Subject: HS2 Schedule 17 Application for Old Oak Common Station

Subject: HS2 Schedule 17 application for Old Oak Common Station (application reference number 20/0012/HS2OPDC) Meeting date: 19 May 2020 Report to: Chair of the Planning Committee and members of the Planning Advisory Panel Report of: Claire O’Brien, Interim Assistant Director of Planning

For Decision ______

This report will be considered in public ______

1 Summary Application Reference 20/0012/HS2OPDC Site Address Railway lands at Old Oak Common, Old Oak Common Lane, London NW10 6DZ Proposal Application under Schedule 17 of the High Speed Rail (London – West Midlands) Act 2017 relating to above ground works associated with the new Old Oak Common station comprising main concourse, overbridges, stairs, escalators, lifts to conventional rail, conventional rail platforms and canopies, ventilation structures and associated works. Applicant/Agent High Speed Two (HS2) Limited London Borough Hammersmith and Fulham Validation Date 23 January 2020

1.1 The Old Oak and Park Royal Development Corporation (OPDC) Scheme of Planning Delegations states that planning applications should be referred to Planning Committee where, in the opinion of the Director of Planning, the application: ‘is of a significant or potentially contentious nature.’ Following OPDC’s adoption of a Remote Decision Making Scheme on 7 May 2020, which will operate whilst physical meetings cannot reasonably be held due to the Covid-19 pandemic and emergency travel and movement restrictions, decisions that would normally be taken by Planning Committee are currently being taken by the Chair of Planning Committee following consultation with the Planning Advisory Panel. 1.2 This Schedule 17 application seeks approval for the above ground structures relating to the new Old Oak Common station. The application in itself is significant in nature given its strategic importance as part of a major national infrastructure project. Therefore, the application should be decided by the Chair of Planning Committee following consultation with the Planning Advisory Panel. 1.3 The application has been submitted under Schedule 17 of the High Speed Rail (London – West Midlands) Act 2017 (the ‘Act’). The application seeks approval for above ground works relating to the new Old Oak Common station, including the main concourse, overbridges, stairs, escalators, lifts to conventional rail, conventional rail platforms and canopies, ventilation structures and other associated works. Under Schedule 17 (paragraph 2) of the Act, OPDC may only refuse to approve plans and specifications if they ought to be modified to (and are reasonably capable of being so modified):  To preserve the local environment or local amenity;  To prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area; or  To preserve a site of archaeological or historic interest or nature conservation value. 1.4 The Old Oak Common station design has been reviewed by the HS2 Design Review Panel (‘DRP’) which considered that the ‘confident designs’ with an impressive sequence of interlocking curved roof forms, have the potential to deliver a high-quality building with an uplifting series of internal spaces. The design and architecture of the station building and associated ventilation structures are considered to be of a high quality and do not need to be modified to preserve the local environment or local amenity. Conditions are recommended to secure details of the finishing materials to ensure the quality of the final detailed design. 1.5 The application does not seek approval for any new roads on site. A separate Schedule 16 application for the on-site road layout is being considered alongside this proposal (20/0013/HS2OPDC). An increased number of vehicular and non-vehicular trips to and from the site is expected once the new station is operational and open to passengers. The Environmental Impact Assessment undertaken in support of the HS2 Phase One scheme permitted by the Act sets out a number of mitigation measures required to support the project and reduce impacts on road safety and the free flow of traffic. These include the provision of dedicated bus and taxi facilities, an interchange between the Elizabeth line and HS2, pedestrian and cycle links and upgraded highway infrastructure along Old Oak Common Lane. Of relevance to the design of the station, the building is of a scale appropriate to its role as a major rail interchange between the Elizabeth line, HS2 and Great Western Main Line (GWML). Other mitigation measures are included in separate Schedule 16 and 17 applications (20/0011/HS2OPDC and 20/0013/HS2OPDC). It is not considered that the station design and associated ventilation shafts submitted for approval under this Schedule 17 application are reasonably capable of being modified to further reduce impacts upon road safety and the free flow of traffic. 1.6 The proposed station design (and associated ventilation shafts) would not present an unacceptable impact upon archaeological or historic assets or sites of importance for nature conservation. The proposed station and a number of ventilation shafts would be visible from the Grand Union Canal conservation area located to the north and north-east of the site. Whilst the station building would be visible, given the high quality design and the overall scale of the building in the context of the surrounding opportunity area, it is not considered that the design needs to be modified in order to preserve a site of archaeological or historic interest or nature conservation value. 1.7 In conclusion, the proposed design and external appearance of the station building and associated ventilation shafts are acceptable subject to a number of conditions relating to finishing materials. The assessment of the proposal has demonstrated that there are no reasonable modifications to the design proposed which would lessen impacts on the local environment or local amenity, road safety or the free flow of traffic, or sites of historic or archaeological interest or nature conservation importance.

2 Recommendation 2.1 The Chair of Planning Committee, following consultation with the Planning Advisory Panel, is invited to: 2.2 Resolve to grant conditional Schedule 17 consent and delegate authority to the Interim Assistant Director of Planning to: (a) Finalise the recommended conditions as set out in this report including such refinements, amendments, additions and/or deletions as the Interim Assistant Director of Planning considers reasonably necessary provided that the Interim Assistant Director of Planning is satisfied that any changes could not reasonably be regarded as deviating from the overall principle of the decision reached nor that such change(s) could reasonably have led to a different decision having been reached.

3 Background information Location Plan 3.1 The location of the application site is highlighted in blue below and is located within the London Borough of Hammersmith and Fulham.

Figure 3.1 – Location of the application site relating to Old Oak Common Station.

Application Site 3.2 The application site is approximately 10.6ha in size and 900m in length (east to west). The site is bounded by the Elizabeth line (Crossrail) depot to the north, operational railway tracks to the east, the Great Western Mainline (GWML) tracks and Intercity Express Programme (IEP) depot to the south and Old Oak Common Lane and Wells House Road to the west. 3.3 The Grand Union Canal, which forms part of the Grand Union Canal conservation area, adjoins the north-east corner of the site, but is otherwise separated from the site by the Elizabeth line depot. To the south of the IEP depot is Wormwood Scrubs which is Metropolitan Open Land (MOL) and a Site of Importance for Nature Conservation (SINC). 3.4 The application site previously accommodated a traction maintenance depot. The site has since been cleared of any buildings and is being prepared for construction works relating to the station. The site has been prepared to a level of +25.5m which is approximately half way between the canal level +30.5m and Wormwood Scrubs +20.0m. Old Oak Common Lane at the north- west corner of the application site starts at a height of +34.8m and slopes down to a height of +20.2m towards to the south-west corner of the application site.

Planning History 3.5 Deemed planning permission for the construction of the railway was granted by the High Speed Rail (London – West Midlands) Act 2017. 3.6 Relevant Schedule 16 and Schedule 17 applications are listed in the table below: Application Description of Proposal: Status: Reference: 18/0039/HS2OPDC Highway routes to be used by Application heavy goods vehicles approved on 18th associated with demolition, site April 2018. clearance and other enabling works for HS2 at five construction site compounds.

Compounds comprise of: Willesden Euro Terminal, Atlas Road, Victoria Road Cross Over Box, Victoria Road Tunnel Drive and Old Oak Common Station. 19/0175/HS2OPDC Highway routes to be used by Pending decision large goods vehicles associated on 19th May 2020. with the main works stage

including site investigations, preliminary mitigation works, utility works; establishment of construction compounds, site preparation and enabling works, main earthworks and structure works; construction of tunnels by tunnel boring machine; construction of ventilation shafts and headhouses; railway installation works, site restorations and, all other activities for the purposes and in connection with the scheduled and ancillary works for HS2 at five construction site compounds comprising Willesden Euro Terminal, Atlas Road, Victoria Road Cross Over Box, Victoria Road Tunnel Drive and Old Oak Common Station. 20/0011/HS2OPDC Application under Schedule 17 Pending of the High Speed Rail (London consideration. – West Midlands) Act 2017 relating to works associated with the realignment of Old Oak Common Lane and replacement Great Western Mainline and Central Line bridges. Application under Schedule 17 of the High Speed Rail (London – West Midlands) Act 2017 relating to works associated with the realignment of Old Oak Common Lane and replacement Great Western Mainline and Central Line bridges. 20/0013/HS2OPDC Application under Schedule 16 Pending decision of the High Speed Rail (London on 19th May 2020. - West Midlands) Act 2017 relating to the onsite road layout associated with the new Old Oak Common station. 20/0057/HS2OPDC Application under Schedule 17 Pending of the High Speed Rail (London consideration. – West Midlands) Act 2017 for approval of highway routes (conditions relating to road transport) to be used by large goods vehicles associated with the main works stage including main site enabling works, excavation works (main station box), under track crossing works, Stamford Brook Sewer works, piling and diaphragm wall works, installation of tower cranes, conveyor installation, decommissioning works, ground remediation works, satellite site A/B enabling works, Wycombe line bridge demolition works and all other activities for the purposes and in connection with the scheduled and ancillary works for HS2 at four construction site compounds comprising Old Oak Common Station, Atlas Road, Willesden Euro Terminal and Satellite Sites A/B.

The HS2 Act

Schedule 17 of the Act 3.7 The High Speed Rail (London – West Midlands) Act 2017 (the ‘Act’) grants deemed planning permission for the construction of phase one of the High Speed Two (HS2) railway from London to the West Midlands. This deemed planning permission is subject to conditions set out in Schedule 17 (‘conditions relating to deemed planning permission’) of the Act. As the nominated undertaker for the delivery of HS2, High Speed Two Limited (HS2 Ltd) must apply to local planning authorities for the approval of certain details. 3.8 Paragraph 2 of Schedule 17 requires an application to be submitted for the approval of plans and specifications relating to above ground works. 3.9 The ground that the local planning authority may consider when determining the request for approval are prescribed in Schedule 17. For paragraph 2 applications, OPDC may only refuse to approve plans or specifications on the ground that – (a) The design or external appearance of the building works ought to be modified – i) To preserve the local environment or local amenity, ii) To prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or iii) To preserve a site of archaeological or historic interest or nature conservation value, and is reasonably capable of being so modified, or (b) The development ought to, and could reasonably, be carried out elsewhere within the development’s permitted limits. 3.10 In line with HS2 Planning Forum Note 5 (Model Conditions) and Schedule 17 Statutory Guidance, the local planning authority may also only impose conditions on a Schedule 17 consent if they are relevant to the matter subject to the consent, relevant to the grounds referred to above and providing that the conditions do not seek to replicate other controls or commitments regarding HS2 (such as HS2 Phase One Environmental Minimum Requirements) or pre-empt future requests for approval or agreement.

Other Relevant Controls 3.11 The Act also places a number of controls on the HS2 development which sit outside of the Schedule 17 process. For example, works to the public highway require the consent of the local highway authority under Schedule 4 of the Act. 3.12 The Environmental Minimum Requirements (EMR) are a suite of documents which sets out overarching environmental and sustainability commitments for the HS2 project. The EMRs consist of the following:  Code of Construction Practice (CoCP) – contains detailed control measures and standards to be implemented throughout the construction of Phase 1.  Planning Memorandum – sets out obligations on qualifying authorities (such as OPDC) including participation in the national Planning Forum, and the expeditious handling of requests for approval and appropriate resourcing. It also places requirements on HS2 Ltd to engage in pre- application discussions, assist with resource planning and provide indicative mitigation where necessary.  Heritage Memorandum – provides the overarching approach to heritage matters. The document details how the investigation, recording and mitigation of impacts on heritage assets will be undertaken. It also sets out that the Planning (Listed Buildings and Conservation Areas) Act is dis-applied for the list of buildings set out in Schedule 18 of the Act, none of which are within the OPDC area.  Environmental Memorandum – sets out the overarching requirements in relation to various environmental impacts of the scheme including nature conservation, ecology, water resources, flood risk, geological features, recreation and amenity impacts, landscape and visual, public open space, soils, agriculture and forestry, excavated material, waste management and climate change. It also sets out the approach for key environmentally sensitive worksites along the route, although none of these are within the OPDC area. 3.13 The EMRs also include Undertakings and Assurances that HS2 are legally obliged to adhere to. These set out a number of detailed requirements that HS2 have to meet, some of which relate to how Old Oak Common station will be brought forward. For example, local labour and apprenticeship targets, a local business support strategy, air quality and external noise monitoring during construction.

4 Proposal 4.1 The proposal is relevant to the design and external appearance of scheduled works 1/1 and 1/15 as set out in Schedule 1 of the Act which involve:  Above ground station including main concourse, overbridges, stairs, escalators, and lifts to conventional rail, conventional rail platforms and canopies.  Ventilation structures including headhouses and ventilation points.  Northern wall between the east-west road and northern station façade.  Station access road retaining wall between east-west road and Elizabeth line depot.  Boundary fencing.

4.2 As set out in the HS2 Planning Memorandum and Planning Forum Note 10, Schedule 17 applications can provide information about indicative mitigation within the submission. Indicative mitigation may relate to ecological, landscape, community and/or operational noise from the railway or roads impacts. Indicative mitigation is provided for comment only at this stage and is not for formal consideration. A future Schedule 17 application (bringing into use) would consider the adequacy of the mitigation proposed, however the indicative mitigation shown in this application is an early chance to comment on the proposals (focusing on the scope, any additional mitigation that could reasonably be required, and comments on the design of the proposed mitigation). There is no obligation on the local planning authority to comment on the indicative mitigation and any such comments are made without prejudice to the decision on the application. 4.3 Information about indicative mitigation submitted with the application relates to noise mitigation measures for the structures accommodating the plant equipment (chiller compound).

5 Policy 5.1 Planning policies are only relevant to the determination of the application insofar as they relate to the matters prescribed in paragraph 2 of Schedule 17, as set out in paragraph 3.9 of this report. 5.2 The adopted development plan for this part of the OPDC area comprises:  London Plan (2016) 5.3 The following planning documents are also relevant material considerations:  National Planning Policy Framework (NPPF) (2019)  Draft London Plan – Intend to Publish Version (December 2019)  Old Oak and Park Royal Opportunity Area Planning Framework (OAPF) (2015)  OPDC Regulation 19(2) Draft Local Plan (with Minor Modifications) (2018) 5.4 The Draft London Plan – Intend to Publish Version (December 2019) should be taken into account on the basis explained in the NPPF. On 13 March 2020 the Secretary of State issued a set of Directions under Section 337 of the Greater London Authority Act 1999 (as amended) and, to the extent that they are relevant to this particular application, have been taken into account as a material consideration when considering this report.

6 Consultation 6.1 There is no statutory requirement to undertake public consultation on Schedule 17 applications in the Act. Only Natural England, the Environment Agency and Historic England are required to be consulted, and only where the application relates to issues relevant to those organisations. 6.2 Notwithstanding these statutory requirements, the following additional consultation was undertaken on this application:  10 site notices were posted at various points around the application site;  Consultation letters were sent to key stakeholders;  325 letters were sent to neighbouring properties; and  Further information relating to the Schedule 17 application process was provided on the OPDC website. 6.3 The consultation responses received are set out below.

Statutory Consultee Responses 6.4 The following statutory consultees were consulted on the application and their responses are summarised below. Copies of the full representations have been circulated to Members and are available on the OPDC website at: http://planningregister.opdc.london.gov.uk/swift/apas/run/wchvarylogin.display

Consultee Summary of Response Officers Response Natural England No objection. Based on the Noted. plans submitted, Natural England considers that the proposed development will not have significant adverse impacts on statutorily protected sites or landscapes.

Further general advice regarding protected species and the natural environment has been provided. Environment No comments to make on Noted. Agency these proposals and will address any issues relevant to the Environment Agency via the Schedule 33 process ‘Protective Provisions’. Historic England No response received. Noted. (Historic Buildings Branch) Historic England No response received. Noted. (Archaeology Branch)

Non-Statutory Consultees & Stakeholder Responses 6.5 The following non-statutory consultees and stakeholders were consulted on the application and their responses are summarised below. Copies of the full representations have been circulated to Members and are available on the OPDC website at: http://planningregister.opdc.london.gov.uk/swift/apas/run/wchvarylogin.display

Consultee Summary of Response Officers Response Crossrail Ltd No response received. Noted. Greater London No response received. Noted. Authority (GLA) London Borough No objection. Noted. of Brent (LBB) London Borough Highlights the complexity of Concerns regarding the of Ealing (LBE) the assessment of the project lack of cycle lanes as a whole when applications within the overall project are submitted separately for is noted. This particular different parts of the design. Schedule 17 application seeks approval for the LBE view the HS2 station as station building itself a key destination point for and does not seek travel which will cater for approval for the local/regional journeys as highway design/ layout. well as longer distance The station building journeys. A rise in commuters within the area is expected design does not and LBE will want to see 80% preclude the inclusion of of commuters to arrive by cycle lanes to/from the bus, walking or cycling. station.

LBE raise concerns that HS2 are underproviding cycle lanes. LBE are the highways authority for Old Oak Common Lane and request that any approvals for the station building do not include the highway design/layout and that any approvals are subject to the satisfactory resolution of highways issues.

HS2 are aware of LBE’s position and LBE understand they are working towards a resolution. London Borough No response received. Comments awaited and of Hammersmith expected to be reported and Fulham in an addendum. (LBHF) Royal Borough No objection. Noted. Informative to be of Kensington Recommends informative included on the decision and Chelsea relating to construction notice. (RBKC) vehicles parking in the RBKC area. Transport for At this stage in the design Noted. Additional London (TfL) development TfL has no comments have been specific concerns that would passed onto HS2 for be classed as being valid consideration in the next reasons for refusal under stage of the design Schedule 17 of the HS2 Act. process. TfL however, request that HS2 be mindful of a number of other comments as the design progresses. Comments relate to cycle parking, surface connectivity, Elizabeth line operations, TfL infrastructure protection, temporary terminus, Crossrail, construction, access and maintenance, wayfinding, security and the public realm. Ealing Cycling We welcome the proposed Concerns noted. Campaign facilities for cyclists, but feel HS2 have confirmed the current layout could that the lift size will be produce conflict with other 2.3m in length to users of the station. accommodate cycles. Specific comments provided The final location and relating to lift size, access to design of cycle parking cycle parking, provision of facilities at the station cycle parking and the East- site will be subject to a West cycle route. future Schedule 17 application. The East-West cycle route comments will be assessed in relation to the Schedule 16 application for road layout (20/0013/HS2OPDC). London Cycling Our response is solely on Concerns noted. Campaign issues related to cycling and The final location and the application. We fully design of cycle parking support the more detailed facilities at the station response from the Ealing site will be subject to a Cycling Campaign. future Schedule 17 application. Specific comments on design The East-West cycle of cycle parking facilities, route comments will be East-West cycle route, the assessed in relation to provision and connection to a the Schedule 16 wider strategic cycling route. application for road layout (20/0013/HS2OPDC). West London Recommends OPDC rejects The location of the Line Group the plans and designs for the station building in the station unless sufficient context of the limits of detailed assurance from HS2 deviation set by the Act that their implementation will are discussed at preserve the local amenity of paragraphs 7.20-7.21 of the site. The principal positive this report. local amenity of this site is The ASD (Adjacent two-fold: Station Development) First, as an opportunity to site is expected to be ensure that housing targets released for can be met with an offer of development in the two or more bedrooms with future. Development on related commercial and this site will be subject employment uses to create a to the normal planning positive and coherent process. communities. The public realm and Second, the site should offer open space to the west the ability for close and of the station is efficient connections to and expected to be subject between HS2 and other rail to a future Schedule lines (in addition to Great 16/17 application. Western Mainline and Elizabeth line). We contend that the site should be planned carefully with no constraints to development above the HS2 interchange hub, while ensuring a reasonable quantum of elements such as green open space. With the aims of maximising benefit for the OPDC area and its future users, West London Line Group suggest a two-element scheme (Link and Raft) to take advantage of this amenity with minimal additional land take. West Twyford There is more concourse Concerns noted. Residents area behind the HS2 gate line Matters relating to the Association than in front of it. Usually internal design and passengers cannot pass the layout of the station are gate line until a few minutes not matters for before the train’s departure consideration under time. Is the area in front of Schedule 17. the gate line big enough? Future access, such as The train departure and the delivery of Old Oak arrival information boards are not shown on the drawing so Bridge would not be it is not clear where delivered by HS2 Ltd. passengers are expected to The design of the stand and await information. station does not The escalators from the preclude the future Crossrail Bridge are at the delivery of Old Oak intersection, of the Station Bridge. Concourse and HS2’s The headhouses will Concourse. They will serve serve as emergency passengers transferring to exits for passengers on and from HS2 to Crossrail HS2 platforms. and passengers starting and finishing journeys at Old Oak Station. Is it big enough to allow passenger movements with the obstructions shown on the drawings; to cope with an emergency evacuation from both Crossrail and HS2 Stations? All passengers for both Cross Rail and HS2 enter the station at the West entrance. The Concourse GA Plan shows no provision for future access from the Northeast or South which could be required in the future? HS2 and Crossrail are the initial drivers for the redevelopment of Old Oak. However, the station would appear to be designed without taking into account OPDC requirements of access to and from the developments that are proposed all around the station. At HS2 Platform Level there is no escape stairs from the ends of each island platform. There is an escape bridge and escape stairs at each end of the platforms on Crossrail. Island Triangle Objection raised. Concerns noted. Residents’ Local environment impacts Local environment and Association include lack of assessment of amenity impacts such impact within the design & as noise and light access statement and does pollution are discussed not take into account at paragraphs 7.9 of this likelihood of different forms of report. pollution such as light and External lighting and noise especially on residents landscaping proposals at Wells House Road. at the site do not form TITRA supports Wells House part of the current Road RA’s request that application and will be landscaping include mature subject to a future planting of trees and shrubs Schedule 16/17 along east side of Old Oak application. Common Lane to address Concerns about the noise, light and air pollution. community engagement TITRA is concerned how the process undertaken by station design fails to discuss HS2 are noted. how it will mitigate noise OPDC exceeded pollution and considers statutory consultation mitigation measures should requirements in respect include sound proofing of Schedule 17 station, sound barriers along applications and held a Old Oak Common Lane and virtual meeting with extending noise insulation to heads of local residents’ all homes in Wells House associations on 30 April Road. 2020. Objection to the design consultation and community engagement process undertaken by HS2 and the lack of clarity in submission’s visual materials.

Old Oak Objection raised. Concerns noted. Neighbourhood Content of application Some of the images Forum documents is outdated and contained within the misleading. Examples of Design and Access visuals showing Old Oak Statement show Bridge and Old Oak North background being developed. Not clear development on about the potentially high-rise neighbouring sites development at the ASD site. which are no longer No reference to OPDC’s expected to be change in direction towards developed. These the Western Lands. images are however illustrative and are not submitted for approval.

The ASD (Adjacent Station Development) site is expected to be released for development in the future. Development on this site will be subject to the normal planning process.

Wells House Objection raised. Concerns noted. Road Residents’ Lack of clarity as to location Access roads are for Association of station access road, it agreement under a should be located to the north separate application of Wells House Road 20/0013/HS2OPDC. entrance. Object to private Notwithstanding this, vehicles entering site and the location of the should only be used by public access road as transport and taxis. Old Oak proposed is to the north Common Lane is already of Wells House Road. congested and unlikely to Local environment and withstand additional traffic amenity impacts such from the station. Application as noise and light should provide an alternative pollution are discussed access road from Scrubs at paragraphs 7.9 of this Lane. Mature trees should be report. planted along east side of Old Oak Common Lane to protect The free flow of traffic is residents from air pollution. discussed at paragraphs 7.11-7.15 of Lack of information regarding this report. development on triangle site behind Wells House Road Lighting and (ASD site). landscaping proposals at the site will form a Information and visual future a Schedule 16/17 images in application are out- application. of-date and misleading. The ASD (Adjacent Concerns regarding the Station Development) reflective surface of the site is expected to be station roof and its impacts released for upon local residents (noting development in the impacts of the Walkie Talkie). future. Development on Key issue with noise, light this site will be subject and air pollution on local to the normal planning residents as a result of the process. station. Some of the images Objection to the design contained within the consultation and community Design and Access engagement process Statement show undertaken by HS2. background development on neighbouring sites which are no longer expected to be developed. These images are however illustrative and are not submitted for approval. Concerns about the community engagement process undertaken by HS2 are noted. OPDC exceeded statutory consultation requirements in respect of Schedule 17 applications and held a virtual meeting with heads of local residents’ associations on 30 April 2020. Grand Union Objection raised. Concerns noted. Alliance Objects to out-of-date and Some of the images potentially misleading visual contained within the images and information. Design and Access Lack of mitigation measures Statement show for nearby residents. Noise background and general activity from development on surface platforms, trains and neighbouring sites public open space will create which are no longer a disturbance to local expected to be residents. developed. These images are however illustrative and are not submitted for approval. Local amenity impacts such as noise are discussed at paragraphs 7.9 of this report.

Public Responses 6.6 In response to non-statutory public consultation a total of 2 objections have been received. The key issues raised have been summarised below. Copies of the full representations have been circulated to Members and are available on the OPDC website at: http://planningregister.opdc.london.gov.uk/swift/apas/run/wchvarylogin.display

Objection/Key Issue Officers Response Traffic Congestion The free flow of traffic is considered at paragraphs 7.11-7.15 of this report. Air Pollution Impacts upon local amenity, including air pollution, are considered at paragraph 7.9 of this report. Noise Impacts upon local amenity, including noise, are considered at paragraph 7.9 of this report. Light Pollution and reflective surface Impacts upon local amenity, including of station roof light pollution, are considered at paragraph 7.9 of this report. Location of access road to station The location of on-site roads is for agreement under application 20/0013/HS2OPDC. ASD plans and impacts upon Any future development of the ASD residents site will be subject to the normal planning process and will require planning permission. Misleading and out-of-date visuals Some of the images contained within the Design and Access Statement show background development on neighbouring sites which are no longer expected to be developed. These images are however illustrative and are not submitted for approval.

7 Assessment 7.1 As explained in paragraph 3.9 of this report, OPDC may only refuse to approve plans or specifications if they conflict with the grounds for consideration set out in Schedule 17 paragraph 2. The application has therefore been assessed against these grounds.

a) The design or external appearance of the building works ought to be modified: (i) to preserve the local environment or local amenity

7.2 Prior to submission, the station design was reviewed on several occasions by the Independent Design Review Panel (the ‘DRP’) set up as a result of an Assurance provided by HS2 Ltd and secured through the Act. The DRP was pleased by the ‘confident designs’ for the station, and by the ‘rigour and detail of the architecture’ which they believe has the potential to deliver a high quality building with an uplifting series of internal space. The DRP recommended further consideration of the function, articulation and materiality of cycle parking wrapped around the chiller compound to help animate the station building forecourt and entrance. The panel also considers that the scale and massing of the head houses can be established but the final finishing material for these structures should be developed further. Officers note the above comments and agree that the finishing and materials of the proposed structures should be considered further. Therefore, conditions have been recommended to that effect. 7.3 The works for approval within this application include the main station building, the northern wall, station entrance retaining wall, boundary fencing and several ventilation shafts and head houses (west portal, west vent points, spot cooling vent, west core, east core, east ventilation voids, stair pressurisation vents and the east portal). The design and external appearance of each of these works will be considered in turn below. 7.4 The main station building will be c. 235m in length, 204m in width and 23.5m in height (+49.9m above existing ground level). The architectural form is derived from a series of interlocking arches that create a unique series of curved roof forms. The curved roof form, with integrated roof lights and photovoltaic panels, will present an interesting and unique external appearance as well as providing a high quality internal space benefitting from natural light. The proposed station building is set c. 300m back from Old Oak Common Lane and Wells House Road beyond. The distance involved combined with the change in levels will ensure that the main station building does not appear overbearing to the closest residential properties. Overall, the external appearance of the station building is of a high quality and an appropriate size and scale that reflects its importance as a major rail transport interchange. 7.5 The northern wall is located along the southern edge of the east-west road and the northern façade of the station building. The northern wall is required for security reasons and will be 1.2m in height and extend the length of the northern elevation of the station. The wall has been broken up in parts to provide visual relief and permeability when viewed from the east-west road. It is recommended that the detailed design and finishing of the northern wall is conditioned for future approval. It should also be noted, that the space between the wall and the station will be landscaped (and likely provide cycle parking) as part of the public realm scheme. The public realm design will be subject to a future Schedule 17 application. 7.6 The station entrance retaining wall is located along the northern edge of the east-west road and to the south of the Elizabeth line depot. The retaining wall would measure 79.4m in length with a maximum height of 6.8m and have a concrete finish. The retaining wall itself would not be visible from the HS2 station site by reason of the level change between the Elizabeth line depot and the station site. However, the retaining wall would be visible from the Elizabeth line depot. An additional retaining wall is proposed to continue from this wall along Old Oak Common Lane on a north-south orientation. This part of the retaining wall is sought for approval under a separate, yet to be determined, Schedule 17 application (20/0011/HS2OPDC). 7.7 The boundary fencing will be 1.2m in height and will be located along the northern boundary with the Elizabeth line depot, running parallel to the station entrance retaining wall and along the south-eastern boundary between the application site and the existing conventional rail tracks. Paragraph 3 of Schedule 17 states that the local planning authority can only consider the location of fences (unless they are sight, noise and dust screens) and whether they ought to, and could reasonably, be carried out elsewhere within the development’s permitted limits. Officers consider the location to be appropriate for their purpose and should not be modified. 7.8 There are several ventilation shafts and headhouses to the east and west of the main station building. To the east of the station building, is the East Core Headhouse measuring 7.2m in height, 47m in length and 35m in width; three East Ventilation Voids measuring 3.1m in height and varying significantly in length and width (7m by 26m, 72m by 16m, 48.5m by 12.5m); Stair Pressurisation Vents measuring 5m in height, 3m in length and 8m in width; and the East Portal Headhouse measuring 7.8m in height, 31m in length and 33.5m in width. To the west of the station building, is the West Portal Headhouse measuring 8.25m in height, 35m in length and 30m in width; two West Vent Points measuring 8m in height, 8.4m in length and width; Spot Cooling Vent measuring 5m in height, 6.2m in length and 5.8m in width; and the West Core Headhouse measuring 7.4m in height, 47m in length and 35m in width. In line with the recommendations of the DRP, the finishing materials for the ventilation shafts and headhouses are recommended to be subject to a condition requiring details to be submitted at a later date. This will allow the final finish to take account of the designs for the public realm, once these have been finalised. The ventilation shafts and headhouses are required to mechanically ventilate the HS2 platforms located beneath the surface whilst also providing bus driver facilities in the West Core and emergency exits. It is not considered that the location of these structures could reasonably be modified to reduce impacts upon the local environment or local amenity. 7.9 A number of representations received from local residents and residents’ associations have raised concerns regarding the operation of the station with respect to its impact upon local amenity and the local environment through light pollution, noise pollution and air pollution. The Environmental Statement (ES) undertaken in support of the Phase One scheme permitted by the Act considered the impacts of the station on local residential amenity, including in relation to air, noise and light pollution. In relation to air quality, the ES reports that there will be no direct atmospheric emissions from the operation of trains that will negatively affect local air quality and no significant residual effects on air quality are anticipated along Old Oak Common Lane. In relation to noise pollution, HS2 Ltd have submitted a Noise Report which provides an initial assessment as to whether the proposed design would result in impacts over and above those identified within the ES. The Noise Report sets out indicative mitigation that would be required for the chiller compound located to the west of the station entrance. A future Schedule 17 ‘Bringing into Use’ application will be required before the station becomes operational. This application will be expected to demonstrate that HS2 Ltd have undertaken all reasonably practicable measures for mitigating the effect of the station operation on the local environment or local amenity. With respect to light pollution, concern has been raised over the reflectiveness of the station roof. The design of the station roof will create horizontal planes facing skywards and as such any reflections from the roof would be unlikely to affect residents at Wells House Road. Notwithstanding this, a condition is recommended to require the submission of sample panels to ensure the suitability of the materials proposed for the station roof. No other additional effects relating to light pollution have been identified. Overall, the station design complies with HS2’s environmental minimum requirements (EMRs) and no greater significant effects have been reported beyond those identified in the ES. 7.10 In summary, the proposed design and external appearance of the building works for approval are considered to be acceptable subject to conditions relating to finishing materials and are not required to be modified in order to preserve the local environment or local amenity.

(ii) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area

7.11 The proposed plans and specifications submitted for approval under this application do not include any new roads on-site. Approval of the on-site road layout is sought through a Schedule 16 application which is being considered in conjunction with this proposal (20/0013/HS2OPDC). 7.12 The main station entrance is located to the west of the site oriented towards, but approximately 300 metres away from, Old Oak Common Lane. The space between the station entrance and Old Oak Common Lane will form a large area of public realm, incorporating a surface transport interchange facility and routes to and from the station for pedestrians and cyclists. The detailed design and layout of this area will be subject to a future Schedule 16 application. 7.13 The creation of a major new rail interchange which will accommodate the HS2 line, Elizabeth line and the Great Western Main Line will undoubtedly result in a significant increase in people accessing the site over time. The Environmental Statement (ES) undertaken in support of the Phase One scheme permitted by the Act considered the forecast increase in travel demand in the local area and the resulting impacts on the surrounding highway network. The forecasts expect 48% of passengers to arrive by bus, 39% walking or cycling, 9% by private vehicle and 4% by taxi with a total of 4,321 passenger arrivals within the peak AM period (0700-1000). The ES set out mitigation measures which would reduce impacts upon road safety and the free flow of traffic. These included a station design which would have a sufficiently sized concourse and platform space to accommodate passenger growth to 2041 and beyond, provision of a dedicated bus and taxi facility, an interchange between the Elizabeth line and HS2, dedicated drop-off and pick- up areas, pedestrian and cycle links, upgraded highway infrastructure comprising a new traffic signalised junction and bus stops along Old Oak Common Lane and lowering of the carriageway to allow full height double decker buses to pass under the Old Oak Common Lane bridges. Approval for a number of these mitigation measures is sought under current Schedule 16 and 17 applications (20/0011/HS2OPDC and 20/0013/HS2OPDC) and others are expected to be submitted for approval at a later date. 7.14 The creation of a new major rail interchange will provide substantial public transport accessibility improvements for local users and travellers from the wider area to the HS2, GWML and Elizabeth line services. An uplift in the number of vehicular and non-vehicular trips to and from the Old Oak Common area is to be expected given the nature and scale of the project. However, the mitigation measures identified in the Environmental Statement, including the surface transport interchange, new cycle lanes and highway infrastructure improvement works to Old Oak Common Lane, are expected to reduce the traffic-related impacts of the station (when operational) to a level that can be accommodated within the local highway network. The London Borough of Ealing (LBE) have reviewed the application and have stated that they wish to see 80% of passengers arriving by bus, walking and cycling. The LBE’s key concern is that cycle lanes are being under-provided and request that any approvals for the station building do not include the highway design/layout. The station application does not seek approval for the highway design. The junction and highway design along Old Oak Common Lane will be subject to a Schedule 4 application which will be determined by LBE as the local highways authority. 7.15 Overall, it is not considered that the station design submitted for approval under this Schedule 17 application could be modified to further reduce impacts upon road safety and the free flow of traffic.

(iii) to preserve a site of archaeological or historic interest or nature conservation value

7.16 OPDC’s draft Local Plan does not identify any sites of archaeological interest within the local area. Policy D8 (Heritage) of the draft Local Plan states that proposals that affect or have the potential to affect archaeological heritage assets will be supported where they demonstrate the appropriate level of investigation and recording within an Archaeology Impact Statement. Given that the site is not within, or close to, any sites of archaeological interest it is not considered that the proposals would affect or have the potential to affect archaeological heritage assets and an AIS is not required. Historic England (Greater London Archaeology Advisory Service) were consulted as part of this application, however, no comments were received. 7.17 The Grand Union Canal conservation area adjoins the north-east corner of the application site but is otherwise separated from it by the Elizabeth line depot. St Mary’s Cemetery conservation area is located c. 300m to the east of the application site and contains a number of listed buildings and monuments (Grade II) associated with the cemetery use. Cumberland Park Factory conservation area is located to the north-east of the application site and comprises the properties 69-91 Scrubs Lane. The residential terraced houses within Wells House Road to the west of the application site are identified as ‘other buildings of heritage interest’ within the OPDC Local Heritage List. 7.18 The Grand Union Canal is situated +30.5m above ordnance datum (AOD). The proposed station building would have a maximum height of +49.9m AOD and as such would be visible within the setting of the Grand Union Canal conservation area. Whilst the station would be visible, given the high quality design and external appearance of the development and the overall scale of the building in the context of the surrounding opportunity area, it is not considered that the design of the building needs to be modified in order to preserve or enhance the character or appearance of the neighbouring conservation areas. Given the location of St Mary’s Cemetery and Cumberland Park Factory conservation areas in relation to the application site, the proposed station building and ancillary structures would not be visible and therefore would present no impact. The Environmental Statement undertaken in support of the Phase One scheme permitted by the Act included a full assessment of the visual effects of the development at Old Oak Common on sensitive locations of historic interest, which included the conservation areas mentioned above. This assessment informed the station’s upper limit of deviation which was approved within the Act (maximum height set at +50m AOD). 7.19 The application site is located adjacent to Wormwood Scrubs which is designated as a Site of Importance for Nature Conservation (SINC) and Metropolitan Open Land (MOL). The application site is currently clear of any vegetation or buildings. Natural England have been consulted on the application and have stated that the proposals would not impact upon any statutory protected sites and therefore have not raised an objection to the proposal. 7.20 Overall, it is not considered that the station design submitted for approval under this Schedule 17 application needs to be modified in order to preserve a site of archaeological or historic interest or nature conservation value

b) The development ought to, and could reasonably, be carried out elsewhere within the development’s permitted limits.

7.21 The location of the main station building is bound by the limits of deviation (LoD) set out within the Act. The vertical LoD for the station building is +50m AOD. The proposed design is within these limits (maximum height of the station +49.9m AOD). The station is considered to be in the most appropriate location within the development’s permitted limits and could not reasonably be carried out elsewhere. 7.22 The location of the ventilation shafts and headhouses are informed by the requirements and layout of the HS2 platforms below the surface. The ventilation shafts and headhouses are not considered capable of being carried out elsewhere within the development’s permitted limits.

8 Human rights and equalities 8.1 The decision maker should take account of the provisions of the Human Rights Act 1998 as they relate to the application and the conflicting interests of the applicants and any third party opposing the application in reaching their decisions. 8.2 The provisions of the Human Rights Act 1998 have been taken into account in the processing of the application and the preparation of this report. In particular, Article 6 (1), of the European Convention on Human Rights (ECHR) in relation to civil rights and a fair hearing; Article 8 of the ECHR in relation to the right to respect for private and family life and Article 1 Protocol 1 of the ECHR in relation to the protection of property have all been taken into account. 8.3 In addition, the Equality Act 2010 provides protection from discrimination in respect of certain protected characteristics namely: age, disability, gender reassignment, pregnancy and maternity, race, religion, or beliefs and sex and sexual orientation. It places the local planning authority under a legal duty to have due regard to the advancement of equality in the exercise of its powers including planning powers. Officers have taken this into account in the assessment of the application and the decision maker must be mindful of this duty inter alia when determining all planning applications. In particular, the decision maker must pay due regard to the need to:  Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act;  Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and;  Foster good relations between persons who share a relevant protected characteristic and persons who do not share it. 8.4 Officers are satisfied that the application material and officers’ assessment have taken these issues into account.

9 Financial implications 9.1 There are no direct financial implications arising from this report. Expenditure and income is subject to the Corporation’s decision making process.

10 Legal implications 10.1 No legal implications arise from the report and it is consistent with the Corporation’s legal framework.

11 Conclusion 11.1 The proposed design and external appearance of the main station building and associated ventilation structures and the location of the retaining walls are considered to be acceptable and have the potential to deliver a high quality station at Old Oak Common. 11.2 The assessment of the proposal has demonstrated that there are no reasonable modifications to the design or external appearance of the station and associated structures that are necessary to preserve the local environment or local amenity, reduce impacts on road safety or the free flow of traffic or to preserve sites of historic or archaeological interest or nature conservation importance. 11.3 Taking account of the grounds for consideration set out in paragraph 2(5) of Schedule 17 of the Act, the application is considered acceptable and is recommended for approval subject to conditions.

12 Recommended Planning Conditions

12.1 COMPLIANCE - Approved Plans The development shall be carried out in accordance with the following approved plans and specifications: Drawing Title Drawing Number GA Plan - Ground Level - Sheet 1 1SN02-WSP-AR-DPL-SS07-GF-051061 GA Plan - Ground Level - Sheet 2 1SN02-WSP-AR-DPL-SS07-GF-051062 GA Plan - Ground Level - Sheet 3 1SN02-WSP-AR-DPL-SS07-GF-051063 GA Plan - First Floor Level Sheet 1 1SN02-WSP-AR-DPL-SS07-F1-051071 GA Plan - First Floor Level Sheet 2 1SN02-WSP-AR-DPL-SS07-F1-051072 GA Plan - Second Floor Level 1SN02-WSP-AR-DPL-SS07-F2-051082 GA Plan - Roof Level 1SN02-WSP-AR-DPL-SS07-F3-051092 North Elevation - Sheet 1 1SN02-WSP-AR-DEL-SS07-051111 North Elevation - Sheet 2 1SN02-WSP-AR-DEL-SS07-051112 East Elevation - Sheet 1 1SN02-WSP-AR-DEL-SS07-051121 East Elevation - Sheet 2 1SN02-WSP-AR-DEL-SS07-051122 South Elevation - Sheet 1 1SN02-WSP-AR-DEL-SS07-051131 South Elevation - Sheet 2 1SN02-WSP-AR-DEL-SS07-051132 West Elevation - Sheet 1 1SN02-WSP-AR-DEL-SS07-051141 West Elevation - Sheet 2 1SN02-WSP-AR-DEL-SS07-051142 HS Long Section - Sheet 1 1SN02-WSP-AR-DSE-SS07-051210 HS Long Section - Sheet 2 1SN02-WSP-AR-DSE-SS07-051211 HS Long Section - Sheet 3 1SN02-WSP-AR-DSE-SS07-051212 HS Long Section - Sheet 4 1SN02-WSP-AR-DSE-SS07-051213 HS Long Section - Sheet 5 1SN02-WSP-AR-DSE-SS07-051214 HS Long Section - Sheet 6 1SN02-WSP-AR-DSE-SS07-051215 CR Long Section - Sheet 1 1SN02-WSP-AR-DSE-SS07-051221 CR Long Section - Sheet 2 1SN02-WSP-AR-DSE-SS07-051222 Short Section CC - Sheet 1 1SN02-WSP-AR-DSE-SS07-051311 Short Section CC - Sheet 2 1SN02-WSP-AR-DSE-SS07-051312 Short Section DD - Sheet 1 1SN02-WSP-AR-DSE-SS07-051321 Short Section DD - Sheet 2 1SN02-WSP-AR-DSE-SS07-051322 Short Section EE - Sheet 1 1SN02-WSP-AR-DSE-SS07-051331 Short Section EE - Sheet 2 1SN02-WSP-AR-DSE-SS07-051332 West Entrance Elevation 1SN02-WSP-AR-DEL-SS07-051411 Roof Edge Details 1SN02-WSP-AR-DDE-SS07-052652 West Portal Elevations 1SN02-WSP-AR-DEL-SS07-051511 West Portal Sections 1SN02-WSP-AR-DSE-SS07-051521 West Core North and South Elevations 1SN02-WSP-AR-DEL-SS07-051611 West Core East and West Elevations 1SN02-WSP-AR-DEL-SS07-051612 West Core Sections 1SN02-WSP-AR-DSE-SS07-051621 East Portal Elevations 1SN02-WSP-AR-DEL-SS07-051711 East Portal Sections 1SN02-WSP-AR-DSE-SS07-051721 East Core West and South Elevations 1SN02-WSP-AR-DEL-SS07-051811 East Core East and North Elevations 1SN02-WSP-AR-DEL-SS07-051812 East Core Sections 1SN02-WSP-AR-DSE-SS07-051821 West Vent Points 1SN02-WSP-AR-DPL-SS07-051911 Eastern Site Ventilation Voids 1SN02-WSP-AR-DPL-SS07-051921 West & East Stair Pressurisation and 1SN02-WSP-AR-DPL-SS07-051931 Spot Cooling Vents West EOP Core + Plant and Cycle Hub 1SN02-WSP-AR-DEL-SS07-052211 Elevations East EOP Core Elevations 1SN02-WSP-AR-DEL-SS07-052311 Conventional Rail Accommodation 1SN02-WSP-AR-DDE-SS07-052611 Typical Elevation 01 Conventional Rail Accommodation 1SN02-WSP-AR-DPP-SS07-052411 Typical Elevation 02 Conventional Rail Overbridge Treatment 1SN02-WSP-AR-DDE-SS07-052511 Conventional Rail Canopy Materials 1SN02-WSP-AR-DDE-SS07-052111 Station Access Retaining Wall 1SN02-WSP-HW-DEL-SS07-581105

Reason: In order to define the permission in accordance with Schedule 17 of the High Speed Rail (London – West Midlands) Act 2017.

12.2 Finishing Design and finishing materials – Head houses and vent shafts Prior to the installation of the external cladding of the head house and vent shaft materials, details of the final design, materials and finishing (including the submission of sample material panels) shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.