construction period. The Plan shall include detailed information on the controls to be implemented for (i) the management of sub- contractors; (ii) external relations and liaison; (iii) nuisance (noise, dust and vibration); (iv) access and traffic management; (v) waste management; (vi) hazardous materials and contamination; (vii) site drainage and water resources; (viii) ecology and; (ix) archaeology.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1 and ENV9 of the Luton Local Plan.

(18) No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period.

8/8 The Statement shall provide for: (i) Operating hours No demolition, construction or contaminated land remediation activities, movement of traffic, or deliveries to and from the premises, shall occur other than within the hours agreed with the Local Planning Authority. Any proposed extension to these agreed hours, other than for emergency works, shall be agreed with the Local Planning Authority before work commences; (ii) the parking of vehicles of site operatives and visitors; (iii) loading and unloading of plant and materials; (iv) storage of plant and materials used in constructing the development; (v) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; (vi) wheel washing facilities; (vii) measures to control the emission of dust and dirt during construction; (viii) a scheme for recycling/disposing of waste resulting from demolition and construction works.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1 and ENV9 of the Luton Local Plan.

(19) Prior to the commencement of development, full details of all proposed retaining walls, including site levels and sections, means of construction and facing materials shall be submitted to and approved by the Local Planning Authority.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1 and ENV9 of the Luton Local Plan.

(20) Prior to the commencement of the relevant part of the development, full details of the design, layout and construction of the basement and undercroft parking areas hereby approved, shall be submitted to and approved by the Local Planning Authority and the development shall be carried out in strict accordance with the details thereby approved.

Reason: To ensure a satisfactory standard of development. To accord with Policies LP1, ENV9 and ENV14 of the Luton Local Plan.

(21) Prior to the commencement of development, full details of any excavation and earthworks to be carried out adjacent or near to the adjoining boundary with Network Rail land shall be submitted to and approved in writing by the Local Planning Authority in consultation with Network Rail and works shall be carried out in accordance with the approved details.

8/9 Reason: To ensure a satisfactory standard of development and to mitigate the impact of the development on the adjacent railway land. To accord with Policy LP1 of the Luton Local Plan.

(22) In the event of any vibro-compaction machinery being used in any construction phase of development, full details and a method statement shall be submitted to and approved by the Local Planning Authority in consultation with Network Rail before the works commence and the works shall only be carried out in accordance with the approved details.

Reason: To ensure a satisfactory standard of development and to mitigate the impact of the development on the adjacent railway land. To accord with Policy LP1 of the Luton Local Plan.

(23) Notwithstanding the submitted Building Heights Parameters Plan, full details of the proposed finished floor levels and maximum heights of buildings in relation to proposed ground levels and the heights of existing and proposed neighbouring buildings, shall be included with each relevant application for reserved matters approval. The development shall thereafter be implemented in accordance with the approved details.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1 and ENV9 of the Luton Local Plan.

(24) Development of the residential areas of the development hereby permitted, as identified by the Plots Parameters Plan, shall not be commenced until a scheme to protect the occupants of the dwellings from external noise sources and vibration (to include air, rail and road) has been submitted to and approved by the Local Planning Authority. Any information relating to aircraft noise levels shall be identified in consultation with London Luton Airport. All noise mitigation works required in respect of each dwelling shall be completed before the first occupation of that dwelling.

Reason: To protect the amenities of the future residents of the accommodation hereby approved. To accord with the objectives of Policies LP1 and H2 of the Luton Local Plan and the guidance of the National Planning Policy Framework.

(25) Development of each of the retail, commercial and employment phases of the development hereby permitted, as identified by the Phasing Plan, shall not be occupied until a scheme detailing security measures to be implemented across the site has been submitted to

8/10 and approved by the Local Planning Authority and the details thereby approved have been implemented.

Reason: To ensure a satisfactory standard of development and in the interests of security and the prevention of crime. To accord with the objectives of Policy(ies) LP1 and ENV9 of the Luton Local Plan.

(26) Full details of a trespass-proof fence to be erected adjacent to the boundaries of the site adjoining Network Rail land shall be submitted to and approved in writing by the Local Planning Authority in consultation with Network Rail before the development is commenced. The fence shall be erected in strict accordance with the approved details.

(27) A scheme of structural planting and landscaping for the application site, in compliance with Condition (02) hereof, including areas of public and amenity open space and proposed and existing planting identified in the Landscape & Public Realm Strategy shall be submitted to and approved by the Local Planning Authority before the relevant parts of the development are commenced. The submitted details shall include: (a) existing trees, shrubs and hedges, giving their location, height and spread and those to be retained and those to be removed; (b) new planting, giving location, planting size, number and density, height and eventual spread and the location of grass turfing and seeding; (c) depth of top soil to be provided, where necessary, and the measures to be taken to maintain the new planting for the required period set out in Condition (09) hereof. (d) the timing and implementation of all proposed planting and associated works; (e) measures proposed for the protection of existing trees, shrubs and hedges. (f) surface treatment of all hard landscaped areas. (g) a written statement of the account taken of the Landscape and Public Realm Strategy document; (h) a landscape management plan following implementation of the scheme, to include ongoing management responsibilities and maintenance schedules. The landscape management shall thereafter only proceed in accordance with the approved details.

8/11 Reason: To ensure a satisfactory standard of development and to enhance the appearance of the development. To accord with the objectives of Policies LP1, ENV5, ENV9 and ENV10 of the Luton Local Plan.

(28) Within each application for reserved matters approval and in compliance with Condition (02) hereof, full details of a landscaping scheme for that part of the development shall be submitted to and approved by the Local Planning Authority before the relevant part of the development is commenced. The landscaping details shall address the following:- (a) new planting, giving location, planting size, number and density, height and eventual spread and the location of grass turfing or seeding; (b) the relationship of new planting to existing and proposed buildings, roads, footpaths and drains or other underground services; (c) proposed provision for incidental open space; (d) surface treatment of all hard landscaped areas; (e) depth of top soil to be provided, where necessary, and the measures to be taken to maintain the new planting for the required period set out in Condition (09) hereof; (f) the timing and implementation of all proposed planting and associated works; (g) a written statement of the account taken of the Landscape and Public Realm Strategy document; (h) a landscape management plan following implementation of the scheme, to include ongoing management responsibilities and maintenance schedules. The landscape management shall thereafter only proceed in accordance with the approved details.

Reason: To ensure a satisfactory standard of development and to enhance the appearance of the development. To accord with the objectives of Policies LP1, ENV5, ENV9 and ENV10 of the Luton Local Plan.

(29) All planting included in the scheme(s) submitted in compliance with Condition No. 02 of this permission and approved by the Local Planning Authority shall be carried out by a date not later than the end of the full planting season immediately following the completion of that development. If within a period of five years from the initial date of planting of any tree or shrub, any such plant is removed, uprooted or destroyed or dies, or becomes in the opinion of the Local Planning Authority, seriously damaged, diseased or defective, another tree or shrub of the same species and size as that originally

8/12 planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

Reason: To enhance the appearance of the proposed development. To accord with the objectives of Policy(ies) LP1, ENV5 and ENV10 of the Luton Local Plan.

(30) Full details of children’s play spaces and the activity trail identified in the Landscape and Public Realm Strategy shall be submitted to and approved by the Local Planning Authority before the relevant part of the development is commenced. The details shall include the surfacing treatment, the siting and type of any play equipment, future management proposals, fencing and a timetable of works. The scheme shall thereby only be implemented in accordance with the approved details and timetable of works.

Reason: To ensure a satisfactory standard of development. To accord with the objectives of Policies LP1, ENV9 and ENV10 of the Luton Local Plan.

(31) Before any work on site is commenced, full details shall be submitted to and approved by the Local Planning Authority for the safeguarding of the trees, shrubs and/or hedges within the site. The safeguarding measures thereby approved shall be implemented prior to the commencement of any demolition works, removal of topsoil or commencement of building operations and retained in a position until development is completed. The land so enclosed shall be kept clear of plant, building materials, machinery and other objects and the existing soil levels not altered.

Reason: To ensure a satisfactory standard of development. To accord with the objectives of Policies LP1, ENV5 and ENV10 of the Luton Local Plan.

(32) Full details of the proposed boundary treatment of the site shall be submitted to and approved by the Local Planning Authority before the development is commenced and the approved treatment shall be installed before the building(s) hereby permitted is/are occupied.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1 and ENV9 of the Luton Local Plan.

(33) No development of each phase of development approved by this planning permission (or such other date or stage in development as

8/13 may be agreed in writing with the Local Planning Authority), shall take place until a scheme for that phase that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority: (1) A preliminary risk assessment which has identified: - all previous uses - potential contaminants associated with those uses - a conceptual model of the site indicating sources, pathways and receptors - potentially unacceptable risks arising from contamination at the site. (2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. (3) The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. (4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved.

Reason: To prevent pollution of groundwater. To accord with the objectives of Policy(ies) ENV14 of the Luton Local Plan.

(34) If, during development, contamination not previously identified is found to be present at the site then no further development of that phase (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted a remediation strategy to the Local Planning Authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the Local Planning Authority. The remediation strategy shall be implemented as approved.

Reason: To prevent pollution of groundwater and the water environment. To accord with Policies LP1 and ENV14 of the Luton Local Plan.

(35) No occupation of each phase of development shall take place until a verification report demonstrating completion of works set out in the

8/14 approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

Reason: To prevent pollution of groundwater. To accord with the objectives of Policy(ies) ENV14 of the Luton Local Plan.

(36) No development should take place until a long-term monitoring and maintenance plan in respect of contamination including a timetable of monitoring and submission of reports to the Local Planning Authority, shall be submitted to and approved in writing by the Local Planning Authority. Reports as specified in the approved plan, including details of any necessary contingency action arising from the monitoring, shall be submitted to and approved in writing by the Local Planning Authority. Any necessary contingency measures shall be carried out in accordance with the details in the approved reports. On completion of the monitoring specified in the plan a final report demonstrating that all long-term remediation works have been carried out and confirming that remedial targets have been achieved shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To protect the quality of the water environment. To accord with Policy ENV14 of the Luton Local Plan.

(37) No infiltration of surface water drainage into the ground on each phase of development is permitted other than with the express written consent of the local planning authority, which may be given for those phases of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details.

Reason: To protect the groundwater environment. To accord with Policy ENV14 of the Luton Local Plan.

(38) For each phase of development, piling or any other foundation designs using penetrative methods shall not be permitted other than in accordance with a Piling Method Statement to be submitted to and

8/15 approved by the Local Planning Authority. The Method Statement shall include details of the type of piling to be undertaken and the methodology by which the type of 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). Approval may only be given for those phases of the site where it has been demonstrated, that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

Reason: To protect the groundwater environment. To accord with Policy ENV14 of the Luton Local Plan.

(39) No building hereby permitted shall be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the local planning authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of sustainable urban drainage systems, and the results of the assessment provided to the Local Planning Authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: (i) provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; (ii) include a timetable for its implementation; and (iii) provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

Reason: To prevent the increased risk of flooding and to accord with the objectives of Policy(ies) LP1and ENV14 of the Luton Local Plan and the guidance of the National Planning Policy Framework.

(40) Details of the surfacing and drainage of any parking service area(s) hereby approved shall be submitted to and approved by the Local Planning Authority before the development hereby permitted is commenced. The details thereby approved shall be installed prior to the occupation of any building on the site.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the

8/16 objectives of Policy(ies) LP1, ENV9 and ENV14 of the Luton Local Plan.

(41) Development shall not commence until a drainage strategy detailing any on and/or off site drainage works, has been submitted to and approved by the Local Planning Authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed.

Reason: To ensure that the foul and surface water discharge from the site shall not be prejudicial to the existing sewerage system. To accord with Policies LP1 and ENV14 of the Luton Local Plan.

(42) Surface water control measures shall be carried out in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority, in consultation with the Council's Environmental Assessment service and the Environment Agency, before development commences.

Reason: To prevent the increased risk of flooding and to improve the quality of the water environment. To accord with Policies LP1 and ENV14 of the Luton Local Plan.

(43) Prior to the occupation of any part of the development, external lighting shall be provided on site in accordance with a scheme to be submitted to and approved by the Local Planning Authority before the development is commenced. The scheme, lighting equipment and levels of illumination shall comply with guidance issued by the Institute of Lighting Engineers in their publication "The ILE Outdoor Lighting Guide" and shall be accompanied by a statement from the developer confirming that compliance. The scheme should also specify that lighting is of flat-glass, full cut-off design with horizontal mountings and ensure that there is no light spill above the horizontal. The scheme shall thereafter be retained and maintained for so long as the development remains in existence and shall not be varied without the prior written permission of the Local Planning Authority.

(44) Development of the relevant plots of the development hereby permitted, as identified by the Plots Parameters Plan, shall not be commenced until full details of a scheme for the incorporation of

8/17 renewable sources of energy generation within the relevant plot have been submitted to and approved by the Local Planning Authority. For the avoidance of doubt, at least 10% of the energy supply of the development shall be secured from decentralised and renewable or low-carbon energy sources (as described in Annex 2 : Glossary of the NPPF). Details and a timetable of how this is to be achieved, including details of physical works on site, shall be submitted to and approved in writing by the Local Planning Authority [as a part of the reserved matters submissions required by condition 3 above]. The approved details shall be implemented in accordance with the approved timetable and retained as operational thereafter, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of sustainability. To accord with the objectives of Policy(ies) LP1and U3 of the Luton Local Plan.

(45) Prior to the development hereby permitted commencing a further assessment of the site’s suitability as a bat habitat should be completed, the details of which should be submitted to and approved in writing by the Local Planning Authority. If protected species (bats) are found to be present, a full survey of the site together with an assessment of the development's impact on those habitats shall be carried out including such mitigation as required, the details of which shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure adequate safeguards are taken to prevent risk to potential protected species (bat habitats). To accord with Policies LP1 and ENV5 of the Luton Local Plan.

(46) In the event the Grade Separated Interchange promoted by Luton Borough Council for M1 Junction 10A is not delivered the total quantum of new trips generated by the proposed development shall be no more than 30 two-way vehicle trips through M1 Junction 10A in the AM peak period (defined as 08:00 - 09:00).

Reason: To ensure M1 Junction 10A continues to serve its purpose as part of a national system of routes for through traffic, to satisfy the reasonable requirements of road safety on M1 Junction 10A and connecting roads in accordance with Section 10 of the Highways Act 1980.

(47) Before each phase of development commences, a review shall be undertaken of the Framework Travel Plan hereby approved, and any amendments required to reflect changes in prevailing transport

8/18 conditions shall be identified; incorporated within a Final Framework Travel Plan and agreed in writing by the Local Planning Authority in consultation with the Highways Agency. The completed development shall then be occupied in accordance with the Final Framework Travel Plan.

Reason: To reduce single occupancy vehicle trips to the site and to ensure the M1 motorway continues to serve its purpose as part of a national system of routes for through traffic, to satisfy the reasonable requirements of road safety on the M1 motorway trunk road and connecting roads in accordance with Section 10 of the Highways Act 1980.

(48) The development hereby approved shall not be commenced until the necessary off-site highway works required as a result of the development have either been installed or programmed for installation, at the developer's expense, in accordance with a timetable agreed with the Council's Highway Development Manager. Written notification of the completion of the required works shall be provided to the Local Planning Authority before the development hereby approved is occupied.

Reason: In the interests of effective traffic management in the surrounding area and to accord with Policies LP1 and T3 of the Luton Local Plan.

(49) Development of each of the retail, commercial and employment phases of the development hereby permitted, as identified by the Phasing Plan, shall not be commenced until an interim travel plan for the relevant phases has been submitted to the Local Planning Authority and no building within the relevant phases shall be occupied until the interim travel plan has been approved in writing by the Local Planning Authority. The interim travel plan shall include: (a). details of anticipated travel to the relevant area and; (b). existing and proposed transport links, to include pedestrian, cycle and public transport links, and parking provision. Within six months of the occupation of each building within the relevant area, final travel plans shall be submitted for approval by the Local Planning Authority. The final travel plans shall include: (a). proposals and measures to minimise private car use and facilitate walking, cycling and public transport use; (b). a timetable for implementation of measures designed to reduce car use and;

8/19 (c). plans for monitoring and review annually for a period of five years at which time they will be reviewed by the Local Planning Authority

The travel plans shall thereafter be carried out as approved.

Reason: In the interests of sustainability and encouraging reduced car travel. To accord with the objectives of Policies LP1, T3 and T8 of the Luton Local Plan.

(50) Before the development hereby permitted is commenced, a strategy and framework plan for the provision of a strategic network of footpaths and cycle ways within the development and of linkages to the surrounding areas shall be submitted to and approved by the Local Planning Authority in consultation with the Local Highway Authority. The strategy and framework plan thereby approved shall be incorporated into any applications for approval of reserved matters in respect of any part of the development thereafter submitted.

Reason: In the interests of sustainability and to ensure adequate provision is made for non-car based modes of transport. To accord with the objectives of Policies LP1, T3 and T8 of the Luton Local Plan.

(51) Development of the relevant plots of the development hereby permitted, as identified by the Plots Parameters Plan, shall not be commenced until full details of the proposed car parking and cycle parking provision for the relevant plot has been submitted to and approved by the Local Planning Authority.

Reason: To ensure that adequate provision is made for vehicles to park clear of the highway in the interest of road safety. To accord with the objectives of Policy(ies) LP1, T3 and T8 of the Luton Local Plan.

(52) Full details of access and signposting to the development to meet the needs of disabled people shall be submitted to and approved by the Local Planning Authority before the development is commenced. The approved facilities shall be provided prior to the occupation of the building(s) in accordance with Part M of the Building Regulations and BS8300 and thereafter permanently retained.

8/20 Reason: To ensure a standard of development to accord with the objectives of Policies LP1 and ENV9 of the Luton Local Plan.

(53) Notwithstanding the submitted details, the development shall not commence until full details of the purpose, allocation, operations and management of the 330-space multi-storey car park hereby approved have been submitted to and approved by the Local Planning Authority. The development shall only proceed in accordance with the approved details. For the avoidance of doubt, at no time shall the car park shall be used for airport-related parking.

Reason: To enable the Local Planning Authority to exercise proper control over the development proposed in the interests of sustainability and to ensure a satisfactory standard of development. To accord with Policies LP1, LLA1 and T13 of the Luton Local Plan.

(54) The scheme shall make provision for the installation of suitable Armco barriers (or similar) at locations to be agreed beforehand with the Local Planning Authority in consultation with Network Rail, and shall be implemented before any building is occupied.

Reason: In the interests of highway and pedestrian safety and to mitigate the impact of the development on the adjacent railway land. To accord with Policy LP1 and T3 of the Luton Local Plan.

(55) No development shall take place within any phase of the development until an Employment and Skills Plan has been submitted to and approved by the Local Planning Authority. The Plan shall be implemented in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To maximise the potential for residents of the town to access the employment opportunities created by the development in accordance with Policy LP1 of the Luton Local Plan.

REPORT

The Site and Surroundings

3. The application site covers an area of 24.5 hectares comprising part of the former Vauxhall Motors car plant (now commonly known as „Napier Park‟) to the north of Kimpton Road and a smaller, now vacant site (commonly

8/21 known as „Stirling Place‟) to the south of Kimpton Road. The names of the sites were formed using historic links to the town making reference to Sir John Napier of Luton Hoo and to the involvement of Vauxhall Motors in the development of the Stirling Engine. The names are also linked by the Napier family‟s connection with Stirling Castle.

4. The site is approximately 1.6km from the town centre and has good connectivity to the wider area in the form of the Midland Mainline railway which runs from the Midlands to London (by virtue of Luton Parkway Station); London Luton Airport, which is located 1km to the east; the A505 Hitchin Road linking to the A1, which is 4km to the north and; J10/J10a of the M1, which is 2.2km to the southwest.

Napier Park

5. The Napier Park site measures approximately 22.5 hectares and has been cleared of all physical structures with the exception of a large single warehouse (referred to in the application as „X Block‟) and an established green corridor comprising a continuous hedgerow of mixed tree species, both of which are located at the northern end of the site. A large flat concrete slab also remains where the former car plant building once stood, which benefits from a large basement area beneath part of it. The remainder of the site is vacant and involves a number of steep level changes with the former use resulting in the creation of a number of plateau areas, divided by steep escarpments at gradients of up to 1:2 falling to the southeast and southwest.

6. To the immediate northeast/east of the site is a facility occupied by IBC for the production of vans, and this facility comprises a number of large industrial sheds. Kimpton Road cuts across its southwestern edge with small retail units on the opposite side of the highway overlooking the site and there are a series of larger commercial buildings away to the south east. To the northwest the general topography of the area rises significantly much in the same way as it does across the application site, with the Luton Church cemetery at the low point climbing to the established housing (Ketton Close, Rutland Crescent and Devon Road) at the crest of St Ann‟s Hill.

Stirling Place

7. The Stirling Place site measures approximately 2 hectares and is vacant following the demolition of the previous industrial unit that resided on the land. The concrete slab of that unit is still evident on site, which results in the land being relatively flat, although in places it is approximately 2 metres lower than the level of Kimpton Road. The site stands immediately

8/22 opposite the southeast corner of Napier Park on the south side of Kimpton Road.

8. The Kimpton Road highway together with a Grade II Listed Building (occupied by the Chamber of Commerce) abut the site‟s northern boundaries, and a large industrial building lies adjacent to the east, which is occupied by a print works for the Express Newspaper amongst others. The Midland Mainline railway runs the extent of the southern boundary; where there is also a newly formed entry point to Luton Parkway Station. A new 7-storey Hotel occupied by Hampton by Hilton stands to the west.

Relevant Planning History

9. Prior to 2005 the planning history of the Napier Park site related almost exclusively to the previous manufacturing operations associated with the former Vauxhall plant, which ceased in March 2002. An outline application was received in 2005 for the complete redevelopment of the site comprising a mix of uses, although some of the uses and the quantum of development differed from the current proposals (application ref: 05/01095/OUT). Planning permission was granted on 19th October 2006 following the completion of a S106 Agreement. Much of the site clearance had occurred prior to that permission being granted. However following the materialization of the economic recession, the financial climate rendered the approved development of the site unviable and no further works progressed. With the failure to complete all reserved matters by October 2012 and the failure to commence development, this planning permission has now expired. For reference that development proposed the following:

 Up to 1,000 mixed tenure residential units;  Up to 45,000 square metres office floorspace (B1);  Up to 11,950 square metres general industrial floorspace (B2);  A 200 bed hotel and fitness centre;  Up to 4,000 square metres conferencing facility;  Up to 10,500 square metres casino (D2);  Up to 7,432 square metres bulky goods retail floorspace (A1);  A multi deck car park to provide 5,000 airport-related car parking spaces;  4,000 square metres of local services and neighbourhood retail (Within Use Classes A1/A2/A3/A4/A5/D1);

10. Historically Stirling Place has been used for industrial purposes. However following a shift in the typical character of the area, Development Control Committee resolved to grant planning permission for a mixed-use development in October 2010, subject to the completion of a S106 Agreement. However the S106 Agreement was never completed and the

8/23 application was ultimately withdrawn in May 2013. For reference that development proposed the following:

 400 residential units;  12,645 square metres office floor space (B1(a));  2,104 (GEA) square metres of ancillary retail (A1) and restaurants/cafes (A3);  Landscaping ;  A new pedestrian access/link to Luton Parkway Station  A layout designed to facilitate the provision of a bus link to the Parkway Station boundary from Kimpton Road

The Proposal

11. This application seeks outline planning permission for a mixed use development comprising the following elements:-

 Up to 625 residential units (an area of 53,184 sq. metres);  Up to 4,645 sq. metres of Supermarket with a sales area of 2,555 sq. metres (27,500 sq.ft);  Up to 4,080 sq. metres of other A1-A5 retail floorspace;  Up to 30,150 sq. metres of B1 office floorspace;  Up to 16,500 sq. metres of B2 industrial and B8 storage and distribution floorspace;  Up to 15,200 sq. metres of Hotel floorspace providing up to 250 rooms;  Up to 2,500 sq. metres of Casino floorspace;  Up to 2,089 parking spaces

12. Information contained within the application submission suggests that the development has the potential to generate approximately 100 full-time equivalent jobs at a local level during the construction phase and approximately 2,670 full-time equivalent jobs (net) on completion of the development.

13. With respect to the distribution of uses, Napier Park will accommodate a mix of A1 (retail), A2-A5 (other retail), B1 (offices), B2 (general industrial), B8 (storage/distribution), C1 (hotel) and C3 (residential). Stirling Place will accommodate A1 (retail), A2-A5 (other retail), B1 (offices) and C1 (hotel) together with a Casino and a multi-storey car park. The application separates the overall site into parcels, which are identified and referred to as Plots 1 to 10.

14. The application includes detailed matters of design of the main access into the site from Kimpton Road at this stage with all other information reserved for future approval.

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15. An Environmental Statement that reports on the potential environmental impacts of the development accompanies the application.

Planning Policy

NPPF

16. The National Planning Policy Framework (NPPF) was introduced in March 2012 and has been published in order to rationalise national planning policy and promote sustainable economic development. The NPPF superseded PPGs and PPSs through a concise unified document. The core principle of the Framework is a “presumption in favour of sustainable development”. However, this does not change the statutory status of the development plan as the starting point for decision making. Planning law requires that applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The Framework is a material consideration in planning decisions. .

Luton Local Plan 2001-2011

17. The Napier Park site is identified as being within the Kimpton Road Action Area on the Proposals Map of the Luton Local Plan and Policy KR1 applies. Policy KR1 supports a comprehensive mixed-use redevelopment of the site and splits the site up into 5 sections (identified and referred to as Areas 1 to 5), all of which have been identified for specific uses. The policy gives particular weight to the delivery of business and industrial employment uses as a key component of the development

18. Stirling Place is identified as falling within a Key Employment Area and Policy EM1 applies. This policy seeks to encourage the re-use of employment land for uses associated with the B1 to B8 use classes or for uses not classified within the use classes order but are not out of character with the function of the area.

19. Given the land allocations of the site on the Proposals Map, policies KR1 and EM1 are of direct relevance to any redevelopment. However, additional policies will also be of relevance with respect to the uses, which form part of the proposal and these will be referred to and addressed in the Main Planning Considerations sub-section below as appropriate.

Consultation Responses

20. A summary of the response to the technical consultations undertaken is attached at Appendix 1.

8/25 21. The Application has been notified to 222 adjoining occupiers of the site with a number of site notices being displayed in the areas surrounding it. Press notices have also been issued. 2 letters of representation have been received in respect of the application and a summary of these is attached at Appendix 2.

22. Prior to the submission of the application, the applicants undertook their own public consultation, and the details of this are set out in the Statement of Community Involvement document, which forms part of the application details. The statement sets out the means by which the engagement with the local communities and stakeholders has been undertaken and includes residents‟ meetings and exhibitions.

MAIN PLANNING CONSIDERATIONS

23. An assessment of the issues for consideration relating to this planning application is set out in the following sub-sections.

Residential

Proposal

24. The residential element of the application seeks the development of up to 625 residential dwellings, which will cover an area of approximately 9.6 hectares. The overall application site has been divided up into plots in order to identify land uses with the residential element being located within plots 8, 9 and 10.

25. The accompanying documents indicate that a range of housing will be available within the development, broken down as follows:

 1-bed units (22%)  2-bed units (36%)  3-bed units (29%)  4-bed units (9%)  5-bed units (4%)

26. Plot 8 occupies the uppermost plateau of the site to the northwest, abutting the northwest boundary with gardens of established housing on the southeast side of Devon Road. This plot will have a lesser density than the other two residential plots, as it will aim to appear more compatible with the established existing adjoining housing at St Anne‟s Hill. Building heights within this plot are specified as being between 9 and 12 metres.

27. Plot 9 lies to the immediate south and east of Plot 8 and, as a result of level differences, elements of Plot 9 will be between 9 metres and 17.5

8/26 metres below Plot 8. The boundary of Plot 9 adjoins the neighbouring cemetery (northwest) and occupies a prominent position on the crest of St Anne‟s Hill. This plot will provide a mix of dwellinghouses and apartments. Building heights within this plot are specified as being between 9 and 12 metres with a small element of the site being designated for building heights between 9 and 21 metres.

28. Plot 10 lies to the south of Plot 9 and to the extreme western corner of the site and will be up to17 metres below Plot 9 and up to 26 metres below Plot 8. Plot 10 shares its boundaries with the Midland Mainline Railway and Kimpton Road (south) and the cemetery (northwest). A higher density of housing will be created within this plot, as it is proposed that it will accommodate a higher proportion of apartments. Building heights within this plot are specified as being between 9 and 21 metres with a small element of the site being designated for building heights between only 9 and 12 metres.

29. There will be two separate basements created within Plot 10 to provide undercroft parking areas totalling 4,770 sq. metres. The first basement will have a floor area of 2,770 sq. metres, at a depth of 6 metres below ground level and will provide up to 100 spaces. The second basement will have a floor area of 2,000 sq. metres, at a depth of 6 metres below ground level and will provide up to 85 spaces.

30. The overall density achieved on the residential element of the site would be approximately 118 dwellings per hectare.

Policy Context

31. With the East of England Plan having been revoked in January 2013 the development plan for the area comprises only the Luton Local Plan 2001- 2011. This document, together with the National Planning Policy Framework (NPPF) forms the policy basis for assessing the development.

NPPF

32. The NPPF advises that all housing proposals should be considered in the context of the presumption in favour of sustainable development. In order to deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities, local planning authorities should plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community; identify the size, type, tenure

8/27 and range of housing that is required in particular locations, reflecting local demand; and set policies for meeting affordable housing needs on site with the agreed approach to delivery contributing to the objectives of creating mixed and balanced communities.

The Luton Local Plan

33. Policy H2 of the Luton Local Plan provides the criteria against which sites not allocated for housing within the plan should be assessed. Criterion A of Policy H2 of the Luton Local Plan identifies sites for the erection of 432 dwellings during the plan period of 2004-2011. Given that the plan period has now expired, this specific element of the policy is in effect outdated (a new development plan for the period 2011-2031 is in the course of preparation, but this is still in its early stages of drafting and projected housing figures for that plan period remain to be finalised. The emerging plan nevertheless recognises Napier Park as making a substantial strategic contribution to meeting the town‟s future housing needs and is proposed to be allocated as a strategic housing site for this purpose). Criterion [B] allows for residential development on sites not allocated for housing in the plan provided that (i) the site is on previously developed or underused land; (ii) such development would not lead to the loss of a use for which there is a recognised local need; (iii) there would be no unacceptable effect on the environment and (iv) there is good access to local facilities and public transport. This criterion is permissive of new residential development and complies with the thrust of the NPPF.

34. Policy H3 relates to residential density and states that new residential development will be required to be built at a net density of 40 dwellings per hectare or above. In areas with good accessibility to transport other than the car, development will be required to be built at a net density of 50 dwellings per hectare or above.

35. Policy H5 relates to the provision of affordable housing and Policy H6 sets out the requirements for affordable housing provision. Policy H5 seeks that up to 50% of new units in all developments of 15 units or more should be for affordable housing, subject to the circumstances of the site and any special development costs. It also seeks to ensure that the size and type of affordable dwellings reflects the identified housing need requirements and is well integrated into the overall scheme.

36. Policy KR1 identifies residential development as an appropriate land use within specified areas of the Kimpton Road Action Area.

Appraisal

8/28 37. The principle of residential development accords with the mixed-use development approach set out in Policy KR1 and whilst specific figures concerning Luton‟s housing target have not yet been set, the provision of up to 625 residential units would contribute significantly to meeting some of the anticipated national and local housing needs arising as a result of the increasing population.

38. The development of Plot 8 complies with the land use designations set out in Policy KR1 (Area 1). However Plots 9 and 10 encroach slightly into Areas 3 and 4, which do are not specifically identified for residential redevelopment. However, having regard to the limited encroachment into these areas, it is considered that, in the context of housing need, and the layout of the development that has been suggested in the application documents, the encroachment of some element of housing into Areas 3 and 4 identified in the plan is considered to be acceptable.

39. Policy H2 of the Local Plan sets out general criteria against which sites for housing will be granted planning permission and the residential element of the proposal is considered to satisfy those criteria. It would involve the re- use of previously developed land and is in a location that is well served by public transport. A link has been created on the northern side of the railway line, which connects the development with the Parkway Station and the recently opened Luton-Dunstable Busway route stops at the site. The site has been cleared and has been a long-time vacant and there can be no doubt that the redevelopment would result in a significantly demonstrable environmental gain. The most sensitive part of the site with regard to the relationship with adjoining land uses would be to the northwest, where it stands adjacent to the neighbouring housing in Ketton Close and Devon Road. Although the application is in outline form, and the final details of scale and layout of housing are reserved for future approval, the parameter plans indicate that a reduced density of the development will occur in this location (Plot 8).

40. The proposal provides for an overall density of development that exceeds the minimum density requirements required by Policy H3.

41. Affordable housing issues in the context of Policies H5 and H6 are addressed elsewhere in the report.

Retail

The Proposal

42. The application proposes up to 8,725 sq. metres (93,918 sq. feet) of A1 to A5 retail floorspace across Plots 1, 3, 4 and 5.

8/29 43. Plot 3 is located in the southeast corner of Napier Park and it is proposed that it will accommodate a foodstore (A1) with a floor area of up to 4,645 sq. metres (50,000 sq. feet) and a maximum sales area of 2,555 sq. metres (27,500 sq. feet). Building heights within this plot are specified as being between 3 metres and 15 metres.

44. The submitted details envisage approximately 176 net jobs could be generated by this element of the proposal.

45. The remaining 4,080 sq. metres (43,918 sq. feet) of A1 to A5 floorspace will be provided across Plots 1, 4 and 5.

46. Plot 1 is at Stirling Place and the application proposes that up to 5 buildings could be accommodated here at heights of between 3 metres and 18 metres.

47. Plot 4 is located in the southeast corner of the site standing adjacent to Napier Square and will be integrated with a Hotel. The maximum floorspace for any building would be 9,800 sq. metres (majority for hotel use) with a building height of between 9 and 21 metres.

48. Plot 5 will also be located in the southeast corner, standing between Plot 3 (foodstore) and Napier Square. This plot will accommodate a floor area of up to 1,300 sq. metres with building heights specified as being between 3 metres and 15 metres.

49. The submitted details envisage approximately 146 net jobs could be generated by this element of the proposal. Combined with that generated by the foodstore, the total jobs created by the retail element of the development would be 322.

50. The retail element of the application has been supported by a Retail Impact Assessment (RIA) in order to provide a justification for the level and type of retail that has been proposed in this instance. The RIA outlines the nature of the proposals and assesses the provision against the test requirements of the NPPF. The RIA also specifies that the site will offer limited comparison floorspace outside of the foodstore (maximum of 1,000 sq. metres gross floorspace (800sq. metres net)) with the majority of retail floorspace likely to offer A1 service (e.g. health and beauty, hairdressers, travel agents etc) and A2-A5 use.

Policy Context

NPPF

8/30 51. The town centre policy contained within the NPPF reiterates the „Town Centres First‟ principle for retail alongside the continuing requirement for sequential and impact tests. The guidance within the NPPF places a requirement on developers to provide technical justification for retail schemes, particularly where they are not located within existing centres. Where local policy does not provide guidance, impact assessments are required for schemes above 2,500 sq. metres, which should consider a 10-year period of impact for major developments in order to appreciate its long-term effects. Such assessments must also consider the impact on planned public and private investment in existing centres within the catchment of proposed development.

52. Paragraph 37 of the NPPF is linked to the creation of policies, but the general thrust of this paragraph is to encourage a balance of land uses within areas so that people can be encouraged to minimise journey lengths for employment, hopping, leisure, education and other activities.

The Luton Local Plan

53. Policy KR1 supports the creation of retail facilities to meet the needs of the immediate locality and bulky-goods retail on differing constituent elements of the site as identified on the Proposals Map. . 54. Policy S1 of the Local Plan sets out the retail strategy for development within the town which requires the application of a sequential test for main town centre uses that are not in an existing centre. The Policy also includes:- the requirement that an assessment is undertaken on the impact of the development on the viability and vitality of other shopping policy areas in the Borough; that there is demonstrable need for the development; the benefits of the development outweigh the loss of an existing or potential alternative use; and that the scale and nature of the development is in keeping with the function and character of the area.

Appraisal

Retail (Foodstore)

55. A Retail Study Refresh (2012) commissioned by the Council as part of the emerging plan preparatory work and carried out by White Young Green (WYG) identifies that the town centre currently has a relatively weak convenience goods offer for a centre the size of its catchment. Accordingly the need for a large town centre foodstore that is capable of principally meeting main food shopping needs remains critical for the central area. Outside of the central area, the Study identifies that a number of the main foodstores exhibit significant levels of overtrading, which is an indication of qualitative need for additional facilities in order to overcome congested shopping environments.

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56. In accordance with NPPF guidance and that of Policy S1 of the Luton Local Plan, the RIA accompanying the application includes a sequential test, which considers two town centre sites which are placed higher up in the retail hierarchy, namely Power Court and the Northern Gateway. Both of these sites have been discounted as being appropriate at this time, and in such instances national policy requires an explanation as to why such sites are not considered to be practical alternatives in terms of their availability, suitability and viability. Retail studies commissioned by the Council nevertheless suggest that the town centre is a preferred location for a large foodstore with options for location including the Northern Gateway and Power Court. The studies nevertheless recognises the scope for further capacity to be addressed outside the town centre.

57. In the case of Power Court, the applicant acknowledges that the site is capable of accommodating a significant amount of retail floorspace amongst a wider mixed use development, but that this should be comparison goods-led retail in order to bolster the strength and draw to the centre. In contrast, the WYG identifies Power Court as a potential appropriate location for convenience goods retail development to serve the recognised town centre need. Power Court is both currently available and suitable but development viability is a recognised issue. The sustained, lower economic climate has prevented the development of this site for a number of years, and whilst a foodstore has been considered as part of wider developments of the site, appropriate adjoining uses that can achieve a positive economic return have not come forward resulting in regeneration opportunities being stalled. Power Court nevertheless remains an appropriate location for convenience retail development alongside an element of comparison floorspace.

58. With respect to the Northern Gateway site, the applicant‟s view is that this site is likely to be unsuitable for a foodstore and potentially unviable given that it has physical and heritage related constraints. This view accords with the assessment of that site in the WYG Study, which identifies that the physical and heritage constraints surrounding the Northern Gateway are likely to render it unsuitable and potentially unviable as a location for convenience retail led redevelopment.

59. In consequence the applicant‟s view is that there appears to be no other appropriate “in-centre” sites and there are no identified “edge-of-centre” sites capable of offering a suitable location to accommodate a foodstore. Accordingly out-of-centre sites could be considered for appropriateness. The site at Napier Park is available and viable, with the foodstore being the catalyst for the whole development. The issue of suitability nevertheless is an important consideration. The WYG Study addresses retail provision at Napier Park and advises that the Council needs to

8/32 carefully weigh up the acceptability of modest retail at Napier Park against NPPF guidance as a foodstore at the application site has the potential to undermine the delivery of retail floorspace at sequentially preferable sites, as the retail catchments may overlap. It nevertheless acknowledges that Napier Park represents one of the most important regeneration sites within the borough for a major mixed use development in a highly sustainable location. Within this context, it therefore advises that a modest amount of convenience retail floorspace will be appropriate to provide for the day to day requirements of both the future workers generated by the employment uses proposed as part of the development and the new residential population and to make this important scheme viable.

60. Based on evidence it has been long-established that existing facilities within the borough have been overtrading (particularly Sainsbury at Bramingham and Asda at Wigmore) resulting in a demonstrable need for additional convenience floorspace in the town to generate greater competition and choice. The WYG report highlights retail capacity to accommodate 3,702 sq. metres net of additional floorspace in 2012, rising to:

 5,204 sq. metres net in 2017;  6,315 sq. metres net in 2021;  7,401 sq. metres net in 2026 and;  8,368 sq. metres net in 2031

61. With an anticipated opening for mid-2015, the foodstore at Napier Park would meet some of the convenience retail floorspace need identified for the period 2012 to 2017, with suitable remaining capacity capable of taking additional provision within a town centre site, should it become available in that period. With the exception of the Purley Centre at Marsh Farm (earmarked for upgrade to a district centre in the future) there are no more suitable sites within existing centres capable of achieving a similar offer of convenience retail provision.

62. Whilst parts of the target catchment of Napier Park may result in some overlapping with any town centre provision that may come forward, arguments exist to suggest that the two could operate successfully. Any town centre provision is likely to provide a larger offer with a significant level of comparison goods floorspace to complement its function and will more than likely be located amongst a range of other uses. Accordingly it is anticipated to have a wider catchment beyond areas immediately surrounding the central area as it will create a different type of trip than the traditional “food shop”. The town centre functions extremely well despite the absence of any significant convenience floorspace, and this suggests that a town centre-based foodstore would benefit from significant linked trips with town centre visitors. Napier Park is considered to be suitably

8/33 detached from the town centre and will be more attractive to shoppers making specific convenience related trips (i.e. weekly food shop, top-up basket shopping). The foodstore proposed will be of a size that will naturally restrict the comparison floorspace available to shoppers, making it more attractive to the population local to the site and it will provide alternative choice and competition to a catchment area, which is currently served by a single, overtrading facility in the form of Asda at Wigmore Lane. The RIA accompanying the application assesses the potential impact of the proposed foodstore at Napier Park on the Town Centre and on the district centres at Wigmore, Bury Park, Marsh Road and Sundon Park and has included the Sainsbury‟s store at Bramingham. The assessment represents a worst case scenario of impact and the conclusions of that study indicate that the impact would not be detrimental to the existing provisions elsewhere in the town. The argument exists therefore that the Napier Park site could be considered suitable for convenience floorspace in line with that proposed as part of the application.

63. A representation objecting to the proposal for a foodstore on the application site has been received on behalf of the owners of a site off Gipsy Lane (“The Brache”). The objections consider that the Gipsy Lane site is superior to Napier Park and should therefore have been considered as part of the applicant‟s Sequential Test. The content of the response has been considered in detail and can be found at Appendix B of this report, but generally it has found that, strategically the site at Gipsy Lane is very similar to the application site offering comparable connectivity with the town centre and comparable linked trips and would serve not that dissimilar catchment areas. The main distinction between the two sites is that Napier Park is a site designated for major economic regeneration, incorporating a mix of uses, which will create a new piece of urban townscape. A foodstore is recognised as being a catalyst use that will encourage economic regeneration and the site has the potential to create a new centre to serve a local and wider need and has been supported on this basis by the WYG study for the reasons set out at paragraph 58 above. In contrast the Gipsy Lane site has no specific land designation to support its acceptability or suitability to accommodate a foodstore at that site currently. Therefore its inclusion within the sequential test is not considered to be necessary to determine the acceptability of the proposal at Napier Park.

Retail (other A1 to A5)

64. The retail provision on offer outside of the foodstore amounts to 4,080 sq. metres with a maximum of 1,000sq. metres being utilised for comparison goods retail. There will be no additional convenience retail over and above that provided by the foodstore and the applicant is amenable to the

8/34 suggestion of a condition restricting this. The remaining retail floorspace (3,080 sq. metres) will provide A1 service retail (e.g. health and beauty, hairdressers, travel agents etc) and a range of A2 to A5 uses to compliment the foodstore and to serve the new population and areas adjoining at St Anne‟s.

65. An assessment of impact of the additional comparison goods floorspace has been carried out in the RIA, which compares the projected expenditure generated by the proposed development against the expenditure within the town centre. The study concludes that even if 100% of the trade was diverted from the town centre to the new floorspace proposed by the development the impact would only be minimal and the town centre would be unaffected. As previously referred to Power Court and the Northern gateway offer a significant opportunity for additional comparison goods floorspace, which will further reinforce the strength of the Town Centre. The WYG report recognises that beyond this anticipated provision there is likely to be additional surplus capacity to support new retail floorspace beyond the town centre, referring to neighbourhood and district centres.

66. The WYG study indicates that convenience retail floorspace will be appropriate to provide for day to day local needs and to make this important scheme viable. In that sense the spirit of the objectives of KR1 are addressed, notwithstanding those needs were not expected to be addressed in the part of the site now proposed. It also has to be recognised that the scale of retail now proposed will serve beyond the needs of the host development. The applicant‟s RIA indicates that the development will have no impact on the town centre. However, this needs to be balanced by counter arguments that it may have a negative impact on the delivery of more sequentially preferable sites. Whilst the Council‟s own retail studies have recognised that the provision of convenience shopping is critical to the viability and delivery of the site, the justification for providing convenience retail floorpsace on this site is largely based on the premises that its purpose is to provide for the day to day needs arising as a result of the development. All of those issues are important material considerations to take into account. They play an important role in seeking to ensure that the quantum of retail is appropriately controlled so that the retail policies of the local plan are not materially undermined. In this regard, the imposition of an upper limit of 2555 square metres net supermarket floorspace is considered essential if an optimal balance between these seemingly competing objectives is to be achieved. For similar reasons, if the level of convenience store floorspace is to be justified on the basis of the day to day needs of the development being served, then it is considered appropriate that a proportion of that development should be completed before the foodstore commences trading. Otherwise, there is the risk that the foodstore could commence

8/35 trading without the necessary supporting development which justifies its very existence being in place. In that context, Members may consider that the completion of at least 160 dwellings (i.e. 25.6% of the total no. of dwelling units proposed) is an appropriate proportion of residential supporting development to be in place. Retail provision has been highlighted as the principal catalyst by which the regeneration of this important major urban brownfield site can be started, the benefits of which will provide a major economic boost to the town‟s economy and contribute to providing an attractive, active and vibrant settlement within the town in which people will want to live, work and socialise. Therefore subject to the imposition of appropriate controls to safeguard adopted retail policy, the inclusion of this element of retail is deemed satisfactory.

Employment

The Proposal

67. The application proposes approximately 7.95 hectares of employment land, which is located across three separate parcels identified as plots 2, 6 & 7. The total floorspace to be created would be 30,150 sq. metres (324,542 sq. feet) of B1 offices and 16,500 sq. metres (177,610 sq. feet) of B21 and B8 (industrial/storage and distribution).

68. Plot 2 is located within the northeast corner of Stirling Place, adjacent to Kimpton Road (to the north) and the main pedestrian thoroughfare between Napier Park and the northern entrance to Parkway Station. Plot 2 will provide up to 4,800 sq. metres of B1 offices, with building height(s) shown to be between 12 to 30 metres. The site is currently 2 metres below the level of Kimpton Road.

69. Plot 6 is located on the eastern side of Napier Park, on the relatively flat surface of the concrete slab of the former car plant. Plot 6 is to accommodate up to 23,530 sq. metres of B1 offices, within a maximum of 5 buildings, with building heights shown to be between 6 metres and 19 metres. Plot 6 will also accommodate an appropriate level of surface car parking to serve the office development.

70. Plot 7 is located in the northeastern corner of Napier Park, immediately adjacent to Plot 6 (to the southwest). This plot will accommodate two buildings for B2 industrial use and/or B8 storage and distribution use with associated car parking and, if required loading areas. This plot is separated from residential use at Plot 8 by the steep tree lined bank, resulting in the employment land being some 18.5 metres below the level of the residential use. Building heights are shown to be between 6 metres and 19 metres. This plot also accommodates an existing basement, which is to be utilised to provide up to 615 car parking spaces. This basement

8/36 has an area of 24,000 sq. metres and has a depth of 8 metres below ground level.

71. The planning statement suggests that the employment (B1/B2 and/or B8) floorspace provided on site could provide up to 3,150 jobs.

Policy Context

NPPF

72. Economic growth is explicitly encouraged through the NPPF, reflecting the previous guidance of PPS4; with suitable safeguards to protect the environment from risks of pollution and degradation. The combination of employment uses with other land uses, including residential, provides for the type of mixed-use development seen by government policy as a key contributor to the delivery of sustainable development.

The Luton Local Plan

73. The Local Plan explains that the key aim of the redevelopment of the site is to deliver jobs in order to strengthen the economy of the town, and the provision of employment uses within the site clearly accords with that aim. The supporting text to Policy KR1 indicates that, although particular weight is placed on delivering business and industrial employment uses, jobs created in association with other land uses will also be taken into consideration.

Appraisal

74. The allocation of employment land within the site accords with the overall strategy for the disposition of land uses identified in Policy KR1.

Hotel

The Proposal

75. The application proposes up to two hotels providing a total of up to 240 rooms.

76. One of the hotels will be allocated within Plot 1 at Stirling Place, which will comprise a maximum floor area of 5,400 sq. metres and will accommodate up to 90 beds. Given the location there is potential that this hotel will integrate with the proposed Casino and/or ancillary A1-A5 retail. The building height details submitted for determination envisage buildings of between 3 metres and 18 metres in height.

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77. The other hotel will be allocated within Plot 4, which is at Napier Park and will comprise a maximum floor area of 9,800 sq. metres. This plot is located to the southeast of the site adjacent to Napier Square and the proposed foodstore. The building will also have the potential to accommodate A1-A5 retail. The building height details envisage a building of between 9 metres and 21 metres in height.

78. The submitted details estimate that 98 net jobs could be generated by this element of the proposal.

Policy Context

NPPF

79. The NPPF advises that when considering proposals for main town centre uses in out of centre locations, preference should be given to accessible sites that are well connected to the town centre. Similarly to retail development, the NPPF advises that where local policy does not provide guidance, impact assessments are required for leisure development schemes above 2,500 sq. metres, which should consider a 10-year period of impact for major developments in order to appreciate its long-term effects. Such assessments must also consider the impact on planned public and private investment in existing centres within the catchment of proposed development.

The Luton Local Plan

80. Policy KR1 facilitates the provision of a hotel on land designated as Area 1 on the Local Plan Proposals Map.

81. The area of land accommodating Stirling Place is designated as a Key Employment Area on the Local Plan proposals map, and thus this element of the development would represent a departure from that plan.

Appraisal

82. The allocation of land for a hotel within the Napier Park site accords with the overall strategy for the disposition of land uses identified in Policy KR1

83. With regards to the hotel provision proposed for Stirling Place, there is an argument that some hotel provision would be intrinsically linked to the proposed Casino which, it is proposed, will serve a wider regionally based need as opposed to a local need. The location of the development is suitable as it is well connected to the town centre by both rail and bus and is within 1.6km of the town centre, which is a suitable walking distance

8/38 away. Consideration has to also be given to the proximity of London Luton Airport, which is only 1.3km to the northeast, which is also served by the Luton-Dunstable Busway, as well as a series of shuttle buses that run from Parkway Station.

84. Notwithstanding the specific land allocations identified in the Local Plan and on the Proposals Map, as has been previously mentioned in the report the economic climate surrounding the town and the aspirations for the area have shifted to encourage a greater mix of uses across the site. Opportunities for expanding the types of uses have been strengthened by the creation of a northern link to Parkway station and the erection of a hotel on land immediately to the west of Stirling Place indicates the growing shift in character of the site‟s immediate surroundings. The NPPF seeks planning policies to aim for a balance of land uses within their area so that people can be encouraged to minimise journey lengths for, amongst other things, employment, shopping and leisure, and the provision of a hotel amongst the other proposed land-uses would be consistent with this approach.

Casino

The Proposal

85. The application proposes a casino building of up to 2,500sq. metres (26,910sq.ft), which will be accommodated within Plot 1 at Stirling Place. The plans envisage that this will compliment the leisure and hotel development proposed in the same location.

86. Luton Borough Council was awarded a “Small Casino” licence in 2008. A small casino is a casino in which the combined floor area of those parts of the casino which are used to providing facilities for gambling is at least 500 square metres but less than 1500 square metres. The table gaming area itself must be at least 500 square metres, and may comprise a number of separate areas.

87. Whilst the overall building is bigger than the aforementioned restrictions the floor area to be used for gambling could be accommodated within it in order to fall within this category. The planning statement accompanying the application states that a casino of this size will cater largely for hotel and airport users, covering national and international travellers, identifying that this would be a markedly different client profile to the smaller casinos that are already present elsewhere in the town.

88. The Casino will generate significant levels of employment and in particular will create a number of skilled management level and technology based jobs.

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Policy Context

NPPF

89. The NPPF advises that when considering proposals for main town centre uses in out of centre locations, preference should be given to accessible sites that are well connected to the town centre. Where local policy does not provide guidance, impact assessments are required for leisure development schemes above 2,500 sq. metres, which should consider a 10-year period of impact for major developments in order to appreciate its long-term effects. Such assessments must consider the impact on planned public and private investment in existing centres within the catchment of proposed development.

The Luton Local Plan

90. The area of land accommodating Stirling Place is designated as a Key Employment Area on the Local Plan proposals map, and thus this element of the development would represent a departure from that plan.

91. Policy EM1 seeks to protect designated Key Employment Areas for uses that are compatible with the character of the area.

92. Policy LC4 relates to new and extended community facilities and states that planning permission for such facilities will be granted provided that:-

 a demonstrable need is established, and the facility is well related to the area it serves; and  b it would not adversely affect the viability and vitality of a shopping centre; and  c there would be no unacceptable effect on the amenity of any surrounding residential dwellings and other uses; and  d it does not take land either in or allocated for other uses, unless it is demonstrated that the need for the facility outweighs that for the existing or allocated use

Appraisal

93. Planning policy is a material consideration, and in this case, it is important that the criteria contained within Policy LC4 are addressed, the four strands of which are referred to above:

Criterion A: Demonstrable Need

8/40 94. The Gambling Act 2005 revised many regulations relating to gambling in England and the final revision of the act permits the provision of one “regional” casino, eight “large” casinos and eight “small” casinos in response to the needs identified across the country. The Casino Advisory Panel recommended the appropriate locations for various sized casinos, with Luton being recommended and awarded for a licence for a small casino. Contributory factors in the decision making process for the award of a licence were linked to regeneration benefits, access to catchment populations and the availability of suitable sites.

95. The government has recognised the potential for casinos to generate positive regeneration and economic benefits through the development of an international brand, which; attracts visitors and expenditure to a location; creates a wide range of associated jobs; physical regeneration to a location through the generation of income and; increased tourism, linked to associated hotel development, which will encourage overnight stays.

96. Strategically the site is excellently located. It is sustainably served by both Luton Parkway station and by the Luton and Dunstable Busway, which immediately increases its appeal to a wider catchment. Assessment of the previous application for Napier Park in 2006 (which also included a Casino) identified that, at that time, the application site had a catchment of 27 million people within a 2 hour travel time. The site is less than 30 minutes by train from London and an hour from the Midlands. It is 15 minutes drive from the M25 and 5 minutes from the M1. Coupled with attached hotel provision the facility would be an attractive draw to both “day-trips” and overnight stays and would raise Luton‟s profile as a regional centre. Furthermore its close proximity to the airport would improve the range of facilities available to international travellers, which would serve to raise the profile of the town further.

97. The regeneration and employment growth associated by such a provision, together with the government awarding the town a small licence is considered to justify that there is a local and regional need for such a facility.

Criterion B: The effect on the vitality and viability of a shopping centre

98. The proposed casino would not detract from the shopping role of any existing nearby centre.

Criterion C: The impact on any surrounding residential dwellings and other uses

99. The nearest residential properties to the site of the casino are those located in Ketton Close, some 500 metres away to the northwest and

8/41 approximately 30 metres higher than the level of Stirling Place. Given the distance and topography involved it is unlikely that a Casino will result in any adverse effect on the living environment of these properties. This will be further reinforced through the intended development of the land in between the two areas, which will offer suitable mitigation.

Criterion D: It does not take land either in or allocated for other uses, unless it is demonstrated that the need for the facility outweighs that for the existing or allocated use

100. The site is identified as being a Key Employment Area on the Local Plan proposals map, and as such the area should be safeguarded for employment uses (predominantly B1, B2 and B8) and Local Plan Policy EM1 applies to development proposals in such sites. Paragraph E of the policy supports the principle of uses that are not classified in the Use Classes Order, provided that they are not out of character with the function of the area.

101. Whilst its policies are relevant and still carry due weight, the Local Plan is now over 10 years old. In that time there has been a noticeable shift in the character of the immediate area. Part of the Key Employment land adjacent to Stirling Place has already been redeveloped for a new Hotel (Hampton) and Napier Park is designated to be redeveloped for a range of different uses, some of which fall outside of the typical B1, B2 and B8 employment uses. It should be recognised that the overall development of the Stirling Place site does propose to maintain some element of typical employment use in the form of B1 offices, but the uses considered appropriate on the Napier Park site by virtue of Policy KR1 are a material consideration as the make up of these uses would further alter the character of the area. As previously mentioned a demonstrable need exists in the town for a Casino and the loss of part of the Key Employment site (for the Hampton Hotel) is considered to have weakened its role for delivering such specific appropriate uses. With this in mind it is appropriate to consider flexibility in uses that can expand across to the Stirling Place element of the application site in order to achieve a successful development of the land and an appropriate regeneration of the area.

102. A casino offers a unique facility and in this particular case that facility is anticipated to target hotel and airport users as its predominant customer base. Given its proximity to the airport and associated transport links other nearby centres are not considered to offer the same strategic links and as such it is unlikely that there will be any adverse impact on planned public and private investment in existing centres within the borough. There is existing casino provision within the town centre, but this is considered to provide a different offer to that proposed and in turn will serve a

8/42 predominantly different clientele. Accordingly the proposed casino is considered to be acceptable and in compliance with both local and national planning policy.

103. Following the award of a small casino licence to Luton in 2008, four applications were received with one of those being made by Saxon Investments for the site at Stirling Place. It has however come to light, that this application was withdrawn after Stage 1 of the selection process, and the Council‟s Casino Project Officer has indicated that this site has now relinquished any chance of being awarded the “Small Casino” licence. Therefore notwithstanding the suitability of the site to accommodate such a facility, it may be that this element of the proposal will not materialise.

Transportation

The Proposal

104. Having regard to the range of issues to be addressed under this heading, the following topic headings are proposed:

 Vehicular Access  Sustainable Travel  Parking  Highway Impact

Vehicular Access

105. The application involves the submission of detailed matters of design in relation to the vehicular access points that will lead into Napier Park and Stirling Place from the Kimpton Road highway.

106. The principal access into Napier Park vehicular access would be in the form of a new traffic signalled-controlled “T” junction onto Kimpton Road, which would be positioned approximately 107 metres to the southeast of the site access into the former car plant.

107. Stirling Place will be accessed via a new traffic signal controlled crossroads, located approximately 225 metres to the east of the proposed access into Napier Park. The proposed junction would be opposite the existing access road leading into I.B.C, which would be incorporated into the crossroads and the Transport Assessment suggests that General Motors are generally supportive of this proposal.

108. Some secondary accesses are indicated on the plan which would access parking areas associated with the hotel at Plot 4 and residential apartments at Plot 10. However these will be subject to future detailed

8/43 approval. The Plot 4 access is indicated to be approximately 52 metres to the southeast of the principal access into Napier Park and the Plot 10 access is indicated to be approximately 70 metres to the northwest.

Sustainable Travel

109. Both the Planning Statement and Transport Assessment that accompanying the application indicate that a development-wide Travel Plan will be implemented for all elements of the scheme and this plan will include for the appointment of a Travel Co-ordinator for the site and individual Travel Plan Managers for each element of the scheme. A web site will be created to assist and advertise the plan and provide travel information. A development-wide car sharing scheme will also operate in order to minimise the level of single-occupancy trips to and from the site.

Walking and Cycling

110. The location of the site is sustainable and the format of the surrounding highway network as existing encourages walking and cycling. A shared footway/cycleway of 3 metres width is proposed along the Kimpton Road frontage of Napier Park, which will link the existing town centre cycle route to Luton Parkway Station via Napier Park. A footway of approximately 2.3 metres in width is intended on the opposite side of Kimpton Road, which will improve safety and connectivity to the south, east and west. There are shared pedestrian/cycle paths in close proximity to the site but none which service it at present.

111. The development proposes to utilise an existing pedestrian link between Napier Park and Devon Road, which will improve connectivity with the wider area. This link will be improved through resurfacing and improved street lighting and the arrangement of housing in this location to overlook it will create natural surveillance. This link will form the start of a primary pedestrian link through the site which terminates at the Parkway Station access on the northern side of the railway line at Stirling Place. The link will pass through the residential heart space at Napier Green, through the public square at Napier Square, past the foodstore and over a widened pedestrian crossing across Kimpton Road leading into Stirling Place. There are significant level changes across the route, and it is proposed that these will be navigated through gentle slopes, ramps, steps and a lift adjacent the foodstore area to enable access for all members of the community.

112. In addition to the primary pedestrian link the following measures will be implemented to improve and encourage walking and cycling:

8/44  A comprehensive network of illuminated pedestrian/cycle routes through the development that would connect with the existing facilities on Kimpton Road and Devon Road area  Full demand-responsive pedestrian and cycle facilities at the main site access and in the vicinity of Stirling Place  Clearly legible public realm and display signage erected for ease of movement  Secure and well-lit cycle parking to be provided at key destinations  The provision of shower and changing facilities within all employment areas  Provision of suitable cycle storage within residential apartment buildings  Provision of Information boards, induction packs and the creation of a Bicycle User Group

Public Transport

113. The site is well-serviced by both bus and rail and measures are proposed to encourage travel by these more sustainable modes of transport, which link the site to the town centre and wider area. Bus priority measures are proposed along Kimpton Road, which are aimed at encouraging wider use of the Luton-Dunstable Guided Busway and the creation of a wide pedestrian crossing across Kimpton Road will link Napier Park to the Parkway Station access on the northern side of the railway line at Stirling Place.

Parking

114. The Transport Statement indicates that the development seeks a maximum of 2,089 spaces across the site to serve the various land uses.

115. At Stirling Place a small element of surface parking and a new 330 space multi-storey car park would be provided within Plot 1, which would serve the leisure and retail elements also on this plot, the commercial element on Plot 2, the general needs of visitors to the area and potentially commuter parking. The submitted details provide little clarification of the purpose, allocation or management of the car park and this does give rise to some issues of concern. As a matter of principle, a car park intended to serve the development to which it relates is considered to be acceptable. However, a car park for potential use as commuter car parking is more problematic, given the proximity of the car park at the Parkway Station on the opposite side of the mainline railway. As no justification is provided for a further need for commuter parking in this location, it is considered that this possible future purpose would require further scrutiny and control. Given that this element of the proposal is in outline form, it is considered

8/45 that the imposition of a condition requiring further clarification of the purpose, operation and management of the car park is both reasonable and necessary.

116. At Napier Park, the foodstore element of the proposal will have its own surface level car park (and associated service area), which will accommodate up to 250 parking spaces (Plot 3). The hotel in this location (Plot 4) will have a small element of associated parking, some of which could be undercroft, dependent on building design. The employment uses (offices/industrial) to the northeast (Plots 6 and 7) will benefit from surface car parking and from the existing basement (under Plot 7), which will have a maximum capacity of 615 spaces. The residential element on Plots 8, 9 and 10 will be provided on-site in the form of traditional driveways and some on-street parking may be provided. In order to take advantage of the level changes within the site and to provide a parking solution that does not impact negatively on the streetscape, two undercroft and basement areas are proposed within Plot 10, which will accommodate a maximum of 85 and 100 spaces.

117. The Transport Assessment indicates that the development proposes a total of 509 cycle parking spaces across the site to serve the various land uses. However the final quantum and ways in which this will be delivered on site will be subject to the final detailed design of individual uses.

Highway Impact

118. The Transport Assessment that accompanies the application has assessed the impact of the development on highway junctions local to the site and of the nine junctions assessed it has identified that the development would have a material impact on the following:

 Kimpton Rd/Windmill Rd mini-roundabout  Windmill Rd/Park Viaduct/Crawley Green Rd roundabout  M1 J10a

119. The Assessment acknowledges that each of these junctions would require mitigation through an appropriate financial contribution, which would go towards their improvements.

Policy Context

NPPF

120. There are three dimensions to sustainable development as described by the NPPF, namely an economic; a social and; an environmental role. In order to achieve sustainable development the NPPF has a set of 12 core

8/46 planning principles and of particular relevance to transport is principle 11, which states that “planning should…actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling, and focus significant development in locations which are or can be made sustainable.”

121. It advises that all developments that generate large amounts of traffic movements should be supported by a suitable Transport Statement or Transport Assessment.

The Luton Local Plan

122. The thrust of national planning policy is reflected in the section of transportation policies saved in the Luton Local Plan, and the policies of relevance in this respect are T2 (Location policy); T3 (Traffic implications of development); T5 (Translink (now known as Luton-Dunstable Busway)); T8 (Walking and cycling) and; T13 (Parking).

The Luton Local Transport Plan 3 (2011-2026)

123. The Luton Local Transport Plan (2011-2026) was adopted in March 2011 and sets out a vision to make Luton a safer place in which to live, work, learn and have fun. In order to achieve this the goals are to provide an integrated, safe, accessible and more sustainable transport system, which supports the economic regeneration and prosperity of the conurbation and the planned growth of the sub-region; enhances the environment and; generally improves the health and quality of life of the community.

Appraisal

124. The local Highway Authority is generally satisfied with the information contained in the TA and has commented that the detailed access arrangements onto Kimpton Road from both Napier Park and Stirling Place are acceptable. The application package submitted by the applicant puts a strong emphasis on the sustainability credentials of the site and this has been welcomed.

125. The previous development proposals for Napier Park that were approved in 2006 were reliant on the completion of both East Luton Corridor (ELC) and the Luton-Dunstable Busway. In the time since that approval both of these major transport schemes have been completed and are in full operation. With specific reference to the Busway, planning permission was

8/47 granted in 2008 to re-divert the approved route so that it turned left at its junction with Kimpton Road to take in the proposed redevelopment of Napier Park and is amongst a number of bus services which serve the Kimpton Road area in close proximity to the application site.

126. The previously approved application also considered it a necessity that a pedestrian link was created from Napier Park to the Parkway Station on the basis that it was reliant on non-car modes of transport. Prior to the submission of this application, a northern link was created, with a designated boulevard intended to link the two sites with Parkway (albeit of a temporary nature). Accordingly three fundamental elements of infrastructure have been completed and were operational prior to the application being submitted. This is considered a welcomed improvement as the application details indicate a similar aspiration to be less reliant on the private car.

127. The boulevard leading into Parkway Station from Kimpton Road will be upgraded as part of the redevelopment of Stirling Place, which will also include a “Station Square” a public space aimed at creating vibrancy and vitality on arrival into the development. The redevelopment of Stirling Place also seeks to create a bus interchange, which will provide direct access to the Station, and the Highways Authority has also explored the potential for improving the wider transport network by utilising an existing tunnel in close proximity which goes under the railway line. By creating a bus link through that tunnel from Stirling Place it would create an anti- clockwise link with the airport for buses and would allow for an existing signalised “right-turn” bus priority lane on the Airport Way to be removed, which in turn will increase capacity significantly.

128. In broad terms the anticipated traffic levels generated by the development is around 60% of the level of the previously consented scheme for Napier Park. This will however, require some mitigation of the impact on some highway junctions and, in accordance with the TA those junctions are identified above in the “Highway Impact” sub-section. To reinforce the sustainability credentials of the site, the Highways Authority has requested a contribution, which seeks to improve connectivity of cyclists. A S278 Agreement under the Highways Act will secure the works which run the extent of site‟s frontage onto Kimpton Road (which will include shared cycle/pedestrian links and a priority bus lane), but the additional funding sought through S106 will allow for the extension of the cycle links so that it will link up with existing routes to the east and west. The S106 requests related to transportation are addressed in further detail in the “Planning Obligations” section of the report.

8/48 129. Whilst only indicative at this stage, there is some concern about connectivity within the site and the challenges that are being presented by the topography. Despite the applicant‟s indication that the main pedestrian link will be navigated through gentle slopes, ramps, steps and a lift, the Highways Authority has expressed concern that in places, the incorporation of slopes and ramps may not be achievable, thus resulting in concerns with DDA compliance. It is essential that connectivity within the site accommodates all members of the community and as a result, the consultation response has been forwarded to the applicant, so that these issues can be addressed in any later submission of detailed matters should permission be granted in this instance.

130. The Highways Agency has been involved in discussions with the applicant‟s Highway Consultants since the submission of the application, with those discussions concerning the potential for the development to impact on the function of Junction 10A of the M1 (J10A) and its associated improvement works. Those works to J10A have now been approved and development is expected to commence in the near future. The Highways Agency have issued a consultation response indicating that they are satisfied with the details submitted and would support the proposals subject to the implementation of two conditions relating to a fall-back position on the impact on J10A in the event that the improvement works are not delivered, and to a review of the proposed Framework Travel Plan.

Open Space

The Proposal

131. The application documents propose that a two-tiered approach to landscaping will be taken.

132. Local level open space will be provided at various locations on site, with primary areas of open space to include the public squares at „Napier Square‟ (2,400 sq. metres) and Stirling Place (900 sq. metres) and formal open space at the heart of the residential area (Plot 9) identified as „Napier Green‟ (1,450 sq. metres). These three primary spaces will be connected via a designated pedestrian spine, which will provide an important legible and accessible walking route from Parkway station through to Napier Green.

133. A series of incidental spaces will supplement those primary areas in the form of large and small play spaces and the creation of a „trim trail‟ through the use of existing landscaping features on the site. Using the figures specified in the application, these spaces would create a minimum total of 2,670 sq. metres of play space in addition to that created by the

8/49 primary areas. The quantum and characteristics of the incidental spaces are as follows:

 4 x Large Play Spaces (spaces of between 400 to 550 sq. metres in area providing play equipment and seating)  8 x Small Play Spaces (spaces of between 100 to 300 sq. metres in area providing engaging play features and seating)  9 x „Trim trail‟ Spaces (spaces of between 30 to 40 sq. metres in area providing outdoor gym equipment)

134. The Planning Statement accompanying the application specifies an area of some 5.8 hectares of open space being provided within the application site. However it should be explained that this figure includes highways (and accompanying footpaths), undeveloped space about buildings and also the significant dominating tree belt, which due to its significant gradient, will not be accessible or practical to offer open space of useable recreation, but will offer some visual amenity value. The total useable area of recreation space being provided (in the form of those aforementioned spaces) will be approximately 0.74 hectares.

135. The applicant‟s have specified that due to the constrained nature of the site and its general topography, on-site provision of strategic open space is neither appropriate nor viable and therefore exploring a strategy for the improvements to existing open space provision in the vicinity of the application site is proposed. This is to be implemented through financial contributions made as part of a Section 106 agreement and the applicant considers this to be the optimum solution to open space provision as it will meet immediate local needs generated by the development, whilst also benefitting the wider community through the improvement of existing facilities.

Policy Context

NPPF

136. The NPPF advises that access to high quality open spaces and opportunities for sport and recreation can make an important contribution to the health and well-being of communities. One of the 12 core principles of the NPPF is that both plan-making and decision taking should “…take account of and support local strategies to improve health, social and cultural well-being for all, and deliver sufficient community and cultural facilities and services to meet local needs.”

8/50 137. When considering development proposals the NPPF also advises that decisions should ensure an integrated approach to considering the location of housing, economic uses and community facilities and services.

The Luton Local Plan

138. The requirements for open space provision associated with development are set out at policy LC2 of the Local Plan. The policy sets out the requirements for developments where provision is not practicable or viable on-site that involves either the provision of green space elsewhere in a readily accessible location or an appropriate financial or other contribution towards new off-site provision or the enhancement of existing off-site facilities.

Appraisal

139. Provision will be made within the site for up to 7,420 sq. metres of useable open recreation space to meet the needs of future residents and the applicant‟s strategy for the provision of open space, including the principle of making financial contributions in lieu of on-site provision, is considered an acceptable approach, consistent with the objectives of Policy LC2 of the Luton Local Plan.

140. A material consideration with respect to the provision of open space associated with the development relates to those consultation responses received from the Council‟s Parks service and from Sport England.

141. The Parks service has identified a borough-wide deficiency in open space of recreational value and advises that the application site falls short with respect to advised proximities to a Neighbourhood Park (within 600 metres) and a District Park (within 1200 metres). It considers that the ideal scenario for development at Napier Park and Stirling Place would be to provide a Neighbourhood Park facility (of circa 2 hectares in area) on site that provides for robust games and organised sports. Concerns have been raised about the on-site provision proposed in that the offering is deficient in recreational value and the smaller play facilities will be located in a manner that is of limited recreational value and has the potential to make future maintenance more expensive than a single good quality area of play provision. Notwithstanding the foregoing, Parks are amenable to the principle of the strategy proposed by the applicant (i.e. providing some off- site improvements to a nearby facility) in order to compensate for this provision not being available on site.

142. In their response Sport England has acknowledged the difficulties in achieving suitable sports provision on site and, similarly to the Parks service, it is in agreement with the principle of the strategy put forward by

8/51 the applicant. However it has raised a formal objection to the proposed development on the basis that there is no certainty that any financial contribution will be made to the provision of off-site improvements.

143. The previous planning permission for redevelopment of the Napier Park site (05/01095/OUT) identified that improvements to sports provision at nearby Manor Park proportionate to the form of development proposed would be sufficient to cater for the needs that would be arising. In their responses both the Parks service and Sport England have cited this facility as still being an appropriate beneficiary of any such improvement works and in the event that funding is secured via an S106 agreement, Sport England would be in a position to remove its objection.

144. Notwithstanding the two-tiered approach is proposed within the documentation, the viability of the development has indicated that a reduced level of financial contributions will be available and potentially this will mean that none will be provided for off-site improvements. Any decision therefore requires viability to be balanced against the regeneration benefits associated with the redevelopment of the site. This is considered in further detail in the „Planning Obligations‟ sub-section below.

Environmental Impact Assessment

145. As an “Urban Development Project”, the planning application falls within Schedule 2(10)(b) of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2011 (as amended). On this basis the application has required an Environmental Statement (ES). The purpose of the ES is to ensure that the environmental effects of the proposed development are fully considered, together with the economic and social benefits, before the application is determined.

146. The ES is submitted for formal determination as part of the application and is considered under the following headings:

Socio-Economics

147. The assessment concludes that the development will result in either a negligible impact or will result in minor, moderate or substantial beneficial effects. The creation of a significant number of new jobs, new homes, retail floorspace and leisure uses will support and improve the local economy, will contribute to meeting housing needs and will improve the general character of the area. The development will provide local job opportunities that will have the potential to address current unemployment

8/52 levels in Luton and it will add value to the area, which in turn will have a positive impact on viability of development in the town.

148. An area of concern raised in the technical consultations relates to the response from Children and Learning. The figures in the ES concerning pupil yield from the proposed development and existing spare capacity in the surrounding schools is incorrect and out dated and Education officers have indicated that they cannot concur with the statement that there is sufficient capacity in existing schools. Instead the consultation response indicates that the development will have a major impact on schools.

149. The ES suggests that suitable mitigation to the effects on both primary and secondary schools will be through S106 contributions if required but the viability studies associated with the development has indicated that minimal contributions would be available. Any decision therefore requires viability to be balanced against the regeneration benefits generated by a redevelopment of the site. This is considered in further detail in the „Planning Obligations‟ sub-section below.

Transport and Access

150. The main considerations in relation to transport and access impact have been appropriately addressed in the context of the Transportation sub- section above

Air Quality

151. An assessment of the likely effects of the development upon local air quality has been undertaken, which focuses in particular on the effects of potential emissions from construction activities (including dust), as well as emissions from road traffic associated with full occupation of the completed development.

152. The ES acknowledges the potential for dust to be generated as part of the construction process and these are to be addressed in a site-wide Environmental Management Plan (EMP), which would include, amongst other things, the following measures to address the potential effects of dust:

 Dust monitoring at sensitive locations  Damping down surfaces during dry weather  Covering construction materials and stockpiles  Sheeting of material laden vehicles leaving the site  Regular cleaning of frequently used areas  Limiting speed limits within the site

8/53 153. The ES identifies that the construction traffic is anticipated to add to local traffic flows. However specific routes will be mapped out for construction vehicles, which will avoid any sensitive roads so that they avoid exposure of exhaust emissions on sensitive receptors, and large-scale vehicular movements will be avoided during peak travel times.

154. Modelling studies carried out have identified that the traffic generation from the completed development would result in a negligible to (at worst) minor adverse effect on NO2 concentrations. Nevertheless a Travel Plan is proposed which would implement a number of measures to encourage non-car travel and minimise effects of the development on air quality.

155. The Council‟s Environmental Protection service has not raised any concerns about air-quality.

Noise and Vibration

156. The ES acknowledges that as a result of the construction, there will be impacts on noise and vibration occurring on existing receptors closest to the site. In addition it acknowledges that based on the proposed phasing plan, there will be potential for early occupants of the development to be affected in a similar way. As a result a range of “Best Practice Control” measures will be included in the site-wide EMP, which would adhere to the relevant British standards. Notwithstanding the inclusion of these measures the ES accepts that residents of completed early stages would experience moderate adverse effects whilst the remainder of construction work is completed. It is considered that this minor adverse and temporary noise and vibration impact will be off set by the longer term benefits arising from the development.

157. It is considered that the scheme will have a negligible noise and vibration impact upon future residents and users of the site. A reasonable noise environment will be developed within the dwellings and other noise sensitive uses at the detailed design stage.

158. The Council‟s Environmental Protection service is concerned about the Masterplan layout and the proximity of residential properties to industrial units. Consideration also has to be given to the site‟s proximity to the airport and the potential for aircraft noise to become an issue on any living environment to be created. A covenant line has been drawn through the site (imposed by General Motors when the site was sold), which seeks to protect the existing commercial uses at I.B.C from potential future noise complaints within new homes created on the site. This covenant line has been used to define the Masterplan layout of the site and has not been

8/54 breached as far as residential uses are concerned. In accordance with the consultation response received from Environmental Protection further details are sought on appropriate mitigation measures to be incorporated into the new homes proposed to protect against the impact of noise and vibration associated with the industrial units and also from air, rail and road.

Townscape and Visual Effects

159. This heading considers the sensitivity of the area in terms of urban form and assesses the likely degree of impact of the proposed development on elements of urban character and townscape interest. As part of the ES, an assessment has been undertaken to determine the effects of the proposed development on the existing townscape and a series of accurate Computer Generated Images (CGI‟s) have been produced to provide a representation of maximum and minimum building heights in the locations specified on the parameter plans. As many as 12 viewpoints have been considered in the assessment providing a suitable range of local and wider views into the site.

160. The study considers the proximity of the development to the Grade II listed “Chambers” building particularly the Stirling Place site which adjoins its southeast and southwest boundaries. It acknowledges that there will potentially be a moderate adverse impact caused on the setting of the listed building during the construction period, but this will only be for a temporary period. There is a duty to have regard to the impact of development on the setting of a listed building and in this context, it is agreed that the effects are short term in nature with otherwise no resultant material harm. There are appropriate conditions contained within the recommendation to ensure mitigation techniques during the construction period reduce negative impacts as far as practicable.

161. The assessment has assessed the impact of the development on the surrounding countryside and the Luton Hoo Estate ( a historic park and garden) and acknowledges that there is very little visual connectivity between this and the application site and the impact of the development on the setting of the Estate would be negligible. The CGI‟s included in the ES provide evidence to support this conclusion. There is a duty to have regard to the impact of development on the setting of a historic park and garden and in this context, it is agreed that minimal visual harm will arise.

162. It is accepted that the development will result in permanent changes to the character and visual amenity of the townscape once the development has been completed, but this is considered to enhance character areas and create a gradual transition between residential areas and commercial areas than is currently the case. Accordingly it is agreed that given the

8/55 magnitude of change proposed, the long term effects of the development would be of negligible to minor beneficial significance on the local townscape.

163. Using the maximum building height details in order to assess the visual impact of the development allows for the evaluation of a worst case scenario. The general height of buildings is not considered to adversely affect the visual context in which the assessment has been based. It is nevertheless important to note that, in this context, views for the purpose of the assessment are from external spaces within the public domain and not from inside buildings or private spaces. Therefore, the impact of the development, in terms of the relationship to adjoining buildings, particularly the established housing to the north of the site, lies outside the scope of the ES. Where necessary therefore, it is intended to impose conditions to regulate the Masterplan arrangement of buildings to provide reasonable mitigation against the impacts on townscape and the amenity of neighbouring residential properties.

Water Resource and Flood Risk

164. A Flood Risk Assessment (FRA) has been carried out as part of the ES, which concludes that the site is in Flood Zone 1 indicating that the site is to be at a low risk of tidal and fluvial flooding. Furthermore, following assessment the flood risk from failure of infrastructure and surface water has been found to be low, but this is subject to mitigation measures being implemented.

165. As much of the site is covered with hardstanding, it will be difficult for water to drain away naturally. Therefore the development would include sustainable drainage measures (SuDS), which would assist in reducing the rate that surface water drains from the site. Typical SuDS methods would include green roofs, permeable paving, soakaways and attenuation tanks.

166. The Environment Agency and Thames Water are generally satisfied with the proposals and have recommended the imposition of appropriate conditions to prevent the increased risk of flooding and to safeguard drainage interests.

Ground Conditions and Contamination

167. Following the previous grant of planning permission on the Napier Park site in 2006, some enabling works commenced, which resulted in the discovery of various elements of land contamination across the site. Based on the findings of further Site Investigations, soil remediation was undertaken in consultation with the Council and the Environment Agency.

8/56 The remediation work was undertaken at Zones 1 to 4 (Plots 3, 4, 5, 8, 9 and 10 of the proposed Masterplan) primarily in 2006 and 2007 and completed in 2009. Stirling Place was subject to some site remediation in 1995 and subsequent investigations in 1995, and more recently in 2007/2008, concluded that the remediation appeared to have been successful.

168. The ES acknowledges that there is potential for ground contamination to be present on parts of the site due to its historical uses. During the construction works, employees and visitors to the site will be subject to a range of health and safety controls required by law with protective and preventative measures being included in the EMP to ensure that contamination risks to underlying soils and ground water would be minimised. Despite much of the site being previously remediated further site investigations and remediation will be required to be undertaken, prior to the commencement of construction. The Environment Agency is generally satisfied with the proposed development but has recommended the imposition of appropriate conditions to prevent the risk of contamination within each phase of the development.

169. The proposed strategy for assessing contamination on the site is anticipated to appropriately reduce environmental risk to acceptable levels. Accordingly the risk posed to future occupants, soils and groundwater would not be significant. There are appropriate conditions contained within the recommendation to ensure that this matter is appropriately controlled.

Ecology

170. An Ecological Survey has been carried out as part of the ES and it revealed evidence of protected bird species Little Ringed Plover nesting on an area of bare ground at Napier Park. What is significant to this bird species is that they are transient breeders and therefore the nesting at Napier Park is considered temporary as they will move on to other habitats where available. The development of the site has been deemed to have some permanent adverse impact of moderate significance on the breeding habitat of this species but given the nesting characteristics of this species, this is considered to be acceptable.

171. The Ecological Survey reveals no evidence to suggest there are any other legally protected species of flora and fauna within the site. Because of the past use of the site and the absence of notable species/habitats, its

8/57 ecological value is therefore generally low. Nevertheless parts of the woodland belt to the north of the site offers potential foraging and commuting opportunities for bats and the survey therefore recommends that further surveys are conducted to fully assess the value of the site for bats. The completed development will include replacement trees, green and brown roofs and further soft landscaping to improve on-site habitats for insects, birds and bats. There are appropriate conditions in the recommendation to ensure biodiversity issues are appropriately controlled.

Wind

172. A Wind Assessment has been carried been carried out as part of the ES in order to determine the impact of the development on the comfort and safety of pedestrians and to also consider the potential effects on the operations of the airport. The report finds that the wind microclimate will have a negligible impact during construction and a negligible to moderate beneficial impact within the completed development (in relation to thoroughfares, entrances and amenity spaces. Due to the distance between the site and the airport and as a result of the topography of the landscape, the development is not considered to have any noticeable impact on turbulence at the airport runway or the flight path.

Additional Environmental Issues

Renewable Energy

173. In addition to the implementation of sustainable travel patterns and the use of SuDS across site, the inclusion of renewable energy technologies is considered an important contributor to creating a “greener” development. This is considered only briefly in the ES, but more detail is provided in the form of a Masterplan Outline Energy Strategy, which is included in the application documents. The following technologies have been considered appropriate for meeting on-site energy requirements:

 Biomass Boilers  Solar Hot Water  Ground or Air Source Heat Pumps  Photovoltaics  Tri-generation (combined heating, cooling and power)

The Energy Strategy considers the appropriate technologies to suit the various uses across the site and the conclusions indicate that the 10% requirement outlined in Policy U3 of the Luton Local Plan will be achieved and in some cases exceeded (as much 25% cited in certain instances). Whilst seeking to reduce energy consumption within buildings, the energy strategy also provides outline targets for reducing carbon emissions up to 38-40% below the baseline model for

8/58 the development. There are appropriate conditions in the recommendation to ensure renewable energy requirements are appropriately controlled.

Planning Obligations

174. The government‟s main objective for the planning system is to deliver sustainable development and the NPPF explains that there are three dimensions to this: economic, social and environmental. It goes on to explain that these roles should not be undertaken in isolation, because they are mutually dependent, and in order to achieve sustainable development, economic, social and environmental gains should be sought jointly and simultaneously through the planning system.

175. Paragraphs 203 to 206 of the NPPF advise that planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition and they should only be sought where they meet all of the following tests:

 Necessary to make the development acceptable in planning terms;  Directly related to the development and;  Fairly and reasonably related in scale and kind to the development.

176. Where obligations are being sought from development, Local Planning Authorities are advised that they should take account of changes in market conditions over time and be sufficiently flexible to prevent development being stalled. In that context paragraph 173 of the NPPF advises;-

“Pursuing sustainable development requires careful attention to viability and costs in plan- making and decision-taking. ….To ensure viability, the costs of any requirements likely to be applied to development, such as requirements for affordable housing, standards, infrastructure contributions or other requirements should, when taking into account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable.”

177. In the context of local planning policy, Policy IMP1 of the Luton Local Plan states that, in appropriate circumstances, the Council will seek to enter into agreements to secure: A the provision, or the financial cost, of facilities made necessary by the implementation of the development and; B an appropriate level of provision, or contribution, towards facilities for which there is either: (i) a recognised need in the Borough or; (ii) a

8/59 recognised deficit in the locality. This Policy is consistent with the general thrust of the guidance contained within the NPPF.

178. The Council has also adopted a Supplementary Planning Document (SPD) on Planning Obligations and this refers, amongst other things, to the need for contributions towards infrastructure improvements within the Borough.

179. The previously consented scheme for Napier Park delivered S106 contributions with an overall value in SPD contributions of £7.71 million. The breakdown of those figures are outlined in the table below:

Service Contribution

Transportation £5.9 million Open Space £1 million Education £750,000 Waste Management £60,000

Total: £7.71 million

180. In addition to the above contributions, the S106 Agreement included transfers of land, and in particular an area known as Parcel R3 within the Napier Park site. This area of land was to be transferred to the Council in order to provide a suitable level of affordable housing within the development. Stirling Place was also set deliver some S106 contributions but the agreement was never completed and the application was subsequently withdrawn.

Affordable Housing and Infrastructure issues

Affordable Housing

181. The NPPF emphasises the importance of creating a wider choice of high quality housing and urges local planning authorities to widen opportunities for home ownership and create sustainable, inclusive and mixed communities. The provision of affordable housing is part of that objective. and the onus is placed on local authorities to identify the needs for both market and affordable homes as a key way in which sustainable development can be delivered. It sets out the approach to seeking developer contributions to facilitate the provision of affordable housing with the presumption that affordable housing will be provided on an application site so that it contributes towards creating mixed and balanced communities. Off-site provision or a financial contribution in lieu of on-site

8/60 provision of broadly equivalent value is also acceptable as long as the agreed approach contributes to the creation of mixed communities in the local authority area.

182. The local policy context against which the affordable housing provision should be assessed is set out in Policies H5 and H6 of the Luton Local Plan.

183. Policy H5 is concerned with the provision of affordable housing and states that, amongst other things, the Council will seek to ensure (as an indicative target) that up to 50% of the proposed new units in all developments of 15 units or more are for affordable housing. It further states that the Council seeks to ensure that the size and type of affordable dwellings reflect the identified housing need requirements of the area and will be well integrated into the overall scheme.

184. Policy H6 is concerned with the arrangements of affordable housing and states that, if the affordable housing is part of a larger scheme, it will be subject to arrangements that ensure its phased provision within the overall development. The policy also states that, unless affordable housing is to be low cost market housing, or is to be managed by a registered social landlord, the Council will require it to be available to households that either already live in the Borough, or can demonstrate a need to do so.

185. The Strategic Housing Market Assessment (SHMA) 2010 indicated that a more realistic target for affordable housing was around the 35% mark. However more recent studies commissioned as part of the viability studies associated with the preparation of the emerging local plan suggests that the level of viability accruing from development values in the town is extremely limited with a current realistic deliverability of affordable housing significantly below that level. That is borne out by the limited number of affordable housing schemes delivered in recent years other than those receiving full housing association funding.

186. The current situation concerning housing within Luton indicates that as of October 2013 there were 883 homeless families of whom 15 were housed in bed and breakfast accommodation out of a total of 8,934 applicants on the Council‟s housing waiting list. Accordingly social-rented accommodation is considered a priority need. The emerging local plan is still in the early stages of preparation and work on the housing needs of the town has been informed by a Strategic Housing Market Assessment (SHMA). This identified a need for 12,000 units of which 50% would need to be affordable. However recently published population predictions indicate that household projections will be even higher and the SHMA is in the course of being up dated accordingly. The capacity of the town to accommodate those needs is extremely limited and studies to date

8/61 suggest a capacity of approximately 6000 units. Viability studies suggest that a realistic level of deliverability of affordable housing will result in a significant shortfall of affordable housing needs which can be met within the Borough. In such circumstances, the expectation would normally be that Napier Park ought to be in a position to deliver a proportion of this need.

Improvements to Infrastructure

187. The NPPF aims to promote healthy communities by ensuring, amongst other things, that development supports the existing communities in which it is to take place. In this context, it also seeks to ensure that the impact of development on the social fabric of communities is considered and taken into account. In this regard it is considered that the principles of sustainability must take into account the impacts of the development on the wider community in terms of infrastructure provision. Hence, it is appropriate for consideration to be given to the impacts a development may have on the infrastructure of the town and to ensure that appropriate mitigation measures are in place to ensure that the mitigation of those impacts are appropriately addressed.

188. In this instance contributions have been requested from various services within the Council to provide a financial contribution to support improvements to local highways, education services, waste management services and the upgrading of open space. Network Rail has also requested a contribution.

Improvements to local highways

189. In order for the development to be considered acceptable the Highways Authority, in their response have identified that upgrades would be required to three key road junctions. Further improvements have also been identified for shared/un-segregated footpath and cycle links to improve connectivity to the east and west of the site and the creation of a bus interchange and link to Gipsy Lane by utilising an existing tunnel, which travels under the railway line. In terms of essential infrastructure, the Highways Authority has indicated that an upgrade of the Kimpton Road/Windmill Road junction and the creation of a bus link under the railway are necessary in order for the development to function.

190. In addition to the strategic highway improvements sought, given the size of the development and its proximity to Parkway Station, Network Rail has

8/62 considered it appropriate to seek a contribution towards station facility improvements. This has already occurred to some degree. In early 2013 planning permission was granted for the retention of a northern link that was created within the Stirling Place element of the application site. Accordingly access barriers are in place together with ticket machines which provides a useful northern link.

Improvements to education services

191. Due to the increasing population within the town, there has been significant pressure put on the education service to provide statutory school places for children. There has been an extensive and ongoing programme of expansion at schools in order to accommodate this sharply increasing number of pupils. However despite the expansions that have already taken place and those planned, there is still a current requirement for an additional two forms of entry at primary school level between now and 2019 an additional 11 forms of entry are required at secondary school level.

192. Children and Learning has identified that a contribution would be required in this instance in order to expand facilities to mitigate the impact of the development. The contribution that has been requested is based on a pupil yields formula for the development as set out in the SPD. These yields are derived from a study of the population profile of housing developments within the borough. Based on the calculations, Children and Learning estimates that there would be a need for 310 primary and 75 secondary places arising directly from the development proposed (385 in total).

193. Failure to provide the required funding would mean that families moving into the proposed development may be unable to access a local school place, or would deny existing families the opportunity of places. In addition it would be likely that siblings would be split between schools some distance from their homes, which in turn would result in logistic and transportation problems. The NPPF advises that the government attaches great importance to ensuring that a sufficient choice of school places is available in order to meet the needs of existing and new communities and that great weight should be given to the need to create, expand or alter schools.

194. The preparation of the new Local Plan is still in its early stages but the situation surrounding school places has identified a need for additional facilities, particular in the south of the town where the need is at its greatest. Accordingly the location of a new school will be identified and allocated as part of the local plan process, subject to the outcome of a

8/63 wider review of schools capacity, with sites being explored in close proximity to the application site.

Improvements to waste management services

195. The proportion of residential properties on the site will generate a need for a significant number of refuse containers. As a result a financial contribution has been sought by the Council‟s Waste Management service, which is based on the cost for providing those containers to each household in order to achieve sustainable waste management. Similar requests have been considered by Planning Inspectors as being necessary as it is directly linked to the development and in turn would meet the relevant tests set out in the NPPF.

Upgrading of open space

196. In order to ensure sufficient levels of quality open space are available to future occupiers of the development, some upgrading of local facilities (in particular Manor Park (approximately 400 metres away to the west)) as recommended by Sport England and the Council‟s Parks service. As a result a financial contribution has been sought in order to mitigate the impact of the development.

197. Having regard to the foregoing requirements, if contributions were to be based on strict application of the contribution levels set out in the SPD , then the total sum of the financial contributions would amount to £10.16 million, excluding the provision of affordable housing. Of that £10.16 million, 42% of the total would be required for highway and transportation purposes and 55% would be required for education purposes.

Scheme Viability

198. As a result of the economic recession many developments are not realising appropriate profit margins, and as a result have been deemed unviable.. This has resulted in much development being stalled across the town and this proposal falls into having similar problems, which could potentially prevent its development coming forward in the foreseeable future. In addition, there are special development costs associated with this site that could be considered to be „abnormal‟. Such abnormalities specific to this scheme relate to its topography and a series of retaining structures required to counter this, the abnormal site conditions (potential contamination/remediation requirements) and the provision of up front infrastructure in order to bring early development forward.

8/64 199. A Viability Assessment appraisal undertaken by the applicant indicates that development viability is marginal and can only support a level of contribution which is significantly below the level of contributions expected if development is to comply with the full level of payments set out in the SPD. Furthermore, the viability appraisal concluded that the proposed development is not capable of supporting any level of affordable housing. The Council has commissioned an independent assessment of the scheme that has agreed with the conclusions reached in the applicant‟s appraisal. The proposed development does not realise sufficient profit levels to support affordable housing as part of the development and can only offer a reduced level of financial contributions for infrastructure improvements. The S106 package put forward by the applicants is as follows:

Service Cost (£)

Transport: £1,400,000 Other identified £787,350 Infrastructure (education/waste/open space/public art etc)

Total: £2,187,350

200. The £1.4 million identified to be paid towards transport has already been received by the Council - this was paid for the funding of sustainable transport measures as part of the original permission associated with Napier Park. This money has not yet been spent and is therefore transferred into the package of contributions proposed as part of the current application..

201. Following concerns raised at the level of s106 package offered, the applicants have proposed an improved level of contribution with the level of offer now increased by an additional £1 million for the purposes of transport or for 10% shared ownership affordable housing. . The applicant has nevertheless made it explicitly clear that this additional payment must be linked to the delivery and opening of the foodstore because of the importance this element of the development brings to the viability of the development as a whole and in terms of its anchor function in enabling other uses to come forward.

202. The additional £1million offered means that the final s106 offer is a total contribution of £3,187,350 (or £2.1 million and 10% shared-ownership housing). Clearly, the offer is significantly short of SPD calculated contributions but in this regard, the SPD does provide for circumstances where the economics associated with a development cannot provide for

8/65 the requirements sought by the Council. It recognises that the benefits associated with a development are such that it is appropriate to enable it to progress without all of the gain accruing s106 contributions and any such factors will be regarded as material considerations in the determination of a particular application.

203. The viability of the development is also a material consideration in this case. The expectation of a full s106 package would render the scheme unviable. In those circumstances the SPD provides for some flexibilty in the level of offer which may be appropriate. Similarly, the NPPF confirms that to ensure viability, the costs of any requirements likely to be applied to development, including requirements for affordable housing, should, when taking account of the normal cost of development and mitigation, provide for competitive returns to a willing land owner and willing developer to enable the development to be deliverable. .

204. In terms of benefits, the application will clearly enable a strategic site for development to come forward, which in turn would boost the economy through the creation of a significant number of new jobs and new homes. The scheme would deliver much needed regeneration to a site that has remained undeveloped for a significant period of time. However, it has to be acknowledged that the level of contributions offered will impact on service infrastructure provision. Accordingly Members will have to balance this anticipated impact against the clear economic and regeneration benefits that will be associated with the development and will have to make a judgement on whether such benefits outweigh local infrastructure needs.

205. Any weighting of the issues involved will give rise to three possible options to consider:-

(i) that the s106 offer is acceptable and the additional £1 million on offer is to be used for transport infrastructure improvements; or

(ii) that the s106 offer is acceptable and the additional £1 million on offer is used for 10% affordable shared ownership; or

(iii) that the s106 offer is unacceptable on the grounds that the contributions would not be sufficient to mitigate the impact on local infrastructure and education. In such circumstances, the Committee would be left with no option other than to reject the scheme with planning permission being refused accordingly.

8/66 The option whereby Members may take the view that further s106 contributions should be negotiated before any decision is reached has not been included because the applicants have made it explicitly clear that the scheme is unable to support any further contributions.

CONCLUSIONS

206. Whilst it has been recognised in the report that certain aspects of the development would represent a departure from the original aspirations for redevelopment of this site, and consequently from Local Plan policies, there has been a notable shift in the character of the area and in the needs of the borough since those policies were adopted and weight has been given to this in assessing the appropriateness of the alternative uses put forward for consideration. Ultimately the range of uses proposed in the application have been assessed and will have the potential to create a vibrant and successful new community that will support as opposed to compete with existing identified centres across the town subject to the amount of foodstore retail floorspace space being appropriately controlled to ensure no irreparable harm to the adopted retail policies of the plan. In this regard, it is considered essential that a constraint is placed on the maximum area of net foodstore floorspace and that the food store only comes into operational use following the completion of an element of the residential development proposed.

207. Members will be aware of the issues surrounding the current economic climate and where appropriate, the need to be sufficiently flexible in decision making in order to prevent planned development being stalled. There is a recognised deficit in the level of planning obligations being sought and that being offered by the applicant and this will require a balance to be struck between the delivery of this important urban brownfield site and the potential impact of doing so without the full obligations being requested. One possibility to seek potential future mitigation against the development would be to include a review mechanism in the Section 106 Agreement which links the provision of affordable housing and the payment of other S106 contributions to any recovery in the market conditions and subsequent increase in sales value. .

208. It is considered that the extent and range of land uses proposed would secure the regeneration of the surrounding area and deliver a scheme of strategic economic importance to raising the profile and image of the town and to the creation of much needed job opportunities. Therefore, subject to Members being satisfied with the level of planning obligations being offered and with the land use mix and to all other aspects of the development, it is recommended that the resolution is made to grant

8/67 planning permission subject to the completion of the necessary s106 agreement and to the imposition of appropriate conditions. The application is required to be the subject of referral to the Secretary of State.

LIST OF BACKGROUND PAPERS

LOCAL GOVERNMENT ACT 1972, SECTION 100D

209. .National Planning Policy Framework (NPPF).

210. Luton Local Plan 2001–2011.

211. Application No. 05/01095/FUL.

212. Application No. 08/00845/FUL.

213. Strategic Housing Market Assessment (2010).

214. Strategic Housing Market Assessment Update (2012).

215. Three Dragons Affordable Housing Viability Study (April 2013).

216. White Young Green Retail Study Refresh (2012).

217. Supplementary Planning Document on Planning Obligations (2007).

218. The Luton Local Transport Plan 3 (2011-2026).

219. The Gambling Act 2005.

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