BOROUGH OF BARKING & PLANNING COMMITTEE 14 September 2020 Application for S73 Variation to an Outline Planning Permission

Case Officer: Nasser Farooq Valid Date: 17/06/2020 London Borough of Barking Applicant: Expiry Date: 16/09/2020 and Dagenham

Application Number: 20/01251/VAR Ward: Gascoigne Ward

Address: Gascoigne Estate East King Edwards Road, Barking, Barking And Dagenham,

The purpose of this report is to set out the Officer recommendations to Planning Committee regarding an application for a Section 73 Variation to an outline planning permission relating to the proposal below at Gascoigne Estate East King Edwards Road, Barking. Proposal: Application for variation of condition 2 (approved parameter plans) in respect of permission 19/00310/FUL. To amend approved parameter plans in relation to Development Parcels I and J.

Consented development 19/00310/FUL

Hybrid (part full/part outline) application for the phased comprehensive redevelopment of the site for a maximum of 1,575 residential dwellings (Use Class C3); 21,550 sq. m of Education (Use Class D1); 1,355 sq. m Medical facility (Use Class D1); 1,200 sq. m of Employment (Use Class B1); 1,400 sq. m of Community facilities (Use Class D1/D2); 1,850 sq. m of flexible commercial floor space (within Use Classes A1, A2, A3, and B1); 1,000 sq. m to be used as a place of worship (Use Class D1) or employment (Use Class B1); and Energy Centre (all figures given as maximum gross external area); with associated means of access, car parking, landscaping, service infrastructure and other associated works and improvements.

Full planning permission sought on Phase 1A comprising 2.39 Ha. of the site for 348 residential dwellings; 1,355 sq. m floor space to be used as a medical centre (Use Class D1) or Residential (Use Class C3); 300 sq. m of flexible commercial floor space (within Use Classes A1, A2, A3, B1); Energy Centre; internal road layout and associated means of access, car parking, landscaping and other works and improvements; and Phase 1B comprising 0.38 ha of the site for 73 residential dwellings with associated means of access, car parking, landscaping and other works and improvements. ,,Outline planning permission sought on 13.59 Ha. of the site, with all matters reserved, for a maximum of 1,154 residential dwellings (Use Class C3); 21,550 sq. m of Education (Use Class D1); 1,200 sq. m of Employment (Use Class B1); 1,400 sq. m of Community facilities (Use Class D1/D2); 1,550 sq. m of flexible commercial floor space (within Use Classes A1, A2, A3, and B1); 1,000 sq. m to be used as a place of worship (Use Class D1) or employment (Use Class B1) (all figures given as maximum gross external area); with associated means of access Officer Recommendations: Planning Committee is asked to resolve to:

1. agree the reasons for approval as set out in this report; and

2. delegate authority to the London Borough of Barking & Dagenham’s Director of Inclusive Growth in consultation with LBBD Legal Services to grant planning permission subject to any direction from the , the completion of a Unilateral Undertaking under S106 of the Town and Country Planning Act 1990 (as amended) based on the Heads of Terms identified at Appendix 7 of this report and the Conditions listed at Appendix 6 of this report; and

3. that, if by 6th January 2021 the legal agreement has not been completed, the London Borough of Barking & Dagenham’s Director of Inclusive Growth has delegated authority to refuse planning permission or extend this timeframe to grant approval.

Conditions Summary:

1. Submission of reserved matters applications 2. Approved parameter plans / time limit for submission of reserved matters 3. Time limit for commencement 4. Maximum quantum of development 5. Construction Method Statement 6. Delivery and Servicing Plan – schools 7. Construction Logistics Plan 8. Details of boundary treatment 9. 90% M4(2) Accessible and adaptable dwellings and 10% M4(3) Wheelchair adaptable dwellings 10. Scheme of road adoption / parking management 11. Land contamination site investigation 12. Remediation scheme details 13. Acoustic protection scheme 14. External lighting details 15. Construction hours 16. Surface Water Drainage Scheme 17. Levels 18. Plant noise limit 19. Opening hours restriction - commercial uses 20. Ventilation details – restaurant/café uses 21. Air Quality Assessment 22. Travel Plan 23. Noise control measures – roof terraces 24. Satellite dish restriction 25. Bird/bat boxes to be installed 26. Energy efficiency requirements 27. Energy Strategy compliance 28. District Heat Network connections implementation 29. Estate roads implementation 30. Crime prevention measures 31. Vehicular and pedestrian access details for approval 32. Traffic Management Plan – schools 33. Refuse storage details 34. Car parking details 35. Cycle storage details 36. Acoustic protection scheme – schools 37.Sports facilities hours of use restriction 38.Restriction on office use of commercial space 39.Green / living roofs details 40.Bat survey 41.Bird nesting protection measures 42. Fire Statement

S106 – Summary of Heads of Terms:

The Section 106 Heads of Terms are already secured within the original planning permission under 4 separate s106 agreements (one for each phase). These are to be secured through a Deed of Variation in order to ensure they are applicable to this variation application. The already secured s106 heads of terms are set out below:

• Affordable Housing – to be secured at 32.8% Market; 33.7% Shared Ownership; and 33.5% Affordable Rent on a phased approach with a review phase by phase on affordable housing levels depending on market values and viability of the development. • Land to be safeguarded within land parcel G for a secondary school. • Land to be safeguarded within land parcel K for a primary school. • The provision of a combined heat and power plant within Phase 1A. • One-year free membership to Zipcar for residents – setting aside two spaces for the car club; • Future monitoring of queuing/highway capacity of King Edwards Road and any subsequent highways improvement works as necessary. • Cost of relocation and re-provision of bus stops and waiting facilities to enable the re-routing of the 62 London bus route and to allow a new junction to be formed with Ripple Road. • Cost of traffic management orders. • A local labour and suppliers agreement. • Funding towards the provision of a new community facility. • The re-provision of CCTV cameras and provision of appropriate infrastructure to allow installation of cameras if required.

In addition to this, a further s106 obligation has been secured for Phase 3 (this phase)

 The development shall achieve a 100% reduction in carbon dioxide emissions over Part L of the Building Regulations 2013 (when applying updated SAP 10 emission factors) through on-site provision, and a monetary contribution shall be made to the Local Authority’s carbon offset fund to offset the remaining carbon emissions to net zero-carbon.  Restriction on permits to park within the Control Parking Zone with the exception of the allocated spaces set out in a Car Park Management Plan.

OFFICER REPORT Planning Constraints:  Located in Barking Town Centre Area Action Plan (AAP) Area.  Site falls just inside the Epping Forest Special Area of Conservation (SAC) Zone of Influence (3-6.2km Zone).

Site, Situation and Relevant Background Information: The 16.36 hectare site, which is located immediately to the south of the commercial part of Barking Town Centre is bound approximately by St Pauls Road, Ripple Road, King Edwards Road, Alfred’s Way (A13) (excluding the commercial uses fronting the but including Longreach Court and Fiske Court), Gascoigne Road, Gascoigne Primary School, and St. Ann’s (part of which would be retained).

In planning policy the whole of the site falls within the area covered by the Barking Town Centre Area Action Plan.

The proposed amendments to the approved parameter plans cover mainly blocks I and J of the development, centrally located within the wider site. To the north and east of the blocks is Phase 2A (Greatfields Secondary School), one wing of the approved school is occupied with the remainder under construction, and Phase 3A (Greatfields Primary School) has recently been granted reserved matters consent under ref. 19/00028/REM.

Further to the north of Phase 2 is the recently completed Phase 1 (Weavers Quarter) providing 381 residential units.

Relevant Background

1. Original Planning Permission – 14/00703/OUT

Planning permission was granted on 27th March 2015 for a Hybrid ((part full/part outline) application for the:

Phased comprehensive redevelopment of the site for a maximum of 1,575 residential dwellings (Use Class C3);  21,550 sq. m of Education (Use Class D1);  1,355 sq. m Medical facility (Use Class D1);  1,200 sq. m of Employment (Use Class B1);  1,400 sq. m of Community facilities (Use Class D1/D2);  1,850 sq. m of flexible commercial floor space (within Use Classes A1, A2, A3, and B1);  1,000 sq. m to be used as a place of worship (Use Class D1) or employment (Use Class B1); and Energy Centre (all figures given as maximum gross external area); with associated means of access, car parking, landscaping, service infrastructure and other associated works and improvements.

Full planning permission was granted as part of the hybrid application on Phase 1A comprising 2.39 Ha. of the site for:

 348 residential dwellings;  1,355 sq. m floor space to be used as a medical centre (Use Class D1) or Residential (Use Class C3);  300 sq. m of flexible commercial floor space (within Use Classes A1, A2, A3, B1);  Energy Centre; internal road layout and associated means of access, car parking, landscaping and other works and improvements; and Phase 1B comprising 0.38 ha of the site for  73 residential dwellings with associated means of access, car parking, landscaping and other works and improvements.

Outline planning permission was granted on 13.59 Ha. of the site, with all matters reserved, for

 a maximum of 1,154 residential dwellings (Use Class C3);  21,550 sq. m of Education (Use Class D1); 1,200 sq. m of Employment (Use Class B1);  1,400 sq. m of Community facilities (Use Class D1/D2);  1,550 sq. m of flexible commercial floor space (within Use Classes A1, A2, A3, and B1);  1,000 sq. m to be used as a place of worship (Use Class D1) or employment (Use Class B1) (all figures given as maximum gross external area); with associated means of access, car parking, landscaping, service infrastructure and other associated works and improvements.

2. Section 73 Variation to Original Planning Permission – 15/01084/FUL

On 11th January 2016 planning permission was granted for the for variation of condition 2 (drawing numbers) and associated compliance conditions listing drawing numbers and deletion of conditions 15 and 17 in respect of planning permission 14/00703/OUT in order to allow for the retention of the existing medical centre within Phase 1B of the Gascoigne Estate east redevelopment and associated alterations to Block A2. 3. Section 73 Variation to Original Planning Permission – 19/00310/FUL

On 3rd February 2020 planning permission was granted for the variation of condition 49 (approved parameter plans) in respect of planning permission 15/01084/FUL (Gascoigne Estate East redevelopment) to provide for alterations to Phase 2 including adjustments to site layout, and increase in maximum approved building height from 12-storeys to 14-storeys.

4. Current application Section 73 variation to 19/00310/FUL – 20/01251/VAR

The application under consideration is a variation to the section 73 application as following a detailed consideration of the next development parcels requires a variation to the approved parameter plans.

Application for variation of condition 49 (approved parameter plans) in respect of permission 19/00310/FUL. To amend approved parameter plans in relation to Development Parcels I and J.

The amendments include matters such as an increase in maximum building heights.

The purpose of the amendments is to maximise the delivery of residential units within this phase.

The application is submitted in outline with matters of Access, Appearance, Landscaping, Layout, and Scale being reserved matters that are the subject of a separate reserved matters planning applications for approval ref: 20/01250/REM This application is also due to be considered at the Planning Committee on 14th September 2020. The details are set out within a separate Planning Committee report.

The application is referable to the Mayor of London. However, the Mayor of London within the Stage 1 report has confirmed the proposed development does not raise any additional strategic planning issues beyond what has been considered previously. As such, if the Council resolves to grant planning permission, the proposed development is not required to be referred back to the Mayor of London under Stage 2.

Key issues:  Principle of the Proposed Development  Dwelling Mix and Quality of Accommodation  Design and Quality of Materials  Heritage  Impacts to Neighbouring Amenity  Sustainable Transport  Waste Management

 Delivering Sustainable Development (Energy / CO2 reduction / Air Quality)  Biodiversity & Sustainable Drainage  Habitat Regulation Assessment: Epping Forest Special Area of Conservation (SAC)

Planning Assessment: 1. Principle of the Development:

1.1. The National Planning Policy Framework (NPPF) speaks of the need for delivering a wide choice of quality homes which meet identified local needs, in accordance with the evidence base, and to create sustainable, inclusive, and mixed communities. Paragraph 17 specifically states that it is a core planning principle to efficiently reuse land which has previously been developed.

1.2. The London Plan, through policies 3.3, 3.5 and 3.8, outlines that there is a pressing need for more homes in London and that a genuine choice of new homes should be supported which are of the highest quality and of varying sizes and tenures, in accordance with Local Development Frameworks. Residential development should enhance the quality of local places and take account of the physical context, character, density, tenure and mix of the neighbouring environment and as a minimum incorporate the space standards and more detailed requirements, as outlined in the Housing SPG. The Draft London Plan outlines comparable messages to the adopted London Plan in regard to the need for more and good quality homes through policies GG4, D1, D4, H1 and H10.

1.3. The application site is located within the Barking Town Centre Area Action Plan (AAP) area. Barking Town Centre is defined in the London Plan as a Major Centre within the Opportunity Area. Policy CE1 of the Local Plan promotes Barking as a town centre which should offer a mix of uses including retail, leisure, culture and entertainment, housing, community facilities, food and drink.

1.4. Policy CM1 of the Local Plan states that residential development (particularly higher density development) will be focussed in the key regeneration areas, which includes Barking Town Centre. Policy CM2 of the Local Plan sets a target of 6,000 new homes in Barking Town Centre through redevelopment in line with the Barking Town Centre AAP.

1.5. The site forms part of the Barking Town Centre Housing Zone and the proposal will contribute to the Borough’s annual target of additional new homes per year.

1.6. Legislation set out within the Planning Act states that in respect of such minor material amendment applications, the Local Planning Authority should only consider the question of the conditions subject to which planning permission should be granted. It is not necessary therefore to reconsider the whole principle of the development which is already established by the existing outline planning permission.

1.7. The key issue therefore is the differences between the consented scheme and the proposed amendments and their acceptability in planning policy terms. The principle of the development has been established and no additional uses are proposed/ nor has there been a change in planning policy to determine the principle of development to no longer be acceptable.

2. Design (Variations proposed to outline planning permission): Does the proposed development respect the character and appearance of the existing Yes area? Does the proposed development respect and accord to the established local character? Yes Is the proposed development acceptable within the street scene or when viewed from Yes public vantage points? Is the proposed development acceptable and policy compliant? Yes

2.1. The NPPF, policies 3.5, 7.1, 7.4, 7.5 and 7.6 of the London Plan and policies D1, D4 and D6 of the Draft London Plan expect all development to be of high-quality design. This is echoed at local level through policy BP11 of the Local Plan and policy SP4 of the Draft Local Plan.

2.2. Specifically, policy 7.4 of the London Plan requires development to have regard to the form, function and structure of the local context and scale, mass, and orientation of surrounding buildings. It is also required that in areas of poor or ill-defined character, that new development should build on the positive elements that can contribute to establishing an enhanced character for future function of the area. Policy D1 of the Draft London Plan reiterates these objectives.

2.3. Policy BTC17 of the Barking Town Centre Area Action Plan (BTCAAP) states that the Council considers certain locations in the AAP area ‘sensitive’, but as potentially suitable for tall buildings and defines the area around Barking Station as such a location. The policy states that proposals for any tall building must conserve townscape features of local distinctiveness and heritage value and should be of exemplary high-quality design and preserve and enhance important views and skylines.

2.4. The following section discussed the changes to condition 2 following by a justification and assessment as to whether the proposed change is acceptable. 2.5. Condition 2 of 19/00310/FUL states: 2) Plans and particulars of the reserved matters referred to in Condition 1 for each Phase/Sub- Phase shall be submitted in writing to the Local Planning Authority for approval, but shall not materially depart from the following Parameter Plans, or the Allies & Morrison Design Guidelines approved under planning permission 14/00703/OUT unless otherwise agreed in writing by the Local Planning Authority: 9157050100-PP/01; 157050100-PP/02; 157050100-PP/03; 157050100-PP/04; 157050100-PP/05; 157050100-PP/06; 157050100-PP/07; 157050100-P8; 157050100-P9; 157050100-P10. The Applications for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of seven years from the date of this outline permission. Reason: In order to secure a good standard of development and in accordance with policy BP11 of the Borough Wide Development Policies Development Plan Document and to comply with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

Proposed changes to parameter plans

1. An amendment to approved drawing no. 157050100-PP/01 Construction Phasing.

2.6. The amendment is proposed in order to reflect the latest construction programming, it is proposed to amend the approved construction phasing plan as follows:

i. Move Development Parcel K (Greatfields Primary School) from Phase 3A into Phase 2A with parcels G and H (Greatfields Primary School). This is to reflect the fact that the Primary School is now being delivered alongside the Secondary School.

ii. Re-label Development Parcels I and J as ‘Phase 3A’ and Development Parcels L and M as ‘Phase 3B’ to reflect the latest construction programming. For clarity, no changes are proposed to phases 1, 2B, 2C, 2D or 4.

2.7. The proposed construction phasing is considered acceptable and reflects the delivery of the schools which is concurrent rather then sequential. Similarly, the re-labelling of Parcels I and J as 3a is acceptable and will ensure early delivery of housing as shown in the associated reserve matters application.

2. Approved drawing no. 157050100-PP/04 Development Parcels & Approved drawing no. 157050100-P8 Building Heights.

2.8. In order to realise the most optimum use of Development Parcels I and J, it is intended to increase their size as shown on the approved development parcels parameter plan (9157050100-PP/04). It is proposed to increase the maximum building heights of Parcels I and J. Parcel I will increase from a maximum 5 storeys to a maximum of 8 storeys while Parcel J will increase from a maximum of 4 storeys to a maximum of 6 storeys.

2.9. There is no in principle concern in relation to the change in parameter heights and size of development parcels, as the resulting design is reserved at reserved matters stage.

2.10. Discussions have taken place at pre-application stage and it is clear the proposed changes retain the original design intent of the outline planning permission which seek to ensure heights are greatest towards the town centre and fall further south of the application site.

3. Approved drawing no. 157050100-PP/06 Ground floor frontage uses & approved drawing no. 157050100-PP/05 Upper floor frontage uses.

2.11. It is proposed to remove the ‘community facilities’ and ‘retail/employment’ from Development Parcel I. These uses have been relocated and are now within Phases 2B, 2C and 2D (as approved under permission reference: 19/00318/REM). There are no amendments proposed to the floor areas of ‘community facilities’ and ‘retail/employment’ facilities as set out in the description of development or condition 4. It is also proposed to remove ‘residential’ from Parcel H, replacing it with ‘secondary school’, as this parcel of land is now within the demise of Greatfields Primary School (ref: 16/01432/REM and 18/00479/REM). The physical extent of Parcel H remains consistent.

4. Approved drawing no. 157050100-PP/02 Residential Density Development Parcel H.

2.12. Parcel H was originally envisaged as a residential development parcel; however, this has now been utilised as part of the Greatfields Secondary School development. It is, therefore, proposed to reconcile this on the approved parameter plans. Development Parcel H (0.13ha) is no longer included in the calculations for residential density and the number of units per hectare has been recalculated accordingly. There is no change to the overall ‘dwelling range’ or ‘habitable rooms range’.

2.13. Given there is no change to the overall quantum of development as consented, the proposed change is not considered to have an unacceptable impact on the wider development.

5. Approved drawing no. 157050100-PP/03 Defensible zones

2.14. It is proposed to reduce the width of the ‘defensible zone’ around Development Parcels I and J, reducing from a range of 1.2m-2.4m to a range of 1m-2m. The applicant is advised the proposed reduction of defensible zones is in response to the updated advice received from the Environment Agency, which requires the ground floor of both building to be raised from street level. As such, an elevated ground floor reduces the need for wide ‘defensible spaces’ to the street.

2.15. There is no in principle objection to this variation in the parameter plan. The detailed design including defensible space is a matter that will come forward at reserve matters stage.

6. Approved drawing no. 157050100-PP/07 Open Space and approved drawing no. 157050100- P9 Street widths

2.16. It is proposed to amend the boundaries of St Anne’s Square (near parcel I) to reflect the amended development parcels. There is no change to the minimum sqm of this area (1,200 sqm).

2.17. It is proposed to amend the width of streets around development Parcels I and J to reflect physical site conditions releveled by updated topography studies and the approved reserved matters drawings for Greatfields Secondary and Primary Schools. In all cases, roads are getting narrower:

i. The north-south road between development parcels I and G/K will narrow from 16-20m to 16-18m. ii. The road that wraps to the north and west of Parcel J will narrow from 16-18m to 12-16m. All streets will still be able to carry vehicular, pedestrian and cyclist traffic and is not considered to be of lesser quality.

2.18. The above changes have been considered in detail at pre-application stage with the Transportation Development Manager and conditions have been recommended to address the comments made during consultation.

7. Approved drawing no. 157050100-P10 Proposed pedestrian and vehicular circulation routes.

2.19. The recent approval of the reserved matters application for Gascoigne Primary School has resulted in the closure of the E-W vehicular route between development Parcels K and G. It is proposed to reconcile this this on the approved parameter plans.

2.20. This change has been discussed and agreed at pre-application stage with officers. The proposed change creates a safe secure environment for the schools and will not have an unduly detrimental impact on pedestrian and vehicular flows.

2.21. The resulting design of the proposed development is considered to be of a good quality and is not anticipated to be detrimental to local or designated heritage assets. The proposal is generally in keeping with the relevant policies and a full consideration will take place at reserve matters stage.

3. Heritage:

3.1. The NPPF states that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation (and the more important the asset, the greater the weight should be). This is irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance.

3.2. Policy 7.8 of the London Plan, policy HC1 of the Draft London Plan, policies BP2 and CP2 of the Local Plan, policy DM14 of the Draft Local Plan and policy BTC19 of the BTCAAP seek to conserve heritage assets and avoid harm.

3.3. The application site is not subject to any heritage designations. The proposed development would be visible from within the Abbey and Barking Town Centre Conservation Area, despite not being located in the Conservation Area itself. Furthermore, the proposed development is located close to Abbey Green.

3.4. The proposed change whilst increasing the potential height of the buildings is not envisaged to have an unduly detrimental impact on the setting of the conservation area or heritage asset. This is primarily due to the distance of the blocks to the heritage assets and also the design of the development which include taller buildings more closely located to the Abbey Green.

3.5. In reaching this conclusion, Officers have paid special attention to the desirability of preserving or enhancing the character or appearance of the adjacent Abbey and Barking Town Centre Conservation Area in accordance with Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990. Officers have also paid special attention to the desirability of preserving features of special architectural or historic interest, and in particular, Listed Buildings in accordance with Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

4. Impacts to Neighbouring Amenity:

4.1. Paragraph 17 of the NPPF details within its core planning principles that new development should seek to enhance and improve the health and wellbeing of the places in which people live their lives. Paragraph 180 outlines that development proposals should mitigate and further reduce potential adverse impacts resulting from noise from new development and to avoid noise giving rise to significant adverse impacts on health and quality of life.

4.2. Policies 7.1 and 7.6 of the London Plan state that development should not cause unacceptable harm to neighbouring residential buildings in relation to loss of privacy and overlooking. Policy BP8 of the Local Plan and policy DM11 of the Draft Local Plan specifically relate to ensuring neighbourly development, specifying various potential impacts that development proposals shall consider and avoid or minimise. The policy also emphasises adequate access to daylight and sunlight.

Sunlight / Daylight

4.3. The Mayor’s ‘Housing’ SPG states that an appropriate degree of flexibility needs to be applied when using Building Research Establishment (BRE) guidelines to assess the daylight and sunlight impacts of new development on surrounding properties, as well as within new developments themselves. Guidelines should be applied sensitively to higher density development, especially in accessible locations, and should consider local circumstances, the need to optimise housing capacity, and the scope for the character and form of an area to change over time. 4.4. The submitted Daylight & Sunlight Report concludes that there is unduly detrimental effect on daylight to habitable rooms of neighbouring properties resulting from the proposals, with daylight being reasonably maintained / typically meeting the BRE Guide target criteria. In respect of sunlight, the BRE Guide target criteria is met for sunlight to all neighbouring habitable rooms, especially living rooms. In terms of sunlight amenity, there is only limited effect to increased shadowing. It is therefore considered that there is no material adverse effect on daylight and sunlight to surrounding residential properties.

Other amenity impacts

4.5. Other amenity related impacts have been considered previously at outline stage and relevant conditions already imposed to ensure the impacts are acceptable. It is considered there will not be any further amenity impacts arising from the proposal, which overall conforms with the above mentioned policies.

5. Energy and sustainability matters:

5.1. Chapter 5 (London’s response to climate change) of the London Plan and Chapter 9 (Sustainable infrastructure) of the Draft London Plan require development to contribute to mitigation and adaptation to climate change. Specifically, Policy 5.2 of the London Plan and Policy SI2 of the Draft London Plan set out the energy hierarchy development should follow – ‘1. Be Lean; 2. Be Clean; 3. Be Green’. The policies require major residential development to be zero-carbon, with a specific requirement for at least 35% on-site reduction beyond Building Regulations. Where it is clearly demonstrated that the zero-carbon target cannot be fully achieved on site, any shortfall should be provided through a cash in-lieu contribution to the borough’s carbon offset fund and / or off-site, provided that an alternative proposal is identified and delivery is certain. These objectives and targets are also outlined in Policy DM24 of the emerging local plan (Reg 18 stage).

5.2. Policy 5.3 of the London Plan requires development proposals to demonstrate that sustainable design standards are integral to the proposal, including its construction and operation and ensure that they are considered at the beginning of the design process. Policy 5.6 states that development proposals should evaluate the feasibility of Combined Heat and Power (CHP) systems. Major development proposals should select energy systems in accordance with the following hierarchy – ‘1. Connection to existing heating or cooling networks; 2. Site wide CHP network; 3. Communal heating and cooling’. Policy 5.7 seeks an increase in the proportion of energy generated from renewable sources and states that major development proposals should provide a reduction in expected carbon dioxide emissions through the use of on-site renewable energy generation, where feasible.

5.3. The Energy Statement confirms the applicant’s approach to secure the development 100% carbon reduction beyond building regulations for phase 3 which is being amended. Given this is an outline planning permission, full details of how blocks I and J will achieve zero-carbon on the residential for this phase will come forward under reserve matters stage. The reserve matter stage will demonstrate the carbon savings, with a carbon offset fund payment for the development. will be secured as part of the S106 Agreement.an additional s106 obligation has been imposed to achieve this for Phase 3 (as this is the phase that is being amended).

6. Flood Risk Matters:

6.1. Policy 5.13 of the London Plan states that development should utilise sustainable urban drainage systems (SUDS) unless there are practical reasons for not doing so and should aim to achieve greenfield run-off rates and ensure that surface water run-off is managed as close to its source as possible in line with the drainage hierarchy set out within this policy. The policy aspirations are also reiterated by Policy SI13 of the Draft London Plan and at local level by Policies CR4 and BR4 of the Core Strategy and Borough Wide Policies and Policy DM28 of the emerging Local plan (Reg 18 stage). 6.2. The application site is located within Flood Zones 1, 2 and 3 and was assessed as having a low risk of flooding from fluvial, tidal, groundwater, sewer or surface water flooding.

6.3. A flood risk assessment was submitted as part of the application. The main design principals and proposals as set out in this document have been accepted by officers and will be covered in more detail as part of the reserve matters application for plots I and J.

6.4. A condition is already imposed on the outline planning permission which covers Sustainable Urban Drainage. As such, officers are satisfied this matter has been appropriately considered within the original development and does not need to be revisited.

7. Other Matters:

7.1. A further s106 obligation has been imposed to ensure all future residents except those with allocated parking spaces are restricted from applying for a permit on the future Gascoigne Estate CPZ. This is considered necessary given the number of units and restricted number of car parking spaces provided.

7.2. This report has considered the main planning impacts arising from the proposed amendments to the outline planning permission. All other matters remain unchanged and continue to be acceptable subject to the imposition of conditions and s106 heads of terms as outlined within this report.

Conclusions:

The proposed amendments to the outline planning permission, as part of a detailed Analysis full the redevelopment of locks I and J all considered to conform with the original design intent of the outline planning permission and will not have and unduly detrimental impact in relation to any changes in planning policy since the grant of the original planning permission and subsequent variations to the planning permission

As such the officer recommendation is to grant planning permission subject to the securing of deeds of variations to the original section 106 agreements and the conditions listed within appendix 6 of this planning report. Appendix 1: Development Plan Context: The Council has carefully considered the relevant provisions of the Council’s adopted development plan and of all other relevant policies and guidance. Of particular relevance to this decision were the following Framework and Development Plan policies and guidance: National Planning Policy Framework (NPPF) (MHCLG, Feb 2019) Policy 3.3 – Increasing Housing Supply Policy 3.4 – Optimising Housing Potential Policy 3.5 – Quality and Design of Housing Developments Policy 3.6 – Children and Young People’s Play and Informal Recreation Facilities Policy 3.8 – Housing Choice Policy 3.10 – Definition of Affordable Housing Policy 3.11 – Affordable Housing Targets Policy 3.12 – Negotiating Affordable Housing on Individual Private Residential and Mixed Use Schemes Policy 3.13 – Affordable Housing Thresholds Policy 5.2 – Minimising Carbon Dioxide Emissions Policy 5.3 – Sustainable Design and Construction Policy 5.5 – Decentralised Energy Networks Policy 5.6 – Decentralised Energy in Development Proposals Policy 5.7 – Renewable Energy Policy 5.9 – Overheating and Cooling Policy 5.10 – Urban Greening Policy 5.11 – Green Roofs and Development Site Environs Policy 5.13 – Sustainable Drainage Policy 5.14 – Water Quality and Wastewater The London Plan: Spatial Development Infrastructure Strategy for London (GLA, consolidated with Policy 5.15 – Water Use and Supplies alterations since 2011, published March 2016) Policy 5.18 – Construction, Excavation and Demolition Waste Policy 5.21 – Contaminated Land Policy 6.3 – Assessing Effects of Development on Transport Capacity Policy 6.9 – Cycling Policy 6.10 – Walking Policy 6.13 – Parking Policy 7.1 – Lifetime Neighbourhoods Policy 7.2 – An Inclusive Environment Policy 7.3 – Designing Out Crime Policy 7.4 – Local Character Policy 7.5 – Public Realm Policy 7.6 – Architecture Policy 7.7 – Location and Design of Tall and Large Buildings Policy 7.8 – Heritage Assets and Archaeology Policy 7.13 – Safety, Security and Resilience to Emergency Policy 7.14 – Improving Air Quality Policy 7.15 – Reducing and Managing Noise, Improving and Enhancing the Acoustic Environment and Promoting Appropriate Soundscapes Policy 8.2 – Planning Obligations Policy 8.3 - Community Infrastructure Levy The Mayor of London’s Draft London Plan - Intend to Publish version December 2019 is under Examination. Having regard to NPPF paragraph 48 the emerging document is a material consideration and appropriate weight will be given to its policies and suggested changes in decision-making, unless other material considerations indicate that it would not be reasonable to do so. Policy GG1 - Building Strong and Inclusive Communities Policy GG2 - Making the Best Use of Land Policy GG3 - Creating a Healthy City Policy GG4 - Delivering the Homes Londoners Need Policy D1 - London’s Form, Character and Capacity for Growth Policy D2 - Infrastructure Requirements for Sustainable Densities Policy D3 - Optimising Site Capacity Through the Design-Led Approach Policy D4 - Delivering Good Design Policy D5 - Inclusive Design Policy D6 - Housing Quality Standards Policy D7 - Accessible Housing Policy D8 - Public Realm Policy D9 – Tall Buildings Policy D11 - Safety, Security and Resilience to Emergency Policy D12 - Fire Safety Policy D14 - Noise Policy E1 - Offices Policy H1 - Increasing Housing Supply Policy H4 - Delivering Affordable Housing Draft London Plan - Intend to Publish version Policy H5 - Threshold Approach to Applications December 2019 Policy H6 - Affordable Housing Tenure Policy H7 - Monitoring of Affordable Housing Policy H10 - Housing Size Mix Policy H11 – Build to Rent Policy HC1- Heritage and Conservation Policy G1 - Green Infrastructure Policy G5 - Urban Greening Policy G6 - Biodiversity and Access to Nature Policy SI1 - Improving Air Quality Policy SI2 - Minimising Greenhouse Gas Emissions Policy SI3 - Energy Infrastructure Policy SI7 - Reducing Waste and Supporting the Circular Economy Policy SI8 - Waste Capacity and Net Waste Self- Sufficiency Policy SI12 - Flood Risk Management Policy SI13 - Sustainable Drainage Policy T1 - Strategic Approach to Transport Policy T2 - Healthy Streets Policy T3 - Transport Capacity, Connectivity and Safeguarding Policy T4 - Assessing and Mitigating Transport Impacts Policy T5 - Cycling Policy T6 - Car Parking Policy CM1 – General Principles for Development Policy CM2 – Managing Housing Growth Local Development Framework (LDF) Core Policy CM5 – Town Centre Hierarchy Strategy (July 2010) Policy CR1 – Climate Change and Environmental Management Policy CC1 – Family Housing Policy CC3 – Achieving Community Benefits Through Developer Contributions Policy CE1 – Vibrant and Prosperous Town Centres Policy CP1 – Vibrant Culture and Tourism Policy CP2 – Protecting and Promoting Our Historic Environment Policy CP3 – High Quality Built Environment Policy BR1 – Environmental Building Standards Policy BR2 – Energy and On-Site Renewables Policy BR3 – Greening the Urban Environment Policy BR4 – Water Resource Management Policy BR5 – Contaminated Land Policy BR9 – Parking Policy BR10 – Sustainable Transport Policy BR11 – Walking and Cycling Policy BR13 – Noise Mitigation Policy BR14 – Air Quality Policy BR15 – Sustainable Waste Management Policy BC1 – Delivering Affordable Housing Local Development Framework (LDF) Borough Policy BC2 – Accessible and Adaptable Housing Wide Development Plan Document (DPD) Policy BC7 – Crime Prevention (March 2011) Policy BC8 – Mixed Use Development Policy BE2 – Development in Town Centres Policy BE4 – Managing the Evening Economy Policy BE5 – Offices – Design and Change of Use Policy BP2 – Conservation Areas and Listed Buildings Policy BP3 – Archaeology Policy BP4 – Tall Buildings Policy BP5 – External Amenity Space Policy BP6 – Internal Space Standards Policy BP8 – Protecting Residential Amenity Policy BP10 – Housing Density Policy BP11 – Urban Design Policy BTC5 – Leisure Uses and the Evening Economy Policy BTC13 – Housing Supply Policy BTC16 – Urban Design Policy BTC17 – Tall Buildings Barking Town Centre Area Action Plan Policy BTC19 – Heritage and the Historic Environment (BTCAAP) (February 2011): Policy BTC22 – Sustainable Energy Policy BTC23 – Developer Contributions

The London Borough of Barking and Dagenham’s Draft Local Plan: (Regulation 18 Consultation Version, November 2019) is at an “early” stage of preparation. Having regard to NPPF paragraph 216 the emerging document is now a material consideration and limited weight will be given to the emerging document in decision-making, unless other material considerations indicate that it would not be reasonable to do so. Policy SP1 - Delivering Growth Policy SP2 - Delivering Homes that Meet People’s Needs Policy SP4 - Delivering High Quality Design in the The London Borough of Barking and Borough Dagenham’s Draft Local Plan: (Regulation 18 Policy SP5 - Enhancing our Natural Environment Consultation Version, November 2019) Policy SP6 - Securing a Sustainable and Clean Borough Policy DM1 - Affordable Housing Policy DM2 - Housing Size and Mix Policy DM11 - Responding to Place Policy DM14 - Conserving and Enhancing Heritage Assets and Archaeology Policy DM19 - Urban Greening Policy DM20 - Nature Conservation and Biodiversity Policy DM24 - Energy, Heat and Carbon Emissions Policy DM26 - Improving Air Quality Policy CM27 – Land Contamination Policy DM28 - Managing Flood Risk, including Surface Water Management Policy DM29 - Managing our Waste Policy DM31 - Making Better Connected Neighbourhoods Policy DM32 - Cycle and Car Parking Policy DM33 - Deliveries, Servicing and Construction Policy DM36 - Development Contributions DCLG Technical Housing Standards (nationally described space standard) (DCLG, March 2015) (as amended)

Affordable Housing and Viability Supplementary Planning Guidance (GLA, August 2017)

Housing Supplementary Planning Guidance (GLA, March 2016, Updated August 2017)

Shaping Neighbourhoods: Character and Context Supplementary Planning Guidance (GLA, June 2014)

Accessible London – Achieving an Inclusive Environment Supplementary Planning Guidance (GLA, October 2014)

Sustainable Design and Construction Supplementary Supplementary Planning Documents / Other Planning Guidance (GLA, April 2014)

Town Centres Supplementary Planning Guidance (GLA, July 2014)

Shaping Neighbourhoods: Play and Informal Recreation Supplementary Planning Guidance (GLA, September 2012)

Planning Advice Note - Waste and Recycling Provisions in New and Refurbished Residential Developments (10 February 2013)

London Riverside Opportunity Area Planning Framework (OAPF) (2015)

Additional Reference: Human Rights Act

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. Equalities

In determining this planning application, Be First on behalf of the London Borough of Barking & Dagenham has had regard to its equalities obligations including its obligations under section 149 of the Equality Act 2010 (as amended).

For the purposes of this application there are no adverse equalities issues.

Local Government (Access to Information) Act 1985

Background papers used in preparing this report:  Planning Application  Statutory Register of Planning Decisions  Correspondence with Adjoining Occupiers  Correspondence with Statutory Bodies  Correspondence with other Council Departments  National Planning Policy Framework  London Plan  Local Plan

Appendix 2: Relevant Planning History: Application Number: 14/00703/OUT Status: Approved 27/03/2015 Phased comprehensive redevelopment of the site for a maximum of 1,575 residential dwellings (Use Class C3);  21,550 sq. m of Education (Use Class D1);  1,355 sq. m Medical facility (Use Class D1);  1,200 sq. m of Employment (Use Class B1);  1,400 sq. m of Community facilities (Use Class D1/D2);  1,850 sq. m of flexible commercial floor space (within Use Classes A1, A2, A3, and B1);  1,000 sq. m to be used as a place of worship (Use Class D1) or employment (Use Class B1); and Energy Centre (all figures given as maximum gross external area); with associated means of access, car parking, landscaping, service infrastructure and other associated works and improvements.

Description: Full planning permission was granted as part of the hybrid application on Phase 1A comprising 2.39 Ha. of the site for:

 348 residential dwellings;  1,355 sq. m floor space to be used as a medical centre (Use Class D1) or Residential (Use Class C3);  300 sq. m of flexible commercial floor space (within Use Classes A1, A2, A3, B1);  Energy Centre; internal road layout and associated means of access, car parking, landscaping and other works and improvements;

and Phase 1B comprising 0.38 ha of the site for 73 residential dwellings with associated means of access, car parking, landscaping and other works and improvements. Application Number: 15/01084/FUL Status: Approved on 11/01/2016 Variation of condition 2 (drawing numbers) and associated compliance conditions listing drawing numbers and deletion of conditions 15 and 17 in Description: respect of planning permission 14/00703/OUT in order to allow for the retention of the existing medical centre within Phase 1B of the Gascoigne Estate east redevelopment and associated alterations to Block A2. Application Number: 19/00310/FUL Status: Approved 3/02/2016 Variation of condition 49 (approved parameter plans) in respect of planning permission 15/01084/FUL (Gascoigne Estate East redevelopment) to provide for alterations to Phase 2 including adjustments to site layout, and Description: increase in maximum approved building height from 12-storeys to 14- storeys.

Application Number: Other reserve matters and conditions submitted and approved. Not listed Description: here. Enforcement Case: N/A Status: - Alleged breach: - Appendix 3: The following consultations have been undertaken:

 LBBD Community Solutions  LBBD Policy and Participation  LBBD Employment and Skills  LBBD District Heating / Energy  LBBD CCTV, Community Safety and Public Protection  LBBD Environmental Health  LBBD Emergency Planning  LBBD Refuse Services  LBBD Car Club / Travel plan / CPZ / Parking  LBBD Access Officer  LBBD Lead Local Flood Authority  Designing Out Crime  and Suffolk Water Company  National Grid  UK Power Networks  London Fire Brigade  Thames Water  Historic Archaeology  Historic England Buildings   Natural England  Environment Agency  Be First Regeneration  Be First Transport Development Management

Summary of Consultation responses: Consultee and Summary of Comments Officer Comments date received

Environmental The application relates to parameter plans and Noted. These conditions have Health the applicant will need to discharge conditions been re-produced. 15, 26-30, 31, 32, 36, 38, 39, 41.

Environment No objection. Noted. Agency (e-mail dated 13th July 2020)

Greater London The application raises NSI (No Strategic Noted. Authority Issues) and does not need to be referred back under stage 2.

Historic The proposal is unlikely to have a significant Noted. England effect on heritage assets of archaeological (Archaeology) interest. No further assessment or conditions (30th June 2020) are therefore necessary.

Historic Do not wish to comment on the application. Noted. England (Building) (25th June 2020)

London City No objection Noted. Airport (letter dated 13th July)

London Fire The Fire Commissioner is satisfied with the Noted. Brigade (Water proposal. Team) (21st July)

Natural No comments to make Noted. England Transport for No comments to make Noted. London Infrastructure protection Transport for Overall, TfL supports this application subject to Noted, cycle parking and car London (email confirmation that the cycle parking will parking is considered further within 17/07/2020) definitely comply with our LCDS guidance and the reserve matters application. provided that the car parking proposed is reviewed over time and ideally lowered in response to low future demand.

Thames Water Conditions recommended regarding to The applicant has been made (e-mail dated 1st Capacity to serve the development aware of Thames Water’s July 2020) comments. No objection with regard to foul water sewage network infrastructure capacity. The relevant condition has been recommended on the associated reserve matters applications. Transport Recommend that the green spine should be In accordance with the comments Development reinstated as a secondary street as illustrated the minimum street width of 16m Management throughout the masterplan with a street width has been provided as shown on the 1/09/2020 of 16 – 24m to accommodate safely all the parameter plans. The submitted different type of road users and two-way trips reserve matters shows the footway expected to use this road, including the various as retained. operational delivery and servicing requirements, street furniture etc.. Lastly, a condition has been recommended to ensure the road A shared space route is to be removed width within Phase 4 is no less than between Plot I and St Ann’s Square to allow 16 metres. the park to be maximised and used for SuDS. However, there is a likely to be a desire line created through this area and some footway provision should be retained or provided within the soft landscaping details for the park.

The road width between blocks (J&K) and (O&N) is not shown and this should be 16M to 24M as illustrated within the road hierarchy and street widths. Appendix 4: Neighbour Notification: Site Notices Erected: Yes

Date of Press Advertisement: 9TH July 2020 Number of neighbouring properties consulted: 35 Number of responses: One requesting clarification on the demolition of Dove House.

Officer Summary: Officers note receipt of the comment above, this matter has been passed to the applicant to address. The material planning considerations are addressed within the planning assessment. Appendix 5: Site Plan: Appendix 6 conditions: 1) Approval of details of the access, appearance, landscaping, layout and scale of the proposed development for each Phase/Sub-Phase within Phases 2, 3 and 4 as highlighted on Phasing Parameter Plan BF0147-PITA-ZZ-00-MP-A-060380 P1 or any subsequent update agreed - (hereinafter called the 'reserved matters') shall be obtained from the Local Planning Authority in writing before any development within that Phase (excluding demolition) is commenced. Reason: The application is in outline only, and these details remain to be submitted and approved.

2) Plans and particulars of the reserved matters referred to in Condition 1 for each Phase/Sub- Phase shall be submitted in writing to the Local Planning Authority for approval, but shall not materially depart from the following Parameter Plans, or the Allies & Morrison Design Guidelines approved under planning permission 14/00703/OUT unless otherwise agreed in writing by the Local Planning Authority:

BF0147-PITA-ZZ-00-MP-A-060380 P1–Construction Phasing dated 10.06.20 BF0147-PITA-ZZ-00-MP-A-060371 P1–Parameter Plans Development Parcels dated 10.06.20 BF0147-PITA-ZZ-00-MP-A-060378 P1–Parameter Plans Residential Density dated 10.06.20 BF0147-PITA-ZZ-00-MP-A-060379 P1–Parameter Plans Building Heights dated 10.06.20 BF0147-PITA-ZZ-00-MP-A-060372 P1–Parameter Plans Vehicular and Pedestrian Circulation dated 10.06.20 BF0147-PITA-ZZ-00-MP-A-060373 P1–Parameter Plans Street Widths dated 10.06.20 BF0147-PITA-ZZ-00-MP-A-060374 P1–Parameter Plans Defensible Zones dated 10.06.20 BF0147-PITA-ZZ-00-MP-A-060375 P1–Parameter Plans Ground Floor Uses dated 10.06.20 BF0147-PITA-ZZ-00-MP-A-060376 P1–Parameter Plans Upper Floor Uses dated 10.06.20 BF0147-PITA-ZZ-00-MP-A-060377 P1–Parameter Plans Open Space dated 10.06.20

The Applications for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of seven years from 27th March 2015 of this outline permission. Reason: In order to secure a good standard of development and in accordance with policy BP11 of the Borough Wide Development Policies Development Plan Document and to comply with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

3) Each Phase/Sub-Phase of the development shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved for that Phase/Sub- Phase. Reason: To comply with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

4) The development hereby approved shall be limited to a maximum quantum of floorspace/unit numbers as follows: • Housing (Use Class C3) 1,575 Residential Units • Education (Use Class D1) 21,550 sqm • Business (Use Class B1) 2,200 sqm • Community Uses (Use Class D1) 2,400 sqm • Flexible Retail/Business (Use Class A1/A2/A3/B1) 1,550 sqm

Reason: In order to ensure that the development causes no additional impact that has not been assessed as part of the planning application proposal and in accordance with policy CM1 of the Core Strategy. 5) No development within any Phase or Sub-Phase consistent with Drawing No. BF0147-PITA- ZZ-00-MP-A-060380 P1 shall take place, including any works of demolition (except demolition the subject of a Prior Approval application under Part 31 of the General Permitted Development Order), until a Construction Method Statement for that Phase or Sub-Phase has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall comply with the recommendations contained within British Standard 5228:2009, "Code of practice for noise and vibration control on construction and open sites", Parts 1 and 2; and shall provide for:

a) the parking of vehicles of site operatives and visitors; b) details of access to the site; c) loading and unloading and the storage of plant and materials used in constructing the development; d) the erection and maintenance of security hoardings including decorative displays; e) wheel washing facilities; f) measures to control the emission of noise, vibration, dust and dirt during construction; including but not limited to non-road mobile machinery requirements (NRMM), are to be implemented throughout the works to which this permission relates; g) a scheme for recycling/disposing of waste resulting from demolition and construction works.

Reason: In order to reduce the environmental impact of the construction and the impact on the amenities of neighbouring residents and in accordance with policy BP8 of the Borough Wide Development Policies Development Plan Document.

6) Prior to the commencement of the use of the primary school, secondary school or any permitted D1 use that is implemented a Delivery and Servicing Plan for the D1 use, to incorporate details of deliveries to the site, including size of vehicle, routing of deliveries, and times of deliveries shall be submitted to and approved in writing by the Local Planning Authority. The Plans shall be adhered to thereafter unless otherwise agreed in writing by the Local Planning Authority. Reason: In order to minimise the impact of the developments on the local highway network and traffic congestion and in accordance with policy BR10 of the Borough Wide Development Policies Development Plan Document.

7) Prior to the commencement of development (excluding demolition) within any Phase or Sub- Phase consistent with Drawing No. BF0147-PITA-ZZ-00-MP-A-060380 P1 (or any subsequent update agreed) a Construction Logistics Plan for that Phase/Sub-Phase shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall be designed to minimise deliveries of materials and export of any waste materials within the times of peak traffic congestion on the local road network. The Plan shall be implemented in accordance with the approved details and thereafter maintained. Reason: In order to minimise the impact of the development on the free flow of traffic on the local highway network and in the interests of highway safety and in accordance with policy BR10 of the Borough Wide Development Policies Development Plan Document.

8) The relevant Phase or Sub-Phase consistent with Drawing No BF0147-PITA-ZZ-00-MP-A- 060380 P1(or any subsequent update agreed) of the development shall not be occupied until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the position, design, materials and type of boundary treatment to be erected for that Phase or Sub-Phase of the development and the approved boundary treatment for that part of the development has been provided. The approved boundary treatment shall be retained unless the Local Planning Authority gives prior written approval for its removal. Reason: To ensure the boundary treatment protects or enhances the character and amenity of the area in accordance with policy BP11 of the Borough Wide Development Policies Development Plan Document.

9) Ninety percent (90%) of the residential units hereby permitted (with the exception of those within Phases 2B and 2C) shall be constructed to achieve Building Regulation M4(2) 'Accessible and adaptable dwellings' standards and ten percent (10%) of the residential units hereby permitted (across the entire application site - Phases 1A; 1B; 2; 3 and 4 as an entirety) shall be constructed to achieve Building Regulation M4(3) 'Accessible and adaptable dwellings' standards (wheelchair adaptable units). The final layout of all the M4(3) units within any Phase or Sub-Phase, and all M4(2) units (excluding Phases 2B and 2C) consistent with Drawing BF0147-PITA-ZZ-00-MP-A-060380 P1 (or any subsequent update agreed) is to be approved in writing by the Local Planning Authority for that Phase/Sub-Phase prior to any above ground development within that Phase. A. The details submitted under condition 20/00423/CDN are considered sufficient in respect of Phase 2 Block C1 The development shall then be carried out in accordance with the approved details. Minor variations may be agreed in writing by the Local Planning Authority. Reason: To ensure that accessible housing is provided in accordance with policy BC2 of the Borough Wide Development Policies Development Plan Document and policy 3.8 of the London Plan. (In respect of M4(2) units within Phases 2B and 2C sufficient detail has been provided within reserved matters planning application ref. 19/00318/REM).

10) No development shall commence above ground level within any Phase or Sub Phase consistent with Drawing No. BF0147-PITA-ZZ-00-MP-A-060380 P1 (or any subsequent update agreed) until a detailed scheme for the design and materials of the estate roads including details of those areas proposed for adoption, and for the management and enforcement of both on- street parking and off-street parking, and the allocation of parking spaces within that Phase or Sub-Phase, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall also demonstrate that servicing and refuse vehicles would be able to access the relevant parts of the development in a safe manner. The development shall be carried out in accordance with the approved scheme and the approved parking strategy shall be implemented and thereafter maintained in accordance with the approved details. A. The details submitted under condition 20/00423/CDN are considered sufficient in respect of Phase 2 Block C1 Reason: In the interest of good design, and to ensure adequate parking facilities for each part of the residential development and not to prejudice the free flow of traffic or conditions of general safety along the adjoining highway, and in the interest of the residential amenity of the future occupants in accordance with policy BR10 of the Borough Wide Development Policies Development Plan Document.

11) A) No development ('development' includes land remediation and ground works), with the exception of demolition down to existing ground level only or demolition including slab and foundations as approved under refs. 17/01262/PRIOR4 and 17/01364/PRIOR4 in respect of the sites of Barnes House, Rookwood House, 28-69, 70-98, 99-122, 124-159, 160-192, 193- 219, 221-232 St. Marys & 117-125 Wheelers Cross (within Phase 2A and part of Phase 3A) shall take place in any Phase or Sub Phase consistent with Drawing No. 9157050100-PP/01 (or any subsequent update agreed) until the applicant has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation for that Phase/Sub-Phase which has been submitted by the applicant and approved by the Local Planning Authority, unless otherwise approved in writing by the Local Planning Authority. I. The details submitted under condition 20/00235/CDN are considered sufficient in respect of Phase 2. B) No development excluding the exceptions set out in Part A) shall take place other that in accordance with the Written Scheme of Investigation approved under Part (A). C) No Phase or Sub-Phase of the development shall be occupied until the site investigation and post investigation assessment has been completed for that Phase/Sub-Phase in accordance with the programme set out in the Written Scheme of Investigation approved under Part (A) and the provision made for analysis, publication and dissemination of the results and archive deposition has been secured. Reason: To safeguard the heritage of the Borough by providing an adequate opportunity to investigate and excavate archaeological remains on the site before development is carried out in accordance with policy BP3 of the Borough Wide Development Policies Development Plan Document.

12) A) Land contamination site investigation An investigation and risk assessment for any phase or sub-phase consistent with Drawing No. 9157050100-PP/01 (or any subsequent update agreed) (with the exception of Sub-Phase B (Blocks B1 and B2) of Phase 1A), in addition to any assessment provided with the planning application for that Phase or Sub-Phase, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme for each phase or sub-phase are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced for that phase or sub-phase. The written report for each phase or sub-phase is subject to the approval in writing of the Local Planning Authority.

The written report of the investigation and risk assessment in respect of Sub-Phase B (Blocks B1 and B2) of Phase1A is approved under reference 15/01320/CDN. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: • human health, • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • adjoining land, • groundwaters and surface waters, • ecological systems, • archaeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. B) Remediation scheme submission Where indicated by the investigation and risk assessment, a detailed remediation scheme for the relevant phase or sub-phase of the site (with the exception of Sub Phase B (Blocks B1 and B2) of Phase 1A) to bring it to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared for each phase or sub-phase, and is subject to the approval in writing of the Local Planning Authority. The scheme for each phase or sub-phase must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. (No remediation is required in respect of Sub-Phase B (Blocks B1 and B2) of Phase 1A). Note. The details submitted under condition 20/00175/CDN are considered sufficient in respect of parts A and B for Phase 2. C) Remediation scheme implementation The approved remediation scheme for the relevant Phase or Sub-Phase must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, and excluding demolition to ground level only, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works for the relevant phase or subphase. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced for the relevant phase or sub-phase, and is subject to the approval in writing of the Local Planning Authority. D) Unexpected contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken for the relevant phase or sub-phase in accordance with the requirements of condition 12 A), and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 12 B), which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report for each phase or sub-phase must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 12 C). Reason for Condition 12: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors in accordance with Policy BR5 of the Borough Wide Development Policies Development Plan Document.

13) A) No above ground development within Phase 3 or 4 or any Sub-Phase within Phases 3 or 4, consistent with Drawing No. BF0147-PITA-ZZ-00-MP-A-060380 P1 (or any subsequent update agreed) shall take place until full details of a scheme of acoustic protection of habitable rooms within that Phase/Sub-Phase against road traffic noise has been submitted to and approved in writing by the Local Planning Authority. Unless otherwise agreed in writing with the Local Planning Authority, the scheme of acoustic protection shall be sufficient to secure internal noise levels no greater than 35 dB LAeq in living rooms (07.00 hours to 23.00 hours) with windows closed. Additionally, where the internal noise levels will exceed 35 dB LAeq in bedrooms (23.00 hours to 07.00 hours) or 40 dB LAeq in living rooms (07.00 hours to 23.00 hours) with windows open the scheme of acoustic protection shall incorporate a ventilator system which is commensurate with the performance specification set out in Schedule 1 (paragraphs 6 and 7) of The Noise Insulation Regulations 1975 (as amended). The approved scheme shall be fully implemented before the first occupation of the dwelling to which it relates and shall be maintained at all times thereafter. B) Phase 2B and 2C of the development shall be carried out in accordance with the submitted Phase 2 acoustics report and the specified façade sound insulation requirements shall be installed to each building prior to its occupation. Reason: To maintain reasonable levels of protection for the occupiers of the development from external noise and in accordance with policy BP8 of the Borough Wide Development Policies Development Plan Document.

14) No above ground development of any Phase/Sub-Phase (with the exception of Phases 2B and 2C) as shown on Drawing No. BF0147-PITA-ZZ-00-MP-A-060380 P1 (or any subsequent update agreed) shall commence above ground level until a scheme showing the provisions to be made for all external lighting (including street lighting and floodlighting for the sports facilities) for that Phase/Sub-Phase has been submitted to and approved in writing by the Local Planning Authority. The external lighting is to be designed, installed and maintained so as to fully comply with The Institution of Lighting Professionals publication, "Guidance Notes for the Reduction of Obtrusive Light", reference GN01:2011. The design shall satisfy criteria to limit obtrusive light presented in Table 2 of the document, relating to Environmental Zone E3 - Medium district brightness areas - small town centre or suburban locations. External lighting in respect of Phases 2B and 2C shall be installed and thereafter maintained, prior to the occupation of the part of the development it serves, in accordance with the submitted External Lighting report, 31 Jan. 2019. Reason: In the interests of enhancing security and safety, to avoid light pollution and safeguard neighbouring amenity and in accordance with policy BP11 of the Borough Wide Development Policies Development Plan Document.

15) No construction related deliveries, external running of plant and equipment or construction works, other than internal works not audible outside the site boundary, shall take place on the site other than between the hours of 08.00 to 18.00 on Monday to Friday and 08.00 to 13.00 on Saturday and not at all on Sundays, Public or Bank Holidays without the prior written permission of the Local Planning Authority. Reason: To ensure that the proposed construction work does not cause undue nuisance and disturbance to neighbouring properties at unreasonable hours and in accordance with policy BP8 of the Borough Wide Development Policies Development Plan Document.

16) A) The development (excluding demolition) of any Phase or Sub-Phase (with the exception of Phase 2B and 2C), each phase or sub-phase consistent with Drawing No. BF0147-PITA-ZZ- 00-MP-A-060380 P1 (or any subsequent update agreed) shall not be commenced until a detailed surface water drainage scheme for that Phase/Sub-Phase, based on the agreed flood risk assessment (FRA), 11007 - Gascoigne Estate FRA Rev B, has been submitted to and approved in writing by the Local Planning Authority. The drainage strategy for that Phase or Sub-Phase shall include a restriction in run-off and surface water storage on site as outlined in the FRA. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed, and 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. B) Phases 2B and 2C shall be implemented in accordance with the submitted Phase 2 Flood Risk Assessment (ref. 1012-01) and the stated mitigation measures shall be installed and thereafter maintained prior to the occupation of Phase 2B and 2C. C) Phase 3A shall be implemented in accordance with the submitted Phase 3A Flood Risk Assessment (ref. 2190603) and the stated mitigation measures shall be installed and thereafter maintained prior to the occupation of Phase 3A Reason: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, to prevent sewage flooding, and to ensure that sufficient capacity is made available to cope with the new development, and in order to avoid adverse environmental impact upon the community and in accordance with policy CR4 of the Core Strategy.

17) Other than works of demolition, no development within any Phase or Sub-Phase consistent with Drawing No. BF0147-PITA-ZZ-00-MP-A-060380 P1 (or any subsequent update agreed) shall commence until details of the proposed finished external ground levels and finished levels of the lowest car park level for that Phase/Sub-Phase have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: In order that finished building heights comply with the approved plans and to protect the amenities of neighbouring residents and in accordance with policy BP8 of the Borough Wide Development Policies Development Plan Document.

18) The rating level of the noise from plant installed pursuant to this permission wherever it may be located shall not exceed the existing background noise level at any time at the outside of windows to noise sensitive buildings in the vicinity of the development hereby permitted. Any assessment of compliance with this condition shall be made according to the methodology and procedures presented in BS4142:2014. Reason: To maintain reasonable levels of protection for the occupiers of the development from external noise and in accordance with policy BP8 of the Borough Wide Development Policies Development Plan Document.

19) The A1, A2 and A3 uses hereby permitted shall only be permitted to be open to the public between the hours of 07.00 and 23.00 on any day. Reason: To prevent the use causing undue disturbance to the occupants of adjoining properties at unreasonable hours and in accordance with policy BP8 of the Borough Wide Development Policies Development Plan Document.

20) In the event of seeking an A3 use within the commercial units, details of a ventilation system for the removal and treatment of cooking odours which include measures to mitigate system noise are to be submitted to the Local Planning Authority prior to the commencement of that use. The details shall have regard to guidance and recommendations in DEFRA publication 'Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems'. The approved details shall be fully implemented prior to the first use for that purpose and shall be maintained at all times so long the unit remains in A3 use. The measures shall have regard to and be commensurate with guidance and recommendations in: • the current edition of publication '"Specification for Kitchen Ventilation Systems", DW/172, Heating and Ventilating Contractors Association, or other relevant and authoritative guidance. • publication, "Control of odour and noise from commercial kitchen exhaust systems - Update to the 2004 report prepared by NETCEN for the Department for Environment, Food and Rural Affairs", Ricardo.com, 2018. Details shall have regard to guidance and recommendations in DEFRA publication 'Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems'.

The approved details shall be fully implemented prior to the first use for that purpose and shall be maintained at all times so long the unit remains in A3 use. Reason: To safeguard the appearance of the premises and minimise the impact of cooking smells and odours in accordance with policy BP8 of the Borough Wide Development Policies Development Plan Document.

21) No development within any Phase or Sub-Phase (with the exception of Phases 2B and 2C) consistent with Drawing No. BF0147-PITA-ZZ-00-MP-A-060380 P1 (or any subsequent update agreed) shall commence above ground level until the applicant has submitted to the Local Planning Authority for approval further details of an air quality assessment/ air quality mitigation proposals for that Phase/Sub-Phase developed on the basis of a further Nitrogen Dioxide monitoring study, the details of which are to be provided to the Local Planning Authority. If the air quality assessment identifies that dwellings/classrooms will be exposed to Nitrogen Dioxide (NO2)) in excess of the relevant standards (as prescribed in the Quality Standards Regulations 2010), the assessment shall include details of a ventilation scheme for the mitigation of air quality in affected rooms. The ventilation scheme is to be fully implemented before the first use of the development to which it relates and is to be permanently retained thereafter. It is expected that the design of any ventilation scheme will include, but not necessarily be limited to; a) The positioning or air intakes for buildings as high as possible and away from the direct influence of air pollution from the A13 road; b) The location of air exhausts such that re-entry to a building, or ingestion into other nearby buildings, is minimised. Reason: To protect the health and amenities of future occupiers and in accordance with policies BP8, BC10 and BR14 of the Borough Wide Development Policies Development Plan Document.

22) A) The development hereby permitted (with the exception of development within Phases 2B and 2C) shall not be occupied until there has been submitted to and approved in writing by the Local Planning Authority a Framework Travel Plan, from which a detailed Travel Plan for each Phase/Sub-Phase as shown on Drawing No. BF0147-PITA-ZZ-00-MP-A-060380 P1 (or any subsequently agreed update) shall be submitted to and approved by the Local Planning Authority for the site, which shall include proposals for minimising car-borne travel and encouraging walking, cycling and the use of public transport. No Phase shall be occupied until the detailed Travel Plan for that Phase has been approved in writing. The Travel Plan Framework and subsequent detailed plans shall include details of funding, implementation, monitoring and review. The approved Travel Plans shall be implemented and monitored in accordance with the approved scheme.

B) Phases 2B and 2C shall not be occupied until the implementation of the Phase 2 Transport Statement and Framework Travel Plan (ref. 1012/01 Rev. P01) which shall thereafter be maintained. Reason: To encourage the use of sustainable transport and in accordance with policy BR10 of the Borough Wide Development Policies Development Plan Document.

23) With the exception of development within Phases 2B and 2C where roof(s) are to be accessible for recreational purposes a scheme for protecting the proposed upper floor dwellings from structure borne noise through the roof(s) concerned shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the relevant part of the development. The approved scheme shall be fully implemented before the first occupation of any of the applicable top floor dwellings in the building to which the scheme relates and shall be maintained at all times thereafter. Roof construction in respect of Phases 2B and 2C shall be in accordance with paragraph 4.8 of the submitted Phase 2 Acoustics report ref. 18410- R03-B. Reason: To prevent noise nuisance to future occupiers and in accordance with policies BP8 and BR13 of the Borough Wide Development Policies Development Plan Document.

24) Prior to occupation of each part of the development within a Phase or Sub-Phase consistent with Drawing No. BF0147-PITA-ZZ-00-MP-A-060380 P1 (or any subsequent update agreed) a communal television and satellite system shall be provided and be available to each occupier of that part, Phase or Sub-Phase of the development. No satellite dishes may be installed on the exterior of the buildings, with the exception of a roof mounted dish on a flat block (not visible from ground level) providing the communal system or a rear elevation of a single dwelling house. Reason: To safeguard the external appearance of the buildings in accordance with policy BP11 of the Borough Wide Development Policies Development Plan Document. 25) No Phase/Sub-Phase of the development (as shown on Drawing No. 9157050100- PP/01 (or any subsequent update agreed)) shall be occupied until bird nesting and bat roosting boxes (where feasible incorporated into the structure of the buildings or roof spaces in accordance with Biodiversity for Low and Zero Carbon Buildings: A Technical Guide for New Build (Publ. by RIBA, March 2010)) have been installed for that Phase/Sub-Phase in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority. Reason: To preserve and enhance the Borough's natural environment and to comply with policy CR2 of the Core Strategy and policy BR3 of the Borough Wide Development Policies Development Plan Document.

26) All buildings within the development shall, as a minimum, meet Part L 2010 of the Building Regulations through energy efficiency measures alone. Reason: To ensure that fabric energy efficiency is prioritised in the interest of minimising carbon emissions and in accordance with policy 5.2 of the London Plan.

27) A.The development shall be carried out in accordance with the site-wide energy strategy (Project Ref: 29311, Rev: 3.4), and in respect of Phases 2B and 2C in accordance with the submitted Energy Statement (11 Feb 2019), including the timing of heat network connections and the installation and connection of photovoltaic panels, and the entirety of the site shall achieve the stated 40 per cent CO2 reduction beyond Part L 2010 (as a minimum). The onsite energy infrastructure and the approved energy strategy shall thereafter be maintained. B.The development shall be carried out in accordance with Energy Assessment for Planning May 2020 prepared by Max Fordham in respect of Phase 3a. The onsite energy infrastructure and the approved energy strategy shall thereafter be maintained. Reason: To minimise carbon emissions and to ensure that the development provides renewable energy in accordance with policy BR2 of the Borough Wide Development Policies Development Plan Document and policy 5.2 of the London Plan.

28) Unless otherwise agreed in writing with the Local Planning Authority, no more than 60% of the total number of units that are to be connected to the District Heat Network, as highlighted in the PBA Energy Statement shall be occupied, until the Combined Heat & Power Plant has become fully operational. Reason: To ensure that the energy strategy is implemented and to minimise carbon emissions arising from the development and in accordance with policy BR2 of the Borough Wide Development Policies Development Plan Document.

29) None of the development within a Phase or Sub-Phase consistent with Drawing No. BF0147- PITA-ZZ-00-MP-A-060380 P1 (or any subsequent update agreed) of the development hereby approved shall be occupied unless and until the estate roads and associated drainage, footways, cycleways, street lighting, and strategic landscaping granted planning permission consistent with the approved Parameter Plans and accompanying Allies & Morrison Design Guidelines have been implemented for that Phase/Sub-Phase in full, or with respect to landscaping, such other timescales as may be agreed in writing with the Local Planning Authority. Reason: To ensure an acceptable standard of services and appearance for future occupiers of the development and in accordance with policy BP8 of the Borough Wide Development Policies Development Plan Document. 30) No development of any Phase/Sub-Phase as shown on Drawing No. 9157050100- PP/01 (or any subsequent update agreed) shall commence above ground level until a scheme showing the provisions to be made for access control, and any other measures to reduce the risk of crime for that Phase/Sub-Phase has been submitted to and approved in writing by the Local Planning Authority taking full account of the Access Statement prepared by Lord Consultants in support of the planning application ref. 14/00703/FUL. The relevant part of the development shall not be occupied until the approved scheme for that part of the development has been implemented. Thereafter the approved measures shall be permanently retained unless otherwise agreed in writing by the Local Planning Authority. A.The details submitted under condition 20/00423/CDN are considered sufficient in respect of Phase 2 Block C1 Reason: To provide a good standard of security to future occupants and visitors to the site and to reduce the risk of crime in accordance with policy BP11 of the Borough Wide Development Policies Development Plan Document.

31) With the exception of development within Phases 2B and 2C details of the vehicular and pedestrian accesses for any Phase or Sub-Phase consistent with Drawing No. BF0147-PITA- ZZ-00-MP-A-060380 P1 (or any subsequent update agreed) consistent with the siting, size, dimensions and other details shown on Drawing No. BF0147-PITA-ZZ-00-MP-A-060380 P1(or any subsequent update agreed) shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the relevant Phase/Sub-phase of the development. The development shall be carried out in accordance with the approved details. Reason: To ensure that the proposed development does not prejudice the free flow of traffic or conditions of general safety along the adjoining highway and in accordance with policy BR10 of the Borough Wide Development Policies Development Plan Document.

32) Prior to occupation of either School facility identified in Phases 2A and 3A on approved Drawing No. BF0147-PITA-ZZ-00-MP-A-060380 P1- or any subsequent amendment approved by the Local Planning Authority, a management plan must be submitted to and agreed with the Local Planning Authority and Transport for London in order to identify measures to spread arrival and departure times of pupils and staff in order to reduce overloading of buses and minimise on- street congestion. The development shall be carried out in accordance with the approved plan and thereafter maintained. Reason: To minimise traffic congestion and in accordance with policies BR9, BR10 and BR11 of the Borough Wide Development Policies Development Plan Document.

33) No above ground development in any Phase or Sub-Phase within Phases 2 - 4 (with the exception of Phases 2B and 2C) as shown on Drawing No. BF0147-PITA-ZZ-00-MP-A-060380 P1(or any subsequent update agreed) shall be commenced until details of refuse enclosures for the relevant Phase or Sub-Phase of the development showing the design, location and external appearance in respect of dwellings and the permitted A1, A2, A3, B1, and D1 uses have been submitted to and approved in writing by the Local Planning Authority. The approved enclosures shall be provided before the occupation of any part of the development that they are designed to serve and thereafter permanently retained. Reason: To provide satisfactory refuse storage provision in the interests of the appearance of the site and locality in accordance with policies BP8 and BP11 of the Borough Wide Development Policies Development Plan Document.

34) Prior to the commencement of any above ground development (excluding demolition) within a Phase or Sub-Phase within Phases 2 - 4 (with the exception of Phases 2B and 2C) as shown on Drawing No. BF0147-PITA-ZZ-00-MP-A-060380 P1(or any subsequent update agreed) details of the car parking spaces including the accessible parking bays for the relevant part of the development (within that Phase/Sub-Phase) shall be submitted to and approved in writing by the Local Planning Authority. The approved parking spaces shall be installed and the accessible parking bays shall be clearly marked with a British Standard disabled symbol prior to the occupation of the relevant part of the development and thereafter retained permanently for the accommodation of vehicles of occupiers and visitors to the premises and not used for any other purpose. Reason: To ensure and promote easier access for disabled persons to the development and to ensure that sufficient off-street parking areas are provided and not to prejudice the free flow of traffic or conditions of general safety along the adjoining highway in accordance with policies BC2 and BR9 of the Borough Wide Development Policies Development Plan Document.

35) No development within Phases 2 - 4 of any Phase/Sub-Phase (with the exception of Phases 2B and 2C) as shown on Drawing No. BF0147-PITA-ZZ-00-MP-A-060380 P1(or any subsequent update agreed) shall commence above ground level until details of the cycle parking facilities for that Phase/Sub-Phase have been submitted to and approved in writing by the Local Planning Authority. The submission should include details of the security, monitoring and access arrangements for the cycle parking facilities, and in the case of non-residential elements of the proposed development provide details of changing and shower facilities. The relevant part of the development shall not be occupied until the approved details for that part of the development have been implemented. Thereafter, the cycle parking facilities shall be permanently retained. Reason: In the interests of promoting cycling as a sustainable and non-polluting mode of transport and in accordance with policy BR11 of the Borough Wide Development Policies Development Plan Document. 36) No above ground development of the school buildings shall take place until a scheme of acoustic protection has been submitted to and approved in writing by the Local Planning Authority. The approved scheme for that relevant school shall be fully implemented prior to occupation and shall be maintained at all times thereafter. Reason: To secure a suitable learning environment and in accordance with policy BR13 of the Borough Wide Development Policies Development Plan Document. 37) The sports facilities hereby permitted shall not be illuminated or open to the public outside the hours of 07.00 and 22.00 Mondays to Sundays. No variation to the above hours shall be permitted without the prior written approval of the Local Planning Authority. Reason: To prevent the use causing undue disturbance to the occupants of adjoining properties at unreasonable hours and in accordance with policy BP8 of the Borough Wide Development Policies Development Plan Document. 38) The permitted B1 uses shall be used for B1(b) or B1(c) purposes and for no other purpose (including any other purpose in Class B1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order). Reason: To ensure that the permitted B1 use is utilised for research or light industrial purposes and not as an 'out of centre' office that would be contrary to policy CE2 of the Core Strategy. 39) In respect of Phases 2 - 4 details of the proposed living roofs for that phase or subphase as shown on Drawing No. BF0147-PITA-ZZ-00-MP-A-060380 P1(or any subsequent update agreed) including their type, location and specific purpose together with a maintenance schedule shall be submitted to and approved in writing by the Local Planning Authority (in consultation with London City Airport) prior to the construction of the parts of the building containing a living roof. The details shall include design measures to detract birds that could adversely affect the safety of operations at London City Airport, and shall include a bird management strategy in relation to ongoing maintenance of the roofs. The living roofs shall be constructed in accordance with the approved details and thereafter maintained in accordance with the approved maintenance schedule and bird management strategy. A. The details submitted under condition 20/00423/CDN are considered sufficient in respect of Phase 2 Block C1 Reason: In the interests of reducing the impact of the development on the mains drainage system, enhancing the insulation of the building, contributing to biodiversity, and to avoid harm to aircraft safety and in accordance with policy CR1 of the Core Strategy and policies BR3, BR4 and BP11 of the Borough Wide Development Policies Development Plan Document. 40) Prior to the commencement of the development of any part of either Phase 2B or 2C as shown on Drawing No. BF0147-PITA-ZZ-00-MP-A-060380 P1(or any subsequent update agreed) a bat emergence survey of the existing buildings to be demolished shall be carried out between May and August by a qualified ecologist and the results shall be submitted to the Local Planning Authority. If there is evidence of bat roost(s) on the site no development, of the relevant part of the site, shall commence until the submission to and approval by the Local Planning Authority of a bat habitat mitigation strategy. The development shall then be carried out in accordance with the approved strategy. Reason: To prevent harm to wildlife habitats and in accordance with Policy BR3 of the Borough Wide Development Policies Development Plan Document. 41) There shall be no vegetation clearance or tree works during the bird breeding season (February to September). If this is not possible, a nesting bird survey should be carried out by a qualified ecologist no more than 2 days prior to the works. If nesting birds are found: i. works to that part of the site shall be delayed until the nesting season is over and the fledglings have left the area and a qualified ecologist's report has been submitted to the Local Planning Authority to confirm this; ii. a strategy shall be submitted to and approved in writing by the Local Planning Authority to ensure the nesting birds are not disturbed by any other works taking place on the site. Reason: To prevent harm to wildlife habitats and in accordance with policy BR3 of the Borough Wide Development Policies Development Plan Document. 42) No part of the approved development shall be constructed above ground level until a Fire Statement for that part, has been submitted to and approved in writing by the Local Planning Authority. The Fire Statement shall be produced by an independent third party suitably qualified assessor which shall detail the building's construction, methods, products and materials used; the means of escape for all building users including those who are disabled or require level access together with the associated management plan; access for fire service personnel and equipment; ongoing maintenance and monitoring and how provision will be made within the site to enable fire appliances to gain access to the building. The development shall be carried out in accordance with the approved details. A.The details submitted under condition 20/00423/CDN are considered sufficient in respect of Phase 2 Block C1 Reason: To provide a safe and secure development in accordance with policy CP3 of the Core Strategy and policy D11 of the Draft London Plan.

43) The proposed street located within Phase 4 of the development between parcels K & L and O & N should have a minimum width of 16m. Reason: To ensure the free flow of traffic or conditions of general safety along the adjoining highway in accordance with policies BC2 and BR9 of the Borough Wide Development Policies Development Plan Document. Appendix 7 Heads of Terms:

The Section 106 Heads of Terms are already secured within the original planning permission under 4 separate s106 agreements (one for each phase). These are to be secured through a Deed of Variation in order to ensure they are applicable to this variation application. The already secured s106 heads of terms are set out below:

 Affordable Housing – to be secured at 32.8% Market; 33.7% Shared Ownership; and 33.5% Affordable Rent on a phased approach with a review phase by phase on affordable housing levels depending on market values and viability of the development.  Land to be safeguarded within land parcel G for a secondary school.  Land to be safeguarded within land parcel K for a primary school.  The provision of a combined heat and power plant within Phase 1A.  One-year free membership to Zipcar for residents – setting aside two spaces for the car club;  Future monitoring of queuing/highway capacity of King Edwards Road and any subsequent highways improvement works as necessary.  Cost of relocation and re-provision of bus stops and waiting facilities to enable the re-routing of the 62 London bus route and to allow a new junction to be formed with Ripple Road.  Cost of traffic management orders.  A local labour and suppliers agreement.  Funding towards the provision of a new community facility.  The re-provision of CCTV cameras and provision of appropriate infrastructure to allow installation of cameras if required.

In addition to this, a further s106 obligation has been secured for Phase 3 (this phase)

 The development shall achieve a 100% reduction in carbon dioxide emissions over Part L of the Building Regulations 2013 (when applying updated SAP 10 emission factors) through on-site provision, and a monetary contribution shall be made to the Local Authority’s carbon offset fund to offset the remaining carbon emissions to net zero-carbon.

 Restriction on permits to park within existing and proposed Controlled Parking Zones with the exception of the allocated spaces set out in a Car Park Management Plan.