LOCATION: Brent Cross Cricklewood Regeneration Area, North West London REFERENCE: F/04687/13 Received: 11/10/2013 Accepted: 11/10/2013 WARD: Childs Hill, Golders Green, West Hendon Expiry:10/1/2014 Final Revisions: 18/12/2013 APPLICANT: BXC Development Partners PROPOSAL: Section 73 Application to develop land without complying with the conditions attached to Planning Permissions RefC/17559/08 granted on 28 October 2010 for development as described below: Comprehensive mixed use redevelopment of the Brent Cross Cricklewood Regeneration Area comprising residential uses (Use Class C2, C3 and student/special needs/sheltered housing), a full range of town centre uses including Use Classes A1 – A5, offices, industrial and other business uses within Use Classes B1 - B8, leisure uses, rail based freight facilities, waste handling facility and treatment technology, petrol filling station, hotel and conference facilities, community, health and education facilities, private hospital, open space and public realm, landscaping and recreation facilities, new rail and bus stations, vehicular and pedestrian bridges, underground and multi-storey parking, works to the River Brent and Clitterhouse Stream and associated infrastructure, demolition and alterations of existing building structures, CHP, relocated electricity substation, free standing or building mounted wind turbines, alterations to existing railway including Cricklewood railway track and station and Brent Cross London Underground station, creation of new strategic accesses and internal road layout, at grade or underground conveyor from waste handling facility to CHP, infrastructure and associated facilities together with any required temporary works or structures and associated utilities/services required by the Development (Outline Application). The application is accompanied by an Environmental Statement. CONTENTS SUMMARY RECOMMENDATION: PROCEDURE FOR DETERMINING THE PLANNING APPLICATION BACKGROUND TO THE APPLICATION 1. MATERIAL CONSIDERATIONS 1.1 Corporate Priorities and Decisions 1.2 Relevant Previous Decisions 1.3 Relevant Planning Policy 2. DESCRIPTION OF DEVELOPMENT, SITE AND SURROUNDINGS 2.1 Overview 2.2 Description of the Development – The Section 73 Proposal 2.3 Description of the Site 3. ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 4. STATUTORY AND NON-STATUTORY CONSULTATION RESPONSES 4.1 Pre-application Consultation by the Applicant 4.2 Consultation by the London Borough of Barnet (Appendix 3) 5. PLANNING APPRAISAL 5.1 The Principle of Development 5.2 Consideration of Alternatives 5.3 Comprehensive Development and a new Town Centre spanning the A406 5.4 Delivery Arrangements 5.5 Retail Proposals 5.6 Master Plan and Design 5.7 Open Space, Play and Amenity Space 5.8 Ecology and Nature Conservation 5.9 Landscape and Visual 5.10 Air Quality 5.11 Noise and Vibration 5.12 Contaminated Land 5.13 Archaeology and Cultural Heritage 5.14 Water Resources and Flood Risk 5.15 Waste Management 5.16 TV, Radio and Mobile Communications 5.17 Microclimate 5.18 Daylight 5.19 Energy 5.20 Revised Environmental Sustainability Statement (2013) 5.21 CO2 5.22 Housing 5.23 Social Infrastructure 5.24 Employment and Training 5.25 Estate Management 5.26 Movement, Transport and Highways 5.27 Utilities 6. COMMUNITY INFRASTRUCTURE LEVY 7. EQUALITIES AND DIVERSITY ISSUES 8. CONCLUSIONS Annex – Plans and Illustrations Appendix 1 - Conditions and Informatives Appendix 2 - Key policy context and analysis Appendix 3 – Summary of Consultation Responses Appendix 4 – Summary of Amended Draft S106 Agreement SUMMARY Why has a Section 73 application been submitted? Following the grant of outline planning consent in 2010 for the comprehensive regeneration of the Brent Cross Cricklewood area the applicant has re-considered elements of the form, phasing and delivery of their proposals. These adjustments have been made to reflect the evolution of the scheme design since 2010 in accordance with the policy commitment to achieve comprehensive development of the regeneration area. It was anticipated from the outset that a scheme of the size and complexity of the BXC scheme would need to evolve to enable it to be successfully delivered. What does the Section 73 application propose? The purpose of the Section 73 (S73) application is to make adjustments to the planning conditions of the 2010 permission primarily to reflect changes to the form and phasing of the proposed development. Appendix 1 of this report lists the changes to the conditions proposed. To clearly indicate changes from the 2010 Permission this is presented in track changes. The principal changes relate to the approved Parameter Plans and a Revised Illustrative Master Plan has been produced to reflect the evolution of the proposed design, particularly in relation to the Northern Development but also minor changes to the Southern Development to reflect the proposed new Living Bridge. The proposed changes to the Parameter Plans are analysed later in this report. The S73 proposals contain identical quantums of development floorspace overall and the distribution of floorspace across the development zones remains largely unchanged from the 2010 Permission. As part of the Section 73 application (the proposed Phasing alterations in particular) the Applicants are seeking amendments to the Section 106 Agreement which was completed in support of the 2010 Permission. These amendments are necessary in order to enable the Applicants to proceed with delivery of the Northern Development (and the substantial package of Critical Infrastructure proposed to be committed in Phase 1A (North)), before the Southern Development may be in a position to commence. The proposed changes to the Section 106 Agreement are summarised in Appendix 4 to the committee report and officers have concluded on balance that these proposed changes to the Section 106 Agreement will facilitate the delivery of comprehensive development across the regeneration area as a whole in accordance with the planning policy framework. Why is a Section 73 appropriate for this proposal? The 2010 permission was specifically designed to provide a flexible framework of delivery and control to enable the developers to respond to opportunities or contingencies encountered whilst ensuring that the principles on which the 2010 permission is based are maintained. Officers consider that the proposed changes to the parameters and principles approved in the 2010 permission contained in this Section 73 application are not a fundamental alteration from the proposal put forward in the original BXC application. These principles include the phased delivery of acceptable comprehensive and sustainable development of the whole site in accordance with the planning policy framework and are maintained through this Section 73 application. On this basis, officers have concluded that the application before the committee is within the scope of a Section 73 application. This issue has been raised on behalf of one objector, questioning whether the S73 Application is within the powers under Section 73. The LPA‟s response is summarised in Appendix 3. What are the main changes proposed by this application? Alterations are proposed to the Brent Cross East zone including the existing Brent Cross Shopping Centre and the area around it. Some of the changes are within the limits of deviation permitted under the 2010 Permission, but some fall outside those limits of deviation and for that reason the Section 73 application is needed. An additional pedestrian and cycle crossing is proposed (Bridge B7 known as the Living Bridge). This will provide a new direct link between the northern and southern areas of the town centre and will form an important piece of public realm linking Brent Cross Main Square and Market Square. The replacement of Templehof Bridge will still be provided to the west of the Living Bridge with two lanes of traffic, and two bus lanes, together with footways and cycleways. The proposed alterations to the BXE Zone include the reconfiguration of streets and spaces, including Brent Cross Main Square and High Street North, which may be fully or partially covered. The Bus Station has been moved (although it is still in the same general location) and there have been revisions to the development block layout. This Development Zone has been re-designed to form more of a retail mall/continuous retail circuit and to relate to the Living Bridge. This has resulted in alterations to the location of streets and squares. The illustrative proposal for the Brent Cross East zone now excludes residential development from the High Street North Area (although this is still permissible in accordance with the proposed parameter plans) with residential now proposed in the location of plot 113 to the west of the shopping centre and approximately to the north of Templehof Bridge. The proposed course of the River Brent has been changed from the 2010 Permission. It is now proposed to flow around the southern edge of the Brent Cross East Zone rather than through it as previously planned. Phasing changes are also proposed north of the A406 with all the mixed use development in the Brent Cross East zone including retail, leisure, community, office and residential plot development proposed to be moved into Phase 1(North). The residential development in Plot 114 (the existing Brent Cross South West car park site comprising c600units) within the Brent Cross West zone will be the only plot development north of the A406 not in Phase 1(North). This plot will be in Phase