AGENDA ITEM

7 COMMITTEE: DEVELOPMENT CONTROL

DATE: 11TH JANUARY 2017

SUBJECT: FORMER VAUXHALL MOTORS SITE, KIMPTON ROAD – ERECTION OF 685 FLATS COMPRISED OF 424 ONE-BEDROOM AND 261 TWO-BEDROOM UNITS, RETAIL AND LEISURE (CLASS A1-A5/D2), HOTEL COMPRISING 209 BEDROOMS, CONFERENCING AND BANQUETING FACILITIES (CLASS C1), MEDICAL WELLBEING CENTRE (CLASS D1) TOGETHER WITH LANDSCAPING, CAR PARKING, NEW ACCESS AND ASSOCIATED WORKS. (APPLICANT: J2 GLOBAL CORPORATION LIMITED) (APPLICATION NO: 16/00900/FULEIA)

REPORT BY: DEVELOPMENT CONTROL MANAGER

CONTACT OFFICER: DAVID GAUNTLETT 546317

IMPLICATIONS:

LEGAL COMMUNITY SAFETY

EQUALITIES ENVIRONMENT

FINANCIAL CONSULTATIONS

STAFFING OTHER

WARDS AFFECTED: CRAWLEY

PURPOSE

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

RECOMMENDATION(S)

2. Development Control Committee is recommended to:-

(a) Resolve that:-

(01) The requirements of Part II of Schedule 4 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2015 (as amended) are satisfied by reason of the Environmental Statement including at least the following information:

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

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

(03) That it be recorded that, in making the decision on the application, the Committee has taken into account the environmental information comprising the Environmental Statement and that this information meets the minimum requirements of Part II of Schedule 4 to the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2011 (as amended).

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

(b) Grant planning permission subject to:-

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

• The appropriate provision of 10% shared ownership affordable housing onsite • A financial contribution to facilitate improvements to education facilities made necessary by the development • A financial contribution to facilitate waste management improvements made necessary by the development • A scheme for providing an on-site car club within the development that is exclusive to future residential occupiers

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

(c) Grant planning permission subject to the imposition of the following conditions:-

(01) The development hereby permitted shall be begun not later than the expiration of three years beginning with the date of this permission.

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

(02) The development hereby permitted shall not be carried out other than in complete accordance with the approved plans and specifications as set out on Luton Borough Council plan numbers 01, 02, 03, 04, 05, 06, 07,08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 85.1, 85.2, 85.3, 85.4, 85.5, 85.6, 85.7, 85.8, 85.9, 85.10, 85.11, 85.12, 85.13, 85.14, 85.15, 85.16, 85.17 86, 86.1, 86.2, 86.3, 86.4, 86.5, 86.6, 86.7, 86.8, 86.9, 86.10, 86.11, 86.12, 86.13, 86.14, 86.15, 86.16, 86.17, 86.18, 86.19, 86.20, 86.21, 86.22, 86.23, 86.24, 86.25, 86.26, 86.27, 86.28, 86.29, 86.30, 86.31, 86.32, 87, 87.1, 87.2, 87.3, 87.4, 87.5, 87.6, 87.7, 87.8, 87.9, 87.10, 87.11, 87.12, 87.13, 87.14, 87.15, 87.16, 87.17, 87.18, 87.19, 87.20 and 88.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, ENV7, ENV9, ENV10, ENV14, H2, H5, LC2, LC4, S1, T2, T3, T8, U3 and IMP1 of the Luton Local Plan.

(03) The premises within the retail and commercial sectors identified on GA Studio plan numbers P_L(-) 100 rev 00; P_L(-)201 rev 00; P_L(-)202 rev 00 P_L(-)300 rev 00; FL(-)400 rev 00; P_L(-)401 rev 00; P_L(-)402 rev 00; FL(-)406 rev 00; FL(-)401 rev 00; FL(-)402 rev 00; FL(-)403 rev 00; FL(-)404 rev 00; FL(-)405 rev 00; P_L(-)500 rev 00; P_L(-)501 rev 00; P_L(- )502 rev 00; P_L(-)503 rev 00; P_L(-)504 rev 00; P_L(-)505 rev 00; P_L(-)506 rev 00; P_L(-)507 rev 00; P_L(-)508 rev 00; P_L(-)509 rev 00; P_L(-)510 rev 00; P_L(-)511 rev 00; P_L(- )512 rev 00 and DP9 Napier Gateway Planning Statement (May 2016) shall only be used for A1 (Retail Units 1, 5, 6, 11 and 12); A3 (Retail Units 2, 3, 7, 10 and 13); A4 (Retail Units 4 and 8); A5 (Retail Unit 9); C1 (Hotel); D1 (Medical Wellbeing Centre); and D2 (Gym) purposes (the purposes hereby permitted) and for no other purposes including any other purpose pursuant to the relevant Classes to the Schedules to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that order with or without modification.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, ENV9, H2, LC4 and S1 of the Luton Local Plan.

(04) The gym and the retail units hereby permitted shall not be occupied until full details of the hours of operation of each unit has been submitted to and approved in writing by the Local Planning Authority. The hours of operation thereby agreed shall be implemented and maintained in perpetuity unless otherwise agreed in writing.

Reason: To protect the amenities of neighbouring properties. To accord with the objectives of Policy(ies) LP1 and ENV9 of the Luton Local Plan.

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

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

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

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

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

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

(08) A scheme of structural planting and landscaping for the application site, to include areas of public and amenity open space and proposed planting identified in the Napier Gateway, Luton Landscape Proposals - Planning document dated May 2016 by Carolyn Willitts Studio, shall be submitted to and approved by the Local Planning Authority before the development is commenced. The submitted details shall include: a) new planting, giving location, planting size, number and density, height and eventual spread and the location of grass turfing and seeding; b) depth of top soil to be provided, where necessary, and the measures to be taken to maintain the new planting; c) the timing and implementation of all proposed planting and associated works; d) surface treatment of all hard landscaped areas; and e) a landscape management plan following implementation of the scheme, to include ongoing management responsibilities and maintenance schedules. The landscape management shall thereafter only proceed in accordance with the approved details.

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

(09) Full details of the play spaces and the climbing wall identified in the Napier Gateway, Luton Landscape Proposals - Planning document dated May 2016 by Carolyn Willitts Studio shall be submitted to and approved by the Local Planning Authority before the development is commenced. The details shall include the surfacing treatments, the siting and type of any play equipment, future management proposals and a timetable of works. The scheme shall thereby only be implemented in accordance with the approved details and timetable of works and retained on site in perpetuity unless otherwise agreed in writing.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1 and ENV10 of the Luton Local Plan.

(10) A site wide management plan, including management responsibilities and maintenance schedules for all shared/common areas of public realm within the development shall be submitted to and approved by the Local Planning Authority prior to the occupation of any building within the development. The Management Plan shall be implemented and maintained in full in perpetuity unless otherwise agreed in writing.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, ENV9 and ENV10 of the Luton Local Plan.

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

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

(12) No development shall take place until a long term monitoring and maintenance plan in respect of contamination on the site (including a timetable for monitoring/maintenance and submission of future reports to the Local Planning Authority), has been submitted to and approved in writing by the Local Planning Authority. The monitoring and maintenance plan shall be carried out as approved. Monitoring/maintenance reports as required and specified in the approved details, including contingency measures, shall be submitted to and approved in writing by the Local Planning Authority and any contingency measures approved shall be carried out as approved. On completion of all the approved details a final report demonstrating compliance with all remediation works and targets shall be submitted to and approved by the Local Planning Authority.

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

(13) No impact piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the local planning authority in consultation with Thames Water. Any piling must be undertaken in accordance with the terms of the approved piling method statement .

Reason: To prevent pollution of groundwater and to safeguard the local underground sewerage utility infrastructure. To comply with policies LP1 and ENV14 of the Luton Local Plan.

(14) Development shall not begin until a surface water drainage scheme for the site, based on sustainable drainage principles and assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning authority. The scheme shall subsequently be implemented in accordance with the approved details.

Reason: To safeguard drainage interests. To accord with the objectives of Policy(ies) LP1 and ENV14 of the Luton Local Plan.

(15) No external lighting shall be installed on the site, other than in accordance with a scheme to be submitted to and approved by the Local Planning Authority beforehand. The scheme, lighting equipment and levels of illumination shall comply with guidance issued by the Institution of Lighting Engineers in their publication "The ILE Outdoor Lighting Guide" and shall be accompanied by a statement from the developer confirming that compliance. The scheme shall thereafter be retained and maintained for so long as the development remains in existence and shall not be varied without the prior written permission of the Local Planning Authority.

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

(16) Prior to the occupation of any part of the development a scheme to provide a CCTV system shall be installed in accordance with details to be submitted to and approved by the Local Planning Authority beforehand. The scheme thereby approved shall be retained and maintained thereafter for so long as the development remains in existence.

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

(17) Before the development hereby permitted is commenced a Security Strategy setting out how the development will incorporate 'Secured by Design' standards in all buildings and British Parking Association 'Park Mark' standards in all parking areas across the site shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in advance of the occupation of any building within the development and shall be retained in perpetuity.

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

(18) Prior to the commencement of development, details of a scheme for renewable energy production equipment to provide at least 10% of the predicted energy requirements of the development shall be submitted to and approved by the Local Planning Authority, unless it can be demonstrated that there are overwhelming practical reasons why this is not appropriate. The scheme thereby approved shall be installed before occupation and shall be used, retained and maintained thereafter for so long as the development remains in existence.

Reason: In the interests of sustainability. To accord with the objectives of Policy(ies) LP1 and U3 of the Luton Local Plan.

(19) Prior to the commencement of the development a management scheme for the car parking areas of the development shall be submitted to and approved by the Local Planning Authority and the scheme thereby approved shall be installed prior to the occupation of any part of the development and maintained for so long as the development remains in existence.

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

(20) Prior to the occupation of the development hereby permitted the Framework Travel Plan(s) for the Residential and Non- Residential elements of the proposed development shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highways Authority and Highways England. The submitted Framework Travel Plan(s) for approval shall include the following: i). The identification of targets for trip reduction and modal shift; ii). The methods to be employed to meet these targets; iii). The mechanisms for monitoring and review; iv). The mechanisms for reporting; v). The penalties to be applied in the event that targets are not met; vi). The mechanisms for mitigation; vii). Implementation of the Travel Plan to an agreed timescale and its operation thereafter; viii). Mechanisms to secure variations to the Travel Plan following monitoring and reviews. The approved Travel Plans shall be retained thereafter.

Reason: In the interests of promoting sustainable travel and to ensure the M1 continues to serve its purpose as part of a national system of routes for through traffic, to satisfy the reasonable requirements of road safety on the A5 Trunk Road and connecting roads in accordance with Section 10 of the Highways Act 1980. To accord with the objectives of Policies LP1, T3 and T8 of the Luton Local Plan and the guidance of National Planning Policy Framework.

(21) Prior to the commencement of development a Waste Strategy outlining how refuse from the residential and commercial elements of the development shall be submitted to and approved by the Local Planning Authority in liaison with the Council's Waste Management Service. The Waste strategy thereby approved shall be implemented in full and maintained in perpetuity unless otherwise agreed in writing.

Reason: In the interests of sustainability. To accord with the objectives of Policy(ies) LP1 and T3 of the Luton Local Plan.

(22) No goods, waste or other materials shall be stored outside the building(s) in the open except in such locations and containers (including skips) as may be approved beforehand by the Local Planning Authority.

Reason: To enable the Local Planning Authority to exercise proper control over the development proposed, in the interests of securing a satisfactory standard of work and of safeguarding the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1 and ENV9 of the Luton Local Plan and National Planning Policy Framework.

(23) Full details of the materials to be used in the construction of the elevations, roofs, balconies and balustrades of the buildings shall be submitted to and approved by the Local Planning Authority before the development is commenced. The development shall be carried out using the approved materials unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, ENV7, ENV8 and ENV9 of the Luton Local Plan.

(24) Notwithstanding the submitted information, full details of the substation will be submitted to and approved by the Local Planning Authority prior to the commencement of the development. The details thereby approved shall be implemented in full and retained and maintained for as long as the development remains in existence.

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

(25) The internal design and building specifications of the proposed development shall be such that the daytime noise level within any residential unit with windows closed shall not exceed 40dBLAeq (0700-2300) and the night time noise level within any residential unit with windows closed shall not exceed 30dBLAeq (2300-0700). The night time LAmax shall not exceed 45db. Full details of noise insulation measures, including provision for powered acoustically attenuated ventilation, shall be submitted to and approved by the Local Planning Authority before any work is commenced. The approved insulation scheme shall be completed prior to the occupation of the development. If compliance requires windows to be closed, the applicant will need to install mechanical ventilation having regard to the self-noise of any proposed system. (Please note: trickle vents with air extracted from bathrooms and kitchens is not sufficient for the thermal comfort of occupants in warm weather and will not be accepted).

Reason: To protect the amenities of the future occupiers of the residential accommodation hereby approved. To accord with the objectives of Policies LP1, H2 and ENV9 of the Luton Local Plan and the guidance of the NPPF.

(26) The internal design and building specifications of the proposed development shall be such that the daytime noise level within any hotel room shall not exceed 40dBLAeq (0700-2300) and the night time noise level within any hotel room shall not exceed 30dBLAeq (2300-0700). The night time LAmax shall not exceed 45dB in any hotel room. Full details of any required noise insulation measures shall be submitted to and approved by the Local Planning Authority before any work is commenced. The approved insulation scheme shall be completed prior to the occupation of the development.

Reason: To ensure a satisfactory internal environment is achieved. To accord with Policies LP1 of the Luton Local Plan and the objectives of the NPPF.

(27) All plant and equipment to be installed within the development must be designed to achieve -10dBA below background measured 1m from the facade of existing nearby noise sensitive premises.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, ENV9 and H2 of the Luton Local Plan.

(28) Full details of any required fume extraction and ventilation system to include; a description of the siting and appearance of odour extraction equipment; sound pressure levels from the extraction equipment; details of canopy design and face velocity; extract rate calculations; make-up air calculations; filter types with supplier's specifications; filter change frequency; servicing frequency; cleaning frequency; and noise and vibration control measures; shall be submitted to and approved by the Local Planning Authority and the system shall be installed according to the approved details prior to the commencement of the use hereby permitted.

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

(29) The provision of amplifier, relay, loudspeaker or other external audio equipment shall not be installed on any part of the exterior of the buildings or within the public areas unless it is in accordance with details which have previously been submitted to and approved in writing by the Local Planning Authority. Any equipment so installed shall not thereafter be altered without the prior consent in writing of the Local Planning Authority other than for routine maintenance which does not change its details.

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

(30) No development shall take place until details of the proposed slab levels of the building(s) in relation to the existing and proposed levels of the site and the surrounding land have been submitted to and approved in writing by the Local Planning Authority, with reference to fixed datum point. The building(s) shall be constructed in full accordance with the approved slab levels

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

REPORT

Introduction

3. Members will recall that this application came before them for determination at the Meeting of Development Control Committee on the 09th November 2016, where a full presentation of the proposals was provided by Development Control Officers. Members also had the benefit of hearing from the Applicant’s representative, from adjoining occupiers of the site and from Ward Councillors; Cllr (James) Taylor and Cllr Keens, and also had the benefit of asking questions about the application proposals from all of the above. Subsequent to this, Members took the decision to defer the application to allow for a site visit to take place, in order that the application site can be viewed from neighbouring residential properties, prior to any decision being made.

4. During the presentation at the November Committee Members were informed that further publication of the application was required due to it being a departure from the Local Plan and due to it being accompanied by an Environmental Statement. By way of an update that consultation period has now passed and no further representations have been made to the proposed development.

5. Members will also recall that at the time of writing the original report, Highways England continued to have concerns about the impact of the development on the slip road of Junction 10 of the M1. Following continued dialogue between the applicant’s highways consultant and Highways England, this matter has now been resolved and Highways England has no further concerns with the development, but has advised that any approval of the application should be the subject of a condition, requiring a Travel Plan for both the residential and non-residential elements of the development. Travel Plans were included on the original resolution to Members (Conditions 20 and 21) and the wording of the conditions has been amended to suit the requirements contained in Highways England’s response.

6. Reference is made at various points within the Case Officer report to an application by Redrow Homes (ref: 16/01340/REM) (the ‘Redrow Scheme’), which, at the time of writing the original report to Members, was still pending consideration. However, Members will recall that they resolved to grant planning permission for that application at their Meeting of the 07th December 2016. It is therefore a material consideration in the determination of this current proposal.

7. It is evident from the approved layout of the Redrow Scheme that a group of new houses will occupy land in close proximity to the adjoining boundary with properties in Ketton Close. As a consequence, these new houses will have a big influence on what the existing houses would be able to see of the proposed development. Further work has been undertaken by the applicant since the November Meeting to set out the proposed situation, including the Redrow scheme in the plans and sections.

8. As set out in the main assessment of the report, the proposed RT1 building (16 storeys) would sit some 268 metres away from existing properties in Ketton Close in the closest arrangement and the proposed RT3 building (21 storeys) would be some 348 metres away. The work carried out identifies that the proposed development would not be visible above the ridgeline of the proposed houses on the Redrow scheme when viewed from the either ground floor living rooms or first floor bedrooms of Nos. 37, 45 and 47 Ketton Close. These properties would therefore be unaffected by the development with regards to visual intrusion, overlooking or loss of privacy. With regards to the impact on Nos. 39, 41 and 43 Ketton Close, the work identifies that the upper 3 floors of the RT3 building would be visible from ground floor living rooms and the upper 4 floors of the RT1 building and the upper 4 floors of the RT3 building would be visible from first floor bedrooms of these properties. By virtue of the new housing in the Redrow scheme, and existing boundary treatments and planting along the adjoining boundary between the residential properties in Ketton Close and the Redrow site, overlooking from the proposed residential towers into the gardens of these neighbouring properties would not be to a degree that would be unacceptable, nor affect the quality of life of the existing residents.

9. The distances in between the proposed development and the existing residential areas of St Annes Hill and the existing land gradients alone suggest that the impact caused by the development on the living environment of the adjoining occupiers would not be so great as to warrant a refusal of the application. However this impact would then be diluted further by the presence of the new housing to be developed by Redrow Homes, which would introduce additional physical structures in the land in between the two areas. The view remains as set out in the report, that the impact on the adjoining occupiers would be acceptable.

The Site and Surroundings

10. The application site covers an area of 2.76 hectares and forms part of the former Vauxhall Motors car plant (an area of land that is now commonly referred to as ‘Napier Park’). The overall Napier Park site measures approximately 22.5 hectares and has been cleared of all physical structures with the exception of a large single warehouse (‘X Block’) at the northern end of the site. There are steep level changes across the site as well as a number of plateau areas, divided by steep escarpments at gradients of up to 1:2 falling to the southeast and southwest.

11. Outline planning permission was granted on the overall site in 2015 (which also included a smaller parcel of land on the southern side of Kimpton Road commonly referred to as ‘Stirling Place’) for a mixed use redevelopment that would comprise retail, office and commercial floor space together with residential and hotel use and a casino. The development also included the creation of public realm and landscaping.

12. The current application site is located in the south-eastern corner of the wider site, and will have a direct frontage on to Kimpton Road, away to its southern extents. The land has been cleared in preparation for redevelopment and is raised from the level of Kimpton Road by approximately 1.5 to 2.5 metres at its frontage point. Features of note surrounding the application site include the existing War Memorial abutting its southern boundary and the two-storey office block on the opposite side of Kimpton Road away to the southeast.

Relevant Planning History

13. Prior to 2005 the planning history of the Napier Park site related almost exclusively to the previous manufacturing operations associated with the former Vauxhall plant, which ceased in March 2002. An outline application was received in 2005 for the complete redevelopment of the site comprising a mix of uses (application ref: 05/01095/OUT). Planning permission was granted on 19th October 2006 following the completion of a S106 Agreement.

14. Much of the site clearance had occurred prior to that permission being granted. However in the wake of the economic recession, the financial climate rendered the approved development of the site unviable and no further works progressed. With the failure to complete all reserved matters by October 2012 and the failure to commence development, this planning permission expired.

15. More recently (and as referred to at para. 4) planning permission was granted in 2015 for a mixed-use development on the Napier Park site, which also included the site at Stirling Place (application ref: 13/00280/OUT). Whilst in outline form only (with all detailed matters reserved for future approval), the quantum of development approved under that permission was as follows:

• Up to 625 residential units; • A 4,645 sq. metre Foodstore (sales area of 2,555sq. metres (27,500sq.ft); • Up to 4,080 sq. metres of other A1-A5 retail floor space (43,900sq.ft); • Up to 30,150 sq. metres of B1 office floor space (324,532sq.ft); • Up to 16,500 sq. metres of B2 industrial and B8 storage and distribution floor space (177,605sq.ft); • Up to 15,200 sq. metres of Hotel floor space providing up to 250 rooms (163,611sq.ft); • Up to 2,500 sq. metres of Casino floor space (26,910sq.ft); • Up to 2,089 parking spaces

16. Within the realms of that outline permission the site has been divided into separate parcels of land (identified as Plots 1 to 10). Plots 1 and 2 form the Stirling Place element of development and would include retail, employment, hotel and casino uses. Plots 3, 4 and 5 are located in the southeast corner of the site and include retail and hotel uses, including the approved Foodstore. Plots 6 and 7 are located on the eastern and northern extents of the site and are allocated for employment uses (a mix of B1, B2 and B8). Plots 8, 9 and 10 occupy the western extents of the site and are allocated for residential purposes.

17. Relevant to the outline permission is application ref: 16/01340/REM, which is an application for approval of reserved matters details in connection with the residential element of the development (Plots 8, 9 and 10). The application seeks approval for 520 new homes and is currently pending consideration.

The Proposal

18. The current application site area effectively covers Plots 3, 4 and 5 identified in the extant outline permission. However the application seeks permission for a mix and quantum of development that is different to that, which benefits from permission. This has necessitated the submission of an independent application for full planning permission, which includes the following elements:

• 685 Residential Flats (424 x one-bed and 261 x two-bed units) • 13 Retail Units providing a mix of A1 to A5 uses (GIA 4,607sq.m (49,590sq.ft)) • A Gym (GIA 1,018sq.m (10,958sq.ft)) • A Medical Wellbeing Centre (GIA 4,613sq.m (49,654sq.ft)) • A Hotel of 209 bedrooms (GIA 9,282sq.m (99,911sq.ft)) • A Banqueting and Conference facility (GIA 2,501sq.m (26,918sq.ft)) • Associated parking and public realm improvements

19. Information contained within the application submission suggests that the development has the potential to generate approximately 170 full-time equivalent jobs at a local level during the construction phase and approximately 350 full-time equivalent jobs on completion of the development.

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

21. The development proposes a series of linked buildings, which would range in height from 3 storeys (+9.9 metres) up to 22 storeys (+65.3 metres) above the level of the piazza to be created. The buildings are explained further as follows:

Residential Building A (RBA)

22. The RBA residential building is to be located to the designated front of the site in its western corner, addressing Kimpton Road and is the only building within the development that is not physically linked to the rest of the development. The building would be set approximately 2.5 to 3 metres above the level of Kimpton Road highway and recessed between 10 and 19 metres from the back edge of the footpath. The south elevation addressing Kimpton Road would have a consistent base over two levels before being broken up into five separate vertical elements across its upper floors. The upper floors would see two flanking elements created and a central element, the elevations of which would be flush with the elevation of the lower base. These three elements would be stepped in height from 9 storeys (+27.6 metres) on its eastern side to 10 storeys (+30.55 metres) at the central element and then up to 11 storeys (+33.55 metres) on its western side. Either side of the central block will be a recessed element, which steps back down to an 8 storey height (+24.65 metres). The building would have an overall depth of 47 metres, which would be carried through in full over the two-storey base-layer and by the three predominant elevational elements at upper level previously described. The two lower recessed elements in between would only have a depth of 20 metres, which would result in open platforms on its northern side which are to be utilised to provide landscaped decks to serve the residential accommodation.

23. Overall the building would comprise the following:

• Car parking over 3 floors providing a total of 81 spaces; • 5 retail units at ground floor: o A1 convenience unit o A3 Café o A4 Bar o A5 Takeaway o A1/A3 Hybrid unit (potential juice/milkshake/smoothie bar) • A Gym at first floor • 300 residential units: o 180 one-bedroom units o 120 two-bedroom units

Residential Towers 1 to 3 (RT1, RT2 and RT3)

24. The building comprising the Residential Towers is to be located to the north of RBA, separated by a public piazza at a distance of approx. 21 metres. The south elevation of the building would address the main public thoroughfare proposed and would be a consistent mass over its first three levels before the three individual towers emerge. Including the three lower levels RT1 and RT2 would provide 16 storeys (+48.25 metres) of accommodation, with a smaller additional structure at roof level to provide appropriate plant and RT3 would provide 21 storeys (+63.00 metres) of accommodation, with a smaller additional structure at roof level to provide appropriate plant. RT1 and RT2 would be 18 metres in width and 40.9 metres in depth, whilst RT3 would be 18 metres in width and 34.5 metres in depth. RT1 would be located to the west side of this block, with RT2 located centrally and RT3 to the east. There would be a separation distance of 18.6 metres between each of the towers, and the open roof space in between would be utilised as rooftop amenity decks for future residents.

25. Overall the building would comprise the following uses:

• Car parking over 2 floors providing a total of 140 spaces • 5 retail units at ground floor o A1 convenience unit o A3 Coffee Shop o A3 Restaurant o A3/A4 Hybrid Bar/Restaurant o A1/A3 Sandwich Bar/Café • 118 residential units in RT1 o 66 one-bedroom units o 44 two-bedroom units o 8 two-bedroom penthouse units • 117 residential units in RT2 o 66 one-bedroom units o 43 two-bedroom units o 8 two-bedroom penthouse units • 150 residential units in RT3 o 113 one-bedroom units o 31 two-bedroom units o 6 two-bedroom penthouse units

Medical Wellbeing Centre

26. The Medical Wellbeing Centre building is to be located to the east of RT3 at a separation distance of approx. 18.5 metres and would face out over the public piazza and the public square. The single mass of the lower three floors of the residential towers building is to continue through into this building to ensure consistency throughout the scheme. The main bulk of the building would project above the 3 storey base layer, at an overall scale of 10 storeys (+33.30 metres). The upper floor of the building would be recessed back from the predominant footprint of the building. Overall the building would be largely square in appearance, but would include a recessed step on the eastern side of its south elevation. The rooftop element of this recess would provide an external balcony area adjoining an ancillary dining room serving the Centre. The overall width of the building would be 15.1 metres with a depth of 16.5 metres.

27. The building would be used to provide cosmetic procedures to both in and out-patients, and a series of offices, consulting rooms, wards, surgeries and theatres would be provided over 7 floors of accommodation provided within the overall building. In total the building would comprise the following uses:

• Car parking over 4 floors providing a total of 128 spaces • 1 retail unit at ground floor o A1 Pharmacy • Medical Wellbeing Centre with associated offices, services and facilities

Hotel/Conference and Banqueting

28. Adjoining the eastern elevation of the Medical Wellbeing Centre would be a 6 storey (+18.75 metres) structure of part of the proposed Hotel building. The first three floors would see a continuation of the single mass that links through from the towers building whilst the additional three floors would change in materiality, providing a largely glazed frontage overlooking all areas of the public realm. This 6 storey structure would have an overall width of 21.8 metres and a depth of 37 metres and would run from northwest to southeast on the very eastern side of the site. This six storey structure would comprise some commercial uses at ground floor, and the hotels banqueting and conference space on its upper levels. Adjoining the southern side of the 6 storey structure the Hotel building will see a drastic change in its height, increasing to 15 storeys (+45.30 metres) of accommodation plus some additional rooftop structures being incorporated to screen associated plant (+51.2 meters). This element of the Hotel would be 32 metres in width and 15 metres in depth. The southern elevation of the building would see it drop down in height to 9 storeys (+30.55 metres) and return along Kimpton Road with an overall width of 40.4 metres.

29. As well as providing the requisite hotel bedrooms and ancillary banqueting and conference space, the Hotel would provide additional amenities in the form of a restaurant with external terrace, a small resident’s fitness suite and associated office and administration areas. More specifically the overall building would comprise the following uses:

• Car parking over 4 floors providing a total of 102 spaces • 2 retail units at ground floor o A1 Hairdresser o A3 Coffee Shop • Hotel with 209 rooms • Ancillary conferencing and banqueting • Ancillary restaurant space

Planning Policy

National Planning Policy Framework

30. The National Planning Policy Framework (NPPF) was published in March 2012. It sets out to rationalise national policy guidance and how the government’s planning policies are expected to be applied. The core principle of the Framework is a “presumption in favour of sustainable development”. However, this does not change the status of the development plan as the starting point for decision making. Planning law requires that applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The Framework is a material consideration in planning decisions and is referred to appropriately in the report.

31. At paragraphs 186 and 187 of the Framework, it advises that Local Planning Authorities should approach decision taking in a positive way to foster the delivery of sustainable development and they should look for solutions rather than problems and decision-takers at every level should seek to approve applications for sustainable development where possible. In this regard extensive pre-application discussions took place prior to the submission of the application and a series of meetings have taken place throughout the application process. Where further information necessary to support the application has been requested, the applicants have issued this information in a timely manner. In this instance a positive approach to the application has taken place between all parties.

National Planning Practice Guidance

32. This guidance was published in March 2014 in support of the NPPF policy issues. Luton Local Plan 2001-2011

33. The site is identified as being within the Kimpton Road Action Area on the Proposals Map of the Luton Local Plan and Policy KR1 applies.

34. Policy KR1 supports a comprehensive mixed-use redevelopment of the site and splits the site up into 5 sections (identified and referred to as Areas 1 to 5), all of which have been identified for specific uses. Area 3 is relevant to the development and the policy permits a redevelopment of the area for uses including B1 and B2 uses, a hotel and a car showroom. The proposals would not accord with the objectives of this policy, and this is addressed in the main body of the assessment of the proposals.

35. Other policies of relevance to the proposals are policies LP1, ENV7, ENV9, ENV10, ENV14, H2, H5, LC2, LC4, S1, T2, T3, T8, U3 and IMP1.

36. Policy LP1 sets out a sustainable development strategy.

37. Policy ENV7 relates to development that would affect the setting of a Listed Building advises that permission should not be granted for development that would adversely affect any such setting.

38. Policy ENV9, amongst other things, expects proposals to respect the character, appearance, existing landforms, natural features, scale, proportions and materials within the area.

39. Policy ENV10 considers landscaping proposals for all new developments.

40. Policy ENV14 supports development that would not result in increased flood risk and incorporates appropriate conservation measures.

41. Policy H2 supports residential development on sites not allocated for housing provided that, amongst other things, it is previously developed land, would not lead to the loss of uses for which there is a recognised local need, that there would be no unacceptable effect on the environment and there is good access to local transport.

42. Policy H5 seeks a percentage of the proposed new units in all developments of 15 dwelling units or more for affordable housing, subject to the circumstances of the site and any special development costs.

43. Policy LC2 advises that development may require the provision of appropriate green space to serve the anticipated needs generated by developments.

44. Policy LC4 Is concerned with new and existing leisure facilities within the borough and advises that such uses will be supported provided that there is a demonstrable need and that it is well related to the area it serves, it would not adversely affect the vitality and viability of a shopping area and that there would be no unacceptable effect on surrounding residential and other uses.

45. Policy S1 sets out the hierarchy for proposals that involve new retail floor space within the borough.

46. Policy T2 relates to the location of new development and developments with potential to have significant transport implications will not be permitted unless the site is adequately served by public transport.

47. Policy T3 is concerned with the traffic implications of development. Permission will only be granted if the proposal would not exacerbate road congestion; cause safety problems; or be likely to cause demonstrable harm to the quality of the environment.

48. Policy T8 seeks to promote walking and cycling within new developments.

49. Policy U3 states that all proposals for new buildings totalling 1000 square metres floor space or more would be required to incorporate renewable power generation equipment to provide at least 10% of the predicted energy requirements of those buildings, unless it can be demonstrated that there are overwhelming practicable reasons why this is not appropriate.

50. Policy IMP1 seeks the provision of financial contributions made necessary by the development. It is now unlawful for a planning obligation to be taken into account when determining a planning application for a development that is capable of being charged CIL if the obligation does not meet all of the following tests:

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

51. In the context of this application the development is in a category to which Regulation 122 applies. The requirements for financial contributions towards infrastructure improvements are matters which, if the proposals were to be supported, would need to be secured through a planning obligation. This is a proportionate obligation that is considered to comply with the regulation and for which there is a clear policy basis either in the form of development plan policy or supplementary planning guidance.

Emerging Luton Local Plan 2011-2031

52. The emerging local plan has been submitted for examination, which is currently being heard. All being equal it is anticipated that the Plan would be adopted in early-to-middle 2017. The policies contained within that plan are afforded some weight in the decision-making process, but the current Luton Local Plan 2001-2011 continues to form the predominant development plan for the Borough.

53. The site is allocated on the Proposals Map of the emerging Luton Local Plan as a strategic allocation site and policy LP8 is directly specific. This policy seeks a comprehensive redevelopment of the Napier Park site setting out appropriate objectives for development proposals.

54. Other policies of relevance to the proposals are policies LP1, LP2, LP15, LP16, LP21, LP25, LP27, LP30, LP31, LP36, LP37 and LP39.

55. Policy LP1 sets out the broad policy of the plan which is the presumption on favour of sustainable development.

56. LP2 sets out the Spatial Development Strategy for the borough, setting out objectives for housing delivery, job creation, retail provision and improvements to infrastructure associated with development. The policy also identifies strategic sites for development. Napier Park is identified as a strategic allocation.

57. LP15 sets out specific objectives related to housing provision and identifies Napier Park as an appropriate location for additional housing growth.

58. LP16 relates to affordable housing provision identifying that the Council will require a provision of 20% affordable housing units (or equivalent financial contribution) on all schemes that deliver a net gain of 1 dwelling.

59. LP21 sets out the centre hierarchy for main town centre uses.

60. LP25 requires development to achieve high quality design setting out criteria material to application proposals.

61. LP27 sets out the provision of open space and natural green infrastructure associated with new developments.

62. LP30 concerns the historic environment and seeks to protect, conserve and enhance historic assets.

63. LP31 requires, amongst other things that new development minimises the need for travel, reduces road congestion, reduce safety risk to motor and non-motor users and ensures the quality of the local environment is not compromised.

64. LP36 sets out objectives for minimising the risk and impact of flooding within new developments.

65. LP37 is concerned with climate change, carbon and waste reduction and sustainable energy proposals, and is generally supportive of proposals which will contribute towards mitigation and adaption to climate change through energy use reduction and efficiency and renewable and decentralised energy.

66. LP39 is related to infrastructure and developer contributions relevant to the scale of development proposed. The criteria of the NPPF as set out in para. 44 of the report, is also relevant to this policy.

Equality Implications

67. No disproportionate effect on people with protected characteristics has been identified.

Consultation Responses

68. Local Highway Authority: Advises that they are content with the broad approach taken in the submitted Transport Assessment (TA), which is consistent with the approach taken in the TA submitted with the Outline scheme which received approval in 2015. Acknowledges that as part of that Outline approval, the surrounding highway network is to be upgraded to accommodate the additional anticipated traffic. Is satisfied that the traffic that would be generated by the current proposals would not be adversely different from the anticipated increases arising from the approved Outline scheme. Acknowledges that £1.4million of funding has already been received and committed to provide the aforementioned improvements.

69. Acknowledges the sustainable location of the development, which has good access to rail and bus links, within comfortable walking distance. The car parking provision is within the maximum standards which, whilst acceptable in principle, require further detailing in regards to car park management on site and the provision of further incentives to reduce reliance on car ownership amongst potential residents (e.g. travel plans/inclusion of a car club).

70. Lead Local Flood Authority: Has had extensive communications with the applicant’s drainage consultants. Following those discussions the drainage strategy is considered to be acceptable as a matter of principle and has recommended the imposition of a suitable condition related to the details of the drainage work to be implemented. Is satisfied with the principles of the drainage strategy that has been submitted. Has requested a condition be imposed on any permission that is granted relating to the incorporation of sustainable urban drainage (SuDS).

71. LBC Building Control: No response has been received. Any comments made will be reported at the Meeting.

72. LBC Children and Learning: The response identifies that the development has the potential to yield in excess of 83 new primary and 20 new secondary school places and indicates that the town currently does not have the capacity within existing schools to accommodate the additional places that would be generated. As such a financial contribution has been requested, which would go towards improvements to and expansion of education facilities, made necessary by the proposed development.

73. LBC Environmental Protection: Has some concerns about external noise from plant and from the future uses of the proposed external open space. The applicant has responded by indicating that the design of these elements will be subject to further detailing at the appropriate time and would be content for further details on relevant matters to be secured by planning condition. In the circumstances this is considered to be an appropriate course of action. With regards to ground contamination, Environmental Protection is satisfied with the conclusions and recommendations of the reports submitted for consideration. Would also like a condition imposed on any permission granted that relates to the installation of external lighting across the development.

74. LBC Housing Policy: Has provided advice on the housing needs within the borough and specifically those needs required in respect of affordable housing. Has sought to secure a proportion of affordable housing from any development of the land.

75. LBC Library: No response has been received. Any comments made will be reported at the Meeting.

76. LBC Museums: Indicates that the proposed development could result in an increase in visitor numbers to the Stockwood Discovery Centre, which in turn would put pressure on the existing facilities there. As such a financial contribution has been sought and this would go towards making improvements to the centre.

77. LBC Parks: Broadly welcomes the proposals for an attractive public realm, which includes diversity in the landscape and acknowledges the small opportunities for natural play within the development proposals. Some general observations have been made concerning the surface treatments and species to be installed, which correspond with other consultation responses received on these matters. To address the observations it is considered that, in the event that planning permission is granted, further details of landscaping and species be secured by condition. Has requested a financial contribution, which would enable the provision of a multi-play unit to be installed at nearby Manor Park, which would mitigate the anticipated additional footfall created by the development.

78. LBC Public Health: No response has been received. Any comments made will be reported at the Meeting.

79. LBC Strategic Planning: Has provided advice on the housing mix requirements within the borough and has set out advice on the proposed inclusion of retail, leisure and tourism uses proposed. The implications of these use is assessed in the detailed sub-sections to follow in the report.

80. LBC Waste Management: In order to meet the waste management needs arising from the development a financial contribution has been requested which would go towards the provision of appropriate refuse containers.

81. Affinity Water: No response has been received. Any comments made will be reported at the Meeting.

82. Bedfordshire Fire and Rescue: Has provided advice on the installation of appropriate fire hydrants within the development. There is relevant national guidance pertaining to this, which is required outside of the planning process. The applicant has been made aware of the comments and has indicated that any development will be carried out in accordance with those requirements.

83. Bedfordshire Health: No response has been received. Any comments made will be reported at the Meeting.

84. Beds and Herts Strategic Health Authority: No response has been received. Any comments made will be reported at the Meeting

85. Care Standards Commission: No response has been received. Any comments made will be reported at the Meeting

86. Central Beds Council: No objection is raised to the application proposals. Comment is made on the highways impact of the development, and these issues are being addressed by both Highways England and the Local Highway Authority.

87. Central Beds Council (Archaeologists): Raises no objection to the application on archaeological grounds.

88. Chamber of Commerce: No response has been received. Any comments made will be reported at the Meeting.

89. East of England Development Agency: No response has been received. Any comments made will be reported at the Meeting

90. EDF Energy: No response has been received. Any comments made will be reported at the Meeting

91. Environment Agency: Has provided no comments to the application proposals. Has referred the LPA to advice received from the Council’s Environmental Protection team.

92. First Capital Connect: No response has been received. Any comments made will be reported at the Meeting.

93. Hertfordshire County Council: No response has been received. Any comments made will be reported at the Meeting.

94. Highways England: Continues to work with the applicant in order to clarify that the anticipated impact occurring on Junction 10 of the M1 will be acceptable. The concerns raised by Highways England have emerged following the submission of a number of large, strategic applications in the town at the same time, and want to be satisfied that existing junction capacity can cope with the potential cumulative impacts.

95. London Luton Airport (General Manager): No response has been received. Any comments made will be reported at the Meeting.

96. London Luton Airport (Safeguarding): Has no objection to the development in principle and advises that there is no conflict with safeguarding criteria. Has provided advice on landscaping (and potential birdstrike based on species to be included) and lighting proposals. The applicant is aware of the comments made and any issues can be resolved through the imposition of suitable planning conditions in the event that planning permission is granted.

97. Luton Health Primary Care Trust: No response has been received. Any comments made will be reported at the Meeting.

98. National Grid Transco: No response has been received. Any comments made will be reported at the Meeting.

99. Network Rail: Has raised no objections in principle to the development. Has requested the imposition of some conditions relating to abnormal loads on nearby Network Rail assets and noise/soundproofing to new residential properties to mitigate the impact of the nearby rail network.

100. North Herts District Council: Raises no objections to the proposed development.

101. Police Architectural Liaison: Would like to see ‘Secured by Design’ standards incorporated in the design of all buildings and ‘Park Mark’ standards incorporated into parking facilities. Has requested LBC inclusion in CCTV monitoring of the site. Suitable planning conditions should be imposed on any permission that is granted in order to secure further details in respect of these issues.

102. Thames Water: No objection has been raised to the proposed details. However in the event that planning permission is granted, some conditions have been requested seeking further details relating to the installation of fat traps on any catering premises and details of any piling to be used. No objection has been raised on the grounds of sewerage infrastructure.

103. The Wildlife Trust: No response has been received. Any comments made will be reported at the Meeting.

104. Transco Gas Services: No response has been received. Any comments made will be reported at the Meeting.

105. Statutory Publicity: The application has been notified to 107 surrounding properties by way of a letter and a number of site notices erected in areas surrounding the site. A press notice has also been displayed identifying that the application is accompanied by an Environmental Statement and that the proposals represent a departure from the Luton Local Plan 2001-2011. At the time of writing the report, nineteen letters/emails of representation have been received. Sixteen of these are opposed to the development and two are in support. A further letter was received but the author wishes to remain anonymous and as such, the comments cannot be used.

106. The objections received against the development raise issues relating to the following:

• Inappropriate height and scale of development; • Concerns on the design and appearance; • Impact on aircraft safety; • Unacceptable density of development; • Overdevelopment of the site; • Overbearing and visually intrusive development; • Need for the type of development proposed; • Poor living environment to be created; • Visual Intrusion on residential amenity; • Overlooking; • Loss of privacy; • Loss of views; • Development out of keeping and out of character with the area; • Blocking of light, loss of light and overshadowing; • Increased noise and general disturbance; • Lack of parking; • Increased traffic congestion; • Impact on local infrastructure (highways/schools etc.); • Lack of benefits for locally-based people; • Increased highway and pedestrian safety; • Impact on wildlife; • Increased levels of pollution.

107. The support received for the development raise comments on the following:

• Increased vibrancy to a long-time derelict site; • Development would encourage outward-investment in the town; • Impressive scheme; • Complimentary about the design, which would promote a better image for the town.

MAIN PLANNING CONSIDERATIONS

108. The material planning considerations relate to the details of the Environmental Impact Assessment, the principles of the development, street scene and townscape, , the impact on heritage assets, design implications, landscaping and public realm, the living environment to be created, the impact on the adjoining occupiers of the site, drainage and flooding, highways and parking and scheme viability.

Environmental Impact Assessment

109. As an “Urban Development Project”, the planning application falls within Schedule 2(10)(b) of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2015 (as amended). On this basis the application has required an Environmental Statement (ES). The purpose of the ES is to ensure that the environmental effects of the proposed development are fully considered, together with the economic and social benefits, before the application is determined. The ES is submitted for formal determination as part of the application and is considered under the following headings:

• Transport and Access • Noise and Vibration • Air Quality • Ecology • Daylight, Sunlight and Overshadowing • Microclimate • Cultural Heritage • Water Resource and Flood Risk • Ground Conditions • Landscape and Visual Amenity • Socio-economics • Cumulative Impacts

110. The main considerations in relation to the impact of the foregoing will be considered within the following sub-sections of the report.

Principle of Development

111. The principle of redeveloping the site is long-established, with a mix of suitable uses being set out in the adopted and the emerging planning policies, as well as a certain type and quantum of development being secured as part of the redevelopment proposals as set out in the extant Outline permission (13/00280/OUT). The proposed development offers a similar mix of uses to that already accepted on the land, although some additional uses are now included in the proposals before Members for consideration.

112. With regards to the national policy context, the NPPF advises that all proposals for residential use should be considered in the context of the presumption in favour of sustainable development. In order to deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities, local planning authorities should plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community; identify the size, type, tenure and range of housing that is required in particular locations, reflecting local demand; and set policies for meeting affordable housing needs on site with the agreed approach to delivery contributing to the objectives of creating mixed and balanced communities. The NPPF also advises that when considering proposals for main town centre uses in out of centre locations, preference should be given to accessible sites that are well connected to the town centre. Pertinent to the application proposals para. 37 of the NPPF encourages a balance of land uses within areas so that people can be encouraged to minimise journey lengths for employment, shopping, leisure, education and other activities.

113. The site is identified as a strategic site within the Adopted Local Plan, which is covered by Policy KR1, and the application site is specifically identified as Area 3 of the overall site, to which para. (3) is of relevance. Para. (3) specifically requires redevelopment of the site to include the following:

• B1 and/or B2 uses; and/or • Hotel use; and/or • Car showroom; or • If the site is not redeveloped then its retention as a vehicle release facility.

114. The proposed land uses within the development include for residential use, a mix of A1 to A4 retail uses, a hotel and a Medical Wellbeing Centre, and with the exception of the hotel, it is clear that the proposals would represent a departure from the strategic objectives set out in the policy. Whilst this policy remains relevant and still carries due weight, it is acknowledged that the adopted Plan is over 15 years old. In the time since the policies were drawn up there has been a noticeable shift in the character of the immediate area and a general change in the aspirations for redevelopment of the wider Napier Park site, which has included the grant of two separate Outline permissions, the last of which remains extant and a material consideration. It would be fair to say that, with Luton requiring a demonstrable need for regeneration of its more strategic available sites, the aforementioned list of land uses are considered to be somewhat underwhelming, even in light of them being viewed as part of the wider proposals for the whole Napier Park site and this is reflected in the emerging Local Plan where at Policy LP8, the potential is acknowledged to create a new neighbourhood centre at the site. On the basis that the principles of the proposed development offer more to the town in terms of benefits, visible improvements and notable regeneration than could be achieved if the existing objectives of KR1 were to be implemented, the Committee may consider that a departure from the plan is acceptable in this instance.

115. Notwithstanding the foregoing, the principle of the individual uses proposed is considered as follows:

Residential

116. The need for residential accommodation throughout the borough is significant with the modelled outputs for housing mix need in Luton being 17,800 homes over the emerging Local Plan period of 2011 to 2031. However the evidence contained within the Strategic Housing Land Availability Assessment (SHLAA) (2014) and Sustainability Appraisal (2015) demonstrates that there is only a limited supply of land within the borough boundaries, which would amount to the provision of only 6,700 being deliverable on the identified sites. In this context, whilst Policy KR1 of the adopted Luton Local Plan identifies residential development as an appropriate land use within specified areas of the Kimpton Road Action Area, as previously mentioned the area pertaining to the application site (“Site 3”) does not include for such provision.

117. Policy H2 of the Adopted Plan is supportive of residential development on previously developed land, such as the application site, provided there would not be an unacceptable impact on the environment; that there is good access to local facilities and public transport; and that the development would not result in the loss of use of which there is a recognised local need. The Napier Park site in its entirety remains a strategic allocation for development in the Emerging Local Plan, but the fragmentation of the site in the Adopted Policy is not carried through. Instead the Policy supports a mixed use development across the whole site as a matter of principle, which includes residential uses. As will be set out in the following paragraphs the proposed development is considered to meet the policy criteria of H2.

118. Policy LP15 of the emerging plan is equally supportive of the inclusion of housing at Napier Park, identifying it is a strategic site for additional residential accommodation and identifying that higher density housing will be encouraged within the town centre and at district and neighbourhood centres (acknowledging that the proposals would in essence create a new neighbourhood centre for the future population).

119. As set out previously in the report an application for some 520 homes on the north-western side of the Napier Park site has been submitted by Redrow homes and is currently under consideration by the Local Planning Authority. If that scheme were to be approved, together with this scheme, this could realise some 1,205 new homes emerging across the Napier Park site in total, which would go some way to meeting the existing housing needs within the borough. Residential use included as part of the proposed development is acceptable as a matter of principle.

Retail

120. The retail provision proposed within the development amounts to 4,264 sq. metres with 672 sq. metres being identified for A1 convenience retail. The remaining retail floorspace (3,592 sq. metres) will provide a mix of A1 to A5 uses to compliment the convenience floor space and to serve the new population being created within both the proposed development and the residential development that is envisaged to come forward on the wider Napier Park development.

121. WYG Planning & Environment (WYG) was commissioned by Luton Borough Council in 2014 to undertake an update (Retail Update (2015)) of the Luton Retail Study Refresh (2012 Refresh) with the objective being to provide an up-to-date assessment of the retail capacity position in Luton since the Retail Study Refresh was completed in 2012. The 2012 Refresh had previously acknowledged that Napier Park represents one of the most important regeneration sites within the borough for a major mixed use development in a highly sustainable location. Within this context, it therefore advised that a modest amount of convenience retail floorspace will be appropriate to provide for the day-to-day requirements of any new commercial and residential population coming forward on the site and in order to make this important scheme viable. Within the 2012 Refresh it also identified that Power Court and the Northern Gateway sites (as edge of centre locations in and around the Town Centre) offer a significant opportunity for additional comparison goods floorspace, which would serve to reinforce the strength of the Town Centre itself. Beyond that anticipated provision, additional surplus capacity to support new retail floorspace would normally be expected to be accommodated through the district and neighbourhood centre hierarchy.

122. In this regard Policy KR1 of the adopted Luton Local Plan supports the creation of retail facilities at Napier Park to meet the needs of the immediate locality and bulky-goods retail on differing constituent elements of the site as identified on the Proposals Map. In addition, and providing a clear evolution in strategy for development of the site, Policy LP8 of the emerging Local Plan (at para. B(i)) encourages the creation of a new neighbourhood centre, focused around a vibrant public space. A “Centres background paper (April 2016)“ undertaken by Luton Borough Council in support of the emerging Local Plan, identifies that “Appropriate flexibility and contingency is needed within the policies for the Town Centre and network of District and Neighbourhood Centres in order to recognise the opportunities to establish new centres as part of planned strategic growth in order that these locations can better meet day-to-day needs such as at Napier Park and to support regeneration”. It further identifies that, in response to representations on the Pre-Submission Luton Local Plan Consultation (October 2015), the Council has proposed a Minor Modification to Policy LP21 in order to acknowledge the creation of a new Neighbourhood Centre at Napier Park (as set out in the abovementioned objectives of emerging Policy LP8).

123. Also of material weight is the extant planning permission, to which the site benefits. This permission includes for the provision of 8,725 sq. metres of retail within the site with 4,645 sq. metres providing a foodstore (2,555 sq. metres sales floorspace) and the remaining 4,080 sq. metres providing a mix of A1 to A5 uses and this has provided the basis for the objectives of creating a mixed-use neighbourhood centre as set out in the emerging policies. At the time of assessing that previous application the retail provision was not found to have a detrimental impact on centres higher up in the retail hierarchy. The retail elements of the extant permission have been counted as ‘committed developments’ within the Retail Update (2015). The current proposals represent an overall reduction of 4,461 sq. metres of retail on the site and as such it stands to reason that a similar negligible impact should be anticipated on the retail landscape going forward. Indeed the Impact Assessment accompanying the application, which sets out a ‘worst case scenario’, identifies that the retail capacity in the proposed development would fall substantially below that of the consented scheme, which is a reasonable conclusion, considering the omission of a Foodstore within the proposed development.

124. Whilst the emerging Local Plan is going through the EiP process (and as such the ‘Minor Modification’ has not been considered formally by the Inspector) the application proposals are considered to be in line with the general thrust of the strategic objectives for the area, and represents a reduction in the provision of retail to which the site already currently benefits under the realms of the extant Outline permission. It is therefore concluded that the principle of the proposed retail element of the development is acceptable.

Hotel

125. As set out previously, both the adopted Local Plan (at Policy KR1) and the emerging Local Plan (at Policy LP8) support the inclusion of hotel development on the Napier Park site, and by virtue of the approved Outline scheme, permission exists on the wider Napier Park site for hotel development of up to 240 rooms. The evidence base of the emerging Local Plan includes the Luton Hotel Study (2015), which identifies that existing demand in the town exceeds the current supply of hotel rooms within the borough. The Study also takes account of the approved expansion plans for the airport, identifying that the projected demand from passengers and the air industries will increase significantly. The Study advises that in terms of location, the demand for hotel spaces is largely focused around the airport and as such there is less demand and interest for spaces within the Town Centre and the findings of the Study indicate that more sites may be needed around the airport to accommodate the identified need. The hotel development approved as part of the Outline planning permission on the land forms part of a group of extant permissions that, if assumed to be built out by the year 2020, would still generate a net requirement for an additional 1,024 rooms in the town, growing between 1,030 to 1,829 rooms by the year 2030. In the light of the extant permission including hotel provision, together with both the existing and future Policy objectives for the site and the figures set out in the Hotel Study (which are identified as being conservative in estimation), it is considered that the inclusion of a hotel within the development proposals is acceptable as a matter of principle.

126. Connected to the hotel as an ancillary facility is a flexible space, which could be adapted for banqueting or conferencing and similar events. The space will have a floor area of 1,000 sq. metres and an associated kitchen and will make up 20% of the overall floor area of the hotel. The space will also be able to be subdivided to create smaller spaces in order to cater for the needs of the user. The space will be interconnected with the hotel, accessible from the lobby. However it will also have its own access/entrance point at the designated rear of the building adjacent to the hotel drop-off area together with circulation core. This will allow for alternative access arrangements to be available to serve larger events and to avoid potential conflicts with the residential element of the hotel.

127. Such facilities are not considered to be out of keeping or alien to hotels and provide an important supplemental service to the wider purposes of hotels themselves. The site is in a key location to the wider transport network, being almost directly accessible by air, rail and bus as well as by bicycle and private car. The overall hotel package will be located on a key strategic site, in an area identified for wholesale wider regeneration. Together with the other uses included in the planning application proposals, the inclusion of the facility within the hotel is considered to be acceptable as a matter of principle.

Gym

128. The Gym would fall into the category of providing community facilities, and its inclusion in the mix of uses to be offered within the proposed development seems to be sensible in this approach given that the surrounding area has the potential to create over 1,000 new homes subject to various planning permissions being granted.

129. Policy LC4 of the Luton Local Plan is of relevance. In order to meet the requirements of this policy, proposed uses are required to demonstrate a level of local or regional need for the intended facility; ensure that the facility is well related to the area it serves; and that it would not adversely affect the viability and vitality of a shopping centre; ensure that there would be no unacceptable effect on the amenity of any surrounding residential dwellings and other uses; and ensure that it does not take land either in or allocated for other uses, unless it is demonstrated that the need for the facility outweighs that for the existing or allocated use.

130. With regards to the inclusion of a gym within the development, there are numerous facilities existing within the town centre, and the established residential areas to the south of the town are well served by existing leisure facilities existing on Capability Green and at Venue 360. The proposed development includes for 685 new homes in this scheme alone, with potential for a further 500+ coming forward on the adjacent site within Napier Park. As part of the emerging neighbourhood destination a gym facility for the future population surrounding and using the site is considered to be a compatible use that would contribute to the anticipated vibrancy of the immediate area, without resulting in any undue detriment to existing facilities within the town centre. Whilst it is considered that the majority of users would either come from within the development or local to the application site, the site is on excellent strategic transport links offering suitable opportunities for sustainable travel to the site. In this regard the proposals for a gym are not considered to conflict with the policy objectives of LC4, and would be wholly in keeping with the spirit of the NPPF and in particular the thrust of para. 37.

Medical wellbeing centre

131. The wellbeing centre will not form part of a public health service and as such it does not constitute a community facility in the accepted conventional sense, albeit of course that the service would be available to the general public, including the local community. As the proposal therefore represents an essentially commercial enterprise, the policy criteria set out in new and extended community facilities, as set out in Policy LC4 of the adopted Plan is of limited relevance. Instead it is considered appropriate that the facility is assessed in the context of its appropriateness to the range of uses forming the hub of the commercial offering provided by this development and its potential for attracting inward investment and expenditure. In this context and as a result of the strategic transport links close by, the benefits of the facility may be seen as having the potential to attract nationwide and international visitors. , The site is excellently located. It is sustainably served by both Luton Parkway station and by the Luton and Dunstable Busway, which immediately increases its appeal to a wider catchment. Previous assessments of redevelopment proposals for Napier Park have identified that, the application site has a catchment of approximately 27 million people within a 2 hour travel time. The site is less than 30 minutes by train from London and an hour from the Midlands. It is 15 minutes’ drive from the M25 and 5 minutes from the M1. Added to this is the proximity of the airport, which flies to a number of international destinations within that 2 hour travel time. These are all important considerations given the type of facility to be created in this instance, which is likely to target nationwide/international visitors. Furthermore its location, within an emerging neighbourhood destination is one which may benefit from a level of discretion that the site offers over and above busier town centre-based alternatives such as the Northern Gateway or Power Court.

132. The inclusion of this facility within the development is seen as an aspirational addition and an opportunity is being presented to the town in this instance, to have a facility that is not readily available already in Luton or in other towns in the surrounding region. The centre would be relatively specialist in terms of the procedures that it would offer and this would serve to raise the town’s profile as a regional centre. Furthermore the use is so specialist that it is not considered to be undermining or to effect existing levels of vitality within the town centre. Its inclusion within the development reflects the high quality aspirations that are held for the overall site, which would ensure that it integrates appropriately without detriment. The inclusion of the facility is considered to be broadly in keeping with the aspirations of the local plan and would be wholly in keeping with the spirit of the NPPF and in particular the thrust of para. 37.

133. Overall the development is considered to include a harmonious and inclusive mix of uses that would provide a good destination for people to live, work and socialise and as such it would perform an economic, social and sustainable role, thus meeting the three dimensions of sustainable development as set out in the NPPF. Whilst not in keeping with the thrust of Policy KR1(3) of the adopted Luton Local Plan, the proposed development offers broad compliance to other relevant policies as set out. On the basis of the foregoing the development of the site as proposed is considered to be acceptable as a matter of principle.

Street Scene and Townscape

Building Scale, Form and Massing

134. The overall Napier Park site has been cleared and awaiting redevelopment since the removal of the former Vauxhall plant buildings during the mid- 2000’s. Any development on the site would therefore result in drastic changes to the street scene. Due to the scale and height of the application proposals, there will be consequences for the nearby street scene views as well as the wider townscape and as such it is important that the impact of the development is fully assessed so that the wider area can experience the benefits of a high quality development as opposed to suffering the consequences of an ill-thought out scheme.

135. The development will be laid out with the RBA building fronting Kimpton Road in the north-western corner of the site, being adjoined by a new public square on its eastern side, which is then adjoined in turn by the proposed hotel building standing in the south-eastern corner. A set of buildings would occupy the northern extents of the site wrapping round to adjoin the hotel building, which would include the residential towers of RT1, RT2 and RT3 and the Medical Health and Wellbeing Centre, all of which would be linked over the first three floors. The new public square is positioned adjacent to Kimpton Road and will welcome pedestrians entering the site from the south. Permeability through the public square would take pedestrians to an internal street or piazza, which would provide separation between the RBA building and those buildings on the northern side of the site. The ground floor areas addressing the piazza would be occupied by a mix of A1, A3 and A4 uses, which would assist in creating a sense of place within the internal setting of the development. The inclusion of the piazza and the active frontages facing onto this space are considered key in the overall success of the development as collectively the design of the development will attract people and in turn people make places successful.

136. The general geometry of the buildings within the development would be in a block form, with individual buildings relying on their height, mass, volume, materiality etc. for individual distinction and for variation in how they appear in the street scene. The layout of the development (including important external spaces) and the materiality of the buildings is well-thought out and as a consequence, the development will work as a whole and promises to achieve an exciting element of regeneration to the area. However it is important that the development can suitably integrate into its surroundings in a complimentary manner as opposed to having adverse effects.

137. The layout will result in all aspects and buildings being visible from certain vantage points in the nearby public domain. The frontage along Kimpton Road will see the most drastic changes to the streetscape views as it is the only public highway, which will directly adjoin the site boundaries. Existing scale in the area is predominantly two and three storeys in height although many of these buildings are vast in footprint and dominant in their surroundings. Directly opposite the application site is the Hampton by Hilton hotel, which is 7 storeys in height together with its car park, which creates openness on its western side. The ES contains a chapter on Landscape and Visual Amenity which looks at the massing of the proposed development within the context of the application site and its surroundings. Nearby views from within Kimpton Road, looking east and west have been included.

138. The view taken looking east, identifies that the RBA building would be most dominant in the street and would represent a significant change to the currently vacant site, both along the Kimpton Road frontage and where it will recess back into the site to the north. The massing view that has been provided identifies the relatively openness of the immediate area, created by the generous width of the public highway being adjoined by the open car park serving the hotel. There is a terrace of two storey development on the southern side of Kimpton Road but this is set against the dominant backdrop of the 7 storey hotel building. Notwithstanding the progressive 9 to 11 storey height of the proposed RBA building, the inclusion of the development’s form and massing within the view is surprising insofar as it does not appear overbearing or out of place to an adverse degree within the view. The proposed towers linking around to the hotel building would be largely screened from the street scene when viewed from a western direction.

139. The view taken from the east and looking west within the ES study is taken a little further along Kimpton Road away from the development, and the image used indicates that commercial buildings in use by Vauxhall and the Express Newspaper would dominate street level views, with the proposed hotel and tower buildings being visible above their established roofline. From this perspective the inclusion of the varied scale created by the proposed cluster of buildings would add some interest, without having an adverse effect on any views beyond.

140. The development itself would not become apparent at street level from the east until a point along Kimpton Road that sits approx. 140 metres from the easternmost boundary of the site. Here the hotel building on the southern side of Kimpton Road again provides the backdrop to the view, which is relatively open, largely as a result of the undeveloped site at Stirling Place. At this point the 8 to 9 storey element of the hotel building (set on top of a 2.4 metre high (approx.) raised ground level) would be read together with the RBA building and separated by the area of public open space. Whilst the ES study does not capture this perspective, the impact on the street scene at this location is considered to offer a significant benefit to the surrounding environment. The slightly splayed angles at which the eastern elevation of the RBA building and the western elevation of the hotel building (which would both overlook the public square) are set would compliment the inviting qualities created by the proposed public square fronting on to Kimpton Road. There is a hard landscaped element at the entrance to the public square on Kimpton Road, which would provide a ‘welcome space’. This welcome space has been positioned to correspond with the pedestrian access link on the southern side of Kimpton Road that leads to and from Parkway Station. This space would comprise the relocated War Memorial and multiple access options leading into the development. This wider area of the public open space would be suitably framed by the proposed buildings and will encourage natural permeability and choice of pedestrians to travel through the site and experience the new piece of townscape being created.

141. The buildings will be recessed back from the edge of the site boundary where it adjoins Kimpton Road and will be set on a raised level by virtue of the land gradients experienced on site. This will result in the creation of a number of retaining walls being installed and a fair amount of space being undeveloped between the building elevations and the boundary line. To the front of the hotel building, adjacent to Kimpton Road, will be a single storey substation building. Whilst the appearance of these structures against the larger scale of the buildings would all be relative, further details on the enclosure of the substation building and on the appearance of the retaining walls would be sought by condition to ensure that they would not be detrimental to the quality of the scheme overall. It is envisaged that the remaining areas of open space along the frontage would be grassed over to create a green foreground, and this would be accompanied by significant tree planting, with approximately 60 trees being planted along the Kimpton Road perimeter and a further 50 trees and small hedges being created within the proposed area of public open space.

142. The proposed development will result in radical change to the street scene environment in the immediate context surrounding the site. The buildings display a high quality of design with quality materials to be included, and their scale and massing will be able to suitably integrate into the area, being assisted by a softening that would be created by a well-thought out and good quality landscape scheme both along the perimeter of the site and in the form of the proposed public square.

143. Historically the application site always provided something of a visual icon, with the old paint shop building of the former Vauxhall car plant and the large lettering and logo affixed to its southern elevation being clearly visible from a number of wider views on entry to the town from the south. Historic photographic evidence identifies that the former buildings residing on the site dominated the wider townscape and skyline views and as a consequence of their functional appearance and block-like mass, the Car Plant itself was a prominent and visual landmark and reference point for legibility.

144. Likewise, the proposed development will create a development that will be visible from the wider townscape with one of the residential tower blocks being 22 storeys in height with a further mix of buildings ranging from 9 to 16 storeys. . The town currently has a number of similarly notable reference points, which include both the Bailey Hill and Crescent Road Water Towers, the control tower at London Luton Airport, various buildings on the university complex, Arndale House and the high-rise flats in Park Town, Marsh Farm and Hockwell Ring and the skyline created is varied due to the almost basin-like setting of the town itself. Unlike the previous factory buildings that resided on the site, the proposed development will be varied in height but also the design of the blocks involved will mean that the mass created will be broken up, allowing views through the development to the landscapes beyond.

145. The ES has assessed important views from both the south and the east of the site where the site benefits from the backdrop of St Anne’s Hill in accordance with Policy LP8 of the emerging Local Plan which requires that development should minimise its impact on the local landscape, including that at St Anne’s Hill. In this regard views have been assessed from vantage points along the New Airport Way relief road, which puts the massing of the development into the context of the site. The images portray that the development would be a prominent addition to the site and will result in the obscurity of the hill at certain vantage points but it would not fully obscure the views from all aspects to the south of the town.

146. The wider views of the development would also encompass those from the cemetery away to the northwest. The south eastern boundary of the cemetery is aligned with a number of mature and semi-mature self-set trees, which create a significant screen to views east. The development will be partially visible through this tree line, but the screening provided is sufficient that the setting of the cemetery and views into and out of it would not be adversely affected.

147. Various views have also been explored within the ES, from raised ground at Polzeath Close to the north of the site and from the Central Train Station within the town centre to the west. It is evident that views from both of these locations would be altered by the development, although the degree of impact occurring is assessed as being moderate to minor beneficial. In the case of views from the north the foreground is dominated by the existing built up residential area and the retained industrial buildings at I.B.C. This area of town is at a significant land gradient above the level of the application site and as such it is only the upper most floors of the building which are likely to be visible, emerging above the roofline of the existing factories. The impact from here will not be detrimental to either the general townscape or to views beyond the application site. With regards to the views assessed on exit of Luton Station to the west, the outlook from this location is largely dominated by the proliferation of town centre buildings. However the vacant site at Power Court corresponds with the approximate sightline to the application site and thus its exposure would be increased as a result of the experienced openness. In this case it is acknowledged that the development would be visible from this vantage point although the distance away at which the development would be from this area would ensure that its impact on the general townscape would be limited. Furthermore any future development of the Power Court is anticipated to reduce its impact to a level considered to be negligible.

148. The site is very prominent from the railway line and is one of the first and last things that can be viewed upon entering and exiting the town via trains linked to London. Similarly the site is openly visible from the air on departure and approach from the Airport. The importance of these views and the impact that could be created by the development from these perspectives should not be underestimated, as the partial and fleeting appearance of the proposed development available to commuters (who may not necessarily have spent time within the town) will form an opinion on how the town is perceived by a wider audience. The scale and massing of the development will create a visible statement in itself but it is the quality of the design and layout that is being proposed that is anticipated to create a suitable level of interest to the passing community.

149. Other vantage points from which the proposed development would be potentially visible is from Someries Castle (a Scheduled Ancient Monument) and the Luton Hoo Estate (which includes the Grade I Listed Luton Hoo building). Both of these areas reside within the boundaries of Central Bedfordshire Council and an assessment of the impact of the development on these designated heritage assets is considered in the following sub- section of the report.

150. What has to be borne in mind is that all of the views assessed within the ES are of the proposed development in isolation and in this regard it is considered to be successful as a standalone development as result of the proposed buildings being clustered together and providing a suitable variation in heights with the design and layout allowing for continued views through. It is an advantage that the site works independently but it is anticipated that in the longer term, its impact on the wider townscape would be reduced somewhat by the anticipated redevelopment of the remaining areas of Napier Park and Stirling Place, which are identified as strategic sites for wholesale regeneration and on which the outline consent exists. In this regard, the land to the west of the application site is identified wholly for new housing (on which Redrow Homes has an application under current consideration). On the opposite side of the proposed spine road serving the overall development and standing immediately opposite the proposed RBA and RT1 buildings on the application site, is an area of land which, by virtue of the extant outline planning permission, has an accepted principle for taller buildings, with the intention being that a landmark building would be provided on this land parcel and then as the development progresses upwards towards the existing St Anne’s residential area, it is envisaged to reduce down to the domestic scale of the adjoining established housing.

151. Overall it is acknowledged that the proposed development would create a new landmark within the townscape of Luton. There are important principles, which have been included in the design of the development, which results in its scale and mass being acceptable both in the immediate and wider surroundings of the application site. The application site is centrally located in an area, which is targeted for wholesale regeneration, which will include the cleared land at Stirling Place and the remainder of the land at Napier Park. The cluster of buildings being proposed would sit at the heart of that regeneration and would create a landmark destination, with a promise of high quality buildings centred around a high quality public realm. Instead of integrating modestly into the existing urban grain, the development seeks prominence and the bold approach to development is considered to represent a positive step that will create additional interest within the town, with the added benefit of improving the perception of Luton and increasing the exposure of the town. Whilst likely to be unintentional, the principle of creating a landmark development on the site represents a nod to the iconic history of development on the site, and this in itself is welcomed. The assessment carried out within the ES sets out that the proposed redevelopment of the vacant site is generally considered to have a moderate to minor beneficial impact on the townscape from various assessed nearby and wider views, and this assessment is considered to be reasonable. In isolation the impact of the development on nearby and wider street scene views is acceptable and when considered in principle as part of the wider regeneration of the area, the development would play its role in an exciting change to the urban fabric in this part of the town.

Impact on Heritage Assets

152. Within the context of the application site there are a number of heritage assets, which have the potential to be impacted upon by the development. In the immediate context lies a Grade II listed building, which is approximately 81 metres to the southeast of the site on the opposite side of Kimpton Road. In the wider context, consideration is given to the setting of the Grade I listed Luton Hoo and its gardens, and to the Scheduled Ancient Monument at Someries Castle both of which sit outside of the borough boundary (falling within Central Bedfordshire), but within proximity of the development, which requires consideration of its impact.

153. Paragraph 132 of the NPPF makes it clear 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. The Listed Buildings and Conservation Areas Act 1990, contains a statutory duty to pay special attention/regard to the desirability of preserving or enhancing Listed Buildings (S66) and Conservation Areas (S72). The concept of “preserving” means doing no harm and can therefore be neutral, rather than “positively preserving”. However, if there is harm, then special weight should be given to the desirability of preserving etc. and there will be a strong presumption against the grant of planning permission. In this context there is the requirement to ensure that the impact of the development does not harm the significance of these nearby designated heritage assets in terms of their setting.

Office Building, Kimpton Road (Grade II Listed Building)

154. The Grade II listed office block on Kimpton Road was built around 1907 for Vauxhall Iron Works and the original structure sits on the eastern side its site. It has been extended on its western side in a very similar design manner, but this element of the building (which sits closest to the application site) is not covered by the listing. The building is predominantly brick-built and stands at 2-storeys in height. The character of the area surrounding the building is commercial in nature with a mix of similar scale brick-built offices and industrial sheds. There are no other heritage assets within the immediate context of the Listed Building or the application site although those office buildings immediately adjacent, and opposite are of an attractive character that contributes to its immediate setting. The location of the building within a largely commercial setting is such that it perhaps doesn’t have the same visible exposure as similar buildings located in built up central areas or parkland settings. Nevertheless the listed element of the building has been maintained to a good standard over time.

155. The application site has been cleared and by reason of this, its impact on the surrounding setting is one of detriment. The application site, together with the redevelopment of the wider area of Napier Park and the vacant Stirling Place site seeks to create a high quality environment that will contribute in creating a new destination, which will increase vibrancy and vitality in the area. The scale of the proposed development is at odds with the predominantly low-rise character of the surrounding area, but this is not considered to have an adverse impact on the overall setting of the listed building. The proposed buildings are set in adequately spacious surroundings and will be set back from the highway by 11 metres, the degree of which would ensure that the visibility of the new scheme would be partially screened by the two-to-three storey Office Building existing on the northern side of Kimpton Road. Nevertheless the quality of the built environment that has been put forward for consideration would present notable improvements to the surrounding environment, which in turn would have benefits to the physical setting of the listed building. Added to this would be the increased pedestrian and vehicular movements in the area associated with the proposed development, which would raise the profile and exposure of the listed building. The potential impact of the proposed development on this listed building has been assessed within the ES and the local planning authority is in agreement with the conclusions reached therein that the significance of the effect would be negligible.

Someries Castle (Scheduled Ancient Monument)

156. Someries Castle is a Scheduled Ancient Monument that lies approx. 1.4km to the east of the application site and is surrounded by farmland and associated buildings on all of its sides. The site dates back to the 13th Century and provided a fortified manor house which provided the home of William de Someries. A brick manor house was constructed around the 15th Century and this is thought to be one of the earliest brick buildings in England. The house was demolished in 1742 and the Monument only contains the ruins of the chapel and gatehouse, together with an associated formal garden, which survives as a rectangular earthwork enclosed by a ditch and bank.

157. The location of the Scheduled Ancient Monument sits on a raised ground level in comparison to the application site and, surprisingly, existing views from the Monument back towards Luton sees the built up environment almost ‘getting lost’ in the general landscape. The setting of the Monument is largely affected by the numerous low-rise agriculture buildings in its immediate proximity, and the presence of the runway at London Luton Airport that lies 0.42 km away to the north. The ES identifies that the proposed development would only be partially visible when viewed from the Monument and surrounding footpaths due to the existing vegetation and the general landforms and the local planning authority would agree with the conclusions that the significance on the effect of the historic asset would be negligible in this case.

Estate at Luton Hoo (Grade I Listed Building)

158. Luton Hoo lies approximately 2km to the south of the application site, and is Grade I Listed. The building lies in very mature surroundings and the boundaries of the associated estate sit approx. 0.5km away at its closest point. Being built up to its boundaries in this location, the general landscape changes sharply from the green and natural setting of the Hoo Estate into a built up urban environment with the New Airport Way (A1081) providing a physical boundary between. The site of Luton Hoo provides a 5* hotel, golf complex and spa and provides facilities including a restaurant, conferencing and weddings. As such it has a high level of exposure on a daily basis.

159. The established built environment in between the application site and the Luton Hoo estate are such that the development will have little impact on the open green character currently experienced. Further to this, the application site itself is suitably detached from the Luton Hoo building, firstly by virtue of the distance in between and secondly due to the immediate setting surrounding the building, which includes a significant number of well- established mature trees (forming areas known historically as the Lower Kidney Wood and Stockings Wood (both of which fall within the wider Luton Hoo estate)). The established character is such that views out of the estate from areas in the immediate proximity of the Grade I listed building would be unaffected by the proposed development. There are vantage points from within the wider gardens where the development would be likely to be visible, but again the distances involved are such that the impact on the quality of the character and setting of the overall estate would be minimal. The Local Planning Authority would therefore agree with the conclusions reached within the ES that the significance of the effect on this heritage asset would be minor adverse.

160. Members should note that, notwithstanding the assessment made by the Local Planning Authority in this instance, Central Bedfordshire Council has raised no objections or concerns in connection with the impact of the development on either of the protected historic assets at Someries Castle or the Luton Hoo estate, which fall within their jurisdiction.

Other Heritage Considerations

161. There are 3 Conservation Areas within 1.4km of the site (Plaiters Lea; Town Centre; and Luton South). Whilst the development may be visible from certain vantage points within each, it is not considered to have any relation to these areas of the town, nor would it have an adverse impact on their character or setting.

162. A war memorial currently resides at the front of the site on the northern side of Kimpton Road. The war memorial was erected by workers of Vauxhall to commemorate colleagues who lost their lives in both the first and the Second World Wars. Its prominence on the road frontage was previously understated, largely by reason of the existing tree planting and hedgerows that lined the boundary of the site. As part of the site preparation works, the trees and hedgerows have now been removed and the Memorial cuts an isolated figure. As part of the proposed development, the proposals seek to relocate the Memorial to a prominent position at the arrival to the main area of public open space to be created. The existing plaques will be located on a new “Memorial Wall” and will benefit from uplighters, to create an illuminated focal point at an important gateway into the development. The relocated Memorial is considered to be acceptable and will occupy a prominent focal point at a gateway into the development.

Design

163. The issue of design is raised in the NPPF in paras. 60 – 66 of the NPPF and are in Policies ENV9 of the Adopted Local Plan, and LP25 of the emerging Local Plan. As has been assessed in other sections of the report the general appearance and design of the development is considered to be high quality and in the spirit of para. 61 in particular, the layout and treatment of the public realm ensure that the development will go beyond just aesthetic quality. The path through the site together with the mix of uses and the environment envisaged will create a place in which people will want to live, work and socialize.

164. Residential Building RBA has been designed to promote good quality natural daylighting to the units and gardens throughout the day with the majority of flats having either a south, east or west orientation. The elevational treatment will adopt a predominantly horizontal language, which is appropriate to its general massing, whilst providing a suitable balance through the inclusion of subtle verticality.

165. The predominant materials to be utilised in the elevational treatment includes a brick slip frame around individual panel openings, which would be infilled with a mix of glazing and brass cassette cladding. During the pre- application discussions early proposals sought to finish the building wholly in the brass, replicating Walpole House in London. However due to the general mass of the building, this approach was considered to be inappropriate and overbearing and alternatives were explored. The outcome of those discussions is the brick and brass combination and examples have been provided within the application documents to indicate where this has been used previously and it is considered to be highly effective.

166. The top floor level of the north, west and east elevations will be articulated in full glazing, which provides an attractive feature and a break to the consistent rhythm of the building when viewed from the respective vantage points. The ground floor commercial spaces, which front out onto the public realm on the northern elevation of the building will similarly benefit from full height glazed curtain walling, which will relate well with the environment between buildings within the piazza. The base layer of the building on the Kimpton Road frontage would be largely permeable, with vertical anodized fins finished in a light gold, creating a semi-solid screen to the parking and service areas behind. The fins would achieve an effective appearance during daytime hours, whilst during the evening the light glow from the car park would penetrate through.

167. The residential towers at RT1 to RT3, are the tallest buildings within the development, where their heights exceed the widths. This provides natural vertical emphasis to the buildings, which would be carried through in the glazing and the materials which will make up the façade. Similarly to the RBA building the lower floor base will comprise two floors of continuous full height glazed curtain walling and the second floor level will comprise a continuous row of anodised metal fins to provide a partial screen to the car park level at that height. It is at this point where the three individual towers will emerge, whose elevations will comprise solely of terracotta clay-based panels with full height window openings serving the flats.

168. The terracotta panels would be chalk-coloured, which is a reference to the ground conditions in the local area, and would be concave on their façade to provide deviation in the surface texture and create interest in terms of light reflection and shadowing throughout the day. The window openings would be full-height but would vary in width across each elevation, which serves in breaking up the monotony that could otherwise occur. The top-two ‘penthouse’ levels of each tower would see the materials continue up to roof level on the flanking elevations (east and west), whilst the front and rear elevations (north and south) would incorporate full glazing, so that the ‘penthouse’ flats are viewed as a ‘glazed crown’ to the building. The breaking up of the building’s height into a number of different elements (a top, middle and bottom) is considered to be an effective architectural approach in this case.

169. The rear elevation (north) of RT1 to 3, will continue the architectural language, which is appropriate given that they will be visible from multiple areas of the town. The only difference occurring in this elevation will be at ground floor level, which provides the service areas for the commercial units and further levels of car parking. For consistency the anodised metal fins will be incorporated to screen the car parking levels at first and second floor whilst the ground floor elevation would be finished in precast concrete. This is considered to be an appropriate treatment in this location.

170. The Medical Wellbeing Centre is linked to the RT 1 to 3 buildings over the first of its three floors and as such the ground floor glazing theme and anodised metal fins will carry through over these levels to provide consistency. The accompanying design statement indicates that the upper parts of the building would be split into two separate elements namely a prominent front mass with a secondary recessed block. The purpose of the two elements is to reflect the hierarchy of the programmes within the centre. The more prominent front mass would reflect the principal purpose of the centre with the recessed element reflecting the sub-programs and vertical circulation cores serving the building. The materials of the building would include areas of full-height glazed curtain walling and precast concrete, but a large a significant portion of the buildings mass will be finished in light, semi-translucent, sand blasted glass panels, which during darker hours will provide a backlit glow. Examples of buildings which have incorporated this architectural feature have been provided and the effect is impressive. In addition the approach is also quite clinical in appearance, which is apt given the uses that would be included in this element of the development. The design approach of this building is considered to be acceptable.

171. The final building within the development is the hotel building, which continues the link through from the RT 1 to 3 and Medical Wellbeing Centre buildings, and again the ground floor full-height glazing is continued together with two floors which are partially screened by the anodised metal fins. The element of the hotel building, which links to the Medical Wellbeing Centre will house the conference and banqueting suite and the treatment of the front elevation overlooking the public realm would include a recessed level of precast concrete and a projecting level of full height glazed curtain wall, which provides an attractive backdrop to the public square. The rear elevation (northeast) of this element of the hotel building would project out at second and third floor level over the service road and drop off point serving the hotel. It would be finished in a similar palette of materials (precast concrete and full-height curtain walling) and would be supported by feature concrete beams.

172. The upper twelve floors of the hotel elevation addressing the public square (west) would adopt a uniform pattern, which incorporates a pre-cast concrete frame articulated to announce each room aperture. The aperture is then divided into two elements, half of which would be recessed and benefit from full-height glazing, and the other half being finished in an anodised metal panel (not dissimilar to the fins to be utilised around parking areas). The metal panels would be set at an angle in order to connect to the outermost concrete frame, and recessing back into the aperture to meet the recess of the window. Similar to techniques used elsewhere in the development, this would ensure the reflective properties of the materials would create interest with daylight and shadowing.

173. The architectural language of the hotel building would continue from its west elevation around to the south where the building would address Kimpton Road. The ground floor element and flanking wall serving the upper twelve floors would be finished in precast concrete panels. This is would be broken up by a fully glazed first floor level, which would serve the hotel’s restaurant and dining area. The next six floors above this would continue to identify the hotel apertures using the same combination of glazing and anodised metal panels. A recessed top floor would be provided at 8 storey level, which would provide the opportunity for slightly larger private suites, and the elevations looking out over Kimpton Road would be fully glazed.

174. The rear of the hotel building would again incorporate the same material palette as seen on the previous elevations, and the general design approach to this elevation is such that it would achieve the same level of attention and importance that has been provided to those more public facades.

175. As a general observation the buildings within the development will be modern in appearance with clean building lines, a clear architectural language and a consistent palette of materials. Whilst allowing each building element its own level of individuality, distinction and status, the incorporation of subtle common themes would ensure that there is a consistency and familiarity carried through (which is also notable in the public realm) and this assists in the buildings working collectively for the benefit of the quality of the development overall.

176. With regards to site security, Bedfordshire Police has expressed concerns over the general design and layout. This could largely be attributed to the creation of through-routes across the site and opportunities for criminal activity to arise. The applicants have provided a Security and Crime Prevention Strategy to address the concerns raised, which sets out how the development would reduce the risks associated with this (looking at access and movements within the site, the structure and landscaping, surveillance, ownership and management and maintenance). Whilst not entirely convinced with the applicant’s approach to this, the Police Architectural Liaison Officer has asked for further mitigation measures to be secured (by planning condition) should planning permission be granted. This would relate to ensuring ‘Secured by Design’ standards are secured for all buildings and ‘Park Mark’ standards for parking facilities, and the inclusion of a CCTV strategy, which involves both a private CCTV system and use of the Council’s system. Initial discussions are understood to have taken place with the relevant service area of the Council have identified that they would not be adverse to this in principle and further details on such a strategy could be explored as part any planning condition related to this issue.

177. The application documents indicate that a set of principles have been derived in the overall design of the buildings to reduce the energy consumption, carbon emissions and future running costs. Furthermore the potential exists for the buildings to incorporate photovoltaics and/or CHP technologies to meet the renewable energy requirements set out in policy U3 of the adopted Luton Local Plan.

178. Due to the inclusion of a cluster of taller buildings within the development, Microclimate has formed a Chapter within the ES. A ‘Pedestrian Level Wind Microclimate Assessment’ accompanies the ES and identifies that there would be areas at ground, podium and terrace and balcony levels that would experience windier than desired levels and would require appropriate mitigation in order to achieve a comfortable environment for sitting, standing and leisure walking. The majority of the ground level environment has been assessed as being comfortable but the corners of buildings RBA and RT-1 and the hotel building are anticipated to experience accelerated wind speed and as such, mitigation should be included in the form additional tree planting being incorporated at these points. Concerns at podium level relate specifically to the rooftop area serving the Health and Wellbeing Centre and mitigation in the form of high-level balustrading reinforced by soft landscaping is recommended. Similar mitigation is also proposed to be integrated into the design of the rooftop terraces. Subject to the inclusion of these mitigation measures, the development would not be adversely affected by the microclimate to be experienced within the site.

Landscaping and Public Realm

179. The landscaping within the development is as important as the appearance and design of the buildings themselves in creating the envisaged quality that the proposals are seeking to achieve. Within the public realm the landscaping scheme creates four key character areas that will create distinctive spaces incorporating new tree planting, imaginative seating structures and creative feature lighting. The four character areas are identified as The Park, The Square, The Avenue and The Promenade.

180. The Park is the new public square to be created adjacent to Kimpton Road at the south-eastern end of the site. The overall size of this space measures approx. 3,650 sq.metres in area and its features will include the previously mentioned welcome space (with the relocated War Memorial), a large circular grassed space, a circular timber stage deck and opportunities for natural play equipment. There are three pedestrian routes through the site, two of which are set at a shallow gradient of 1:21 which will naturally address the increase in levels from the level of Kimpton Road up to the main piazza level. The third access route is in the form of external steps located on the eastern side of The Park. The envisaged materials to be utilised within The Park area includes sandstone, white granite, resin bound gravel, timber and corten steel. The planting of the area will include lawns, a chalkland limestone meadow and a mix of native and ornamental tree planting. A feature within the space will be the inclusion of elm trees around the perimeter of the circular lawn, which is a reference to the historic nature of the site, which was occupied by Elm Tree Farm in 1876. This part of the public realm is important in welcoming pedestrians and visitors into the site.

181. Adjoining The Park on its northern side, the journey of the open space will move into an area identified as The Square. The space measures approx. 1,125 sq.metres in area and is to be wholly hardstanding, incorporating warm, buff sandstone flagged paving broken up by feature band paving, which provides an opportunity for etched text being included within, which could provide historic references to the town’s industrial heritage. A key feature in this part of the space is the inclusion of dancing water fountains and the openness of the space will allow for external seating, associated with the various commercial units. Proposed tree planting would also be included.

182. To the west of The Square, the public realm moves into the main piazza running through the site, identified as The Avenue. This space measures approx. 2,183 sq.metres in area and is approx. 118 metres in length overall, which would be addressed by the commercial units and overlooked by the residential roof top decks. The space is landscaped in a similar manner as The Square, adopting the sandstone paving for consistency throughout. This is adjoined by a bold central paving band creating a linear feature for the length of The Avenue. Feature lighting columns will be included along the route, as would clustered street trees and circular seating planters. At the mid-way point along the route large raised planters with integrated seating will be located outside of the pedestrian entrances serving both the RBA residential building and the residential towers at RT1 to 3. Opportunities will be available along the route to incorporate different elements of lighting and public artwork into the landscape.

183. The Promenade is the western-most part of the public realm, which is envisaged to spill out of the site into the public highway and across towards any residential development that comes forward on the adjacent Napier Park site. The Promenade would measure approx. 1,254 sq.metres in area. Again the hardstanding surface finish would be consistent with the rest of the public realm. Key features within The Promenade include circular royal white granite seating with integrated lighting and a small climbing wall. Some concern has been raised by the Council’s Parks team about the inclusion of a climbing wall, due to the surface finish in this location. However, the landscaping specification needs to be finalised and a suitable planning condition requiring final specifications would present an opportunity to review alternative surface treatments in this location.

184. The envisaged specifications, planting proposals, layout and design of the public realm is considered to result in a high quality setting for the development and reflects the overall ambitions, which are set out in all aspects of the development. Reference is made in the previous paragraph to the landscaping specification requiring finalisation. Whilst the landscaping details submitted are relatively comprehensive, there is some conflict in the planting species that have been chosen, and those which are appropriate to the site. The close proximity of London Luton Airport and the flight path of aircraft could result in the wrong type of landscaping increasing the potential for birdstrike to occur. Subsequently, the applicant has agreed to the imposition of a condition should permission be granted to allow for the planting scheme to be finalised so that it would comply with the Advice Note on ‘Potential Bird Hazards from Amenity Landscaping and Building Design’.

185. Aside from the public realm, further tree planting and grassed amenity spaces will be provided around the periphery of the site and this has been partially explained in the appraisal of the street scene. In addition to the treatment along the front of the site, there is a small area of land on the northern side of the site that adjoins the entrance to the proposed service road. This area of land will benefit from heavy levels of tree planting in order to create native woodland, which will act as a street level screen from the potential development land to the north. In addition to the woodland to be created, the site is to benefit from approximately 180 to 190 new trees being planted. The total area of open space provided within the public realm would be 8,212 sq.metres. The inclusion of the areas of the rooftop amenity decks into the calculations for the overall level of amenity space provision increases the overall of provision to an area of some 12,000 sq.metres or 1.2 hectares.

186. A desk-based Ecology study has accompanied the ES, which identifies that the proposed development is not anticipated to have a direct or indirect impact on the 8 County Wildlife Sites and 5 District Wildlife Sites which lie within a 2km distance of the application site. One of these sites is at the Cemetery on St Anne’s Hill, which lies 0.2km to the northwest. An Ecology Survey has also been carried out to identify the potential for habitats to exist within the site and owing to the cleared nature of the land the results have found minimal habitats and species. To prevent any unknown habitats being disturbed during the construction phase, it is advised that an Environmental Management Plan ise submitted, which will ensure that the environment is protected and appropriate controls are in place to achieve this.

Living Environment to be created

187. The flats located within the RBA building will be a mix of one and two bedroom units and will be of an appropriate size measuring between 46.5sq.m (for a typical one-bed unit) to 65.5sq.m (for a typical two-bed unit). Large window openings will serve a shared living/kitchen/dining area with the bedrooms and bathrooms leading off an entrance hall. All habitable rooms within the building will be afforded a window opening to allow suitable outlook and daylight penetration. No objection is raised to the layout of the flats within the RBA building.

188. There is some variation in the layouts of each floor and a good mix of one and two-bedroom units on each to provide opportunities for a varied community. The building is served by three separate circulation cores providing both stair and lift access to upper levels, which is accessible from the Lower Ground Level (both on the Kimpton Road externality of the building and from the shared car park) or from Ground Level whereby the building would benefit from an open Concierge Entrance Lobby leading off the main piazza to the north.

189. The ‘W’ shape of the upper floors of the building will allow for the creation of two decks in between the recessed elements of the building (at second floor level), which will provide future residents with up to 1,182sq.m of external amenity space. The width in between the recesses (and the face-to-face arrangement of flats) would be approximately 18.6m, which is a suitable distance between affected flats. The areas would be accessible to all occupiers and would be well overlooked by the flats and would be suitably landscaped to encourage usage and ownership by residents. Two further decks will be created at roof level (atop the 8th Floor) to provide a further 618sq.m. The total amenity space provision exclusive to the future occupiers of the RBA building would be 1,800sq.m.

190. The flats located within the Residential Towers (RT1-3) will similarly be a mix of one and two bedroom units of an appropriate size measuring between 46.5sq.m (for a typical one-bed unit) to 70.2sq.m (for a typical two- bed unit). The upper two floors of each of the three towers (levels 14 and 15 to RT1 and RT2 and levels 19 and 20 to RT3) will provide a suite of two- bedroom penthouse apartments offering an increased living space of 96 to 121sq.m. Large window openings will serve a shared living/kitchen/dining area with the bedrooms and bathrooms leading off an entrance hall. All habitable rooms within the building will be afforded a window opening to allow suitable outlook and daylight penetration. The penthouse apartments will offer an increased scale version of the typical units found on the lower floors, although the two bedrooms in each flat would benefit from an en- suite. These units would also benefit from floor-to-ceiling glazing, and generally would add to the variation and choice of living environments within the development. No objection is raised to the layout of the flats within the Residential Towers.

191. Similar to the RBA building there is some variation in the layouts of each floor and a good mix of one and two-bedroom units on each to provide opportunities for a varied community. Each of the towers would have its own circulation core providing both stair and lift access to upper levels. Access into the building is achieved through an open Concierge Entrance Lobby leading off the main piazza to the south, with secondary accesses being provided off the circulation road to the north.

192. The building on which the towers are located is largely a single entity over three storeys (the floors of which would be occupied by retail units and car parking levels), with the towers emerging at third floor level. The towers will be separated from each other by a distance of 18.6m, which is a suitable distance between affected flats. The open areas created in between the three towers would allow for the creation of two rooftop amenity decks, and a third deck would be created on the south-eastern side of RT3, in between that tower and the Medical Wellbeing Centre. In total these decks would provide approx. 2,027sq.m of external amenity space for future residents. A link will be created through each building into each of the spaces to ensure that all areas would be accessible to all future occupiers of the flats. The decks themselves would be well overlooked by the flats and would be suitably landscaped to encourage usage and ownership by residents.

193. There is a restrictive covenant line existing across the site, which prevents the development of residential accommodation on the eastern side of the line (imposed by General Motors when the site was sold). The purpose of the covenant seeks to protect the existing commercial uses at I.B.C from potential future noise complaints generated by the new homes created on the site. The line of the covenant as shown within this application is inconsistent with the line set out in Outline approval, which was used to form the Masterplan for the proposed development of Napier Park at that time. Nevertheless whilst the covenant itself is not a material planning issue, the potential conflict between existing commercial uses and the proposed sensitive uses (in this case residential) does require careful consideration.

194. Noise impact would not just be experienced from the neighbouring commercial uses, but also by reason of vehicular traffic and the close proximity of the application site to the airport and the railway line. The impacts of all factors have been considered within the relevant chapter of the ES and in general the predicted noise levels will achieve satisfactory levels in future residential units and hotel rooms provided that mitigation measures are implemented in the form of acoustic glazing and acoustically treated ventilation systems. The Council’s Environmental Protection team has assessed the conclusions of the ES and are generally satisfied with the summary and conclusions contained therein. Suitable planning conditions related to noise are recommended on any permission that is granted to ensure compliance with the summary and conclusions of the ES.

195. Air quality is an issue that would affect the quality of living environment to be achieved in this location and if not assessed correctly, the size of the development could result in an adverse impact on the existing air quality experienced in the surrounding area. A chapter on air quality is contained in the ES and has been assessed by the Council’s Environmental Protection team. Whilst broadly in agreement with the summary and conclusions set out in that chapter, suitable comfort is sought with regards to the potential for dust emissions which could be generated during the construction phase of the development, which are identified in the ES as having a major effect in the short term, particularly during earthworks movements. For a development of this type it would be standard to impose a condition requesting the submission of a construction management plan, which would require the issue of dust (amongst other things) to be addressed. In their response, Environmental Protection has requested a number of planning conditions to mitigate the potential for the development to adversely affect local air quality, which relate to the installation of electric vehicle charging points; appropriate cycle storage; provision of a car club facility; provision of travel planning and the appropriate location of bus stops. Many of these issues overlap with the technical comments received from the Highways Development Manager and are addressed further in that section of the report. The application site is assessed as being well within the standards and objectives for good air quality and the ES identifies that the proposed development is expected to have a negligible impact on residential receptors within the local area, with no significant effects anticipated. This is a conclusion that the Environmental Protection team is satisfied with.

196. Taller buildings and high-rise developments can have negative connotations and this is predominantly linked to historic trends, which in hindsight were largely unsuccessful. Across Luton there are examples of high-rise residential buildings at Park Town, Marsh Farm and Hockwell Ring, and whilst those buildings are valuable in continuing to meet housing needs, the trepidation of potentially replicating a similar environment is understandable. In many cases, and what is evident in the examples cited, such towers were clustered together and located in token areas of green space, without any real consideration being given to the overall environment and sense of place being created. In this regard the quality of the external environment to be created in the proposed development will contribute to the success of the development and the overall quality of living environment that will be experienced by future residents. Amenities in the form of shops, a hairdresser, a pharmacy, a gym, cafes, restaurants and bars will be created at ground floor piazza level to serve the future residents of this development, and the future residential development on the adjacent part of Napier Park The inclusion of these amenities in the immediate vicinity of the residential accommodation would result in the creation of a new and exciting piece of townscape or ‘destination’. The external environment is well-thought out and will provide opportunity for social interaction between future residents in a number of different ways. It will also provide scope for good integration with the future development potential on the remainder of the Napier Park site and at Stirling Place.

197. The type of accommodation proposed together with the neighbourhood amenities to be included would be unique within the town and when considering the proximity and ease of access to rail and air, the development is considered to provide a quality living environment overall that is attractive to a mix of occupiers, including first-time buyers, key- workers, professionals and commuters. When considering the development as a whole, the potential preconception that high-rise residential accommodation is not appropriate or will not achieve a suitable living environment is not accepted in this instance. The proposals put forward are considered to provide far more in terms of sustainable planning than perhaps seemed to be the case (in many cases) historically and the opportunities for interaction both within the buildings themselves and within the range of amenities in the immediate proximity, suggest that a good living environment is achievable in this instance.

Impact on Adjoining Occupiers

198. As set out at para. 98, nineteen representations have been received with sixteen of these representations raising objections to the proposed development. The majority of the representations, which outline concerns to the proposed development, have come from households within Ketton Close and Devon Road. To assist in understanding the potential impact of the development on the nearby residential area, the application is accompanied by a ‘Relationships Study’. This study identifies that the proximity of the closest building within the development (RT1) to the boundaries of Nos. 37 to 49 Ketton Close away to the northwest is approx. 268 metres with the existing residential area being located on a land gradient that is approx. 36 to 40 metres above the level of the application site. The separation distance between the two areas in itself is not insignificant, and the location of the existing housing on a higher plane serves as some natural mitigation to the impacts of the development. Nevertheless it is accepted that the scale of development could potentially impact on the living environment of the neighbouring dwellings to some degree.

199. Concerns have been raised that the development would be visually intrusive and would affect the outlook from existing properties resulting in a loss of views. With regards to visual intrusion, there is no doubt that the development would be clearly visible from first floor level of these properties (which in all probability would accommodate bedrooms and bathrooms). However views from ground floor living spaces and garden areas would be restricted by virtue of the lower land levels of the application site and the various garden paraphernalia that currently exists in the form of boundary fences, trees and shrubs and outbuildings. It is possible that some of the taller elements of the development would be partially visible at ground floor level but the impact that is anticipated to occur is not considered to be intrusive or detrimental to the living environment to a degree that is considered unacceptable and would warrant a refusal of the application. Whilst loss of a view is not a planning consideration, the proposed development would not affect the existing views enjoyed by residents in this location to an adverse degree for the reasons already stated in connection to visual intrusion.

200. Many of the representations received also cite overlooking and loss of privacy as a major concern of the development. The relationship of the existing residential areas of Ketton Close and Devon Road to the application site is offset to a significant degree that would ensure that views in between are not of a direct nature. In assessing the proposed plans it is likely that only the penthouse level apartments on the western side of the RT1 tower and the three uppermost floors on the western side of the RT3 tower (which are set at a distance of approx. 348 metres away) would have views across to properties in the neighbouring residential area, which amounts to approx. 11 flats. Having regard to the distances involved in this instance together with the small number of flats that could actually have an impact in this regard, it is considered that overlooking and loss of privacy will not occur to a detrimental degree. It is more likely that the impact of overlooking from existing neighbours would have more of a detrimental impact in this instance.

201. Overshadowing has also been identified as a concern by the neighbouring residents. A shadow analysis has been carried out as part of the ES, which suggests that any shadow resulting from the proposed development would not come into the proximity of the existing housing areas neighbouring the Napier Park site. Furthermore, due to the orientation of the sun path (rising east-to-west) the only opportunity for loss of light to occur would be in the very earliest hours of the day. The impact caused by loss of light on existing properties is considered to be negligible.

202. Increased noise and general disturbance has also formed the basis of objection from the representations received. The area itself tends to experience a higher level of noise than other parts of the town and this can be predominantly attributed to the presence of London Luton Airport and the railway line. Noise generation from within the application site is not likely to occur to a level that would be over and above the existing background noise levels created by the aforementioned transport links and as such the development is not anticipated to have a detrimental impact on the amenities of neighbouring properties in this regard.

203. The foregoing paragraphs have sought to address the concerns raised by adjoining residents in isolation of any other considerations. However it is considered that some weight should be afforded to the previous buildings that resided on the site and the previous uses and processes undertaken therein. Both the buildings themselves and the uses undertaken would have been far more intrusive and detrimental to the neighbouring residential amenity than would be experienced from the proposed development.

204. Some weight should also be afforded to the extant outline planning permission on the entire Napier Park site, which allows for residential redevelopment to occur on the land immediately adjacent to the rear boundaries of properties in Ketton Close and Devon Road. Pursuant to the grant of this permission, an application for the approval of reserved matters for the erection of up to 520 new homes on this land has been submitted by national housebuilder Redrow Homes Ltd and is under current consideration (ref: 16/01340/REM refers). Redrow have indicated their intention to be on site in 2017 should permission be forthcoming.

205. The relevance of the Redrow scheme carrying some weight in the consideration of this current application is twofold. Firstly, the principle of this land parcel providing a significant number of dwellings was established at the time the outline planning permission was granted and this is a principle of relevance in assessing the concerns of the residents of Ketton Close and Devon Road. Secondly and by implication, this means that the proposed dwellings on the Redrow site, will be sited closer to the neighbouring boundaries of the existing properties. To a great extent therefore, the concerns which have been cited from the representations received in relation to the Napier Gateway application would be mitigated by the new housing proposed by the Redrow application should planning permission be granted for that development.

206. Notwithstanding the potential impact on the neighbouring residential uses, there are a number of commercial uses also falling within close proximity to the application site. These include the retained vehicle workshops at I.B.C and the office buildings to the immediate east, the Hampton by Hilton Hotel on the opposite side of Kimpton Road to the south and a small parade of shops away to the west. As referred to previously in the commentary, there is an existing covenant line running across the site preventing the creation of residential accommodation beyond that line. As essential as it is to ensure that the proposed residential accommodation achieves a high quality internal living environment, it is equally essential that the operations of the existing businesses are protected from potential complaints. Suitable mitigation will therefore need to be included to protect both the existing businesses and future residents of the proposed development and this would be tied in to the glazing and ventilation systems to be installed in the residential accommodation.

Drainage and Flooding

207. A Flood Risk Assessment has been submitted within the ES, which was inclusive of a Surface Water Drainage Strategy, which concludes that the proposed development is not at significant risk of flooding, provided that some recommended flood mitigation measures are implemented.

208. The preferred method of surface water discharge would be by means of storage diffuse infiltration through permeable paving and soakaways located throughout the site. This is agreeable in principle but further work would be required post-decision (to be secured by way of planning condition should permission be granted) to confirm infiltration rates for the site. These rates, together the sensitivity of underlying aquifers may mean that the infiltration measures proposed may not be a viable method to integrate within the proposed development. A fall-back position has therefore been considered which would result in discharge of surface water into the surface water public sewer existing along Kimpton Road. Proposed foul drainage will discharge into the existing foul sewer running along Kimpton Road. Thames Water has confirmed that with regards to sewerage infrastructure capacity, there are no objections to the proposed development.

209. Discussions have taken place with the Local Lead Flood Authority about how Sustainable Urban Drainage (SuDS) will be incorporated into the proposed development. Together with the aforementioned permeable paving and soakaway solutions to be installed (where viable), additional source control features in the form of grassed areas and tree pits are also proposed. Additional methods of sustainable drainage could also potentially be included in the final detailed design in the form of green roofs, but the submitted information indicates that these have not been included in the drainage calculations carried out to date.

210. The Flood Risk Assessment and the Drainage Strategy submitted as part of the application has been considered by Thames Water, the Environment Agency and the Local Lead Flood Authority. The ES concludes that, subject to appropriate mitigation being put in place, the majority of effects on the water environment are likely to be negligible or minor beneficial. Following the submission of further information, there are no technical objections to the proposal on flooding and drainage grounds from the three aforementioned groups, but this is subject to a number of conditions being imposed on any permission granted to secure further details on final drainage proposals and the submission of a piling method statement.

Parking and Highway Implications

211. The primary access into the site will be via a new spine road leading off Kimpton Road via a new proposed traffic signal junction. A priority junction leading off the spine would serve the main vehicular access to the car park and service areas to the buildings at the rear of the site. The rear service road will also link around to an existing junction off Kimpton Road, which adjoins the eastern boundary of the site. The Local Highway Authority has confirmed acceptance of these access arrangements for this element of the site. A secondary access is also proposed and this access will lead directly off Kimpton Road providing a link to the car park and servicing areas for the southern residential building (RBA) and following discussions and clarification with the applicant, the Local Highways Authority is satisfied that the arrangements for this access are acceptable.

212. The Local Highway Authority has assessed the Transport Assessment submitted as part of the ES and is satisfied in general with the approach that has been taken, advising that it is consistent with that taken in the assessment of the transport issues relating to the extant outline permission for Napier Park In analysing the anticipated trip rates to be generated by the development and comparing these with trips generated by the equivalent part of the outline permission, some differences have been identified. However these differences are not considered to have a detrimental impact on the local highway network nor are they sufficient to warrant changes in the access arrangements to the site (the ‘Spine Road’) that were agreed as part of the outline permission, the associated highway works of which are now being progressed via an approved S278 Agreement.

213. With regards to the implications of the development on the wider strategic highway network, Highways England has requested that any decision on the application is delayed until a point in time when they are satisfied that the impact of the proposed development on the slip roads of Junction 10 of the M1 would not be adversely affected. The concerns that have been raised have emerged following the submission of a number of large, strategic applications in the town at the same time. Therefore Highways England would like to be satisfied that existing Junction capacity can cope with the potential cumulative impacts.

214. The site is in a highly sustainable location, being accessible by car, bus, rail and bicycle as well as being a suitable walking distance to the town centre, which is less than 1.5km away. Furthermore, a range of local amenities will be provided as part of the mix of uses included in the development. Parking on site will be provided for 451 cars with 81 spaces being provided over 3 floors within the RBA building and the remaining 370 spaces being located over 4 floors of the linked building to the north of the site which serves the remainder of the development. The level of parking being proposed represents approx. 1/3rd of the level of parking that would be required if the maximum standards were to be applied (approx. 1,350). The Local Highway Authority has recognised that the site is in an accessible location and advises that the parking provision that has been provided for within the development is consistent with the desire to promote sustainable trips and appropriate to serve the mixed-use development in principle. However there is still a need for the reduced parking numbers to be justified with reference to the likely car ownership associated with the residential units and there is no indication as to how the proposed spaces would be allocated to the various uses. In discussion with the applicant’s consultants, the Local Highway Authority is anticipating a review of the predicted car ownership assumptions for residents and the submission of a framework car park management plan, which will establish the scope for any future detailed management plan that would be requested by way of a planning condition should permission be granted.

215. In addition to the predicted car ownership within the development, a lower level of on-site parking would necessitate other mitigation measures being put in place to prevent an unacceptable overspill of parking onto nearby highways. Key to this is the completion and implementation of both residential and commercial travel plans. Framework plans have been provided for each which set out the scope for the detail to be contained within the plans The Local Highway Authority is agreeable to these in principle. To ensure that the plans would be successful in the longer term, they would require appropriate monitoring, which would need to be agreed with the Local Highway Authority.

216. Anticipated mitigation measures set out in the Non-Residential Framework Travel Plan include the development and promotion of a car sharing scheme and the development of travel packs that include key information related to public transport access options for bus and rail, the promotion of walking and cycling routes and appropriate cycle parking. The Residential Framework Travel Plan is very similar, including both the car sharing scheme and the development of appropriate travel packs. A key difference in the case of the Residential Travel Pack is a requirement by the Local Highway Authority to include the provision of a car club scheme, which would be for the exclusive use of the residential apartments included within the development. The incorporation of this within the development proposals has been discussed with the applicant, who is in agreement in principle for this inclusion. It is envisaged that this would be secured in a signed S106 Agreement tied to any permission that is granted.

217. Secure cycle stores will be provided within both the RBA residential building and the RT1-3 residential building and provision would be made for both the residential flats and the various commercial uses. In terms of numbers, the residential provision would be 194 spaces, which is 57 above the Council’s minimum standards, and the commercial provision would be 80 spaces, which is 10 above the Council’s minimum standards. In addition to the secure integrated stores, there will be up to 40 Sheffield cycle stands provided at various locations within the public realm. Cycle parking provision on site is adequately provided for.

218. One of the wider objectives of the approved outline permission for development of Napier Park was to improve pedestrian access through the site down to Parkway Station to the south. In keeping with the spirit of this objective, the public realm has been designed to encourage pedestrians to traverse the site as opposed to walking around its perimeter. This is achieved through the creation of a small landscaped square off the access spine road on the western side in the form of “The Promenade”, the attractiveness and inviting openness of the public square off Kimpton Road to the east, and the quality of the public realm piazza which links the two spaces.

219. As a mixed-use development, it is likely that the various uses would generate a high level of waste on a weekly basis. Designated areas are provided in appropriate locations at ground floor level within each building for the storage of both waste and recycling bins and these are separated between the residential uses and the commercial uses (which will be shared). Refuse vehicles will be able to access the RBA Building at the front of the site by utilising the secondary access point to be installed directly off Kimpton Road. Waste from all other buildings/uses will be accessible from the service road running to the rear of the site. It is proposed that a Building Operations Management Team will be installed in the development, and it is they who will be responsible for ensuring that the bins are conveniently located on the relevant collection days. The application envisages that the waste from the residential elements of the development would be collected by the Council, whilst waste from the commercial sectors will be by private contract. Whilst the basic fundamentals of waste management are set out in the application submission (location of bin storage areas/intentions for collection etc.) the Council’s Strategic Waste Manager has identified that there is an opportunity to adopt a strategic method of waste and recycling from the site. In this regard it is considered appropriate to impose a condition on any permission that is granted, requiring the applicant to provide further details of a site waste and recycling strategy. In addition to any forthcoming details in connection with this, the applicant has offered to provide a financial contribution to the Council to assist in the management of waste and recycling generated at the site and this would be secured by an appropriate S106 Agreement (discussed further in the following sub- heading on ‘Planning Obligations…’).

Planning Obligations and Affordable Housing

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

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

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

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

“Pursuing sustainable development requires careful attention to viability and costs in plan- making and decision-taking. Plans should be deliverable. Therefore, the sites and the scale of development identified in the plan should not be subject to such a scale of obligations and policy burdens that their ability to be developed viably is threatened. To ensure viability, the costs of any requirements likely to be applied to development, such as requirements for affordable housing, standards, infrastructure contributions or other requirements should, when taking into account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable.”

223. In the context of local planning policy, Policy IMP1 of the Luton Local Plan states that, in appropriate circumstances, the Council will seek to enter into agreements to secure: [A] the provision, or the financial cost, of facilities made necessary by the implementation of the development and; [B] an appropriate level of provision, or contribution, towards facilities for which there is either: (i) a recognised need in the Borough or; (ii) a recognised deficit in the locality. Policy LP39 of the Emerging Local Plan maintains this objective, indicating that development will be supported where it would provide or adequately contribute towards the infrastructure and services needed to support it. Both the existing and emerging policies are consistent with the general thrust of the guidance contained within the NPPF. The Council has also adopted a Supplementary Planning Document (SPD) on Planning Obligations and this refers, amongst other things, to the need for contributions towards infrastructure improvements within the Borough.

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

225. The need for residential accommodation throughout the borough is significant and is well documented in the latest evidence contained in the Luton & Central Bedfordshire Strategic Housing Market Assessment Refresh 2014 (SHMA) and is set out in the pre-submission emerging Local Plan. This identifies that there will be a projected shortfall of some 11,100 homes being developed within the borough over the emerging plan period and identifies that there is an acute need for affordable housing existing.

226. The local policy context against which the affordable housing provision should be assessed is set out in Policy H5 of the Luton Local Plan, which states that, amongst other things, the Council will seek to ensure (as an indicative target) that up to 50% of the proposed new units in all developments of 15 units or more are for affordable housing. It further states that the Council seeks to ensure that the size and type of affordable dwellings reflect the identified housing need requirements of the area and will be well integrated into the overall scheme. Notwithstanding the existing adopted policy position however, the latest evidence on this matter identifies that a figure of around 20% is considered to be a realistic target, and this is reflected in the requirements of Policy LP16 of the emerging Local Plan. There is no dispute that there is a need for housing of all tenures within the Borough.

227. The Council’s Housing Policy Officer has responded, indicating that a figure of 20% affordable housing should ideally be agreed on the site to meet the existing needs within the town, and units should meet HCA standards with regards to size and quality. Information has been provided, which indicates the greatest need for accommodation lies within the provision of 2-bedroom (33%) and 3-bedroom (49%) accommodation.

Scheme Viability

228. Financial aspects within the building industry continue to be challenging with many developments struggling to realise the industry accepted profit margins. , As a consequence of this, they are deemed to be unviable. This has resulted in applicants having to negotiate reduced levels of affordable housing and/or financial contributions to infrastructure improvements in order to ensure that the developments proposed can have a realistic prospect of coming forward.

229. A viability appraisal has been undertaken by the Applicant setting out the various building costs associated with the proposed development. The results of the appraisal illustrate that the proposed scheme is technically unviable in the present financial climate even in the absence of any affordable housing provision or financial contributions being built in to the appraisal model. The Council has commissioned an independent review of the Applicant’s appraisal that, whilst identifying some discrepancies in the costs modelling approach adopted by the applicant, still agrees with the conclusions reached, which is that the scheme is technically unviable.

230. Notwithstanding the conclusions set out in the appraisal, the applicant acknowledges that there will be a requirement for planning obligations, in accordance with section 122 of the Community Infrastructure Levy regulations 2010 (as amended) and the need to mitigate against the impact of development on key local infrastructure. The Applicant has also acknowledged the strategic housing needs existing within the town. In the spirit of achieving a sustainable development that can be brought forward in the short to medium term, and to mitigate the impact of the proposed development on local infrastructure, the applicant has made an offer to provide the full contributions required by LBC Children and Learning (to create additional school places) and LBC Street Services (to provide improvements to waste management services), which would amount to just over £1.5M. Furthermore an offer has been made which would see 10% of the units (63 no.) on-site being available for shared-ownership purposes.

231. In light of the initial consultation response received from the Council’s Housing Policy Officer, it is clear that the offer made by the applicant does not meet the Housing Service’s requests set out in the response for achieving affordable housing on the site. It has been necessary to re- consult the Housing Policy Officer, who has further commented that although shared-ownership tenure would satisfy the criteria for housing provided through subsidy, it is unlikely to address the main need for housing existing in the borough and as such would still like to see a balance of housing that weighs predominantly in favour of affordable rented accommodation. Further negotiation attempts have been made with the applicant based on the response that has been received, but the applicant has indicated that, due to the viability of the scheme, there is no room for movement in the offer put forward, which would already put the scheme in deficit position. The offer of 10% of the units for shared-ownership purposes is therefore the applicant’s final position.

232. The NPPF urges local planning authorities to deliver a wide choice of quality homes widen opportunities for home ownership and create sustainable, inclusive and mixed communities and the provision of affordable homes is naturally part of that objective. However, the undisputed evidence on viability has dictated the offer that has been provided in terms of both the quantum (10%) and type (shared-ownership) that is to be provided. The application presents a situation whereby a balance has to be struck between refusing to accept a level and type of affordable housing which falls below the 20% margin identified in the emerging Local Plan and latest evidence, and the guidance contained within the NPPF advising that high-levels of affordable housing should not burden the potential for development to come forward. The latter point is reinforced by National Planning Practice Guidance which indicates that where an applicant is able to demonstrate that a planning obligation would cause a development to be unviable, the local planning authority should be flexible in seeking obligations. It continues by emphasising this approach is particularly relevant for affordable housing contributions. In this instance the applicant has provided sufficient evidence, undisputed by independent assessment, to demonstrate that viability does not allow for the required contribution towards affordable housing. . Any shortfall in the offer that has been made will need to be assessed in the context of the approach set out in local and national planning policies and guidance but also in the context of the extent to which this shortfall is outweighed by the regeneration benefits associated with the delivery of this strategically important site and the boost to housing delivery for the town in overall terms. , In those circumstances it is considered that the offer put forward by the applicant is appropriate in this instance in planning terms.

CONCLUSIONS

233. Whilst it has been recognised in the report that certain aspects of the development would represent a departure from the original aspirations for redevelopment of this site as set out in Policy KR1, there has been a notable shift in the character of the area and in the needs of the borough since those policies were adopted, which has been reflected in subsequent planning permissions that have been granted on the wider Napier Park site. Weight has therefore been given to this evolution of time, together with the consideration of the quantum and type of development to which the land already benefits by virtue of the extant outline permission. The range of uses that have been put forward for consideration in the application have been assessed and the conclusions reached suggest that there is real potential in this instance to create a vibrant and successful new community that will support as opposed to compete with existing identified centres across the town, whilst at the same time creating much-needed positive regeneration of a long-time vacant and underused brownfield site.

234. The NPPF advises that planning decisions should aim to ensure that developments will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development and should establish a strong sense of place, using streetscapes and buildings to create attractive and comfortable places to live, work and visit. Decision should also ensure that developments optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses (including incorporation of green and other public space as part of developments) and support local facilities and transport networks and respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation. Finally decisions should create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion and are visually attractive as a result of good architecture and appropriate landscaping.

235. For the reasons set out in the foregoing report, the development is considered to achieve these objectives and on that basis Members are recommended to approve the application.

LIST OF BACKGROUND PAPERS LOCAL GOVERNMENT ACT 1972, SECTION 100D

236. Luton Local Plan 2001–2011

237. Luton Local Plan 2011-2031

238. National Planning Policy Framework

239. National Planning Policy Guidance

240. Supplementary Planning Guidance: Designing for Sustainability – A Guide for Good Practice.

241. Supplementary Planning Guidance: Planning Obligations September 2007.

242. Strategic Housing Market Appraisal Refresh 2015

243. Strategic Housing Land Availability Assessment

244. Affordable Housing Viability Study by Three Dragons (April 2013)

245. Planning Ref: 13/00280/OUT

246. Planning Ref: 16/01340/REM

DETERMINATION OF PLANNING APPLICATIONS

247. The Council is required in all cases where the Development Plan is relevant, to determine planning applications in accordance with policies in the Development Plan unless material considerations indicate otherwise.

HUMAN RIGHTS ACT 1998

248. The determination of the applications which are the subject of these reports is considered to involve the following human rights:-

1. Article 8: Right to respect for private and family life; and 2. Article 1 of the First Protocol: Protection of Property

249. The evaluation section of each report considers in detail the competing rights and interests involved in the application. Having had regard to those matters in the light of the Convention rights referred to above, it is considered that the recommendations in the reports are in accordance with the law, proportionate and balances the needs of the Applicant with the protection of the rights and freedoms of others in the public interest.

SECTION 17 CRIME AND DISORDER ACT 1998

250. In reaching the recommendations set out in each report, due regard has been given to the duty imposed upon the Council under Section 17 of the Crime and Disorder Act 1998 to do all it reasonably can to prevent crime and disorder in its area.

EQUALITY ACT 2010

251. In dealing with planning applications on this agenda and in reaching the recommendations set out in each report, proper consideration has been given to the duty imposed on the Council under the Equality Act 2010 to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by that Act; to advance equality of opportunity and to foster good relations between persons who share a relevant protected characteristic and persons who do not share it. The protected characteristics under the Act are a person’s age, sex, gender assignment, sexual orientation, disability, marriage or civil partnership, pregnancy or maternity, race, religion or belief.