planning report PDU/2842/02 17 October 2011 The Crest Academies, Neasden in the London Borough of Brent planning application no. 11/1698 Strategic planning application stage II referral (new powers) Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008 The proposal Full planning permission for the erection of temporary classrooms (2.5 years), the demolition of the existing school buildings and the phased construction of new school buildings (19,509 sq.m.) comprising 4 four-to six-storey blocks with four-storey linking structures. Also new access road from Dollis Hill Lane, 105 car parking spaces, 238 cycle parking spaces, a multi use games area and an all weather pitch. The applicant The applicant is Brent Council and the architect is Capita Symonds. Strategic issues The Mayor previously raised a number of issues relating to, community facilities, inclusive design, transport (in particular preparation of a bus strategy and legal agreement between TfL and the council) and climate change. All these matters have now been satisfactorily resolved and the proposed application is acceptable in strategic planning policy terms. The Council’s decision In this instance Brent Council has resolved to grant permission. Recommendation That Brent Council be advised that the Mayor is content for it to determine the case itself, subject to any action that the Secretary of State may take, and does not therefore wish to direct refusal or direct that he is to be the local planning authority. Context 1 On 22 August 2011 the Mayor of London received documents from Brent Council notifying him of a planning application of potential strategic importance to develop the above site for the above uses. This was referred to the Mayor under Category 1B of the Schedule to the Order 2008: page 1 “Development (other than development which only comprises the provision of houses, flats, or houses and flats) which comprises or includes the erection of a building or buildings (c)outside Central London and with a total floorspace of more than 15,000 square metres.” 2 On 21 September 2011 the Mayor considered planning report PDU/2842/01, and subsequently advised Brent Council that the application did not comply with the London Plan, for the reasons set out in paragraph 59 of the above-mentioned report; but that the possible remedies set out in paragraph 60 of that report could address these deficiencies. 3 A copy of the above-mentioned report is attached. The essentials of the case with regard to the proposal, the site, case history, strategic planning issues and relevant policies and guidance are as set out therein, unless otherwise stated in this report. Since then, the application has been revised in response to the Mayor’s concerns (see below). On 27 September 2011 Brent Council decided that it was minded to grant planning permission and on 10 October 2011 it advised the Mayor of this decision. Under the provisions of Article 5 of the Town & Country Planning (Mayor of London) Order 2008 the Mayor may allow the draft decision to proceed unchanged, direct Brent Council under Article 6 to refuse the application or issue a direction to Brent Council under Article 7 that he is to act as the Local Planning Authority for the purposes of determining the application and any connected application. The Mayor has until 21 October 2011 to notify the Council of his decision and to issue any direction. 4 The decision on this case, and the reasons will be made available on the GLA’s website www.london.gov.uk. Update 5 At the consultation stage Brent Council was advised that London Plan policies on education and community facilities, urban design, inclusive design, climate change and transport were relevant to the application and that the application complied with some of these policies but not with others, for the following reasons: Education and community facilities: The proposed replacement of education and sports facilities and welcomed and comply with London Plan Policy 3.19. A definitive minimum level of community access should be agreed and secured via condition. Urban design: The design broadly complies with London Plan design policy. Inclusive design: The application does not comply with London Plan Policy 7.2. Further information and design alterations are required with regards to passenger lifts, accessible toilets and blue badge parking. Climate change mitigation: Further information is required to determine whether the application complies with London Plan climate change mitigation policy. Climate change adaptation: The incorporation of green roofs and water conservation measures are welcomed and the application complies with London Plan climate adaptation policy. Transport: Further information is required to determine whether the application complies with London Plan transport policy. 6 The Council was advised that the following changes might, however, remedy the above- mentioned deficiencies, and could possibly lead to the application becoming compliant with the London Plan: page 2 Education and community facilities: A definitive minimum level of community access should be agreed and secured via condition. Inclusive design: The applicant should provide the further information and design alterations required with regards to passenger lifts, accessible toilets and blue badge parking. Climate change mitigation: The applicant should confirm what the residual emissions will be, expressed in tonnes of carbon dioxide per annum, after the cumulative effect of energy efficiency measures and renewable energy is taken into account. The overall savings, expressed in percentage and tonnes of carbon dioxide per annum terms, should similarly be provided. Climate change adaptation: The 140 sq.m. green roof should be secured via condition. Transport: A PERS assessment is required and contributions are sought to address bus capacity and bus stop facilities. A delivery and servicing plan, construction and logistics plan and a travel plan should also be submitted for review and secured by condition. Education and community facilities 7 At the consultation stage, the applicant was required to confirm a definitive level of community access and it was requested that this was secured by the Council via condition. 8 The Council has attached a detailed condition requiring a Community Access Plan to be submitted which secures at least 30 hours community use each week, including at least one day at the weekend. It also requires details regarding: the facilities to be made available; promotion of the facilities; rates of hire; terms of access; the number and details of large community events; the number of late community events; and a mechanism for review after one year. 9 The application now complies with London Plan Policy 3.19. Inclusive design 10 Previously, the applicant was asked to provide the further information regarding the passenger lifts and an additional accessible toilet on each floor of the girls school was also requested. The applicant was required to redesign the existing blue badge parking bays to allow access on both sides and mark out additional bays in the Boys’ school car park for visitors arriving from Dollis Hill Lane. 11 The Council has attached a detailed condition (condition 36) which requires further information to be submitted in writing and approved by the Council including: confirmation that all lifts meet the recommended size set out in BB102; provision of a lift within the girls’ shared block which allows direct access from the ground floor to the sports hall; and an additional accessible toilet in the eastern section of the girls’ academy building. 12 Furthermore, another condition (condition 37) which requires the applicant to submit further details disabled parking bays to the Council including: the provision of additional bays in the car park that serves the Boys’ school; and the revision of the existing bays so that marked access zones are provided on both sides of the bays. 13 Whilst it is disappointing that there was insufficient time for the applicant to implement these changes prior to the application being referred back to the GLA, the conditions should ensure that the building is fully accessible and inclusive. The application now broadly complies with London Plan Policy 7.2 Climate change mitigation page 3 14 At the consultation stage, the applicant was required to confirm what the residual emissions will be, expressed in tonnes of carbon dioxide per annum, after the cumulative effect of energy efficiency measures and renewable energy is taken into account. The applicant was also asked to provide the overall savings, expressed in percentage and tonnes of carbon dioxide per annum terms. 15 The applicant has now provided the required additional information and has confirmed that through energy efficiency alone, the development is estimated to achieve a reduction of 15 tonnes per annum (4%) in regulated carbon dioxide emissions compared to a 2010 Building Regulations compliant development. Furthermore, the applicant has now confirmed that it intends an overall reduction of 153 tonnes of carbon dioxide per year in regulated emissions compared to a 2010 Building Regulations compliant development, equivalent to an overall saving of 40%. 16 The application now complies with London Plan Policy. Climate change adaptation 17 At the consultation stage the applicant indicated that 140 sq.m. green roof could be provided and the Council were asked to secure this via condition. 18 A suitable condition has now been attached to the permission and the application now complies with London Plan Policy 5.11. Transport 19 At the consultation stage, a number of issues were highlighted in relation to transport matters, specifically in relation to bus capacity, bus stop upgrades, a pedestrian environment review system (PERS) assessment, the School Travel Plan, the Delivery and Servicing Plan and the Construction and Logistics Plan. 20 The Travel Plan and PERS assessment have been secured via condition and this is supported.