Lee Valley Ice Centre, Lee Bridge Road, London E10 7QL

Planning Statement Lee Valley Ice Centre, Lee Bridge Road, London, E10 7QL

Planning Statement February 2020

WSP | Indigo

Aldermary House 10-15 Queen Street London EC4N 1TX

T 020 3848 2500 E [email protected] W indigoplanning.com

Lee Valley Ice Centre, Lee Bridge Road, London, E10 7QL

Planning Statement

Contents Page

1. Introduction 1 The Application 1 The Purpose and Scope of this Statement 2 Other Application Documents 2

2. The Context for the Proposals 4 Lee Valley Regional Park and the Park Authority 4 The Lee Valley Ice Centre 6

3. The Site and Proposals 8 Environmental Impact Assessment (EIA) 10 What we are proposing 10 Development Phasing 13

4. Pre-Application Consultation 14 Public Consultation 14 Pre-Application Advice 14 How engagement has improved the Scheme 15

5. Overview of the Planning Policy Context 16 National Planning Policy Framework (2019) 16 Statutory Development Plan 17 Other guidance documents 20 Emerging planning policy documents 21 Summary 22

6. The Park Development Framework 24 Vision, Strategic Aims and Principles (2010) 24 Strategic Policies (2019) 25 Area Proposals (2011) 26

7. Development on Metropolitan Open Land 27 Inappropriate Development 27 Very Special Circumstances 28

8. The Harrow School Decision 29 Background 29 Impact On Openness 29 Consideration of VSC 30 Conclusions on VSC 32 Summary 32

9. The Role of the Park Authority 33 Summary 33

10. The Need to Replace the Ice Centre 34 Operational Capacity 34 Repairs and Future Investment 35 Options for replacing the Ice Centre 36 Replacing the Ice Centre with a Twin Pad 37 Summary 43 Lee Valley Ice Centre, Lee Bridge Road, London, E10 7QL

Planning Statement

11. Delivering Community Benefits 44 Community Value 44 Enhancing Social Interaction and Skills 45 Reaching Target Participation Groups 46 Making Sport More Accessible 47 Culture and Sports 47 Park Authority Community Programmes 49 Community Use Agreement 50 Socio Economic Benefits 50 Summary 51

12. Delivering Health Benefits 53 Physical activity improves health 53 Physical Activity and Sport Strategy for Waltham Forest 2017-2021 54 Health and Wellbeing Benefits 55 Summary 55

13. Improving the Quality of MOL 56 Improving the Visual Appearance 56 Landscaping Improvements 58 Improving Biodiversity 59 Birds, Bats, Reptiles and Amphibians 61 Water Management and Biodiversity 61 Summary 62

14. Other Key Planning Considerations 63 Transport and Accessibility 63 Sustainability and Renewable Energy 65 Flooding 67 Drainage 67 Noise Impacts 68 Air Quality 68 External Lighting 69 Archaeology 69 Security 70 Ground Conditions 70 Demolition and Construction 70 Summary 70

15. Summary of Very Special Circumstances 72 Impact on the Openness of the MOL 73 Other Harm 73 Do the VSC Clearly Outweigh the Harm 74

16. Summary and Conclusions 75 The Existing Ice Centre 75 The Proposals 76 Key Policy Designations 76 The Acceptability of the Proposals 76 Very Special Circumstances (VSC) 77 Conclusion on VSC and Harm 78 Overall Conclusions and the Planning Balance 78

Lee Valley Ice Centre, Lee Bridge Road, London, E10 7QL

Planning Statement

Appendices (Bound separately)

Appendix 1 Selecting the Most Appropriate Site Report

Appendix 2 Decision notice (LPA ref. 822222/458)

Appendix 3 EIA Screening Opinion, dated 13 September 2019

Appendix 4 Harrow School Appeal Decision Ref. APP/M5450/W/18/3208434

Appendix 5 Current weekly programme

Appendix 6 Executive Meeting Agenda 25 April 2019

Appendix 7 Map of ice provision in England and Wales

Appendix 8 Indicative LVIC twin pad timetable

Appendix 9 Letter of support from Real Initiative Letter of support from the Waltham Forest Islamic Association Letter of support from Sport England Letter of support from British Ice Skating (National Ice Skating Association UK) Letter of support from UK Sport Letter of support from the Lee Valley Junior Ice Hockey Club Letter of support from London Sport

Appendix 10 Letter of support from Jessica Cooper Letter of support from Marika Humphreys-Baranova OLY & Vitaliy Baranov OLY

Appendix 11 Lee Valley Regional Park Authority Case Studies

Page 1

1. Introduction

This Planning Statement has been prepared by WSP | Indigo on behalf of the Lee Valley Regional Park Authority (“the Park Authority”) in support of a full planning application for the proposed redevelopment of the Lee Valley Ice Centre (“LVIC”) to provide a state-of-the-art, twin-Olympic pad ice sports facility.

The Park Authority owns a number of world-class sporting and recreation facilities. As part of its remit, the Authority is creating a zone of sporting excellence throughout the Park. The proposed redevelopment seeks to provide an ice venue of an exceptional design quality which is able to meet existing and future demand for ice sports.

The key purpose of the proposed redevelopment is to deliver an Olympic quality twin-pad ice facility that will serve as a specialist, regional ice facility for London and the South East.

The proposals for the ice centre have been developed with expert input from ice specialists, IPW…and internationally renowned architects, FaulknerBrown, to ensure that the facility will be exemplar in design and offer, ensuring that it is suitable for elite and community users. The multi-purpose facility will serve as an anchor sporting facility at this gateway location into the Lee Valley Regional Park (“the Regional Park”).

The Application

This application seeks the:

“Phased demolition of the existing building and erection of a new community twin pad ice centre, including changing rooms, gym including exercise studio, café and service areas. Amendments to the existing car parking area to provide integrated swales, landscape and biodiversity enhancements.”

The proposed development would comprise of a high quality sports facility which will further enhance the Regional Park’s portfolio of iconic venues. The proposed replacement ice centre would be located on the site of the existing ice centre. The key principles which have shaped the proposed development are the need to deliver:

• More ‘ice time’ for all users including social skaters from the local community;

• A programme that will accommodate new and under-represented ice sports at the venue, and introduce new participants to them;

• An Olympic quality venue with a regional catchment;

• A high quality, sensitive design which responds to its landscape context;

• Ecological enhancements to the surrounding landscape, including the River Lea and oxbow lake;

• A sustainable venue with a minimum BREEAM rating of ‘Very Good’;

• New facilities for visitors such as a gym, an exercise studio and a café;

• An attractive sports facility that will encourage healthy lifestyles; and

• Continuity of ice provision during redevelopment, as far as possible.

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The Purpose and Scope of this Statement

The purpose of this Planning Statement is to explain and assess the proposed development in the context of policies in the adopted development plan and other material considerations. The Statement is structured as follows.

• Section 2 introduces the key context for the proposals, the background to the Lee Valley Regional Park and the Park Authority, and the existing Lee Valley Ice Centre.

• Section 3 summarises the application site and the proposed development.

• Section 4 covers the pre-application consultation and engagement with key stakeholders.

• Sections 5, 6 and 7 set out the key policy context and material considerations for the application. This provides the basis upon which the proposals are assessed in the following sections.

• Section 8 summarises a piece of key case law that should be taken into account in the determination of the application.

• Sections 9 – 13 contain the key supporting arguments that comprise the case for Very Special Circumstances, which underpins the principle of development and the acceptability of the proposed development.

• Other key planning considerations, not addressed in the previous chapters but still of importance in assessing the application are included in Section 14.

• Section 15 provides a final summary of the case for Very Special Circumstances, weighed against the harm to openness and any other harm.

• Finally, Section 16 provides an overall summary and conclusion of this Planning Statement.

Other guidance documents

There are also a number of policy and guidance documents which are material considerations in planning decisions, including formal Supplementary Planning Guidance (SPG) These are set out below.

Olympic Legacy SPD (2012)

The site is within the Olympic Legacy SPD area, which superseded the Lower Lee Valley Opportunity Area. The document was adopted by the Mayor in 2012 and sets out a framework for the regeneration of the area used for the Olympic Games. This SPD focuses on the long term regeneration of the areas affected by the Olympic Games.

Upper Lee Valley Opportunity Area Planning Framework (OAPF) (2013)

The OAPF sets out an overarching planning framework for the Upper Lea Valley Opportunity Area. The document seeks to centre growth around blue and green strategies to offer better sport and recreation facilities to link the visitor economy to the “reinvigoration” of the Lee Valley Regional Park.

Section 4.3 of the SPD seeks to open up the Lee Valley Regional Park as access into the Park and views of the Park are said to often be restricted. This Section also states that some of the sites are ideal locations for sport and leisure and should be developed to establish a vibrant community of the banks of the River Lee.

Economic Growth Strategy (2016)

This document was produced by LBWF in 2016 and sets out the economic growth strategy

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for 2020. It sets out the plans for investment, growth and regeneration of the Borough.

With regards to the site, it states that there is an opportunity to develop new centres at Lea Bridge which includes leisure facilities. The Strategy states that with Lea Bridge station reopening, there are significant opportunities for regeneration and development in the locality. It is expected that growth will support the new centre with a range of facilities including cultural and community facilities.

Lea Bridge and Leyton Vision (June 2017)

The Council commissioned Allies and Morrison to produce a regeneration vision for the area around Lea Bridge and Leyton which is identified as a key growth area in the Core Strategy and Economic Growth Strategy.

The Vision was subject to public consultation and was adopted by the Council in June 2017, subject to minor changes.

The regeneration vision includes reference to a new twin pad ice centre and Lea Valley visitor hub. This is identified as a ‘new sports facility’. The illustrative plans identify the new facility being provided slightly to the west of the existing ice centre, but still on MOL. The new twin pad ice centre is described as a “major leisure destination in Lee Valley Regional Park”.

Emerging planning policy documents

Draft New London Plan

The Draft New London Plan has undergone examination in 2019, with the Mayor publishing his ‘Intend to Publish’ version of the London Plan on 9 December 2019. This is now with the Secretary of State. Given the late stage of preparation the Plan is a material consideration in planning decisions and may become adopted policy whilst the application is being determined. The policies of particular relevance are listed below.

• Policy D1B relates to optimising site capacity through the design-led approach.

• Policy D2 relates to delivering good design.

• Policy S1 (F) states that loss of social infrastructure in an area of defined need will only be permitted where there are realistic proposals for re-provision that would serve the needs of the neighbourhood and wider community. Paragraph 5.1.4 provides additional guidance.

• Policy S5 relates to development proposals for sports facilities. Paragraph 5.5 notes that specialist sporting venues have a role to play in providing facilities and enabling wider access to sport as well as having an important cultural value.

• Policy E10 relates to the conservation, enhancement and promotion of cultural infrastructure in all parts of London.

• Policy HC5 supports London’s cultural venues.

• Policy G3 relates to MOL. This states that MOL should be protected from inappropriate development.

• Policy G4 relates to open space and seeks to prevent its loss.

• Policy G6 relates to biodiversity and access to nature, stating that Sites of Metropolitan Importance for Nature Conservation (SMINC) should be protected.

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• Policy SI3 relates to energy infrastructure including the use of photovoltaics.

• Policy SI5 relates to water recycling.

• Policy T5 and T6 relates to cycling and car parking respectively.

Shaping the Borough: Draft Local Plan 2020-2035

Waltham Forest’s emerging Local Plan was issued for Regulation 18 (Preferred Option) consultation between 22 July 2019 and 30 September 2019. Regulation 19 consultation was scheduled for Autumn/Winter 2019, however this has not yet taken place. The current Local Development Scheme schedules adoption for Spring/Summer 2021.

Section 3 sets out the Council’s vision for the Borough. Part of this vision is that the Borough will be: “a place of leisure”, noting that the Council envisages Waltham Forest as one of London’s top attractions for leisure and recreation. It also notes that the Borough’s diverse visitor attractions, its places, cultural offer and green assets (which includes the Lee Valley Regional Park) are for “residents and all to enjoy”. The existing ice centre is one of the most important leisure attractions in the Borough. The replacement ice centre will be even more popular.

Strategic objective 11 is identified as “Enhance the Borough’s natural environment and develop a multifunctional network of green and blue infrastructure to deliver benefits for all, including increased public access”.

Draft Policy 3 relates to “Location and Management of Growth”. Criteria E states that a sustainable approach to accommodating growth will be achieved by “Making effective use of previously developed land, except where land is of high environmental value or purposely safeguarded or protected for particular uses as identified on the Policies Map.”

Draft Policy 55 relates to “Social and Community Infrastructure”. The policy states that proposals for new or improved social and community infrastructure (such as the ice centre) will be supported where it meets current and projected identified need.

Draft Policy 87 relates to “The Lee Valley Regional Park and Epping Forest”. It states that development proposals affecting the Lee Valley Regional Park or Epping Forest should be sensitive and proportionate, delivering enhancements where possible, and must not contribute to adverse impacts on ecological integrity, amenity or visitor enjoyment.

Summary

The proposed development has had regard to the relevant planning policy context, outlined above. The development plan for the site is made up of:

• The Core Strategy;

• The Development Management Policies Document; and

• The London Plan (although this will be superseded by New London Plan when it is adopted).

• The Park Development Framework.

There are a number of other relevant policy documents including:

• The NPPF and NPPG;

• The emerging Draft New London Plan; and

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• Evidence base documents and SPGs.

These documents create the policy framework against which this application should be assessed and we have highlighted the key sections where the Regional Park is referred to or sports facilities are covered in order to set the scene for the application. Further detail on the policy requirements that apply to the site are explored further on in this document.

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6. The Park Development Framework

The Park Development Framework is comprised of the following documents:

• Vision, Strategic Aims and Principles document (2010);

• Detailed Area Proposals (2011);

• Thematic Proposals (2011); and

• Strategic Policies (2019).

The Framework establishes the aspirations and specific proposals of the Park Authority for the future use and development of the Regional Park. In these documents, the Authority makes a commitment to providing built leisure and sports facilities in the Regional Park so that it can become a world class leisure destination and provide high quality opportunities for the sport and recreation to the region it serves.

The Framework recognises the need to improve and upgrade the ice centre and sets out the vision for the expansion of the ice centre to accommodate a twin pad and the broadening of sports facilities. Each of the documents is now summarised in turn.

Vision, Strategic Aims and Principles (2010)

The Vision, Strategic Aims and Principles document of the Framework confirms that the purpose of the Park is to ‘”transform” the corridor alongside the River Lea, which at the time the Park Authority was created was a mix of derelict and operational industrial land, undeveloped marshlands, reservoirs, farmland, glasshouses and municipal parks, to create a continuous corridor of open space and built leisure and sports facilities that would provide a wide range of recreation and leisure opportunities.

The use of the word “transform” and the reference to “built leisure” confirms that the Park Authority seeks to encourage positive change and also that building leisure facilities is part of the Park Authority’s remit. This was written in the knowledge that almost all of the Park is either designated as Green Belt or MOL.

The Vision, Strategic Aims and Principles document confirms that the Park Authority has the following visions for the Park:

• To become a world class leisure destination;

• To be a high quality and unique visitor destination;

• To deliver a range of high quality opportunities for sport and recreation;

• To deliver a high quality biodiversity resource for the region;

• To help people improve their wellbeing;

• To have a Park landscape that embraces the physical, cultural and social heritage of the area; and

• To contribute to the environmental sustainability of the region.

In respect of delivering high quality opportunities for sport and recreation, the Framework states that:

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“The Park has been conceived and developed over the past 40 years to be a place for leisure, recreation and sport. These activities continue to be at the heart of what the Park is about. We want to ensure the Park is a place that offers exciting and varied experiences that attract and are used by as many people as possible - while at the same time ensuring that what is offered is of the highest quality.” (Our emphasis).

There are also a number of overarching principles set out within the Vision, Strategic Aims and Principles document that guides the Park Authority’s approach to the future development and management of the Regional Park. One of which is placing the Park’s ‘Regional Value’ at the heart of the decision-making process.

This means that when assessing the range of benefits that could be delivered to surrounding boroughs, counties and London, the Park Authority will seek to ensure that facilities are developed and managed to be as accessible to as many people as possible.

Strategic Policies (2019)

The Strategic Policies document confirms that the Regional Park is the largest concentration of publicly accessible open space in the region, interspersed with various leisure facilities, and pockets of residential, industrial or horticultural developments. By virtue of its scale and character, the Regional Park is considered unique in the London, the UK and even in an international context as whilst there are other regional parks, these do not benefit from the scale of contiguous land mass, large numbers of sites of ecological significance or internationally renowned world class venues in the same way the Lee Valley Regional Park does.

Visitor numbers to the Regional Park are confirmed as having increased by 45% over the last five years with over 6.5 million visitors in 2015-2016, increasing to 7.3 million in 2017- 2018, partly reflecting the impetus provided by the 2012 Olympic Games and the creation of the Queen Elizabeth Olympic Park, where the Park Authority owns one third of the parklands and two of the Olympic Venues; the Lee Valley VeloPark and the Lee Valley Hockey and Tennis Centre.

The document acknowledges that all of the Regional Park’s riparian authorities are expected to experience an increase in population of between 20% and 29% by 2026, which will have major implications for the use of land and the function of the Park. As such, it considers that the role of the Regional Park as an environmental and recreation source for London, Hertfordshire and Essex, is now more important than ever.

Many visits to the Regional Park are identified as being for a single purpose, which suggests a need for an improved offer and the development of venues as ‘destinations’ with potential for better integration of formal sport / recreation facilities and the wider parkland.

The document sets out a number of strategic policies which contribute to securing the aims and vision of Park Authority. Those of relevance to this proposal are summarised below:

• L1: Require all development proposals to demonstrate how their location, scale, design and materials respect and respond to the character, sensitivities and qualities of the relevant landscape character areas as detailed in the Landscape Character Assessment (LCA);

• L2: Secure designs of new buildings and other structures which are appropriate to their landscape context as identified in the draft Landscape Character Assessment;

• B2: Proposals that could result in a net loss of biodiversity will be resisted;

• V3: Work with stakeholders to promote and enhance existing sports facilities. Support site and venue development sympathetic to the wider parklands;

• D2: Ensure that development proposed within the Park is of the highest environmental

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standards;

• D3: Work in partnership with riparian councils to ensure that the design and layout of new development on sites both within the Regional Park and adjacent to its boundary:

(a) enhances the Park avoiding detrimental impact on its ecological and heritage assets.

• A1: Enhance existing entrances to the Regional Park and, where appropriate, create new entrances;

• A5: Enhance signage and way finding to improve access to and movement within the Park; and

• FR2: Enhance the Regional Park’s contribution in mitigating and reducing flood risk to the surrounding areas, by natural flood management and sustainable drainage measures.

Area Proposals (2011)

The Area Proposals of the Framework provide specific proposals covering the whole Park.

The ‘Area 2 Proposals’ relate to the Three Marshes: Walthamstow, Leyton and Hackney. The ice centre falls within sub-area 2.A.6 Lea Bridge Road Area.

Specifically, for the Ice Centre, the proposals seek to:

“Enhance the range of existing sport and recreation facilities provided at the Ice centre”;

At the Ice centre – options for an additional ice pad and the expansion of sporting and leisure use of the ice centre to be explored”; and

“Enhance the capacity of the existing facilities at the… ice centre to accommodate events, formal and informal learning and arts related activities.” (Our emphasis).

The sub-area proposals also identify further improvements to the Lea Bridge Road area, including to landscape and heritage. It states:

“Implement major improvements to landscape quality as a whole, especially… to the environment surrounding the ice centre to better integrate these areas into the wider valley landscape. Landscape improvements should support and be sensitive to the biodiversity of key sites and heritage assets and aim to strengthen the river valley corridor and its associated waterways, maintaining and creating views out, to and from the valley.”

The Framework is unambiguous in its proposals to improve and expand the ice centre, including through exploring options for a second pad and enhancing the range of facilities there. In addition, it sets out proposals to improve the landscape and waterways which surround the ice centre. We are not aware of LBWF making any objections to the Park Development Framework Area Proposals vision for the ice centre.

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7. Development on Metropolitan Open Land

The key planning policy consideration in respect of the replacement of the Lee Valley Ice Centre is its location on Metropolitan Open Land (MOL).

As set out in Paragraph 4.6 - 4.7 of the London Plan, MOL is aligned with Green Belt, therefore national planning policies relating to Green Belt also apply to MOL. The NPPF outlines what uses or works are appropriate to be located within Green Belt, and therefore this can be read as applying to MOL.

Inappropriate Development

Paragraph 145 of the NPPF confirms that the following uses are appropriate in the Green Belt/MOL:

• the extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the original building;

• the replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces; and

• limited infilling or the partial or complete redevelopment of previously developed land, which would not have a greater impact on the openness of the Green Belt than the existing development.

In order to accommodate the proposed development, the addition of a second ice pad, the replacement ice centre needs to be materially larger than the existing ice centre. For this reason, we do not consider that the exceptions identified in paragraph 145 of the NPPF apply in this case.

Development outside of the categories detailed in the NPPF is known as ‘inappropriate development’. Policy 7.17 of the adopted London Plan requires inappropriate development to be refused, except where Very Special Circumstances can be demonstrated, therefore giving MOL the same level of protection as Green Belt, in line with the tests for Green Belt set out in national policy.

The NPPF sets out that the essential characteristic of the Green Belt (and therefore, MOL) is its openness. The proposed development is ‘inappropriate’ development on MOL. Inappropriate development is, by definition, harmful to MOL as it will reduce openness and should not be approved except in ‘Very Special Circumstances’ (“VSC”). The proposals for the proposed replacement twin pad ice centre, therefore, must demonstrate very special circumstances in order to satisfy the requirement of the NPPF and London Plan regarding inappropriate development.

Paragraph 144 of the NPPF confirms that:

“When considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. ‘Very Special Circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, is clearly outweighed by other considerations.”

In the context of paragraph 144 of the NPPF, the harm associated with the replacement ice centre proposals must also be identified and weighed against the Very Special

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Circumstances. The NPPF confirms at paragraph 143 that inappropriate development is, by definition, harmful to the Green Belt/MOL because it will reduce openness. In this document we have, therefore, assessed the proposals against the national planning policy tests for inappropriate development in the Green Belt, and therefore MOL.

The position of the Draft New London Plan aligns with the above. Draft Policy G3 addresses MOL, stating that MOL will have the same status and level of protection as Green Belt. The Inspector’s report recommended that part of Draft Policy G3, the sentence ‘Development proposals that would harm MOL should be refused’, should be removed from the Draft Policy as it was not in conformance with national policy. The Mayor has rejected this amendment in his Intent to Publish (December 2019) version. Policy G3 therefore states that:

‘Development proposals that would harm MOL should be refused. MOL should be protected from inappropriate development in accordance with national planning policy tests that apply to the Green Belt’.

There is an inherent contradiction in the policy in stating harm should be met with refusal, as inappropriate development is, by virtue of national Green Belt policy definition, something which causes harm to the Green Belt (and therefore MOL). Inappropriate development, in line with national policy requirements (set out in more detail below), is permitted if VSC clearly outweigh the harm to the Green Belt/MOL and any other harm.

Very Special Circumstances

What constitutes a VSC is not defined in policy and there is a considerable body of the case law which addresses what it might constitute. Case law has confirmed that the circumstances identified do not have to be rare or uncommon to be special3. Furthermore, the case law confirms that “a number of factors, none of them “very special”, when considered in isolation may, when combined together, amount to very special circumstances. There is no reason why a number of factors ordinary in themselves cannot combine to create something very special.”4.

It is important to note that planning policies are not legal requirements and their application must be approached by having regard to all the circumstances of the case, including statutory provisions.

In the next Section, we consider how an Inspector and the Secretary of State considered a recently recovered appeal for sports facilities on MOL. This decision provides helpful guidance on what can constitute a VSC and the weight that should be applied to the VSC by decision makers.

In the following Sections, we set out the material considerations that are relevant in respect of the replacement ice centre that can individually and/or collectively constitute VSC that make development on MOL acceptable in this case.

3 Wychavon DC v Secretary of State for Communities and Local Government and Butler [2008] EWCA Civ 692. 4 R (Basildon District Council) v First Secretary of State and Temple [2004] EWHC (Admin) 2759.

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8. The Harrow School Decision

The Secretary of State allowed an appeal against the decision of the London Borough of Harrow Council (LBH), under direction from the Mayor of London, to refuse planning permission to demolish existing buildings (including a sports hall) and to construct a new sports building over 3 levels (7,269 sqm) and a new science building over 3 levels (3,675 sqm) at Harrow School (PINS ref: APP/M5450/W/18/3208434). A copy of the Inspector’s report and the Secretary of State’s decision is provided at Appendix 4.

This recovered appeal provides helpful guidance as to how an Inspector considered a proposal for a sports hall on MOL and there are many similarities between the Harrow School case and the proposals for the replacement ice centre. We highlight this case below.

Background

The London Borough of Harrow had resolved at committee in September 2017 to follow the recommendation of officers and grant conditional planning permission for an application by Harrow School to demolish existing buildings (including a sports hall) and to construct a new sports building and a new science building.

However, the Mayor of London directed LBH to refuse the proposals on the basis that the proposed sports building was "inappropriate development within Metropolitan Open Land and causes substantial harm to the openness of the Metropolitan Open Land by reason of its excessive footprint and its location" and that "very special circumstances do not exist". In addition to the reason for refusal, the Mayor considered that less than substantial harm would arise to heritage assets, (although he did not seek dismissal of the appeal on heritage grounds).

Harrow School appealed against the refusal, and the appeal was recovered by the Secretary of State. At the inquiry, the Mayor appeared as the objector to the proposals. On 31 October, the Secretary of State agreed with the recommendation of the Inspector and allowed the appeal, granting planning permission, and granting a full award of costs against the Mayor.

It was agreed between Harrow School, the Mayor, and the London Borough of Harrow that:

• the existing sports centre and science building were inadequate in terms of quality, quantum and functionality;

• the existing sports centre is located within MOL;

• the proposed science building, which is outside MOL, was not objectionable in itself; and

• the proposed sports centre is inappropriate development on MOL and is by definition harmful, and further caused harm to the openness of MOL by reason of its siting, scale, and footprint.

Impact On Openness

The Inspector’s Report (IR) discusses at length the effect of the development on openness, and this relied significantly on the actual reasons for refusal. He notes that the large scale of the building will erode the openness of MOL as there will be built form where there is currently relatively undeveloped land, thus eroding the openness of MOL by the fact of its size and siting (IR paragraph 54). However, he does note that the development would not be seen as an isolated building standing alone in a field. He also notes that the Mayor did

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not take an issue with the broad principle of the size of the building in terms of the sports need of the school and the multi facility provision that needs to be delivered, (IR paragraph 56).

However, it is important to note that the Inspector did not find that the proposal would have an adverse impact in respect of its visual impact. The Inspector found that the footprint is not ‘excessive’ when one considers that there is a certain level of need that the sports building will have to provide. This was common ground between the parties. (IR paragraph 61)

The Inspector concluded that the proposed location within the MOL for the sports building, which is broadly in keeping with the Council’s adopted SPD, is acceptable in terms of the reason for refusal. As such, and taking into account the agreed position in respect of the visual appearance of the proposed sports building, the Inspector did not consider that the proposal would result in harm to openness, or indeed any other harm, in visual impact terms. However, there would remain harm to openness through its erosion or openness which should be afforded substantial weight, (IR paragraph 62).

Consideration of VSC

The Inspector identified a number of VSC and confirmed the weight that he afforded each of these.

a) Educational Need

The proposal would meet the existing and future educational needs of Harrow School for science and sports. This was afforded significant weight (IR paragraph 101) by the Inspector.

b) Community Need

The facility would provide 22,000 hours of use to other local schools and clubs, community groups and individuals at market, low, or cost price, or free, providing the use of state-of-the-art sports facilities for both the private and public bodies, families and individuals. The Inspector states that this is a benefit directly accruing from the proposal which should be afforded very substantial weight (IR paragraphs 105 and 106).

c) Free Access for State Schools

The agreed s106 included a Community Use Agreement ensured the provision of 1300 hours free use for local schools and 500 hours use 'at cost' for local community groups. The Inspector concludes that this is a manifest benefit which should be afforded significant weight. (IR paragraph 113).

d) MOL Extension

The Inspector afforded this minimal weight (IR paragraph 114) to a so-called 'MOL land swap' which through a unilateral undertaking would secure that an area of land subject to the school's control would be subject to MOL policies until such time as it was formally designated as MOL.

e) The Lack of Alternative Sites

There was a lack of alternative sites, the school having undertaken a rigorous view of other sites including the master planning to inform the adopted SPD. The proposal complied with that site-specific SPD. The Greater London Authority had been consulted in respect of the SPD, but during the appeal process the Mayor sought to suggest alternative sites utilising various means including stacking which the Inspector

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described as "no more than concepts at extremely early stages of thought" which "literally do not stack up".

However, the Inspector stated that the lack of realistic and feasible alternative locations to deliver the identified need weighs significantly in favour of the proposal (IR paragraphs 118 and 119).

The Inspector notes that in the closing submissions, the School’s Leading Counsel questioned the lawfulness of considering alternatives in case law and planning policy terms (IR paragraph 115).

f) Compliance with a SPD for the School

The Inspector noted that an SPD has been produced for the School which is a material consideration in planning decision. In such circumstances, he determined that compliance with the Schools site specific adopted SPD should be afforded substantial weight, (IR paragraph 125).

g) Heritage Benefit

The Inspector noted that the heritage benefits which included the opening up of views of the historic ridge in Harrow-on-the-Hill and over Greater London, but he afforded them only modest weight (IR paragraph 128).

h) Landscaping Benefits

The Inspector notes the benefits, but states that some of these do not necessarily rely on the delivery of the appeal scheme. However, he does note that the landscaping scheme demonstrates the Appellant’s commitment to do long term landscaping of the School site and its contribution to the wider landscape in which it sits. He concludes that in this respect, the landscaping benefits identified should be afforded moderate weight in favour of the proposal (IR paragraph 131 and 132).

i) Biodiversity Benefits

The Inspector notes that the site is not considered to currently have any material ecological value. He noted that whilst the proposal would result in the loss of around 92 trees, none of these are category A trees, and those to be removed would be replaced on a 3:1 basis.

He notes that in this respect, the proposal would accord with the aims of paragraph 170 of the NPPF, which seeks to provide net gains for biodiversity. He notes that exercising the duty under s40 of the Natural Environment and Rural Communities Act 2006, he carefully considered the purpose of conserving biodiversity. It is considered that the site can provide specific and suitable habitats for a number of animal species where currently such provision is limited.

Moreover, the Inspector states that the proposal would also require consideration under s197 of the Town and Country Planning Act 1990, as amended, which seeks to include appropriate provision for the reservation and planting of trees. In the provision of trees at a ratio of 3:1 for each lost tree, the proposal provides a significant opportunity for the appeal site to provide a tangible net biodiversity gain for a multitude of bird, mammal and invertebrate species on and near to the appeal site (IR paragraphs 133 to 135).

The Inspector confirms that the net biodiversity gains should be afforded substantial weight in favour of the proposal (IR paragraph 136).

j) Benefits of Pupil Safety

The Inspector notes that this should be afforded no more than moderate weight. (IR paragraph 140)

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k) Compliance with other Policies

This was the case put forward in closing submission, but the Inspector disagreed that this was a benefit as such. (IR paragraph 141).

Conclusions on VSC

The Inspector confirms that looking at the case as a whole, he considers that Very Special Circumstances exist which justify development. Although the erosion of openness of MOL is afforded substantial weight, he concluded that the other considerations put forward clearly outweigh the harm. For this reason, he concluded that the proposals accorded with MOL policies.

The Secretary of State agreed with the Inspector's conclusions on all of the principal matters relating to MOL harm and very special circumstances. He agreed with the Inspector's recommendation.

Summary

There are clear parallels with the proposals for the replacement ice centre and the proposals at Harrow School. The principles of what can be considered a Very Special Circumstance and the assessment against the factors affecting MOL must be taken into account in decisions around MOL in the future, including that relating to the ice centre.

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9. The Role of the Park Authority

As noted in Section 2, the Park Authority was set up under the terms of the Lee Valley Regional Park Act 1966. It is therefore a statutory public body and this is enacted in law. The Park Authority is a unique and very special body with a duty to carry a very particular and special role in a particular part of the country, the Regional Park. The Park Authority’s role is relevant to these proposals as it goes to the core of the reasons for why the Park Authority own and manage the existing ice centre and why they are seeking to enhance the current site and facilities through this application.

The statutory remit of the Park Authority includes providing directly or indirectly, built facilities for leisure, recreation and sport. This has been previously recognised in the making of planning decisions, for example through the granting of planning permission for the current ice centre (LPA ref. 82/458) within MOL.

Building a replacement ice centre is fully consistent with the statutory remit of the Park Authority, its location within MOL does not change this. Indeed, since 95% of the Regional Park is designated as Green Belt and MOL , with the remaining 5% already developed or allocated for development, there is an implicit acknowledgement that some of the activities covered by the Park Act, which would otherwise be deemed ‘inappropriate’ in the Green Belt or MOL, are appropriate if being undertaken by the Park Authority. The Park Authority has a legal duty to provide facilities for the purpose of enjoying the Regional Park, which contains land that is otherwise safeguarded as Green Belt or MOL. The Park Authority has been fulfilling its legal duty, appropriately and sensitively, for more than 50 years.

The Park Authority also has a mandatory requirement for the Park Authority to prepare a plan defining the future use and development of the Park. The Park Authority has prepared the Park Development Framework (see Section 6). The Framework is unambiguous in its proposals to improve and expand the ice centre, including through exploring a second pad and enhancing the range of facilities there. The vision of the Park Development Framework is supported in LBWF’s adopted development plan documents.

In short, the Park Authority’s proposals to develop a twin pad ice centre, which includes significant environmental and landscape enhancements, fully accord with the wider aspirations for the Park set out in the Park Development Framework. These aspirations are supported by the Council in its own planning policy.

Summary

The role and function of the Park Authority is unique. The development of a new, replacement ice centre within the Regional Park which is being promoted by, funded by and run by the Park Authority is a VSC which must be given very substantial weight in the determination of this application.

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10. The Need to Replace the Ice Centre

Operational Capacity

As noted previously, the LVIC is a hugely popular facility, attracting just under 279,000 visits in 2018. LVIC has, for the past 34 years, provided a space for young people to meet, socialise and participate in physical activity. Whilst the centre’s public skating sessions are incredibly popular; it is also home to a thriving community of ice hockey teams and competitive figure skaters; and it supports hundreds of people through learn to skate sessions every month.

The high demand from the community using the ice centre at present means that the opening hours and programme are maximised and stretched to allow for the different types of activities held at the facility to take place. The ice centre is open for up to 19 hours per day, allowing for a total of 133 hours per week of ‘ice time’.

The facility offers a programme of activities, which are split across the ice centre as follows:

Table 2 Programme of activities at the existing ice centre

Activity Description Current ice allocation

Patch Ice Non-general admittance practice ice, training 38 hours and lessons, with varying ability levels

Public skating Peak: Open ice skating for the public, for all 35 hours standards of ability, at peak times (Friday evenings, and during the day on weekends). The sessions are typically busier than the off- peak public skating sessions. Depending on the session these may also incorporate an ice disco.

Off-peak: Open ice skating for the public, for all standards of ability

Recreational hockey Recreational hockey team training 18 hours

Elite patch General practice/ training and lessons for elite 7.5 hours levels

Hockey matches A match of ice hockey between two teams 6 hours (junior, recreational, or senior/elite)

Junior hockey Junior hockey training 4.5 hours

Synchronised skating Club ice focused on synchronised skating in 3 hours groups

Skate UK Fundamental training scheme for anyone 2.5* hours wanting to learn to skate. Sessions are taught by a qualified coach, where attendees are * Designated time in teaching movement and basic ice skating addition to provision skills. during public sessions.

The current weekly programme is included at Appendix 5. An ice disco, which operates every Saturday night is also exceptionally popular, attracting hundreds of young people each week. A key pressure to the programme is not only the number of hours, but also the

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availability of ice time at the core hours (evenings and weekends) when most user groups seek ice time. Many of the activities have extensive waiting lists.

Together, the current programme alongside extensive opening hours shows that there is no potential to increase available ice time at the existing facility. The site is currently operating at 100% capacity. The operational capacity of the existing ice centre is a key driver of the need to replace the current facility, as in order to provide an expansion to the services and ice activities currently provided, additional ice space would be required which can only be delivered by the provision of an additional ice pad. Essentially, there is no opportunity to significantly improve the ice centre’s offer without being able to offer further ice time to the community.

Repairs and Future Investment

The Lee Valley Ice Centre, opened in the 1980s, is now over 34 years old. It suffers complicated and expensive operational issues and is nearing the end of its useful life. The facility was forced to close for a period in 2017 in order for repairs to be carried out. The status of the facility is unsustainable and, alongside the capacity stresses, also forms a key element of the decision to seek a replacement of the current provision.

The state of disrepair of the current facility has been well documented by the Park Authority. The Park Authority Executive Committee Agenda (Report No. E/618/19) for the meeting of 25 April 2019 summarises to its members that:

“The current ice centre, whilst still well used and delivering an operational surplus (circa £230,000), is coming ever closer to the end of its operational life. Small unplanned shut-downs due to ice resurfacing equipment and a range of unplanned maintenance issues have become more frequent in recent months.”

The report goes on to state that:

“Members approved in May 2017 (Paper E/501/17) to undertake a £500,000 refurbishment of the current ice centre in the summer of 2017 to the ice pad, cooling and barrier system, which were items identified as at a high risk of failure. The works were finished in September 2017, following an 8 week closure, with all new systems installed having the capacity to be moved to a permanent rink in the future.”

These extracts demonstrate the cost of keeping the ice centre running in its current facility. The cost of continuing with an aged and lessening ‘fit for purpose’ building is substantial and additional works and disruption in the future are considered inevitable by the Park Authority.

The report also confirms, despite the level of expenditure to date, further significant investment will be required to maintain the facility in the future and that dated equipment will be difficult to repair or source replacements for. At point five, the report notes that:

“The chillers, the building’s mechanical and electrical plant and building structure are the next high risk items and in all likelihood require investment to maintain a fully operational facility. The costs could range between £1million and £5million depending on what works are undertaken.”

The report goes onto to confirm, at points 35-37, that:

“The venue, now over 34 years old, continues to deteriorate and there has been 3 days of unplanned closures over the past two months due to venue related issues. The issues fall into four categories:

• The chillers;

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• The building structure;

• The building mechanical and electrical; and

• The ice specialist equipment.

The chillers are now of an age where the installers, maintenance contractor and suppliers will not underwrite their performance and parts are becoming increasingly difficult to obtain.

There continues to be ongoing structural issues and investigations into the subsidence of concrete slabs and severely cracked toilet services in the east corner of the building which was resulted in these toilets being unusable.

A copy of the Executive Meeting Agenda dated 25 April 2019 can be found in Appendix 6 of this report.

In summary, significant investment has been directed to repairs and the upkeep of a facility that is no longer fit for purpose. The costs to keep the ice centre running will continue to rise and, in the near future, it will threaten the viability of the facility. Therefore, the current facility is at high risk of closure and is unsustainable in its current form. For this reason, replacement options for the ice centre have been considered.

The Council accepts that the existing ice centre is at the end of its useful life. The Council acknowledge, in its pre-application feedback dated 15 February 2019, that “the existing LVIC is in poor condition, nearing the end of its economic lifespan, and it no longer viable or sustainable to maintain the existing operations” and confirms that, “the closure of the ice centre would be a significant loss to the borough’s community assets, leisure offer and local economy as it is a prominent visitor attraction.”

The need to redevelop the existing facility is, in itself, a VSC that would warrant the need to develop in MOL. The Park Development Framework requires the Park Authority to provide facilities ‘of the highest quality’. We have set out how the current ice centre is well used, but it is no longer ‘of the highest quality’. It has deteriorated and is very close to the end of its useful life. If the Regional Park is to maintain its attraction and meet future demand, using high quality facilities, the ice centre must be replaced.

Options for replacing the Ice Centre

To arrive at the conclusion that the proposed development, for a twin Olympic sized pad ice centre, was the most appropriate proposal to take forward, the Park Authority considered multiple options to deal with the current facilities coming to the end of their operational life. Keeping the existing ice centre operating via ongoing investment has been removed as an option going forward as the LVIC is now failing to keep up with need and demand for additional ice time, as noted earlier within this Section. Whilst the existing facility could be replaced with a like-for-like facility, more public skating or expanded ice sports could only be programmed if the operator wishes to switch to a more public skating focused programme, or vice versa, where either option would mean the loss of ice time for a valued community user groups of the existing facility.

Local and city-wide population growth means that the existing single pad ice centre is no longer fulfilling the Park’s duty to provide regional facilities for the enjoyment of Londoners, as there are no longer enough hours in the day to meet the regional demand from the single- pad, which is currently operating at full capacity as demonstrated previously in this Section. The existing single-pad is under pressure to provide for community ice skating hours as well as providing ice for training athletes as well as for sports teams.

Adding to this, Waltham Forest’s, and more widely London’s, population is increasing. In the Strategic Policies document of the Park Development Framework from 2019, it is noted that all riparian authorities of the Regional Park are set to increase in population of between 20%

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- 29% by 2026. This reflects, and will continue to reflect, in an increased demand for ice skating and ice sports training as well as community ice time. Additionally, the growth of diverse ice sports means that there is a need for the provision of Olympic standard facilities in London to allow and encourage participation in these sports and to provide a sustainable and long-term platform for these sports to grow.

Providing a replacement single-pad ice centre would not improve the current capacity or meet the increasing demand of the local and regional ice community. A replacement single- pad would not provide any opportunities for wider local or regional benefits or aid the Park Authority to provide a sports facility that accommodates the demand from the people of London as the capacity would not allow it.

Only through providing a twin pad facility can the increased level of ice time available to the community be delivered.

A twin-pad would address the capacity issues and lack of available ice time that would not be overcome by different single pad scenarios. A twin-pad allows increased ice time and alternative ice uses to occur simultaneously. For instance, whilst one pad provides community skating time, the second pad could, in parallel, provide a local junior ice hockey team with ice time to train. The ability for the ice programme to cater for the different needs of the growing community locally and regionally, including for existing users and expanded ice sports means that the Park would able to provide an ice centre that functions fully for the enjoyment of the people of London. Being an Olympic twin-pad would mean that the Park can cater for a greater variety of ice sports across both pads. An Olympic sized twin-pad facility would allow greater flexibility to the users of the 100% community facility and satisfies the Park that they have fulfilled their duty to provide a facility that caters for as many Londoners as possible.

The option for the Olympic twin-pad replacement is therefore the basis of the development proposed in this application. A process of extensive feasibility and business case development has underpinned the Park Authority’s consideration of options to ensure that the proposed development is deliverable. In the following Sections, we set out further detail behind this decision to explain the need and rationale for providing a twin pad ice centre in London.

Replacing the Ice Centre with a Twin Pad

London is Under-Served

There are currently 41 ice rinks in England and Wales. These are plotted on the map provided at Appendix 7.

These are operated via the public and private sectors and leisure trusts. The largest private operators are Planet Ice (eight rinks managed) and Silver Blades (five rinks), which both sit under the same corporate ownership umbrella.

The table below illustrates the geographical spread of ice facilities in England. This data shows that per capita provision in London is below the national average, ranked fifth nationally (out of nine Sport England regions).

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Table 3 Ice pad provision in England

Sport No. of ice Total Total ice Variation England pads in Total population pads per Rank from mean Region region (millions) million West 7 7 5.9 1.19 0.44 1 Midlands Yorkshire & 5 6 5.5 1.09 0.34 2 The Humber South East 8 8 9.1 0.88 0.13 3 North East 2 2 2.7 0.75 0.00 4 London 6 6 8.9 0.67 -0.08 5 Eastern 4 4 6.2 0.65 -0.11 6 East Midlands 2 3 4.8 0.62 -0.13 7 North West 4 4 7.3 0.55 -0.20 8 South West 2 2 5.6 0.36 -0.39 9 England 40 42 56.0 0.75 0.00

This suggests that the London ice sports market is under-served currently as it is fifth on this list, yet it is the capital city with the largest population.

To put this ‘need’ further into context, since the current ice centre was consented in 1984, London’s population has increased by 1.5 million (22%) and the boroughs of Waltham Forest and Hackney have seen a population increase of 27%. In this time, the ice centre has accumulated a large interest group and is a well-known establishment for providing ice related activities and opportunities.

The size and quality of the ice pad and the size of the building it is housed in (the rink) affect the type of ice activities it can be used for. LVIC currently comprises one ‘international sized’ ice pad of 56m by 26m which enables it to offer a balanced programme of activities that includes public skating, figure skating, ice hockey, Learn to Skate, and synchro skating.

In the UK, ice rinks typically draw from larger catchment areas than other indoor sport and leisure facilities because of the specialist nature of the sport. It is known that casual skaters will primarily be drawn from a circa 20 - 30-minute drivetime catchment, but figure skaters and ice hockey players will often travel more than an hour to access quality ice (assessed by size, timing and coaching) in the absence of closer facilities.

The ‘typical’ minimum industry catchment benchmark that drives sufficient demand for a rink to be sustainable is population of circa 250,000 within a 20-minute drivetime catchment. The five largest rink catchments in the UK are all in London. The table below summarises the size of rink catchments for the London region rinks, plus Romford.

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Table 4 Ice pad provision in London

Facility Rink Drive time to 20-min Drive 30-min Drive Dimensions LVIC Catchment Catchment

Lee Valley ice 56m x 26m - 1,118,000 1,772,000 centre

Alexandra Palace 56m x 26m 30 mins 1,125,000 1,785,000

Streatham Ice and 60m x 30m 65 mins 1,065,000 1,715,000 Leisure Centre

Queens Ice and 40m x 20m 46mins 1,171,000 1,855,000 Bowl

Sobell Leisure 31m x 16m 23mins 1,212,000 1,881,000 Centre, Islington

Sapphire Ice and 56m x 26m 37 mins 987,000 1,613,000 Leisure Centre, Romford

As demonstrated above, LVIC serves a primary catchment of circa 1.8m people (30-minute drive catchment).

In London there are only four rinks of standard international size: LVIC; Romford; Alexandra Palace; and Streatham. As a result of this, and their proximity, Alexandra Palace and Streatham are the ice centre’s main competitors. The ice centre’s 30-minute catchment has significant notional overlap with the catchments of both Streatham and Alexandra Palace, and will therefore compete with these facilities for potential visitors.

The primary factor to determine which facility a visitor will choose is its accessibility. However, the quality of a facility, quality of coaching and availability of ice time are also likely to be important decision-making factors depending on the user group.

Alexandra Palace Ice Rink is the closest full size facility (30 minute drivetime) and its indicative catchment overlaps significantly with LVIC’s. It was refurbished in 2010 and it can be expected to maintain its current levels of performance for the foreseeable future.

Despite being further away from Lee Valley, Streatham ice rink still has a potential catchment overlap. Streatham underwent a multi-million pound redevelopment and the replacement rink opened in November 2013 with an Olympic-sized ice pad. Streatham largely serves the South of London. The LVIC public skating and recreational hockey has, thus far, been largely unaffected following its re-opening.

Romford Ice Arena was an ice rink located in Romford and closed in 2013. A new facility named the Sapphire Ice and Leisure Centre opened in 2018. This facility, like Streatham is designed to cater for Romford’s local catchment and similarly features a single ice pad.

However, if the LVIC continues to deteriorate, it is likely to lose skaters to these two rival facilities. Indeed, the ice centre has lost coaches to Streatham because facilities are better there. Elite and aspiring skaters will follow the best coaches and if this trend continues, it will damage the ice centre’s reputation and future viability.

The other two rinks in London, are the Queens Ice and Bowl and the ice rink within the Sobell Leisure Centre. These are unique venues that are geared towards social skating

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rather than performance ice sports. These venues are limited because they have small pads.

A Regional Need

The map at Appendix 7 also demonstrates that there are currently only two full sized Olympic twin pad ice rinks across England and Wales, at Nottingham and Sheffield. An Olympic sized ice pad is 60m by 30m. It should be noted that Cardiff has a twin pad facility but does not provide Olympic size twin pad provision. Furthermore, the pad at the Arena at Nottingham is also often boarded over and used as a concert venue and the ice is not always accessible.

The map highlights that there is no twin pad facility in London. The nearest twin pad facility to London is over 200km away in Nottingham. This is despite the region seeing a significant population increase and despite there being a larger catchment population than elsewhere in the country.

The poor provision of ice skating in London illustrates three important considerations:

• If the ice centre closes, the situation will become significantly worse and increase pressure on existing facilities, and it is likely that a significant number of current participants will give up on the sport, which will be detrimental to their health and wellbeing;

• It is surprising and disappointing that the UK’s capital city does not have a twin pad ice facility, and does not have a permanent facility that can host even second-tier international ice-skating events;

• There is demand and capacity for a twin pad facility in London. With seven pads in London, it would be within the top four Sport England Regions in terms of pads per population.

Providing the first and only twin pad ice rink in London has significant regional importance and, in our view, is a VSC.

Increasing Public Skating

The popularity of public skating at the ice centre, and its importance in generating revenue is illustrated in the Table below.

Table 5 Lee Valley Ice Centre income streams

2012/13 2013/14 2014/15 3yr average

Public skating and 68.9% 68.7% 63.7% 67.1% courses

Coaching 3.2% 5.2% 4.8% 4.4%

Patch & rink hire (incl. 21.7% 21.4% 26.5% 23.2% hockey)

Birthday parties 1.9% 1.1% 1.5% 1.5%

Other income 4.3% 3.5% 3.5% 3.8%

Total 100% 100% 100% 100%

The table clearly illustrates that public skating (including skate hire) and courses generate a significant majority of the ice centre’s overall income, in comparison to utilising the ice for ice sports. This is consistently the case across ice facilities in the UK. This usage accounts for

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almost 70% of total income at the ice centre, despite only accounting for 30% of the available ice time.

Patch and other hires (including junior, recreational and senior hockey) contribute a further almost 25% of income, and other than the revenue derived from coaching, other income is relatively nominal. This shows a reliance on core ice uses rather than an ability to spread some revenue risk to other income-generating facilities, such as a gym, for example. An enhanced facility has significant potential to diversify the ice centre’s revenue sources and ensure the facility is sustainable.

However, there is significantly less provision for public skating per capita than is offered at other, more commercially-focused, single pad rinks elsewhere in the UK and, on this basis IPW (a leading specialist sport consultants instructed by Park Authority to ensure a high quality development is provided) consider that, there is significant potential latent demand for public skating at LVIC if more hours can be programmed.

This is a crucial matter because, as noted, the ice centre is currently operating at 100% capacity, delivering a balanced programme across a range of uses. There is no potential to increase available ice time for public skating and, thus, revenue.

It is also relevant in the context of a VSC that the ice centre’s balanced programme is consistent with Park Authority’s regional remit. The Park Authority has a duty to provide sports facilities and so providing more time for ‘sporting use’ will ensure the Park Authority fulfil their duty. In simple terms, it would be more commercially viable to deliver more public skating, as the most commercial use of the facility, to increase revenues. However, the ice centre currently offers significantly fewer hours of public skating per week than other single pad rinks elsewhere in the UK so as to create a balanced programme of activity.

Without a more commercial programme (i.e. having more public skating and increasing the number of hours given to ice sports), it is unlikely that there is potential to further improve operating performance or increase throughput levels.

Based on hours per person in the primary catchment, IPW estimate that the ice centre could sustain up to 58 hours of public skating. However, as the existing ice centre is operating at capacity, it is only through providing a second ice pad that the ice centre can meet this latent demand, or shortage, of public skating hours without compromising the requirements of other user groups.

The current operators of the venue (Lee Valley Leisure Trust Ltd) have prepared an indicative twin pad rink timetable. This shows 66.5 hours of public skating programmed across the facility. This is an increase compared to the current situation. A copy of the indicative timetable is provided at Appendix 8.

Increasing Hours for Sports Users

Consultations have been held at user group sessions with hockey teams and coaches, who have confirmed their aspiration for more ice time at the ice centre. However, with a single pad there is simply no capacity to dedicate additional ice time to accommodate this.

The submitted Statement of Community Involvement asked respondents to provide comments on the proposals for a new ice centre. The most common comments (49%) referenced the importance of increased access to the ice centre and time of the ice for users, adding that this would allow skaters to train accordingly and become better at their chosen sport.

“We attend the current rink for both ice hockey and ice skating events. A new modern rink would increase access to ice time for all users. It would allow individuals to excel in their chosen ice sport.”

The SCI found that 82% felt the current plans to create a new twin pad ice centre were very positive. A number of respondents expressed their desire to see a new, modern ice centre

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that reflected the ilk of ice centres in other parts of the UK. Many added that a contemporary ice rink would enable the centre to host more competitions, whilst still providing space and opportunities for individuals to skate for leisure purposes.

“Having a twin rink venue will be a bonus to the area. The rink at Ice Sheffield means that there is more ice time for better competitions without taking away from the regular and local public skating. I think Lee Valley deserves a new and updated ice rink to bring it into a new era.”

Having a second pad will allow the hockey and skating clubs additional hours across the two pads. This will create capacity that will enable those on club waiting lists the opportunity to join. The indicative timetable at Appendix 8 demonstrates how, across the two pads, the number of days able to offer hockey practice, particularly junior hockey, will increase. There is also an enhanced ‘Learn to Skate’ programme and more patch ice time.

This contributes to providing further activities for young people to participate in, which in turns provides opportunities for social and skills development. Such benefits are set out further in Section 11.

Introducing New Ice Sports

Providing a second ice pad will also allow for opportunities to accommodate other ice sports such as speed skating, sledge hockey and recreational curling. British Ice Skating (BIS) and the English Ice Hockey Association (EIHA) have confirmed that there is significant latent demand for these uses, with potential for a new twin pad to meet a wider strategic need beyond London.

The EIHA is the governing body responsible for the administration of all ice hockey in England and Wales. It is responsible for senior divisions below Elite League level, British Universities Ice Hockey Association, women's ice hockey, recreational ice hockey and junior ice hockey. The EIHA have confirmed that the proposed replacement ice centre would have a strong hockey development market. It also suggested that it has strong potential to grow youth hockey system, currently limited by a lack of ice time.

Being able to accommodate additional ice sports would fulfil the Park Authority’s remit by increasing the regional profile, but this cannot be achieved without the addition of a second ice pad. Furthermore, by creating a second fully accessible Olympic twin pad in the UK would deliver on a national requirement.

A twin pad facility at LVIC would create a landmark facility in terms of supply and quality of ice, attracting regional, national and potentially international coaches and teams to skate and train at the venue. This will create significant sporting opportunity for London with a draw across the entire capital.

Support from Sporting and Cultural Bodies

In support of the proposals, Appendix 9 contains letters of support for the proposed development from the following bodies:

• Real Initiative • Waltham Forest Islamic Association • Sport England • British Ice Skating (National Ice Skating Association UK) • UK Sport • Lee Valley Junior Ice Hockey Club • London Sport

Letters of support have also been received from ice sport Olympic athletes who use the ice centre. The Park Authority has also provided case studies of a number of successful athletes across the Park Authority’s sports facilities. The Authority’s vision is that the new ice centre will provide exciting opportunities for ice sport enthusiasts, supporting them as they

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go further in their athletic journey. Copies of the support letters from athletes and case studies can be found respectively in Appendix 10 and Appendix 11 of this document.

Summary

the existing ice centre is at the end of its useful life with the existing structure and design being unchanged since its conception. The ice centre is open for of 18 hours a day, seven days a week. It is at 100% capacity.

This means that there is simply no opportunity to improve the ice centre’s offer, in line with the Park Authority and Council’s policy aspirations. The only way to offer greater ice time, and at the core hours, (evenings and weekends) to existing activities that have extensive waiting lists is through the addition of a second ice pad. Providing a second ice pad will also allow for opportunities to accommodate other ice sports such as speed skating, sledge hockey and recreational curling.

The application will provide a twin-Olympic pad rink, which will mean it can:

• Meet the aspiration of club coaches to accommodate more ice time for existing sports;

• Enable significant expansion of the programme and commercial usage;

• Maximise event and training potential, creating around 122 additional hours per week in programming, with associated opportunities for additional ice sports (such as speed skating, disability ice skating, curling etc); and

• Deliver a regionally-relevant facility, maximising its profile (as one of only three in the UK).

The opportunity to replace an existing facility that is at the end of its useful life and make provision for more ice time to meet community needs is a very special circumstance that helps justify development on MOL.

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11. Delivering Community Benefits

It is common ground that the current ice centre is a well-established, valued and popular community facility. It has been demonstrated in Section 10 that the ice centre is at the end of its operational life and, if it is not replaced, it will be forced to close. If it were forced to close, this would represent the loss of a community facility. The replacement ice centre will safeguard its operation for the foreseeable future, but will also be able to deliver significant community benefits over and above that of the existing facility.

The proposed development will therefore elevate the Lee Valley Ice Centre’s value to the community. The relevance of ‘community value’ as a VSC was recently considered in a recent appeal decision for development within the Wakefield Green Belt5.

In his decision, the Inspector noted that the Appellant, the Scout Association, was “an important part of the community providing invaluable experience for local children” and that it was evident that fit for purpose premises were urgently required. He also agreed that the proposal, in this instance a new scout hut, would encourage social integration and equality between children.

We consider that the safeguarding of the ice centre as a much-cherished, 100% community facility is a VSC. If a replacement is not provided, the loss to the community will be significant. We also consider that the significant community benefit that could be realised through a new facility is a VSC as the proposed development would deliver increases in the level of community engagement and positive outcomes associated with the proposed replacement ice centre.

Community Value

A community facility is defined by the Council as a building which enables a variety of local activities to take place, and includes, but is not limited to, sport and recreation facilities6. Social infrastructure is defined as a wide variety of services which are essential to the sustainability and wellbeing of a community, and also includes sports and leisure facilities7.

The Council’s adopted Development Management Policies Local Plan (2013) (paragraphs 18.2 and 18.7) also describes social and community facilities as essential to sustaining viable, flourishing local communities and, that retaining a range of such facilities within the borough, is needed to support and enable community activity.

The Council’s existing sports, community and leisure facilities are recognised (within the supporting text to Policy DM17) as contributing to sustainable communities by providing venues for a wide range of activities and services. Furthermore, the Council also considers them to make “a significant contribution to people’s sense of place and community, learning and education”.

At a wider level, paragraph 3.110 of the adopted London Plan (2016) notes that sports and recreation facilities specifically are important parts of London’s social infrastructure, providing a range of social and health benefits for communities and neighbourhoods. It goes further to note that, backed by the Mayor’s Sports Legacy Plan, sports and recreation facilities will be given increasing prominence as part of the legacy of the 2012 Olympic and Paralympic Games.

The Mayor’s recent “Sport for all of us: Strategy for Sport and Physical Activity (2018)”

5 Appeal reference APP/X4725/W/18/3219434. 6 London Borough of Waltham Forest adopted Core Strategy (2013) glossary: page 243 7 London Borough of Waltham Forest adopted Core Strategy (2013) glossary: page 249; and Policy CS3 (supporting text)

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document, identifies that London lacks the community sports infrastructure it needs, with only half the number of leisure facilities per 100,000 people compared to the rest of the country.

The Mayor recognises the power of sport to unite and be the catalyst for improved social integration in the capital and has supported sports infrastructure with an £8.8 million investment into the ‘Sport Unites’ programme8. The programme seeks for sport to achieve various social outcomes, including empowering young people into positive lifestyles and addressing loneliness and social isolation amongst older people.

Essentially, there is an established line of thought that documents the value that community facilities, in particular sports facilities, have to the local community. The LVIC has been serving the local and regional community for over 34 years and is recognised by its users as an important resource for the community.

Enhancing Social Interaction and Skills

The Culture and Sport Evidence programme, led by the Department for Digital, Culture, Media and Sport (DDCMS) have published findings on the varied benefits of sport and exercise9. Inclusive within the key findings are the following:

• Sports programmes have the potential to strengthen social networks and community identity;

• Young people’s participation on sport improves numeracy scores and other transferable skills; and

• Sport programmes aimed at youths at risk of criminal behaviour can enhance self-esteem and reduce re-offending.

Team sports are also known to be an excellent and supportive environment in which to develop soft skills and build positive social relationships10. These skills include:

• Communication;

• Decision making;

• Teamwork; and

• Time management.

Team sports are also known to provide participants with a natural community and foster mentorship between older players and younger players, coaches and athletes. A report from True Sport11 concludes that that youths who play sports have higher levels of social support, and that the sense of community created with teammates, coaches, and family members incubates the perfect setting for critical self-esteem development. Furthermore, the Audit Commission’s report ‘Tired of Hanging Around’ (2009), identified how sport and leisure ‘interventions’ can prevent anti-social behaviour through the provision of ‘pathways’; the ethics of team working and personal discipline.

The evidence base for the Draft New London Plan includes a Town and Country Planning Association practice guide ‘Improving Culture, Arts, Sporting Opportunities through Planning: A Good Practice Guide’ (2013). The evidence shows that participation of underachieving young people (defined as those of primary and secondary school age) in sport related extracurricular activities has helped to increase their numeracy skills. On average it is stated that on average this is to levels 29% above those of non-participants. The document refers

8 The ‘Sport Unites’ programme incorporates the funding of key projects between 2018 and 2021 9 A review of the Social Impacts of Culture and Sport (2015) 10 George Lucas Educational Foundation: https://www.edutopia.org/discussion/social-and-academic-benefits-team-sports 11 True Sport: What we stand to lose in our obsession to win (2012)

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to Sport England’s ‘Active People’ survey which demonstrated that there is an increase in demand for opportunities to engage in sport which will have implications for local provision of facilities and services.

The benefits of participating in sport are therefore multi-faceted and significant. The existing ice centre supports a variety of sporting programmes, especially for young people, and this would be set to increase in the replacement ice centre, therefore increasing the benefit, through the proposed development. For one, the replacement ice centre will mean the continuation of provision of a safe location for young people to meet and participate in healthy sporting activities, helping to discourage local anti-social behaviour.

Public skating sessions at the ice centre attract families and groups of friends which encourages opportunities for social interaction, in line with the DDCMS research referenced above. Delivering a twin pad replacement will increase the number of public skating hours available thereby providing further opportunities for this.

As noted previously, the proposed replacement twin pad facility will provide further opportunities for a greater variety of ice sports, including team sports. Not only will this stimulate the interest and participation of children and enhance levels of sports participation in the Borough, it will increase the opportunity to become part of a team and the sense of community that it brings.

The sporting and social cohesion benefits afforded by the proposed development are a VSC in two ways: if the current ice centre is not replaced, the opportunity and therefore community benefit of ice time in Waltham Forest and East London will be lost; and because if the replacement twin pad facility is allowed, the opportunities for participation in sport will be significantly improved.

Reaching Target Participation Groups

Despite the recognised benefits of sport, Sport England find that at any one time 28% of people in England are inactive12 and, whilst anyone can be inactive, there are some groups in society who are less likely to take part in sport regularly. These include women and girls, the elderly, those with disabilities and those in lower socio-economic groups.

Females and young people aged between 4-15 are “target participation groups” identified by Sport England, classified as such as they are particularly under-represented in sport. Almost all other sports have a strong age and gender imbalance with 1.5 million more men than women taking part in sport. IPW… estimate that the provision of a twin pad facility will increase the number of women and girls visiting the replacement ice centre by 97,000 in the first year. This is a significant number. The surveys undertaken as part of the submitted socio-economic study found that approximately 53% of visitors to the current ice centre are aged between 4-15 years, 23% are aged 25-44, 20% are over 45 and 64% of visits are female.

There is potential to encourage over 55s to make use of the new centre, which may be a possibility through the non-ice facilities which are not currently provided. 75% of respondents indicated that they were likely to use the outdoor areas and 42% of non-users indicated that they would be likely to use the centre which will provide new facilities not currently on offer.

More than 5,500 visitors with disabilities currently use the ice centre every year. It provides a vital outlet for exercise and social interaction. People with disabilities are twice as likely to be physically inactive than non-disabled people. With the addition of a new pad, IPW expect that more than 7,000 skaters with disabilities will participate in the first 12 months.

Currently 31% of skaters are from a Black, Asian and Minority Ethnic (BAME) background which is a stark contrast to 11% from a BAME background taking part in sport as a whole across the UK. There was an increase in use of the ice centre by ethnic minorities from

12 Sport England: Towards an Active Nation Strategy 2016-2021

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2017/18 to 2018/19 which appears to be continuing. This high figure is a testament to the success of the current ice centre and the inclusivity of ice skating as a sport. The proposed twin pad facility will allow more skaters from a BAME background to participate and, encouraging BAME involvement in ice-related sports.

In summary, the current ice centre is a vital facility for groups that have historically been under represented in sports. The closure of the ice centre will have a disproportionately damaging impact on groups that can be marginalised. Conversely, the new twin pad facility will provide more opportunities for people who often miss out on enjoying sport and exercise to participate.

Making Sport More Accessible

The provision of new ice sports secured by an additional ice pad will widen the appeal of the ice centre to a greater catchment.

The Mayor of London’s Sport for Stronger Communities research document advocates offering different or less mainstream sports so that participants have more options to choose from, in a bid improve social integration in London through sport.

Making it easier for Londoners to find the right physical activity for them, to stay engaged with it, and achieve their potential, is also one of the ways in which Sport London seeks for London to become the most physically active city in the world13. Harnessing the power of elite sport to create sustained grassroots activity and inspire the next generation of talent also forms part of Sport England’s agenda. This is particularly important to encourage an active interest in physical activity from a young age.

The proposed replacement twin pad ice centre will therefore be an important part of Sport London’s blueprint. Indeed, there is currently no ice rink in London that accommodates sledge hockey, which can be accommodated with a twin pad.

The wider the range of sports on offer, the more chance that Londoners will find a physical activity that is right for them, stay engaged with it and achieve their potential.

In short, providing opportunities for additional sports will attract regional, national and potentially international coaches and teams to play and train at the venue. This will create significant sporting opportunity with a draw across the entire capital.

In line with the national Planning Policy Guidance (PPG) Paragraph 028 Reference ID: 21b- 028-20150901, local authorities need to give consideration as to whether a children’s best interests are relevant to the planning issues under consideration. In this case, the benefits of the replacement community sports facility will be a huge benefit to the younger generations for years to come. The determination of the acceptability of the proposed development should take into account Paragraph 028 of the NPPG.

As stated in Paragraph 5.22, young people aged between 4-15 are a “target participation group” identified by Sport England, classified as such as they are particularly under- represented in sport. On this basis, it is the duty of the local authority to give consideration to the best interests of young people to get involved in a wider range of sports. This target group will be disproportionately impacted if the LVIC closes but would be positively benefited if the new ice centre is built.

Culture and Sports

In February 2018, Waltham Forest was named as the first London Borough of Culture for 2019, a Mayor of London funded initiative inspired by the UK City and European Capital of Culture programmes. The award seeks to highlight the character and diversity of London’s

13 Sport London’s ‘Blueprint for a Physically Active City’

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boroughs.

The Waltham Forest Cultural Strategy 2010-2030 sets out that the scope of the cultural strategy includes sport and leisure. There are four priorities that relate to the strategy:

1. The first seeks to increase participation in sport across the borough’s diverse and changing populations.

2. The second seeks to generate wealth in the borough through culture.

3. The third seeks to retain wealth in the borough by providing attractive and high- quality sport and culture opportunities.

4. The fourth seeks to build capacity to make possible the implementation of this ambitious strategy.

The proposed development of a regional sport facility will provide greater opportunity for ice time for public skating, clubs and elite training which is available to the borough’s community and beyond. The submitted Socio-Economic Study found that over 54% of the existing ice centre employees live locally. The local employment opportunities associated with the proposed development will ensure that there is a boost to the local economy for years to come given this will be a more attractive visitor hub providing a state-of-the-art sport facility. The proposed development will increase capacity of local people to get involved in sport and is therefore in line with the four priorities of the borough’s cultural strategy.

As set out in key industry research documents including the Review of the Social Impacts of Culture and Sport14, as well as the Changing Lives: The Social Impact of Participation in Culture and Sport Report (May 2019)15, there is a positive effect of sport, culture and wellbeing and there is a positive link between culture, creativity and sport.

As part of the Mayor’s Culture Strategy (2018), priorities include to ‘Love London’, meaning to bring communities together, particularly in times of celebration. For example, the 2012 Olympic Games is a successful example of communities celebrating sports, and how a sports event has created a lasting legacy for London. The world class facilities delivered for the Games are a key part of its legacy.

The Park Authority plays an important role in contributing to the London 2012 Olympic Legacy Programme and the Park Authority has an unrivalled track record of delivering world class facilities in the Park. Paragraph 3.11 of the Core Strategy states that as a result of the success of the 2012 Olympics, Waltham Forest now forms part of a centre for national sporting excellence. Furthermore, one of the strategic objectives of the Core Strategy (SO11) is to increase the attraction of the area as a tourist destination, based on its unique assets, and the opportunities offered as a host Borough of the Olympics. Overall, the proposed development will provide a major contribution to sporting excellence nationally and will provide a state-of-the-art attraction.

For example, the Lee Valley White Water Centre has been hailed by the International Canoe Federation as “one of the very best white water facilities in the world”.

Similarly, the Lee Valley Hockey and Tennis Centre at Eton Manor, has gained similar accolades from England Hockey and has become the venue for national events and international tournaments. Of the Hockey and Tennis Centre, England Hockey, the then chief executive Sally Munday commented that: “having a facility like this is a fantastic tool for us to engage the public with our sport and really stimulate some national pride in supporting England's hockey teams”.

The Park Authority’s aspiration for the replacement ice centre is no less and seeks for the

14 Review of the Social Impacts of Culture and Sport (March 2015) commissioned by the Sport Industry Research Centre 15 Changing Lives: The Social Impact of Participation in Culture and Sport Report (May 2019) report, published by the House of Commons

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proposed ice centre to be an exemplar facility. This aspiration has been carried forward in the proposed development. It will be an exceptional facility, both in terms of appearance and function, as have been the venues delivered elsewhere across the Regional Park. A replacement state-of-the-art ice centre will bolster the sporting opportunities now available as part of the legacy of the Olympic Games and continue to encourage Londoners to participate in sport and healthy lifestyles.

Park Authority Community Programmes

The Park Authority have a proven track record of delivering targeted community sports and physical activity programmes across the Region. This has been endorsed externally over a number of years with the Authority’s Active Communities Team being one of the first organisations across the country to receive the Quest Active Communities Stretch ‘Outstanding’ award; Quest is the Sport England recognised quality and performance standard for the sport and leisure industry.

The Park Authority’s Community Access Fund (CAF) is an excellent example of its commitment to community sport and physical activity delivery. The Park Authority is passionate about trying to ensure that people across the Region have equal opportunities to access its venues and open spaces but recognise that many barriers to participation do exist. The CAF aims to reduce these barriers (namely cost, access and transport) and to specifically engage community groups and individuals who are less likely to participate or be physically active.

Since 2015, Over 230 different community groups and organisations have accessed CAF provision (none had previously taken part in activity within the Regional Park and venues and the majority found taking part in sport and physical activity very challenging). The CAF has allowed the Authority to develop longer-term relationships with these groups. Particularly, of the 13,500 individuals that have been supported through CAF, 55% of these participants are from BAME communities and 20% of these are individuals who are registered as disabled.

The Park Authority also continues to use local ‘insight’ to support the delivery of active communities’ programmes that benefit people from across the region, enabling it to work with partners to meet local community priorities. For example, the Park Authority works to support Hackney Council’s New Age Games programme which aims to work with older people to encourage them to take up physical activity and stay healthy. The majority of participants on this programme have previously been inactive, however, now regularly engage in tennis and other health-based programmes based at the LV Hockey and Tennis Centre. The programme continues to grow, and the impact of the programme is positive, with multiple health benefits being recorded.

The ‘Cycling for Health and Older People Programme’ engages with GPs and health practitioners from across East London to signpost those less active or with various health issues to 1-to-1 and group cycle training and riding opportunities. Using the VeloPark as a hub, over 150 people have participated, with many referrals coming from health professionals. Many participants had never ridden a bike and started the project with some very complex health issues. The project has encouraged sustained participation.

There are reports of some issues with anti-social behaviour and crime around the existing centre going north but there are larger issues with crime in some parts of the borough and in neighbouring Hackney, specifically involving anti-social behaviour and violent and sexual offences. Research shows that anti-social behaviour can be reduced where young people have something to do, particularly physical activity.

The Park Authority continues to use sport and physical activity as a tool to help reduce crime and anti-social behaviour. For example, the community diversionary partnership project with Broxbourne Borough Council seeks specifically to help reduce the level of crime on the Holdbrook Estate, directly opposite Lee Valley White Water Centre. The project encourages young people to try water based sport at Lee Valley White Water Centre, to build their self- esteem. The outcomes of the project are that crime figures on the estate have massively

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reduced, which exemplifies effective partnership working, using sport and physical activity to facilitate positive social change.

As an organisation, the Park Authority also prides itself on the impact it achieves across its diversity programmes. The Open Court initiative encourages people with various disabilities to take up tennis, with programmes for wheel chair tennis, mental health tennis, learning disability tennis and dwarf tennis. Delivering this programme at Lee Valley Hockey and Tennis Centre enhances the lives of many individuals, contributing to improved physical and mental health and enables considerable NHS cost savings. The impact of the programme is endorsed by various partners. In 2018 its mental health programme received the LTA Disability Programme of the Year award, and one of its key supporting organisations (Core Arts) received the London Sport Community Club of the year.

The Park Authority partners with key organisations from across the region. It has service level agreements with London Youth, a charity championing young peoples’ voices, deafblind charity Sense and Bikeworks a social enterprise and All Ability Cycling Club and will look to develop these agreements with other organisations. The SLA with Bikeworks aims to make a difference to the lives of people from disadvantaged backgrounds. Through this partnership there are a number of programmes which increase participation and reduce inactivity, including one for people with mental health issues; a weekly arrive and ride session; and weekly outreach sessions for specific disability groups. During 2018, 93 separate sessions were delivered with 40% female participation and 90% of participants recorded as having a mental disability.

The Public Sector Equality Duty (PSED) as set out in Section 149 of the Equality Act 2010 (EqA) states that authorities have a statutory duty to exercise their functions to have due regard to the need to eliminate discrimination and advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it. The replacement community ice centre will provide a platform to advance ice sport opportunities for those sharing protected characteristics and should be supported.

Community Use Agreement

A Community Use Agreement (CUA) will be provided to ensure community access to the replacement ice centre.

As noted in Section 8, the Inspector and the Secretary of State in considering the Harrow School appeal found that the inclusion of a Community Use Agreement was a clear benefit to the local community for both public and private bodies, families and individuals. The Inspector found that this benefit directly accruing from the proposal should be afforded very substantial weight (Inspector’s report, paragraphs 105 and 106).

The replacement ice centre will wholly be for the benefit of the local community and the wider catchment and this will be mirrored in the CUA. The benefits of the development will only be achieved if the proposed development comes forward.

Socio Economic Benefits

To support the assessment of how the proposed development could contribute further benefits to the community through participation in sport, a dedicated report was commissioned to look into the socio-economic benefits of the twin pad facility. This has been submitted in support of this application. This report takes into account the comparison of benefits between the existing facility and the proposed replacement twin pad ice centre.

There are significant socio-economic benefits associated with the delivery of a replacement twin pad ice centre. As set out above, the existing ice centre attracts a diverse user base, with a third visitors coming from Waltham Forest and Hackney. The remaining two thirds travelling from the rest of London, the wider region and other parts of the country. The ice centre also performs well in engaging Black, Asian and minority ethnic people (BAME), young people and high proportions of female users across the ages. The Lee Valley Ice Centre therefore serves not only a wide geographic area but appeals to all members of our

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community.

The proposed replacement ice centre will be able to attract an even wider range of users and be able to provide further ice time and an increased programme, due to the provision of a second ice pad and associated ancillary facilities. The Park Authority has a proven track record of increasing participation at its venues and in the Park more widely and this increased participation will deliver significant community benefit through encouraging community cohesion and the advantages of being involved in sport. Adding to this, the report finds that due to the provision of greater links to the surrounding open spaces, the community are more likely to use these and enjoy the wellbeing benefits of using open space.

The report also looks at the benefit in the context of reducing anti-social behaviour. The role of sport in doing this can be seen in examples within and outside of the Park Authority’s sports venues, and it is found that a similar impact could be had through the proposed development. Given the high proportion of young people using the facility, the replacement ice centre has the opportunity to further expand its programme for younger age groups to positively influence the levels of youth crime in the local area, which the statement notes to be high around the existing ice centre.

It is recognised in Local, London-wide and national policy guidance that engagement in physical activity and sport has significant social and economic benefits. A third of the population is not active enough. These new facilities can help change attitudes, particularly amongst groups that are hard to reach and influence, such as BAME groups and girls and women. The redevelopment of the existing ice centre provides a significant opportunity to provide such improvements to its regional community.

In economic terms, the proposals will support additional local jobs during construction and operation as well as extra spending, output and tax revenues. A total of 105 construction jobs would be created through the construction of the proposed development, triggering £165,000 in construction workers spending per year of the construction period. An increase in visitor expenditure of £1.5m is expected in the local area each year, helping it to remain prosperous and vibrant, with worker expenditure also expected to increase by £30,000 per year. The increased business rates revenue would be an increase on the current amount by £23,000 per year. Up to 45 additional jobs will be created compared to the existing facility and half of the ice centre’s staff are expected to live in Waltham Forest and Hackney. These increases in spending in the local economy also provide a significant community benefit from the proposed development.

Summary

Overall, the value of the proposed development is significant, using ice sports as a way of enhancing social interaction of skills, reduce anti-social behaviour and increasing accessibility to wider community groups. The proposed replacement ice centre is community facility. A state-of-the-art ice sports facility provides opportunities for the community to get involved in ice sports. The new ice centre will enable the facility to reach target participation groups that have been identified by Sport England as being less likely to participate in sport. The proposed development will be a successful community facility, providing a wider range of sports possibilities and ice time that is more accessible, for the enjoyment of Londoners in line with the Park’s statutory remit.

The proposed replacement twin pad ice centre provides the platform for the Park Authority to use their excellent experience in co-ordinating programmes that benefit the community to expand the reach of the ice centre to more of the community.

As confirmed in Section 8, the Harrow School Inspector placed very substantial weight to providing community access to a new sports facility in assessing the VSL in that case. We consider that the benefits in terms of community access and use from the proposed development set out in this Section should similarly be afforded very substantial weight in the VSC case.

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The sporting and social cohesion benefits afforded by the proposed development are a VSC in two ways: if the current ice centre is not replaced, the opportunity for ice time in Waltham Forest and East London will be lost; and because if the replacement twin pad facility is allowed, the opportunities for participation in sport will be significantly improved.

We consider that the benefits in terms of community access and use from the proposed development set out in this Section should similarly be afforded very substantial weight to the VSC case.

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12. Delivering Health Benefits

The need for the planning system to support healthy communities is embedded into national planning policy from a very early stage. Paragraph 8 of the NPPF states that the social objective of the planning system is to:

“to support, strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well-designed and safe environment, with accessible services and open spaces that reflect current and future needs and support communities’ health, social and cultural wellbeing.”

Paragraph 91(c) also states that decisions should aim to achieve healthy places which:

“enable and support healthy lifestyles, especially where this would address identified local health and well-being needs-for example through the provision of…sports facilities.”

Therefore, the delivery of community and sports facilities to enable opportunities for sport and physical activity forms a core aspect of the NPPF.

Physical activity improves health

There are strong links between physical inactivity and negative health outcomes. In the UK it is estimated that physical inactivity causes:

• 10.5% of coronary heart disease cases; • 18.7% of colon cancer cases; • 17.9% of breast cancer cases; • 13.0% of Type 2 diabetes cases; and • 16.9% of premature all-cause mortality.16

There is a range of evidence to suggest a link between physical activity through sport and improved health.

The Department of Health and Social Care17 indicates that adults should engage in physical activity for at least 150 minutes (2½ hours) per week. Increasing the physical activity of a diverse mix of local residents will result in positive health outcomes in the LBWF and the London Borough of Hackney where it is needed. Conservative estimates suggest this will be worth c. £10m each year in health benefits over and above the existing ice centre.

Sport England’s findings18 suggests that only 30% of the UK population are active enough for their health. Sport participants are 14.1% more likely to report good health than non- participants and recorded benefits include reducing the risk of type 2 diabetes, coronary heart disease and many mental health conditions. Active lifestyles are also more likely to reduce the likelihood of someone being affected by depression by around 30% according the Active People Survey 2015/16.

The Mayor’s approach to sport in London is set out in the ‘Sport for all of us: The Mayor’s strategy for sport and physical activity’ (2018). This states that 38% of adults do not meet the

16 Lee, I., et al., 2012. Effect of physical inactivity on major non-communicable diseases worldwide: An analysis of burden of disease and life expectancy 17 Department of Health and Social Care, 2011. UK Physical Activity Guidelines 18 https://www.sportengland.org/our-work/partnering-local-government/scenarios/how-do-i-demonstrate-the-benefits-of-sport-to- health-improvement/

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Chief Medical Officer’s physical activity guidelines (Health Survey for England 2016). In his strategy, the Mayor wants a clear link between major sports events and community sport. The document highlights that London has around half the number of leisure facilities per 100,000 people as the rest of the country (Turning the Tide of Inactivity). The Mayor’s strategy concludes that sports brings with it a wide range of health benefits.

The Mayor’s strategy clearly shows that there is a need for sports facilities in London. With local authorities under increasing budgetary pressure, there is an inevitable shortfall in the funding for new or improved leisure and sport facilities. The proposed replacement ice centre will encourage and support active lifestyles, having positive effects on both physical and mental wellbeing.

Improving access to sports facilities can improve health outcomes in certain circumstances. As set out in a literature review written by the King’s Fund exploring the evidence base behind linking health to green space and new leisure facilities:

“Increasing access to leisure and sports facilities for local residents can also have much wider impacts. Analysis of Birmingham’s city-wide Be Active programme suggests that up to £23 is recouped for every £1 spent, in terms of better quality of life, reduced NHS use, productivity gains, and other gains to local authorities (Marsh et al 2011). Economic modelling suggests this kind of intervention is a more cost-effective way of improving health through physical activity when compared with most medical interventions (Frew et al 2012). Other pricing initiatives, such as free swimming (Audrey et al 2012), also attract a high proportion of people from disadvantaged backgrounds, supporting health inequality reduction.”

This study is based on improving access to existing facilities and the Be Active Programme had a specific focus on broadening access to disadvantaged groups.

Physical Activity and Sport Strategy for Waltham Forest 2017-2021

This Council strategy confirms that 70% of Waltham Forest residents are inactive and 30% are obese.

The strategy aims to provide new physical activity, sport and leisure opportunities appropriate for all residents in order to increase the amount of physical activity undertaken by residents of all aptitudes and to communities who do not normally engage.

To encourage good health, the strategy seeks to provide opportunities for residents and visitors to watch high tier sports competitions and encourage them to try out new activities. It aims to provide opportunities for talented individuals and teams to compete in regional competitions.

The document endorses strategies prepared by partners that are important to the Council to take their strategy forward, including the Lee Valley Regional Park Authority.

As confirmed at Paragraph 3.2 of the strategy, the sports strategy meets the Council’s objectives in a number of ways and the ice centre would be supportive of both by:

• contributing to a sense of identity by giving the community the chance to come together through sports

• using Waltham Forest’s unique assets as an Olympic host borough to market the borough as a destination

• increasing physical activity to improve the health and wellbeing of residents

• maintaining high quality parks, green spaces and affordable, modern leisure centres.

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Health and Wellbeing Benefits

In the context of the need to focus on improving health outcomes and the key role that sport has to play, the proposed ice centre will build on the existing provision to enable further opportunities to influence healthier lifestyles for a wider area of London. An increase in ice time not only increases opportunities for skaters to be on the ice but also creates an opportunity to attract visitors to a wider variety of ice sports. This accords with what is obviously a key priority in local and regional policy, as well as national policy outline above, with Policy CS13 of the LBWF Core Strategy, which requires all development to set out how it contributes to improving health outcomes and Policy 3.2 of the adopted London Plan which seeks to support health inequalities and requires new development to improve health and encourage healthy lifestyles.

In addition to the twin pads, it is also proposed that the replacement ice centre will provide a fitness centre and a exercise studio. These will enhance the existing leisure offer at an existing leisure destination, encouraging new visitors to the site and promoting more active lifestyles, particularly in an area which is seeing a significant uplift in population. The Socio- Economic Report submitted with this application confirms that the proposed replacement ice centre will provide £10m a year in health benefits over and above the existing ice centre, as a result of the increase in physical activity and resultant health benefits.

There are a variety of benefits associated with ice related activities including better balance, improved joint flexibility, cardio and endurance as well as more mental health benefits such as stress relief, self-confidence and mental fitness. Ice skating, for example, is an aerobic exercise that focuses on lower body movement and balance. This applies to other ice sports as well as the endurance required to compete in ice hockey games as an example.

As well as providing new opportunities to use the ice, the gym and the exercise studio, the design of the proposed replacement ice centre will enable easier and more pleasant access to the wider marshes. Access to open space, sport and leisure facilities is proven to have health and social benefit through encouraging social activity and community cohesion. There is a London-wide shortage of leisure facilities and a specific under provision of ice facilities.

In terms of mental health, the National Ice Centre Nottingham identifies their ‘Top 3’ ways ice skating can benefit mental health. They state that ice skating is a great stress reliever as the focus is on staying on your feet rather than other thoughts and stresses of the day. It also states that the sport releases ‘happy chemicals’ by encouraging the brain to release endorphins. They also state that ice skating is a confidence boost and a social activity that allows one to master a new skill. The National Ice Centre iterates that exercise has been proven to have beneficial influences on depression, anxiety and ADHD.

In summary, the physical and mental health benefits for current and future generations outweigh the harm caused by inappropriate development in MOL.

Summary

There is overwhelming evidence that participating in sport has a positive effect on health. The regional demand for more ice time means that the proposed development will be able to deliver increased benefits to a regional population’s health and wellbeing. The expansion of activities at the ice centre and its ability to attract a wide user base will have long-term health benefits for the community. This extends to positive outcomes with regards to mental health and those associate with better access to the surrounding areas of open space.

Being cognisant that 70% of Waltham Forest’s residents are inactive, and 30% are obese, the proposed development’s ability to contribute to increasing health benefits for the local and regional community should be regarded as a VSC that should be given significant weight by decision makers.

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13. Improving the Quality of MOL

Although the replacement ice centre will increase the amount of built development on MOL, the proposals overall will deliver significant benefits to the MOL in this part of Lea Bridge Road. These benefits will be delivered through:

• Improving the visual appearance by replacing a tired and unattractive building with a new high quality, integrated design;

• Improving the sense of openness by changing the orientation of the building;

• Improving the landscaping in the area; and

• Improving the biodiversity and ecological value of the site.

These improvements are all material considerations which weigh in favour of the application and which can individually or cumulatively be regarded as VSC which can justify development on MOL.

Improving the Visual Appearance

The replacement ice centre will be delivered on the site of the existing ice centre. The site already has inappropriate development located on it. Any harm caused by the replacement ice centre must be in the context of the impact of the existing ice centre on the MOL. The existing ice centre is a tired and unattractive building that is at the end of it useful life. The replacement ice centre will improve the visual appearance of the area. Core Strategy Policy CS15 seeks to achieve high quality architecture and urban design from new development proposals to create both attractive and functional developments. Development Management Policy DM29 refers to the Council’s expectation for a ‘high standard’ of design for new development.

Despite a relatively modern residential development at Essex Wharf, the surrounding area is not renowned for high quality design and the current ice centre itself detracts from the setting of the local area.

The Park Authority are committed to providing high quality architecture and the facility will be exceptional, both in terms of appearance and function, as has been delivered at other facilities across the Regional Park by the Authority. This would also improve the wider townscape of this part of Lea Bridge, which is a gateway into the Borough from the west.

High quality design is a clear priority in planning policy applying to the site. Policy CS15 of the Core Strategy requires proposals to ensure the highest quality architecture and urban design, providing attractive and functional developments that respond to local context and character. This requires a design-led approach to redevelopment. Policy DM29 of the Development Management DPD supporting development with a robust design rationale, appropriate and legible connections with its surrounding uses, and that is visually attractive and uses high quality materials. This approach is reflected in the emerging Local Plan draft Policy 62.

Ensuring a sensitive and high quality design for the proposed ice centre has been a key aim of the process. To deliver an exemplar design, the Park Authority instructed the architects and designers FaulknerBrown. FaulknerBrown have a national and international reputation for delivering high quality sports and leisure facilities.

FaulknerBrowns’ design has evolved with important and helpful input from LBWF’s Design Officer and the Waltham Forest Design Advice Panel. Further details regarding the design is

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set out in the Design and Access Statement.

The orientation of the replacement ice centre has been changed from the layout of the existing building to promote connectivity through the site and minimise the visual impact of the ice centre when viewed from the marshes and the roadside. The visual impact is reduced in part from the nature of the design of the building and also as the shorter side of the building is facing the road and is viewed from former marshes to the north, rather than the longer side. The proposed layout creates greater permeability for the public using the area and creates a central public arrival space at the entrance to the facility. This reinforces the ice centre as a part of the wider Regional Park and green infrastructure network in Waltham Forest and beyond by allowing it to be both a community resource and a gateway to other uses. This central space will be the core of the site and creates a positive relationship between the public realm of the site with the proposed building, and surrounding area, in line with London Plan policies on design (Policy 7.4 and 7.6 in the adopted London Plan, Policy D2 in the emerging).

To accommodate two ice pads, the building must be substantial, but the architecture seeks to under-state its mass by having a band formed of lightweight metallic cladding which wraps around the building above a plinth made of an internal fair-face paint grade blockwork with a cavity wall and a non-loadbearing gabion wall, which provides the exterior finish. The plinth has both a practical and aesthetic function, providing an impact resistant base at ground floor whilst the gabion wall visually ‘roots’ the building and provides an opportunity for landscape and biodiversity to inhabit the elevation.

The band rises and falls gradually, both geometrically and vertically, from corner to corner which provides a different emphasis on each façade, with a higher lift and greater protrusion over the building entrance. This warm copper-coloured finish is proposed as this responds to the natural setting of the building and will ensure that the design does not feel over- bearing or industrial despite its scale. This finish integrates the building with its natural environment and the slightly reflective material proposed will provide a varied, pleasing effect throughout the day for those visiting and viewing the ice centre.

There are a series of vertical slot windows interspersed along the south elevation to give an opportunity to connect to the external environment when inside the ice centre. This articulation along the elevation reduces the visual mass of the building and gives passers by a glimpse of the internal activity. The location and glazing of these openings is controlled to avoid negative impacts on the surroundings from light pollution. There is a glazed elevation at the entrance to the facility that provides a double height window into the entrance foyer.

In response to comments from the Design Advisory Panel, the proposed design has evolved to respond to both the internal use as an ice sports facility and its context within the Regional Park. The curved shape is designed to relate to the curved corners of an ice hockey pad, whilst the use of a plinth elements allows the breakdown of height and scale to minimise the impact on the landscape and relate to the flat landscape of the marshes. The building has practical requirements that have influenced the design such as the incorporation of fridge panels and wall finishes that can withstand impact from ice skates. However, the focus of the proposed design has been to provide an elegant structure using high quality materials that integrates into the surrounding landscape. This vision has shaped the design development and as a result, the height of the proposed ice centre is 1.8m lower than the existing building, further lessening the landscape impact.

The Park Development Framework requires all development proposals to demonstrate how their design, layout and materials respond to the character and qualities of the landscape. The proposed design addresses the site context and provides a sensitive design in line with this requirement.

The layout of the ground floor, with two pads and a central area for facilities, was chosen in line with the strategy to re-orientate the building, as noted above. This layout also supports the chosen construction phasing to provide as much continuity in ice time as possible. The

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entrances and layout of the changing rooms ensures safe accessibility for wheelchair and ambulant users. The ice centre is designed so that disabled skating and sled hockey are supported activities, allowing disabled users to participate also and ensuring an inclusive environment. An eight person lift is provided to five wheelchair access to the gym and spectator seating concourse. The design is, therefore, compliant with local and regional design policy.

An appeal decision in Bromley (ref. APP/G5180/W/18/3206569), which granted planning consent for housing on an MOL site considered whether good design is relevant in considering inappropriate development on MOL. The Inspector concluded at paragraph 37 that:

“I have noted the lpa’s submission that good design is indivisible from the policy context. That said, the wider area is not blessed with good quality architecture/layout and the appellants are to be commended for engaging an architect and practice of national and international repute. The building is of high architectural quality and the site layout would contribute to a significant improvement of the townscape of this part of Lower Sydenham. Accordingly, significant weight attaches to the architectural and townscape quality of this scheme. It is agreed that moderate weight attaches to the economic, locational regeneration benefits of the scheme.”

In our view, the replacement Ice centre is of high architectural quality and the scheme will increase the townscape of this part of Lea Bridge Road. Therefore, significant weight should be afforded the architectural and townscape quality of this scheme.

Landscaping Improvements

The principal aim of the proposed landscape design is to maximise the overall site biodiversity and promote an environment that connects visitors to nature whilst providing a strong ecosystem on the site. The provision of high-quality landscaping is acknowledged to have an impact on the provision of a healthy environment and a pleasant user experience. It has also been identified by the Park Authority as important in mitigating against any harm caused by an increased building footprint and massing. The landscape design extend the marshes are extended southwards by creating a link between Lea Bridge Road and Leyton Marshes using appropriate native planting.

The Landscape and Visual Impact Assessment has been prepared by LDA Design and is submitted with the proposals. This provides an assessment of the proposed design against the existing landscape context. Clearly, the assessment of harm to the landscape must be based on a comparison between the existing ice centre. Overall, it confirms that the landscape and visual effects of the proposals on MOL and the replacement will be an improvement compared with the existing situation, as delivering a replacement facility creates the opportunity to improve visual and physical connections from Lea Bridge Road into the Leyton Marshes and open areas of the Lee Valley Regional Park.

The design of the proposed outdoor area comprises of the car park in its existing location to the west of the ice centre, with a revised design that allows for pedestrian footways, planting and reduced number of space, with a central pedestrian area that provides a connector space between the car park and the ice centre building in the east. This includes a water feature in front of the main entrance and café. The water feature will help to soften the visual impact of the building by making the connection between the proposed development and the adjacent River Lea. The enhancement of entrances to the Park is a key priority in the Park Development Framework (Policy A1 and A5 of Strategic Policies document) and the public realm proposals for the site will encourage users to use to wider open spaces and provide a high quality environment.

Significant new planting is proposed in the public realm and parking areas, in line with DM30 and Policy DM13 of the adopted LBWF Development Management document and Policy 84

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of the emerging draft Local Plan. Native species that are rich in ecological diversity have been selected for their qualities in providing a landscape that is associated with riverine and meadow contexts.

There is some hard landscaping on the site associated with pedestrian walkways, car parking and deliveries and servicing area. A coloured asphalt will be used for the car park which will contrast with coloured asphalt used for pedestrian priority footways and the entrance and terrace area.

Further information on the landscape strategy and specifics relating to proposed species and features are set out in the landscaping scheme (including landscaping plans) which is included in the Design and Access Statement, Ecological Appraisal, Biodiversity Impact Assessment and BREEAM Assessment, prepared by LDA Design.

The proposals also seek to significantly enhance the landscape quality surrounding the building by removing areas of grasscrete, most of which is currently used as areas of overflow car parking and replacing these with a high quality, species-rich meadow. Swales will be introduced within the retained car park, to introduce natural elements into this previously hard-landscaped area. Not only will this return a poor-quality area used as an overflow car park to a high quality meadow, address the current adverse impact on openness of the MOL caused by the temporary parking and associated traffic movement in this part of the MOL. Furthermore, the increase in building footprint has been partially mitigated by the 776sqm reduction in the extent of hard landscaping through the proposed development. This area will be planted to create a wild flower meadow.

There is a level of moderate adverse impact identified on the landscape character of the site, affecting two of the views included in the draft Lee Valley Regional Park Landscape Character Assessment and Landscape Strategy. These effects would reduce over time as the proposed planting, along with existing young planting within the site, matures. This would reduce the impact from moderate adverse to slight to minimal. There are no impacts on any designated landscapes or specific viewpoints. The Park Development Framework, Policy L2 of the Strategic Policies document, requires new buildings to be designed and assessed appropriately to their landscape context and this requirement has been satisfied through the assessment.

There is a significant amount of new tree planting proposed on the site. On balance, therefore, the significant and well thought through landscaping proposals will address the landscape impact of the larger building and overall, has a positive impact on the local environment and the MOL.

Improving Biodiversity

The new ice centre is adjacent to land designated as a Site of Metropolitan Importance to Nature Conservation (SMINC). Indeed, existing plant for the ice centre encroaches onto the SMINC. The proposed replacement ice centre has been positioned to avoid encroachment onto the SMINC. Fundamental the Park Authority’s approach to this project has been the need to make improvements to the visual (as explained in the previous Section) and ecological quality of the site, the SMINC and the wider Regional Park. There will be clear net gains of biodiversity. We explain these improvements to biodiversity in this Section.

The existing site is dominated by low quality amenity grassland and hardstanding, with an area to the west of the site adjacent to the boundary providing a dense scrub and woodland habitat. The Phase 1 Ecological Assessment of the site identifies that the site is largely unsuitable for protected and/or notable species habitats.

The landscape design ethos has been to extend the marshes southwards by creating a link between Lea Bridge Road and Leyton Marshes to the north using appropriate native planting also has significant ecological benefits. The design of the proposed outdoor area will also introduce a permanent and temporary wetland habitat through the site, both through the use of ponds and reed beds as well as swales within the car park. The introduction of new

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habitats and promotion of biodiversity complies with local and regional policy on biodiversity and nature conservation, (see Policy CS5 and Policy DM36 of the LBWF Development Plan and Policy 7.13 and Policy 7.19 of the adopted London Plan). This approach to the protection and improvement of biodiversity and increasing access to nature is upheld in emerging local and regional policy (see Policy 84 of the LBWF draft Local Plan and Policy G6 of the emerging Draft New London Plan).

Providing New Trees and Vegetation

The site is characterised by a number of individual trees and tree groups, as well as scrubland vegetation, around the ice centre. The site boundary around the former marshes, the car park and Lea Bridge Road. There are no tree preservation orders in place within the site, but it is acknowledged that the trees contribute towards the current setting of the ice centre.

The ecological improvements as part of the proposed development have strived to maintain as many of the existing trees and as much planting as possible. Therefore, 97% of the existing scrubland vegetation will be retained in the proposed scheme. The project team identified 20 trees on the site that will be removed. The trees are all of low arboricultural merit and of insufficient value to be a significant design restraint. A total of 33 existing trees will remain on the site. There will be a significant native tree planting programme as part of the landscaping improvements that will include a number of high-quality saplings. In total, an additional 143 trees will be planted, giving an overall total of 176 trees, an increase of 123 trees. This will vastly increase the greenery and ecological value of the site.

The proposed development will retain 6,690sqm of the existing vegetation on the site, with only a small reduction of 184sqm from existing to allow for the optimum functioning of the proposed development. The proposed landscaping scheme, therefore, addresses the need for continued and enhanced green infrastructure and urban greening required by London Plan Policies 5.10 and 7.4. It prioritises upholding the integrity of the current natural environment on the site whilst targeting improvements through new tree planting and other landscaping improvements noted above.

As confirmed in the previous Section, 776sqm of that is currently overflow car parking will be reinstated as wildflower meadow.

The biodiversity improvements are summarised below:

• Individual trees to be removed: 20. (all of which are of low arboricultural quality);

• Quantum of existing vegetation to be removed: 184sqm;

• Individual trees to be retained: 33;

• Quantum of vegetation to be retained: 6,690sqm;

• Proposed new trees: 143; and

• Quantum of overflow car parking to be reinstated as wildflower meadow: 776sqm.

Since 20 trees are to be lost, and will be replaced by 143 new trees, the replacement ratio is over 7 new trees for each tree lost. The Council have undertaken to seek five replacement trees for everyone one lost through development, although this is not yet been reflected in planning policy. Therefore, the Park Authority’s replacement provision exceeds the Council’s aspirations.

Native tree planting will reflect the surrounding landscape and be positioned carefully to enhance habitat connectivity with local nature reserves and riverbank woodland. Within the

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car park a selection of native shrubs is proposed to provide screening, and the hard landscape will be further softened by swale planting. As explained in Section 8, the Inspector considering the proposals at Harrow School noted that under s197 of the Town and Country Planning Act 1990, as amended, which seeks to include appropriate provision for the preservation and planting of trees. The Inspector concluded on that case that:

“In the provision of trees at a ratio of 3:1 for each lost tree, the proposal provides a significant opportunity for the appeal site to provide a tangible net biodiversity gain for a multitude of bird, mammal and invertebrate species on and near to the appeal site”. (IR paragraph 135).

The Inspector concluded in the Harrow School case at paragraph 136 that: “The net biodiversity gains of the proposal should be afforded substantial weight” in favour of the proposal.

Birds, Bats, Reptiles and Amphibians

Comprehensive ecology surveys were undertaken in June 2019 by BSG Ecology, to update the previous protected species surveys which were carried out in 2017. Due to the amount of scrub within the site, it is recommended that the application site is enhanced for birds through provision of bird boxes on retained mature trees and within the fabric of the building itself. The loss of any habitat or trees immediately surrounding the existing ice centre will be offset through the planting of native, nectar-rich species, which also provide new habitat for foraging invertebrates.

Trees which have been identified as having good potential to support roosting bats are to be retained within the proposed development with the exception of two trees. Enhancements will be provided for bats within the proposed development in the form of bat boxes, both on trees to be retained within the development and within the fabric of the final building.

The habitats on site have been assessed as currently having low potential for reptiles and amphibians. The creation of reed habitat will support these species.

Water Management and Biodiversity

The Design and Access Statement and Drainage Strategy explain how the proposed water feature at the main entrance forms an important part of the SUDs drainage strategy, creating an attenuation basin for roof drainage, and providing a unique method of disposing of ice melt. This part of the proposals will enhance the ecology of the site by distributing treated water to the existing oxbow lake, which will help oxygenate the lake and benefit local aquatic life. The proposed water management method would also top up the water feature in dry periods and the proposed reed bed will contribute to biodiversity.

ice centres create a significant amount of water because the ice pads are regularly ‘scraped’ to provide a smooth finish. These ‘ice shavings’ created by scraping the ice creates a significant water outflow. It is estimated that up to 16 cubic meters of ice shavings could be generated daily from the twin pad facility. This ice will be melted within a pit at the rear of the ice centre (to the east), before discharging to the drain. It is proposed to treat this melt water by passing it firstly through a filter to remove particulates, then through a series of reed beds to the east to naturally clan and decontaminate the water. Once the water has been treated through the reed beds, it will flow from the rear of the ice centre (to the east) around to the front of the building (to the west). The water will be discharged to the existing oxbow lake to the north west of the site, helping to oxygenate the lake and benefitting local aquatic life.

Not only do the reed bed sustainably and ‘naturally’ filter the ice melt, they also create new habitats so improving bio-diversity and ecological value. Also, the reed beds will reference the history of Leyton Marshes before they were drained.

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Works are already underway to improve habitats, biodiversity and access on and around the Ox-Bow Island site west of the Lee Valley Ice Centre as part of a five year project in partnership with Canal and River Trust and Thames21. This is an entirely separate project which is being funded by Section 106 money from the Essex Wharf development. All ecological enhancements planned as part of the ice centre project will take account of, and support, these works.

Summary

The existing ice centre building is tired and detracts from the setting of the local area and MOL. it makes no contribution to local wildlife, aquatic life or the surrounding woodland area. Indeed, the existing facility encroaches into the SMINC.

Through a combination of amending the orientation of the ice centre, significantly improving the quality and appearance of the building, significantly increasing the number of trees on site and creating significant net gains in ecological value and biodiversity on the site, the proposed development will significantly improve the overall quality of the site, the MOL and the Park beyond simply mitigating its own impacts. This new gain in biodiversity accords with the Park Development Framework at and paragraph 140 of the NPPF.

The replacement ice centre will be major enhancement of the site in terms of wastewater reductions when compared against the existing ice centre. The natural water treatment will help to reduce carbon emissions and energy use that would be associated with other water management methods. The proposed water management method would also top up the water feature at the entrance in dry periods as well as contributing to biodiversity.

The significant improvements to visual appearance of the ice centre, the landscape, the ecology and biodiversity of this part of the MOL that will accrue as a result of the development are important elements of the VSC case and should be given significant weight by decision makers.

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14. Other Key Planning Considerations

In the previous Sections, we have confirmed that:

• The provision of a replacement, enhanced ice centre in the Regional Park is appropriate.

• There are Very Special Circumstances which justify the development of the replacement ice centre on MOL.

• The social, community, health and wellbeing benefits, as well as the design, landscaping and biodiversity enhancements and socio-economic impacts are of substantial benefit to the proposals and acceptable in policy terms. They contribute to the case for Very Special Circumstances supporting the redevelopment of the existing ice centre.

In this context, the following Section addresses the remaining key planning issues affecting the proposals, beyond the principle of development and building within MOL which is already addressed. These are as follows:

• Transport and accessibility;

• Sustainability and renewable energy;

• Flooding and drainage;

• Noise impacts;

• Air quality;

• External lighting;

• Archaeology;

• Security;

• Ground conditions; and

• Demolition and Construction.

Transport and Accessibility

Sustainable transport modes

The Park Authority has taken an ambitious approach to the management of transport use by visitors and staff to the replacement twin pad ice centre. The clear direction of local and regional policy is towards the use of sustainable transport modes and this has been at the forefront of the transport planning for the proposed development.

The site is located in an area of PTAL 3, which indicates moderate transport accessibility. However, Lea Bridge Road station is a short distance from the site and now operates four trains per hour. There are a number of high frequency bus routes that serve the site currently from Lea Bridge Road and further afield.

There is also walking and cycling infrastructure around the site currently, including the ‘Mini Holland’ infrastructure recently installed along Lea Bridge Road to encourage and support cycling. Accordingly, the public realm for the replacement ice centre proposals will promote

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the use of sustainable transport modes to the development, including the use of signposting to bus stops and rail stations and a combined footway/cycleway through the site to connect with existing infrastructure. The current ice centre only has around 12 cycle parking spaces. The replacement ice centre will have 110, an increase of 817%. There are no issues identified in the increase of people using the existing and proposed pedestrian and cycle infrastructure.

As well as encouraging sustainable transport modes through the physical elements of the design, a Travel Plan has been submitted which will encourage increased modal share of sustainable transport from visitors to the facility, in line with London Plan policies and local planning policy. The development, therefore, complies with Policy CS7 and Policy DM14 of the adopted LBWF Development Plan and Policy 74 of the emerging draft Local Plan as it promotes pedestrian and cycle movement as a priority and responds to the context of its current accessibility.

The highway network

The site is accessed from Lea Bridge Road currently and there will continue to be a number of vehicles that access the site to use the facilities. The delivery and servicing arrangements are for vehicles to use the main site entrance and then use a new delivery and servicing route that tracks round the southern elevation of the proposed development, to a dedicated deliveries and servicing yard to the rear of the building.

Although the twin pad ice centre is envisaged to attract significantly more visitors than the current ice centre, the nature of the ice programming and the habits of ice users means that the peak usage of the facility will not overlap with the peak traffic on the transport network. The Transport Assessment has provided an assessment of the vehicular movements to and from the site with regards to the capacity of the existing highway network and proposed level of car parking. An indicative timetable has been produced for the application and is included in Appendix 8. Both through preparing the proposed timetabling and taking account of a modal shift away from the private car, the impact on the transport network during peak times has been assessed.

Between 6am-11am on both pads during the week, there is either patch ice or club ice for speed skating. The Transport Assessment confirms that neither of these sessions will increase load on the transport network between 8am - 9am as a result of people travelling to the facility. Skaters attending these sessions will typically arrive at the beginning of the session, so they can maximise their time on a clear ice pad. Younger skaters will usually only skate between 6am-8am, to then enable them to travel to school. Senior skaters will arrive at 6am either to also skate, or to coach younger skaters, and then stay until the end of the session at 11am. A similar pattern is likely to be seen for users attending either the patch ice or speed skating sessions.

In the evenings, public skating sessions take place from 5pm - 7pm. Although these are popular in attendance from after school users, they are not as popular as peak public skating sessions on the weekends or Friday evenings, which begin at 8pm. Also, critically, many attendees will be travelling from school to the ice centre, prior to the start of the session ready to be on the ice from 5pm, and therefore not increasing load on the transport network between 5pm - 6pm. Furthermore, those attending learn to skate programmes between 4.30pm - 5pm typically stay for the public skating session that follows, and therefore will not leave the centre and increase load on the network. The largest demographic of the attendees of this session is under 15 years of age and will, therefore, more typically be utilising public transport.

There are also patch ice sessions running throughout the week from 4.30pm - 8pm. Similar to that of the public skating sessions, younger skaters attending these sessions will travel to the rink after school for the beginning of the session, and therefore not impact on the traffic system at peak times.

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Based on the above timetabling, the evidence submitted with this application concludes that there is minimal impact on the highway network and no mitigation is required to make the development acceptable. Therefore, no changes to the existing highway network are required for this application and there will be no negative impact from the proposals as the majority of expected car travel, allowing for modal shift and encouraged uptake of public transport, outside of the peak hours.

Car and cycle parking

Policy DM16 of the LBWF Development Management Document requires the provision of safely designed car parking areas, with provision for electric vehicle charging points, with the level of parking assessed on a case-by-case basis for leisure facilities. This approach is aligned with adopted London Plan Policy 6.13 and draft London Plan Policies T5 and T6 and continued in the emerging draft Local Plan. Cycle parking standards are also referenced in these policies.

As noted, the replacement ice centre will have 110 cycle parking spaces, 100 of which will be covered and located in a prominent area in the arrival terrace space with a further 10 uncovered spaces located nearer to the entrance. This exceeds the latest minimum standards set out in the emerging London Plan for short stay and long stay provision. There will be showers, changing facilities and lockers on site for use by cyclists travelling to the site. The Park Authority’s approach to cycle parking is, therefore, policy compliant and will encourage the mode of cycling to the site.

There will be 155 car parking spaces provided in the proposed layout. The existing Lee Valley ice centre provides 307 spaces. This is a reduction of 50%. An appropriate level of parking is vital to the operation of the proposed twin pad ice centre, especially in the context of the expansion of the activities that a twin pad facility will be able to support. The Transport Assessment found that a total of 143 parking spaces were using during a midweek assessment. The proposed ice centre will increase the numbers and demand for parking because there will be skating taking place at the same time. Indeed, the replacement ice centre will also include a gym and exercise studio. The required parking is actually much higher than 155 car parking spaces. However, this provision takes a forward thinking approach with regards to the switch to cycling and use of public transport discussed above and the implementation of the submitted Travel Plan. The nature of the use of the facility means that some users will need to travel by car if transporting multiple visitors for instance (such as a family or team) or transporting heavy ice hockey equipment. The provision of parking is also extremely important to the business case for the proposed ice centre.

In summary, given the policy requires assessment on a case-by-case basis, 155 car parking is appropriate in balancing the reasonable needs of the facility with the aspiration to encourage sustainable transport modes. To put the car parking provision in context the existing ice centre has one space per 13sqm. The replacement will have on space per 56sqm.

During pre-application discussions with the local authority and the GLA, it has been agreed that 10% of car parking spaces will be provided with electric vehicle charging points, with a further 10% with passive provision. This provision is therefore included in the proposed development.

Sustainability and Renewable Energy

An Energy Statement and a Sustainability Statement have been prepared by Max Fordham. These documents confirm that the proposals will deliver a package of measures to improve the operational and design efficiency of the scheme.

The scheme will achieve a minimum of BREEAM ‘Very Good’ rating, in line with planning requirements set within the adopted Core Strategy Policy DM10, but there is an ambition to achieve a BREEAM ‘Excellent’ score. As the design develops through the construction

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stage, a BREEAM score of ‘Excellent’ will continue to be targeted. The Sustainability Strategy looks at energy, water, minerals and waste, landscape and infrastructure with regards to the sustainable design of the proposed replacement ice centre. In some areas, the proposed development scores very highly, for example on water efficiency and biodiversity.

The design of the development has been assessed with regards to meeting the Building Regulations, London Plan and local planning policy targets for reducing energy consumption and carbon emissions. In line with the Be Lean, Be Clean, Be Green hierarchy (set out in Policy 5.2 of the adopted London Plan and Policy Policies SI3 and SI4 of the emerging Draft New London Plan), the design seeks to minimise its environmental impact through its design and energy strategy.

The proposed replacement ice centre has been designed with high performing materials to reduce winter heat loss and therefore energy usage. Glazing is minimised to limit solar heat gains, this being particularly important for keeping the ice cool. The use of mechanical ventilation systems with low energy usage and heat recovery, and natural ventilation in the foyer, also reduced the base energy demand of the scheme. This leads to a 3% reduction in carbon emissions which is short of the 15% target. The failure to meet a 15% reduction is due to the unusually high requirement for domestic hot water due to the nature of the facility. In line with GLA pre-application advice, the Energy Assessment has ensured that all possible Be Lean measures have been assessed for the contribution they could make to a reduction at this stage, however it has not been possible to provide over 3%. The approach is therefore compliant with local and regional policy and is acceptable in planning terms.

There are no area-wide district heat networks in the vicinity of the site available for connection. The reduction in carbon emissions from the development, therefore, cannot be assessed at the Be Clean stage, which requires connection to the district heat network if possible. However, the replacement ice centre performs particularly well against the Be Green requirements, using Air Source Heat Pumps as the lead heat source for building heating and proposing to locate solar panels on the roof. This results in a 63% carbon emissions reduction which exceeds the 35% reduction requirement in the London Plan.

In summary, the Park Authority has set targets in respect of ambitious carbon emissions reductions. The Energy Assessment has ensured that all possible ‘Be Lean’ measures have been assessed for the contribution they could make to a reduction at this stage. The approach is compliant with local and regional policy as every effort has been made to make the building more sustainable despite the constraints of its proposed use, including building design. Glazing specification and ventilation strategy.

It should be recognised that the age of the current ice centre means that it is very inefficient and wastes energy. The improvements to energy usage and efficiency mean that the replacement ice centre is significantly more sustainable than the ice centre it will replace.

On top of the assessment of the proposed development against the Mayor’s energy hierarchy and BREEAM assessment, the proposed ice centre’s surface water drainage strategy, landscaping improvements and electric vehicle provision all also contribute to its approach to sustainability. Other documents and Sections within this report provide further detail on this, but in summary:

• The development ensures water efficiency and proposes an exemplar surface water drainage strategy that integrates existing site features and landscape features, reducing the need for formal discharge to sewers and unnatural diversion or attenuation of flow.

• The design has taken every opportunity to reuse the existing elements of the ice centre where possible, to minimise waste.

• The landscape improvements enhance on-site biodiversity that prioritises native planting, supporting principles of maintaining green infrastructure and urban greening.

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• The scheme provides BREEAM and London Plan compliant levels of cycle parking and a significant level of electric vehicle charging points.

Flooding

The development has been assessed in line with national guidance and London Plan requirements regarding integrity of flood defences and flood risk over lifetime of the development, included in Policy 5.12 of the adopted London Plan and Policy SI12 of the emerging London Plan. Local policy also requires a robust flood risk assessment in Policies DM34 and CS4 of the LBWF Development Plan. A Flood Risk Assessment including a Sequential Test has been prepared by Expedition. This confirms that the site falls within Flood Zone 2.

The site is adjacent to the River Lea and the proposed development will not significantly change the existing ground levels. There is no significant risk of groundwater flooding and no other significant risks of flooding have been identified. There is no change in the use of the site so there is no increase in flood risk to existing users as a result of the proposals. All of the building FFL and access routes are located above the flood level, so all users of the building will not be at significant risk of flooding. The proposed development is safe from future flooding and this is true when considering the potential impacts of climate change. Full details relating of the flood risk matters are set out in Expedition’s Flood Risk Assessment.

Drainage

Surface water drainage systems

We have already touched upon the innovative and high quality sustainable drainage systems envisaged at the proposed twin pad ice centre. At the existing ice centre and car park, surface water runoff drains into the existing Thames Water surface sewers, running under Lea Bridge Road and discharging into the River Lea. The site’s close proximity to the River Lea provides significant opportunities to minimalize the impact of surface water runoff on local flood risk. This is a key value of the scheme given the Park Development Framework’s requirement, in Policy FR2 of the Strategic Policies document, to promote natural flood management and sustainable drainage measures.

The priority to ensure that there is sufficient capacity for and management of drainage systems in new developments is also set out in local and regional policy. Policy DM34 and Policy CS4 of the local development plan require that developments ensure water efficiency, minimise flood risk, account for climate change and protect existing water infrastructure. The London Plan (Policy 5.13 and Draft Policy SI13) requires that Sustainable Drainage Systems (SuDS) are incorporated into the design of the development and sets out a drainage hierarchy. This requirement is also echoed in emerging local plan Draft Policy 96.

The water cycle has been integrated with the landscape proposals and enhancement of biodiversity, ensuring that the control of surface water runoff captures the principles of SuDS. A key principle of the proposed drainage strategy is the commitment to re-using the existing drainage infrastructure and waste water as far as possible. Rainwater storage has not been included as part of the proposed development owing to the vast volume of ice shavings that would be generated and disposed of/reused in a responsible way.

Infiltration drainage options have been evaluated and it is confirmed that the infiltration rates would be too low to adequately dispose of surface water. The main drainage will discharge via the clean roof drainage and flow directly to River Lee through the currently stagnant Oxbow Lake. The treated ice melt water will also be disposed of by this sustainable method. This a major benefit of the proposed development as this will greatly improve part of the River Lea river system and associated nature reserve. The Ecology and Nature Conservation Section explains the benefits of the wastewater management process.

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The remainder of the site is impermeable surfaces from the car park and hardstanding surfaces will drain to the existing surface water sewer in Lea Bridge Road. It has been agreed with the Local Lead Flood Authority and Environment Agency that this approach is appropriate and there is no need for attenuation before water is discharged via the sources noted above.

In summary, all surface water drainage flows from the site, and ice melt water, will effectively discharge to the River Lea, either through the Oxbow Lake or a short Section of surface water sewer. The strategy set out above will ensure safe and sustainable drainage systems are in place on the site to deal with surface water run off flows. Full details of the surface water runoff proposals can be found in the Drainage Strategy, prepared by Expedition.

Foul drainage

The Drainage Strategy includes the review of foul water and utility capacity for wastewater. Foul drainage flows from the building with be discharged to the existing Thames Water wastewater pumping station within the car park, through the existing foul drainage pipework. Whilst peak foul discharge will increase as a result of the proposals, Thames Water has confirmed that the existing infrastructure has capacity to accommodate this increased flow.

The strategy of treating and reusing ice melt for reuse or discharge to the River Lea, significantly reduces the level of wastewater needing to be discharged to the foul drainage system.

Noise Impacts

Max Fordham LLP have undertaken a Noise Impact Assessment in relation to the proposed replacement twin pad facility. Their report has responded to advice received at the pre- application meeting with the LBWF Environmental Health Officer on 8 August 2019. This meeting assessed that the main potential issues related to the plant and activity noise breakout (specifically PA music from the ice pads) and so noise limits were proposed as an appropriate solution. Demolition and construction noise is also assessed in the report.

The Noise Impact Assessment has been prepared in line with the relevant national guidance on noise and local and London Plan policy that aims to ensure the minimisation of adverse noise impacts and the upholding of a high quality environment. Policies DM24 and Policy CS13 of the LBWF Development Plan address the subject of noise with regards to new development, with Policy 59 and Policy 62 of the emerging draft Local Plan requiring that all developments are designed to minimise noise pollution from the outset. Policy 7.15 of the adopted London Plan and Policy D13 of the emerging London Plan also require the adequate management and mitigation of noise to ensure quality of life. The report identifies the nearest sensitive receptors as being the Essex Wharf buildings and the Waterfront building to the east and the Leyton Marshes to the north, as this is a positive contributor to local amenity.

Overall, Max Fordham LLP have quantitively assessed the key potential noise issues relating to the plant noise emissions and potential music breakout noise form the façade/roof. The Noise Impact Assessment proposes that noise limits have been identified at sensitive receptor locations defined by nearest top floor residential facades and ground level near the north site boundary. The assessment proposes that, with respect to noise breakout from PA systems, upper limits are defined to be 10Db below representative ambient noise levels, at the nearest residential façades and below representative ambient noise levels at the north site boundary. The report therefore confirms that the replacement ice centre will comply with the limits noted, and that the ice centre will have a low noise impact.

Air Quality

The subject of air quality is addressed in Policy DM24 of the LBWF Development

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Management Document, which requires that new development do not contribute to or suffer from unacceptable levels of air pollution. This is upheld in emerging draft Local Plan Policy 93 which also notes that air quality should be improved where possible. Air quality is also a key priority of the London Plan, with Policy 7.14 requiring proposals in London to improve air quality through sustainability measures and address local problems of air quality and emerging draft Policy SI1 which plans for the improvement of air quality. An Air Quality Assessment has been undertaken by Air Quality Consultants.

Constructions works have the potential to cause dust and therefore it will be necessary to apply a package of mitigation measures during construction. However, with these measures in place the air quality effects are assessed as ‘not significant’.

Although the operational phase air quality impact has been assessed as exceeding the transport emissions benchmark for London, this is not as a result of the proposed development, which will utilise air-source heat pumps for heating and hot water, and there will be no on-site combustion sources. Therefore, the overall operational air quality emissions of the scheme will be below the combined building and transport emissions benchmarks.

The overall construction and operational air quality effects of the proposed development are judged to be ‘not significant’.

External Lighting

Max Fordham LLP have undertaken an External Lighting Assessment the suggested measures to reduce night time light pollution.

The recommended lux level for an urban car park with large scale events and high crime rates has been used. This has been selected due to reports of criminal activity in the existing car park. The perimeter lighting of the new building will include emergency lighting at escape exits to facilitate safe exit from the building.

The proposed lighting scheme will provide adequate and appropriate lighting levels in all areas. The lighting will be selected, fitted, arrange and controlled adequately to limit the use of artificial lighting outside of normal operating hours and when adequate daylight is available. External lighting will be controlled by timeclock and photo sensor with dimming control to be able to adjust light levels according to usage and brightness.

Archaeology

The site is located in the River Lea and Tributaries Archaeological Priority Area. A Desk Based Archaeological Assessment has been prepared by Orion Heritage Ltd. This is in accordance with Policy DM28 of the LBWD Development Management document and Policy 7.8 of the London Plan. The emerging local and regional policy context also requires the assessment of new development on the archaeology of the site (Policy 80 of the draft Local Plan and Policy JC1 of the Draft New London Plan).

The assessment confirms that there is moderate potential to contain prehistoric and Bronze Age occupation remains. Whilst there are no known archaeological remains within the site it is considered to have the potential to contain remains of local significant and geo- archaeological interest. The assessment concluded that the construction of the proposed new ice centre may impact upon archaeological remains, if present, however the proposed car parking and landscaping will have a negligible effect.

An archaeological watching brief on intrusive groundworks is recommended which will be secured via condition. The proposed development is therefore acceptable in archaeological terms.

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Security

There is a local requirement to improve community safety, included in Policy DM33 of the LBWF Development Management document, and Policy 62 of the Draft Local Plan. The emerging policy references Secured by Design principles, which are also reference in Policy 7.3 of the adopted London Plan and Policy D10 of the emerging London Plan.

A Crime Prevention Statement has been prepared. This details the range of security measures that the scheme will incorporate to ensure that the safety for visitors, staff and the general public. This has fed into the design development from an early stage and includes consideration of Secured by Design principles and BREEAM assessment objectives.

A Security Needs Assessment was undertaken and a security strategy developed with the Park Authority with regards to the site. A full list of the measures proposed are included in the Crime Prevention Statement, which is Appendix C to the Design and Access Statement.

The proposed replacement ice centre has, therefore, appropriately addressed security and will contribute to the removal and/or reduction of criminal activity on the site.

Ground Conditions

Policy DM24 of the Development Management Plan document confirms developers must demonstrate it can be safely constructed and used with regards to risks of contamination.

A Geo-Environmental Desk Study Report was produced by Concept Site Investigations in August 2017 (ref. 17/2980 – Issue 00). The site is potentially ‘made ground’ and so it is assessed to have a moderate risk to controlled waters, and the future state is considered to pose a low risk to controlled waters. There is considered to be a temporary high risk to groundwater during the proposed construction due to potential hardstanding removal leading to an increasing in rainwater infiltration and subsequent contaminant leaching and the potential for an increase in preferential pathways during any piling activities. The overall risk to human health in terms of ground contamination presented by this site, in both its current and future state, is considered to be moderate.

The Geo-Environmental Desk Study Report recommends that site investigations are carried out in order to fully assess the risk from potential contaminants and ground gases. This can be secured via a planning condition. There is no reason raised in the report that would mean the site was unsuitable for its proposed use or construction activities.

Demolition and Construction

Demolishing the existing ice centre in two phases will allow the smooth running of the sports facilities whilst the new building is being completed (the third and final phase), as described in Section 3.

It is essential that the ice centre can remain operational as long as possible during the demolition and construction phases. A construction process has been proposed that includes the provision of temporary buildings to house changing facilities that will serve the proposed ice pad prior to the completion of the new ice centre building.

The proposed construction and demolition process is set out in further detail in the submitted draft Construction and Demolition Method Statement. The provision of detailed documents such as a detailed Construction and Demolition Method, a Construction Environmental Management Plan, a Construction Logistics Management Plan and a Construction Phase Health and Safety Plan can be secured by condition.

Summary

We have considered other planning issues raised by the proposals. None of these will

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cause significant harm to any interests of acknowledged importance. All the impacts are modest and can be mitigated.

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15. Summary of Very Special Circumstances

The matters that amount to VSC in this case are set out in detail in Sections 6 – 10. These can be summarised as follows:

• The unique statutory role of the Lee Valley Regional Park Authority and the provisions included in the 1966 Lee Valley Regional Park Act. The Act obligates the Park Authority to provide high quality sporting and recreational facilities as part of its remit.

• The Park Development Framework identifies the ice centre for enhancement and that options for a second pad on the existing site should be explored. The Park Development Plan is supported in LBWF’s policy documents and the July 2012 Court Order (ref: CO/6707/2011) confirms the need for the LBWF to take the Park Development Framework fully into account in reaching planning decisions.

• The need to replace the existing ice centre, which is popular and well-loved sports and community facility, because it is at the end of its useful life.

• The need to provide a twin-pad facility in order to meet demand and increase the amount of ‘ice time’ available. The existing ice centre is at capacity so the only way to increase the facility’s use is by providing more ice to skate on.

• The significant community and health benefits that can be delivered by the replacement facility. The additional ice pad allows the Park Authority to provide a wider programme of activities and support further community use by both sports teams and casual skaters. This community benefit is significant and has an inherent positive impact on health and wellbeing both through the participation in sport and increased access to surrounding open space.

• The resultant improvement in quality of the area of Metropolitan Open Land as a result of the proposed landscaping, high quality design, improved connectivity and significant biodiversity enhancements that will be delivered.

In our view, all of these factors are capable of individually and collectively amounting to VSC. These VSC are significant and should be given very significant weight in determining this planning application.

There are paralells between these VSC and those assessed by the Inspector and Secretary of State in respect of the Harrow School decision addressed in Section 8. In particular, the replacement ice centre will:

• Replace an existing sports facility that is currently located on MOL;’

• Meet the existing and future needs for ice skating facilities in the Regional Park;

• Provide state-of-the-art sports facilities for both the local community, families and individuals;

• There are no more appropriate of alternative sites;

• The proposals accord with the Park Framework, which is a material consideration in planning decision;

• The landscaping scheme demonstrates the Park Authority’s commitment to do long term landscaping of the site and its contribution to the wider landscape in which it sits;

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• There will be a loss of around 20 trees, but none of these are category ‘A’ trees and there will be additional tree planting of 143 trees; and

• There will be very significant net gains for biodiversity, including bird boxes, bat boxes and the reoxygenation of an Oxbow lake and the creation of a wildflower meadow.

Impact on the Openness of the MOL

As set out in Section 7, the proposed development must be assessed with regards to its impact on the openness of the MOL. In respect of MOL, the concept of openness can usually be expressed as a 'lack of built form'. The Inspector in the Harrow decision (see Section 8) states that the more recent case law confirms that the openness of Green Belt/MOL has a spatial as well as a visual impact19.

In this case, the new ice centre will replace an existing facility, albeit that the replacement ice centre will result in the erosion of the openness of MOL by the fact that it would have a larger footprint than the current facility. However, the building footprint is not 'excessive' because the architects have sought to keep the footprint to a minimum by the reducing of spectator seating and the provision of facilities such as the gym and dance studio at mezzanine level, in order to reduce the footprint. In short, the footprint is the minimum that can reasonably be provided for a twin pad facility. Nevertheless, the harm caused by the increase in footprint weighs against the proposal.

We do not consider that the proposed replacement ice centre would have an adverse impact in respect of its visual impact. The design is well thought through and reflects helpful input from Waltham Forest's Design Advisory Panel. The existing building is tired and unattractive. In our view, the replacement of the existing building with a fresh, clean design created by award winning architects, together with change in orientation and the landscaping, screening and visual impact.

In summary, the harm to the MOL is confined to the erosion of the openness of MOL by the fact that the building has a larger footprint.

Other Harm

In Section 14 we address the other planning issues. We have identified any other harm the development will have on interests of acknowledged importance. The other 'harm' resulting from the development relates to the following.

• The environmental impact of the proposals on existing habitats and species, particularly the impact on the SMINC. Once the existing facility is operational, there is considerable ecological benefit as a result of increased landscaping, habitat creation and sustainable drainage systems to the surrounding blue infrastructure. The construction of the facility will cause a level of disruption to the existing habitats and species on the site and there will continue to be buildings located in the SMINC until the end of the construction process.

• The impact of the proposed development on noise and air quality during construction and operation. The construction process will have some impact on noise and air quality of the surrounding area through the emission of dust and noise from construction activity. Operationally however, there is no harm identified in terms of noise or air quality.

• There is the potential to disrupt archaeological remains on site as a result of the groundworks required to construct the proposed ice centre, however a mitigation strategy is proposed which will significantly reduce this impact.

19 See paragraph 50 of the ‘Harrow School decision (PINS ref: APP/M5450/W/18/3208434)

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• External lighting is included as part of the proposed development, which has been designed sensitively with regards to its context and environment. There will be a small level of light pollution from these lights as a result of the proposed development.

• There is an inherent increase in the amount of energy used to operate the facility as a result of its expansion. This is mitigated using energy saving techniques and other sustainability measures however there is an increased impact.

This resulting harm is very modest, and/or temporary. In our view, this should only be afforded limited weight. Section 14 of this Statement sets out, in more detail, the measures that have been undertaken to eradicate, reduce and/or mitigate the other harm.

Do the VSC Clearly Outweigh the Harm

Other than the harm created by the inappropriate development on the openness of the MOL, the other harm associated with the development is very modest and mostly temporary.

Therefore, we must come to a judgement as to whether the harm caused by inappropriate development on MOL is clearly outweighed by the VCS in this case. In our view, by any reasonable assessment, the relatively minor increase in built development in the MOL will clearly be outweighed by the VSC noted above. The development will have significant benefits for the MOL in terms of improving the landscape, the ecology and the connectivity. Furthermore, all the VSC fulfil statutory purposes contained in the Lee Valley Regional Park Act 1966.

Therefore, although the replacement ice centre is inappropriate development, and is by definition harmful to the MOL, Very Special Cirumstances apply, which clearly outweigh this harm and any other harm associated with the development. In these circumstances, the proposals accord with paragraph 144 of the NPPF and the proposals are in accordance with local and London-wide relating to MOL.

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16. Summary and Conclusions

This Planning Statement has been prepared by WSP | Indigo on behalf of the Lee Valley Regional Park Authority in support of a full planning application for the proposed redevelopment of the Lee Valley ice centre to provide a state-of-the-art, twin Olympic pad ice sports facility.

This application scheme proposes a high-quality replacement ice centre which will further enhance the Regional Park’s portfolio of iconic venues. The new ice centre will deliver:

• More ‘ice time’ for all users including social skaters from the local community;

• A programme that will accommodate new and under-represented ice sports to the venue, and introduce new participants to them;

• An Olympic quality venue with a regional catchment;

• A high quality, sensitive design which responds to its landscape context;

• Biodiversity and ecological enhancements to the surrounding landscape, including the River Lea and oxbow lake;

• A sustainable venue with a minimum BREEAM rating of ‘Very Good’;

• New facilities for visitors such as a gym, an exercise studio and a café;

• An attractive sports facility that will encourage healthy lifestyles; and

• Continuity of ice provision during redevelopment, as far as possible.

The Park Authority was created by the 1966 Lee Valley Regional Park Act (’the Act’). Its duties are set out in the Act which states:

“It shall be the duty of the Authority to develop, improve, preserve and manage or to procure or to arrange for the development, improvement, preservation and management of the park as a place for the occupation of leisure, recreation, sport, games or amusements or any similar activity, for the provision of nature reserves and for the provision and enjoyment of entertainments of any kinds.”

The role and function of the Park Authority is unique. The development of a new, replacement ice centre within the Regional Park which is being promoted by, funded by and run by the Park Authority is a key material consideration in the determination of this application.

The Existing Ice Centre

The existing ice centre was granted permission by the LBWF in 1982 and the facility has served the local community and ice-sport athletes as a single-pad ice rink for over 34 years. It is a hugely popular facility, attracting just under 279,000 visits in 2018. The centre supports public skating sessions and a community of ice hockey teams and competitive figure skaters, as well as a programme of learn to skate and training activities.

The existing ice centre is at the end of its useful life with the existing structure and design

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being unchanged since its conception. The site is currently operating at 100% capacity. Given its age, it now suffers complicated and expensive operational issues, that have caused a number of unplanned closures in recent years. The costs of keeping the ice centre running in its current facility are substantial and additional works and disruption in the future are inevitable. It will therefore close if no intervention is made.

The Proposals

The proposed ice centre will include a new dedicated changing facilities and an exercise studio at the first floor. On the ground floor, a new café space that includes both a skater’s café and a public café is proposed. The café will provide access for non-skaters and users of the wider park. A bar and concessions area is also proposed to be located at Pad B.

Key Policy Designations

The entire application site is designated as Metropolitan Open Land (MOL), including the existing ice centre. MOL has particular protection in policy. A small part of the site is within a Site of Metropolitan Importance for Nature Conservation (SMINC) to the north. The external annexes to the north and west of the current ice centre are partially within this designation.

The site is also covered by the Regional Park’s ‘Park Development Framework’. This is a material consideration in all planning decisions made by the LBWF.

The application site is within the Detailed Area Proposals for ‘Three Marshes: Walthamstow, Leyton and Hackney’ area. In this document there is a specific policy on the ice centre, proposing to enhance the range of sport and recreation facilities provided there and explore options for an additional ice pad.

The Acceptability of the Proposals

The key planning issue to be addressed is the principle of developing a replacement ice centre on MOL. In national planning policy, MOL is treated as Green Belt and is given the same protection as Green Belt. The essential characteristic of the Green Belt and MOL is their openness and permanence. The proposed ice centre is ‘inappropriate’ development on MOL. Inappropriate development is, by definition, harmful to MOL as it will reduce openness and should not be approved except in ‘very special circumstances’.

Paragraph 144 of the NPPF confirms that:

In the context of paragraph 144 of the NPPF, we have sought to identify the ‘harm’ caused by the proposed replacement ice centre being delivered on MOL.

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The replacement ice centre will result in the erosion of the openness of MOL by the fact that it would represent a larger building in terms of footprint than the current facility. This is harm that weighs against the proposals.

However, we do not consider that the replacement ice centre would have an adverse impact on the openness of the MOL in respect of its visual impact. The architects have sought to keep the footprint to a minimum, and facilities such as the gym and dance studio are provided at mezzanine level to reduce the footprint. In short, the footprint is the minimum that can reasonably be provided for a twin pad facility. The existing building is tired and unattractive. In our view, the replacement of the existing building with a fresh, clean design by award winning architects, together with change in orientation and the landscaping and ecological improvements, will improve the visual impact.

This Planning Statement identified the other harm the development will have on interests of acknowledged importance. This is very modest and/or temporary.

Very Special Circumstances (VSC)

In order to justify inappropriate development on MOL, we must demonstrate that the Very Special Circumstances (VSC) that apply in this case ‘clearly’ outweigh the harm caused by the development.

The matters that amount to VSC in this case are:

• The need to replace the existing ice centre, which is popular and well-loved sports and community facility, because it is at the end of its useful life.

A key element of the VSC case is the role of the Regional Park in providing built leisure facilities for the community. Their unique role in managing the development of the Regional Park is unlike that of any other body. The Park Authority has a statutory duty to develop sports and leisure facilities in the Regional Park. Since 95% of the Park is Green Belt or MOL, it is likely that some new facilities will be developed on protected land.

In addition to these VSCs, the other significant benefits of the proposals should be given

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some weight as material considerations in the planning balance. These benefits include the following.

• The replacement of an unattractive building which is at the end of its useful life with a new state-of-the art ice centre that will provide a suitable gateway into the Regional Park from the west. The new building will have a positive visual impact.

• The safeguarding of a well loved and popular community facility to ensure that future generations have the opportunity to skate in Waltham Forest.

• The creation of up to 45 new additional jobs when the replacement ice centre opens, plus further jobs during the construction phase.

Conclusion on VSC and Harm

In our view, the VSC case and the benefits that will accrue as a result of the development of the replacement ice centre will clearly outweigh the harm to MOL through being inappropriate development and resulting in the erosion of openness of MOL.

Overall Conclusions and the Planning Balance

It is acknowledged that the replacement ice centre would result in harm to MOL through being inappropriate development and resulting in the erosion of openness of the MOL. The NPPF confirms that this harm should be afforded substantial weight against the proposals. The proposals would not result in any other long-term, unacceptable harm,

In our view, the Very Special Circumstances which apply in this case, including the Park Authority’s statutory remit to develop such sports facilities, clearly outweigh the harm to the MOL.

The proposals are therefore in accordance with policies relating to MOL. Other national, strategic and local policies support the development of new sports and leisure facilities and the improvements to the landscape and ecology that will accrue as a result of the development.

The proposals are also supported by the Park Authority’s planning documents, including the Park Development Framework. The Park Development Framework is relevant and significant material considerations in favour of the proposals in the ‘planning balance’.

In summary, the proposals accord with MOL policies and other key relevant policies of the development plan. The planning balance is in favour of these proposals which will deliver a well-designed, state-of-the-art ice centre in an appropriate location and they should be supported by the Council.

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