References: P/2011/1180 00558/A/P41

Address: Harrods Ltd centaurs Business Centre Grant Way, Isleworth, London, TW7 5QD

Ward: Osterley and Spring Grove

Proposal: Erection of temporary 5-storey office accommodation comprising 23310m2 B1 office and associated plant and infrastructure for a period of 5 years.

Drawing numbers:

477TP1002

477TP1003

2551001L

2551002L

2551003L

2551004L

Design and Access Statement

Planning Statement

Received 05/05/2011

Valid Date: 05/05/2011

1.0 SUMMARY

1.1 A temporary planning permission is requested for 23,310m2 of B1 office space for a period of 5 years. This is to allow for the provision of the required office space within the BSkyB campus owned land while the consented masterplan is implemented and offices are decanted into the new buildings.

1.2.1 It is considered that the proposal is acceptable and approval,

subject to safeguarding conditions and the completion of an acceptable S106 agreement, is recommended.

2.0 SITE DESCRIPTION

Sustainable Development Committee

29th June 2011 e-mail: sarah.scannell@hounslow.gov.uk

2.1 The site is part of the BSkyB Osterley Campus, which is located to the

north west of Harlequin Avenue, 250m north of the Great West road (A4). 2.2 The application site is 1.25ha and was previously associated with the

Harrods Distribution Centre. It comprises a surface car park. The site is bound to the east by the new BSkyB Harlequin1 building and the Harrods Distribution Centre to the west (now within the ownership of BSkyB). The remainder of the BSkyB campus is located to the south.

2.3 The north-eastern site boundary, close to the Harlequin 1 site, is marked

by a railway line, beyond is a waste transfer station. Beyond this is MOL land (Boston Manor Park) which accommodates Boston Manor House (Grade 1 listed and within Conservation Area) and playing fields.

3.0 HISTORY 3.1 00558/A/P25 Principle of redevelopment of the existing site to create up to

69, 581 square metres of floorspace on the site for a broadcasting facility (use class B1(b)), offices (use class B1(a)) and warehouse/storage uses (use class B8), landscaping, 1125 car parking spaces, access and highway improvements, together with ancillary works, plant and equipment (outline consent).

Approved 23/04/2007

3.2 00558/A/P25A(1) Following approval of the Outline application 00558/A/P25 on 23 April 2007, for the principle of redevelopment of the existing site to create up to 69, 581 square metres of floorspace on the site for a broadcasting facility (use class B1(b)), offices (use class B1(a)) and warehouse/storage uses (use class B8), landscaping, 1125 car parking spaces, access and highway improvements, together with ancillary works, plant and equipment, reserved matters submitted pursuant to condition 1 for siting, design and external appearance for a mixed use media building providing television studios, broadcast support facilities and office space (site area of 20,831 square metres) to be positioned adjoining Harlequin Avenue.

Approved 09/07/2007

3.3 00558/A/P25 (1A)

Following approval for Outline application 00558/A/P25 on 23 April 2007, for the principle of redevelopment of the existing site to create up to 69,581 square metres of floorspace on the site for a broadcasting facility (use class B1(b)), offices (use class B1(a)) and warehouse/storage uses (use class B8), landscaping, 1125 car parking spaces, access and highway improvements, together with ancillary works, plant and

equipment details submitted pursuant to condition 1 reserved matter (Landscaping) of permission approved.

Approved 18/04/2007

3.4 00558/A/P27 Installation of a satellite dish (diameter 7.6m to 9.4m)

Approved 23/6/08

3.5 00558/A/P28 The installation and erection of two entrance/exit gates within existing boundary fences on either side of Grant Way

Approved 29/05/2008

3.6 00558/A/P30 Alterations to existing site entrance facilities including the installation of new vehicle traffic barriers

Approved 4/11/08

3.7 00558/A/P31 Variation of Condition 34 of approval 00558/A/P25 to change the wording of the condition from 'prior development' to 'prior to occupation'

Approved 9/10/08

3.8 00558/A/P32 Erection of a building housing plant and equipment essential to the operation of the BSkyB Harlequin 1 development.

Approved 23/10/08

3.9 00558/A/P33 Alterations to site entrance including the installation of a vehicle traffic barrier.

Approved 03/02/2009

3.10 00558/A/P34 Installation of two wind turbines 66.5m high (84.5m high AOD)

Approved and Legal agreement signed 30/12/2010

3.11 00558/A/P35 Erection of a Combined cooling and heating Plant

Approved 30/9/2010

3.12 00558/A/P36 Erection of single storey gate house and barrier system.

Approved 20/12/2010

3.13 00558/A/P37 Change of use from ancillary lorry park to staff car park for BSkyB incorporating surfacing, lighting, planting and access.

Approved 16/09/2010

3.14 00558/A/P38 Installation of a security gatehouse, vehicle barriers, pedestrian and cyclist gates with canopy, new boundary security fencing and related alterations to the carriageway alignment, pedestrian/cycle routes and landscaping.

Approved 21/01/2011

3.15 00558/A/P39 Alterations to an exiting car park including installation of an entrance barrier and landscaping to create a visitor car park.

Approved 13/05/2011

3.15 00558/A/P40 Installation of one wind turbine above the Harlequin 1 plant farm (instead of the two previously approved under planning permission 00558/A/P34 dated 30 December 2010)

Agreed subject to legal agreement

4.0 DETAILS 4.1 The application seeks to erect temporary office accommodation to house

23,310m2 of B1 floorspace. 4.2 The office space would be contained within portacabins units assembled

on site forming a building 105m long, 62m wide and 23m high (5 stories). They would be placed on the existing car park to the north east corner of the site.

Proposed site plan

4.3 The space is required to be used in the short term (over a five year period) as a result of the loss of existing office accommodation which BSkyB is renting at New Horizons Court (to the south of the main campus on the Great West Road, prior to the implementation of the phases of the approved scheme (000558/A/P25) which would reprovide this level of office space.

4.4 Condition 5 of the original masterplan permission (00558/A/P24) states:

‘The total amount of gross external floorspace in each respective use class permitted by this planning permission shall note exceed: USE CLASS AREA (m2) B1(a) 29534m2, B1(b) 38047m2, B8 2000m2 being a total of 69581m2.’

4.5 The offices are therefore temporary and will not result in net additional

office space once the full masterplan has been completed. Alongside the 23,310m2 of office space, the building would also provide a canteen and kitchen facility.

4.6 A total of 648 car parking spaces would be lost for Sky with both the

moving out from New Horizon Court and the construction of these temporary offices on the existing temporary car park on the application site (proposed site). The ultimate aim for BSkyB is to reduce the number of trips to the site by car. This will be done in line with the agreed Travel Plan covering the whole BSkyB campus. However, mitigation will be required to cater for a certain number of vehicles in the short term.

4.7 To mitigate against the loss of the parking spaces on the application site

and the new parking required for the offices on the site, BSkyB aim to bring back into use a car park in Syon Lane near Wyke Green Golf Club, which is in their ownership (166 spaces) and to rent additional spaces from other sites along the Great West Road which have surplus parking, whilst working towards the agreed Travel Plan reduction in overall parking.

4.8 In addition to the vehicle parking provided 134 cycle spaces will also be

provided across the campus over the next year. 4.9 Both vehicular and pedestrian access to the site will be from Grant Way 5.0 CONSULTATIONS 5.1 The application was advertised as a major/significant development

(Press Notices) and a site notice was also posted. 205 letters were sent to neighbouring residents on 11/05/2011

5.2 At the time of writing, no objections had been received from neighbouring

properties, however any responses will be reported by addendum.

Mayor of London

5.3 Commented that the application is in general compliance with London Plan policies and made the following comments:

• Employment: The principle for the additional space has been established in the original masterplan. So long as S106 is attached to any approval ensuring that at no time would office space on site exceed the approved scheme

• Urban Design: The temporary nature of the development would not give rise to objection on design grounds.

• Inclusive design: The proposal would meet the minimum accessibility standards

• Sustainable development: The temporary proposal does not raise strategic issues in this regard

• Transport The temporary proposal does not raise any strategic transport issues.

Transport for London

5.4 Responded that they have no comments to make on this case

London Underground

5.5 Responded that they have no comments to make on this case

Isleworth and Brentford Monitoring Committee

5.6 The application was heard at Isleworth and Brentford Monitoring Committee on 9th June 2011. Their comments are summarised below:

• Wanted to ensure residents on Oaklands Avenue were consulted.

• Wanted to see evidence of parking down Great West Road and are concerned about overspill parking.

5.6 Officers can confirm that Oaklands Avenue have been consulted and that additional details have been received in relation to the parking on site – this will be reported below in the traffic section.

6.0 POLICY

NATIONAL POLICIES

6.1 The relevant national planning policies are:

• Planning Policy Statement 1: Delivering Sustainable Development

• Planning Policy Statement 4: Planning for Sustainable Economic Growth

• Planning Policy Statement 5: Planning for the Historic Environment

• Planning Policy Guidance 13: Transport

• Planning Policy Statement 22: Renewable Energy

• Planning Policy Statement 23: Planning and Pollution Control

• Planning Policy Guidance 24: Planning and Noise

• Circular 05/2005: Planning Obligations 6.2 When determining applications for planning permission, the authority is

required to have regard to the development plan, so far as is material, and to any other material considerations. In addition, the determination must be made in accordance with the development plan unless material considerations indicate otherwise.

6.3 The Development Plan for the Borough comprises the saved policies in

the Council’s Unitary Development Plan (‘UDP’), the Employment Development Plan Document, the Brentford Area Action Plan and the London Plan.

6.4 The London Plan (Consolidated with alterations since 2004) was

adopted in February 2008. 6.5 The UDP was adopted in December 2003 and was amended and saved

as of 28 September 2007 by Direction from the Secretary of State. 6.6 The Employment Development Plan Document was adopted on 25

November 2008. The Brentford Area Action Plan was adopted on 27 January 2009. Neither is relevant in this case.

6.7 The adoption of Brentford Area Action Plan (BAAP) in January 2009 and

the Employment Development Plan Document (EDPD) in November 2008 represent a significant recent change in the policy context both for the site and the wider area since the appeal proposals were dismissed

6.8 The most relevant policies of the London Plan in the assessment of the

proposal are:

Policy 2A.1 Sustainability criteria

Policy 3B.1 Developing London’s economy

Policy 3B.2 Office demand and supply

Policy 3B.11 Improving employment opportunities for Londoner’s

Policy 3C.1 Integrating transport and development

Policy 3C.2 Matching development to transport capacity

Policy 3C.9 Increasing the capacity, quality and integration of public transport to meet London’s needs

Policy 3C.19 Local transport and public realm enhancements

Policy 3C.21 Improving conditions for walking

Policy 3C.22 Improving conditions for cycling

Policy 3C.23 Parking strategy

Policy 3D.8 Realising the value of open space and green infrastructure

Policy 3D.11 Open space provision in UDPs

Policy 3D.12 Open space strategies

Policy 3D.14 Biodiversity and nature conservation

Policy 4A.1 Tackling climate change

Policy 4A.3 Sustainable design and construction

Policy 4A.4 Energy assessment

Policy 4A5 Provision of heating and cooling networks

Policy 4A.6 Decentralised energy: heating, cooling and power

Policy 4A.7 Renewable energy

Policy 4A.12 Flooding

Policy 4A.14 Sustainable urban drainage

Policy 4A.16 Water supplies and resources

Policy 4A.19 Improving air quality

Policy 4A.20 Reducing noise and enhancing soundscapes

Policy 4B.1 Design principles for a compact city

Policy 4B.3 Enhancing the quality of the public realm

Policy 4B.5 Creating an inclusive environment

Policy 4B.6 Safety, security and fire precaution and protection

Policy 4B.8 Respect local context and communities

Policy 4B.11 London’s built heritage

Policy 6A.4 Priorities in planning obligations

Policy 6A.5 Planning obligations

6.9 The most relevant policies of the Unitary Development Plan:

IMP.1.1 Integrating patterns of land use and the provision of transport

IMP.6.1 Planning Obligations

ENV-B.1.1 New Development

ENV-B.1.2 High buildings or structures affecting sensitive areas

ENV-B.1.3 High buildings or structures in areas other than those listed in ENV-B.1.2

ENV-B.1.5 Environmental improvements

ENV-B.1.9 Safety and security

ENV-B.2.2 Conservation Areas

ENV-P.1.1 Environmental sustainability: environmental impact statements and sustainability checklist

ENV-P.1.2 Water pollution and water quality

ENV-P.1.3 Surface water run off

ENV-P.1.4 Waste water management

ENV-P.1.5 Noise pollution

ENV-P.1.6 Air pollution

ENV-P.1.7 Light pollution

ENV-P.2.1 Waste management

ENV-P.2.4 Recycling facilities in new developments

T.1.2 The movement implications of development

T.1.4 Car and cycle parking and servicing facilities for developments

T.2.1 Pedestrian access

T.2.2 Pedestrian safety and security

T.2.3 Strategic and local cycle networks

T.2.4 Public transport infrastructure

T.2.6 Safety of public transport

T.3.1 Improvements sensitive to particular uses

T.4.2 Oppose overall increases in highway capacity for private vehicle and seeks reduction in traffic levels

T.4.3 Traffic implications of new development

T.4.4 Road safety

T.5.1 Air quality implications of traffic

T.5.2 Reducing traffic nuisance in residential areas

T.5.3 Vehicle crossovers and hardstandings

Employment Development Plan Document 6.10 Relevant Employment DPD policies are:

E1 Maintaining Employment Capacity- The Council will seek to sustain and enhance employment capacity (land, floorspace, and/or jobs) through the management and protection of strategic and locally significant locations for employment, including on the Great West Road.

E2 Locations for Employment- New industrial and warehousing development will be directed to existing industrial locations.

E3 Local Employment Opportunities- The policy seeks to enhance local employment opportunities for residents through upskilling the population and retaining businesses in the Borough.

EP7 Industrial Business Park (Great West Road)- The Council will promote, arrange and where necessary protect GWR Industrial Business Park for industrial uses including research and development and industrial-related uses that require better quality surroundings.

Brentford Area Action Plan

6.11 Relevant BAAP policies are:

BAAP 1 Sustainable Development- Developers of all major developments should engage deliver developments that take account of the wishes of the community, based upon local economic, social, physical and environmental needs and in so doing, strengthen community cohesion and facilitate social inclusion.

BAAP 2 Urban Design- High quality redevelopment of all proposal sites will be required in order to enrich existing areas of distinctive local character, rejuvenate those areas that lack a positive identity, and improve the overall quality of Brentford’s urban form.

BAAP4 The Great West Road

BE4 BSKYB, Centaurs Business Park, Syon Lane, Isleworth

6.13 Supplementary Planning Document (SPD) on Planning Obligations and

Air Quality were adopted by the Council on 11 March 2008. 6.14 1997 Supplementary Planning Guidance- The guidance contained

within the Supplementary Guidance was subject to formal public consultation and unlike normal SPG were subject to an inquiry process and consideration by a government inspector. The Inspectors report recommended the appendices be removed from the plan, as they added to its bulk, cost and complexity and may well have consumed further resources at the first review of the UDP. He also considered that they could stand alone away from the main plan as SPG. This was the course of action to be taken by the Council. During the consultation process, objections were received from individual house builders and the HBF. The guidance was amended as part of the process. The Council did not therefore consider it necessary to reconsult on this proposed guidance, but simply to use the guidance in light of the suggested amendments and the Inspector’s comments.

OTHER MATERIAL DOCUMENTS

6.15 Other material documents are:

• Accessible London : Achieving an Inclusive Environment (April 2004) (London Plan Supplementary Planning Guidance)

7.0 PLANNING ISSUES

7.1 This major outline planning application raises a series of both strategic and detailed issues for the Council. Key issues are identified as follows:

1. Principle of development

2. Design and Appearance

3. Impact upon neighbours’ living conditions

4. Environmental Considerations

5. Access and parking

6. Sustainable building principles

7. S106 Obligations and community infrastructure

Issue 1: Principle of development

7.2 At the national level, PPS1 sets out the Government’s key objectives for delivering sustainable development. It sets out that planning should promote sustainable and inclusive patterns of development by:

• making suitable land available for development in line with economic, social an environmental objectives to improve people’s quality of life;

• contributing to sustainable economic development;

• ensuring that development contributes towards the creation of safe, sustainable, liveable and mixed communities with good access to jobs and key services for all members of the community.

7.3 PPS 4 Planning for Sustainable Growth encourages sustainable economic growth.

7.4 The proposed development would meet the requirements of this national policy as it is promoting the growth of the BSkyB network in Hounslow, in line with the previously approved masterplan.

7.5 London Plan Policy 2A.1 highlights the need for London to promote, support and encourage economic development by optimising the use of previously developed land. Policies 3B.1 and 3B.2 encourages the providing of a wide range of premises at different sizes to cater for varied economic uses. These policies are reflected in the Draft London Plan

which although not yet of material consideration, should still hold weight in decision-making. Policy 2.7 (Outer London Economy) encourages proposals which allow exiting forms of economic growth to grow more effectively and policy 4.2 (offices) supports the management and mixed used development of offices to improve London’s competiveness and attract varied business and meet the distinct needs of individual area.

7.6 The proposed development would be in line with the principle of these London Plan policies as it is providing varied office accommodation in association with the existing use of the site, in line with the parameters of the approved masterplan.

7.7 UDP Employment policies have been superseded by the Employment Development Plan Document (EDPD). The site is located with the Great West Road Industrial Park which is highlighted in the EDPD. Policy EP1 of the document states that new office space should primarily be directed towards town centres unless sequential tests demonstrate there are no other suitable sites. This proposal would not meet this requirement. However, as the quantum of office space has already been agreed as part of the BSkyB masterplan, this quantum of this temporary office space has already been given in principle planning approval.

7.8 Policy EP7 of the EDPD seeks to manage and protect the Great West Road Business Park as a location for industrial related uses. Non-industrial uses will only be acceptable where the primary function of the Business Park is not undermined and there is no significant net loss of industrial capacity.

7.9 The existing site is a temporary car park. Although the introduction of offices onto this land would not be an industrial use, the land is now owned by BSkyB and the offices would comprise part of the offices approved in the masterplan. At no time will the approved level of office space be exceeded as a result of this application (secured by s106). It is therefore considered that the proposal would meet the requirement of EP7.

7.10 The Brentford Area Action Plan (BAAP) provides the local strategy for the regeneration of Brentford over a ten year period. Policy BAAP1 Sustainable Development seeks to ensure that new development makes the most efficient use of resources such as land and energy; addresses local environmental issues such as poor air quality, noise pollution and flood risk; and contributes to the provision of the social and physical infrastructure required to support the area’s rapidly growing community.

7.11 Policy BAAP4 The Great West Road, outlines a range of key considerations to be used when considering applications along the Great West Road, including promoting sustainability, development of highest quality and ensure the safeguarding of environmental conditions.

7.12 BE4 BSKYB, Centaurs Business Park, Syon Lane Isleworth confirms the desire to retain and consolidate BSkyB headquarters through

intensification and redevelopment to provide high quality flexible business pace to accommodate and facilitate the company’s future growth on this site.

7.13 It is considered that the proposed scheme would meet the requirements of the BAAP as it will lead to a short term intensification of the BSkyB operation, which at no time would be an increase to the approved masterplan, and would facilitate the development of the overall approved masterplan.

Conclusion

7.14 The office space proposed within this scheme is part of that office space already approved as part of the BSkyB campus masterplan (000558/A/P25) albeit in temporary form, as a result of the lease on the existing offices spaces coming to an end. The policy considerations of this space has already been considered as part of the masterplan development and the space proposed here would not alter the policy position.

Issue 2: Design and appearance

7.15 PPS 1 emphasises that design which fails to take opportunities available for improving the character and quality of an area or that is innappropriate in its context should not be accepted. Policy ENV-B.1.1 of the UDP promotes high quality design that enhances the overall environmental quality and townscape. Section 1.0 of the UDP Supplementary Planning Guidance (SPG) states that the design and layout of proposed developments must enable them to be compatible with, and make a positive contribution to the character of the locality. New buildings must relate satisfactorily to adjoining and neighbouring buildings and spaces. The scale, massing, siting, size and height of these buildings should be respected by new development, although this need not exclude original innovative design.

7.16 All policies in the London Plan promote sustainable development (p. 39). Policy 2A.1 sets out the criteria that guide the approach to development. Development should:

• optimise the use of previously developed land and vacant or underused buildings;

• use a design-led approach to optimise the potential of sites;

• occur in locations that are currently, or planned to be, accessible by public transport, walking and cycling and that are accessible to town centres, employment, housing, shops and services;

• take account of the capacity of existing or planned infrastructure including public transport, utilities and community infrastructure;

• take account of the physical constraints on the development of land, including, for example, flood risk, and ensures no significant

harmful impacts occur, or that such impacts are acceptability mitigated;

• take account of the impact upon natural resources, environmental and cultural assets and the health of local people;

• prevent major accidents;

• take account of the suitability of the site for mixed-use development and potential contribution to strengthening local communities.

7.17 Policy 4B.8 requires that new developments respect their local context and communities, in terms of social, physical, cultural, historical, environmental and economic characteristics.

7.18 These policies are also reflected in the Draft London Plan with Policy 7.2 (All inclusive environment) seeking high standards of inclusive design, policy 7.4 (Local character) which states that development should have regard for form, function and structure of an area and policy 7.6 (Architecture) which states that architecture should make a positive contribution to a coherent public realm.

7.19 The proposed development site is an existing surface level car park. The site currently has low visual merit, bound by the new Harlequin 1 building, the energy centre and the existing Sky buildings. It is not considered that there is anything of merit to preserve.

7.20 In relation to the surrounding buildings, of the original Sky buildings that remain, Sky 1, 2, 3, 4, 5, 6, 7, 8 and Athena Court are predominately 3 –4 stories in height. The new Harlequin 1 building is 36.5m high and the new CCHP plant (still under construction) will be 18m high. The warehouse to the north west of the site measures approximately 30m in height

Proposed site context proposed drawings

7.21 The development would consist of a number of portacabins, stacked to a height of 23m. This would be significantly higher then the existing ‘Sky’ buildings, but would remain lower then the Harlequin 1 building. The building would also be 5m higher then the CCHP building.

7.22 The budiling would take up the majority of the existing car park area with a small boundary around the portacabins to allow for access and servicing.

7.23 The nature of the site is industrial, with functional buildings. Although the portacabin design is not something that officers would promote on the site on a permanent basis, owing to the temporary nature of the building, and the use of the site as office space, it is considered that this functional design is adequate for a temporary period.

7.24 The proposal would not tie in with the character and appearance of the newly developed Harlequin 1 building, or the CCHP plant, both of which adjoin the application site, however, as the masterplan develops and gets built out the buildings that will replace the portacabins will be of a far higher quality design, subject to far more rigorous design assessment.

7.25 It is considered that the existing buildings on site would block the views of the proposed development. From the Boston Manor side the CCHP plant, waste refuse centre and elevated M4 would block the most prominent views. The existing warehouse on the adjacent site (north west) would block views from the north west (although it may be obliquely visible from the Goals and Grasshoppers playing fields), and would be completely blocked by Harlequin 1 from the east. In relation to the residential properties to the south of the site, it is noted on the application drawings that the ground level is higher towards Syon Lane, thereby creating a valley in the development site. It is therefore considered that no predominant views of the site would be taken from the closest properties.

Conclusion

7.26 It is considered that as a result of the application sites location, the surrounding buildings and the temporary nature of the development, no significant harm would be caused to the appearance of the site or the general area.

Issue 3: Impact upon neighbours’ living conditions

7.28 UDP Policy ENV-B.1.1 states that in relation to the context, form and layout of buildings and spaces, new development should “(A.5) ensure adequate daylight and sunlight reaches properties, and minimise any detrimental impact on adjoining properties, by applying the Council’s adopted standards (see SPG).” The reference to adopted standards (see SPG) is to the UDP SPG (February 1997), which gives daylight and sunlight standards at Section 4.

7.29 The nearest residents to the south are those on Oaklands Avenue approximately 427m away from the proposed site and those on Syon lane who are 495m away. To the north of the site are properties on Boston Gardens who are approximately 600m away and separated from the site by the M4 and playing fields.

7.30 At these distances, it is not considered that the proposed use would result in any additional noise and disturbance to these surrounding neighbours. Although a few ancillary functions to the office space proposed (including kitchen, canteen, waste storage and bike store), predominantly it would be office accommodation which produces infrequent noise disturbances.

7.31 In relation to views, as discussed above, the building may be slightly visible from some of the surrounding houses. However, given the land profile, the surrounding uses and the fact that this is a temporary permission for a temporary building, it is not considered that the long term views from any sensitive receptors will be harmed as a result of this development.

7.32 The impact on neighbours of the additional transport movements to this site from New Horizons Court shall be discussed in the transport section below.

Conclusion

7.33 The assessment of the proposal therefore concludes that there will be no significant harm caused to surrounding neighbours as a result of this application.

Issue 4: Environmental Considerations

7.34 Planning Policy Statement 9 (PPS9) sets out the Governments planning policy on the protection of biodiversity and geological conservation through the planning system. The key principles of the PPS9 include the

aim that planning decisions should prevent harm to biodiversity and geological conservation interests. In respect of species protection, PPS9 places obligations on the planning authorities to ensure the protection of such species from the adverse effects of development, where appropriate, by using planning conditions or obligations. Permission should be refused where harm to the species or their habitats would result unless the need for, and benefits of the development clearly outweigh that harm.

7.27 Paragraph 14 of PPS9: Biodiversity and Geological Conservation states

“Development proposals provide many opportunities for building-in beneficial biodiversity or geological features as part of good design. When considering proposals, local planning authorities should maximise such opportunities in and around developments, using planning obligations where appropriate.”

7.29 Planning Policy Statement 23 states that LPA’s must be satisfied that

planning permission can be granted on land use grounds taking full account of environmental impacts, to ensure that in the case of potentially polluting developments that the relevant pollution control authority is satisfied that potential releases can be adequately regulated under the pollution control framework. Also the effects of existing sources of pollution in and around the site are not such that the cumulative effects of pollution when the development is added would make that development unacceptable. It makes reference to development in air quality management areas and states that whilst it is important that the possible impact on air quality to or in an air quality management area are considered, it is not the case that all planning applications for development inside or adjacent should be refused if the developments would result in a deterioration of local air quality.

7.30 As stated in London Plan Policy 3D.14, “The planning of new

development and regeneration should have regard to nature conservation and biodiversity, and opportunities should be taken to achieve positive gains for conservation through the form and design of development. Where appropriate, measures may include creating, enhancing and managing wildlife habitat and natural landscape and improving access to nature.” This is also reflected in Draft London Plan policy 7.19 (Biodiversity and access to nature) and 7.20 (Geological conservation)

7.31 UDP policy ENV-P.1.6 (Air Pollution) states that all development which

are potentially polluting will require a detailed air quality assessment and the Council will consider the effect on air quality and if significant, seek mitigation measures to reduce the potential impact on air quality.

7.32 Brentford Action Area Plan policy 1 promotes the minimisation and then

reduction of emissions from on-site renewable energy generation.

7.33 There is limited biodiversity value within the subject site. The surrounding areas, including the MOL, have the potential to support wildlife However, the buildings are temporary in nature, will involve no extraction or foundation work and are placed on tarmac surface. Therefore no Environmental Impact Assessment was requested as part of the application.

7.34 The increase in floor area would usually result in an increase in trips to

the site, however, as the floor area has already been approved as part of the BSkyB masterplan and the use is existing adjacent to the application site, it is not considered that there would be any significant increase in pollution as a result of vehicular trips to the site.

Conclusion

7.35 Due to the temporary nature of the development and the portacabin

design, it is not considered that the proposal would result in any significant environmental effects.

Issue 5: Access and parking

7.34 PPG 13 (Transport) sets out to integrate planning and transport at the national, regional, strategic and local level to promote more sustainable transport choices for moving people, promote accessibility to jobs, shopping, leisure facilities and services by public transport and reduce the need to travel, especially by car.

7.35 PPG13 stresses the importance of “accessibility” by non-car modes i.e.

public transport, walking and cycling. It also stresses the importance of promoting more sustainable transport choices for people and reducing the need to travel, especially by car.

7.36 Policy, BAAP4 promotes development which encourages sustainable

modes of transport and sustainable access along the strategic road corridor. BE4 sates that development at the BSkyB site should encourage connected working with the Council to deliver schemes that are sustainable as possible given its poor public transport accessibly.

7.37 London Plan Policy 3C.23 (Parking Strategy) also seeks to ensure that

on-site car parking at new developments is the minimum necessary and that there is no over-provision that could undermine the use of more sustainable non-car modes. Parking standards for the London Plan are set out at Annex 4 with the maximum standard for B1 employment uses being 1 space per 100-600m2 of gross floor area. Policy 6.13 (Parking) of the Draft London Plan reflects this previous policy seeking an appropriate balance between promoting new development and preventing excess car parking that could undermine cycling, walking and public transport use and also makes a possible provision for higher levels of car parking in areas identified within the DPD where higher parking levels are tested to have no harm.

7.38 The original masterplan allocated a specific number of parking spaces to be provided on site once the final phase was completed. This was a total on ‘on campus’ provision of 1125 spaces (1325 if Athena Court is included) by December 2015.

7.39 The proposed development would remove an existing 200 space parking area which is currently used by employees at BSkyB. In addition, as a result of the loss of the use of the New Horizons Court offices, 448 spaces on this site would also be lost. This scheme would therefore result in a loss to BSkyB of a total of 648 existing parking spaces.

7.40 Although the spaces lost are relevant, a more exact calculation would be to look at the parking requirement for the level of office space required as a result of the proposed scheme. The proposed scheme would place 23,310m2 of office floor space on the site. The Councils maximum standard for office space in this location is 1 space per 100m2. However, in this case, BSkyB has the extant masterplan outline planning consent that allows for 1 space per 62m2 for the approved office floorspace. Taking this into consideration, proposal would require the provision of 376 parking spaces for the new offices. There is therefore a requirement for 576 spaces in total being provided (including the 200 lost from the application site).

7.41 BSkyB have stated that some of this requirement will be provided by the reopening of the Syon Lane car parking owned by BSkyB. This will provide 166 spaces.

7.42 The remaining 410 parking spaces will be catered for by using sites along the Great West Road that have surplus spaces available for use. Although officers were keen to secure these spaces prior to any approval being recommended, this is not possible as the leases for these spaces can only be signed when there are assurances that they will be needed (ie. when permission granted and the building work for the use commences). And the availability of these sites can change over time depending on the current use of each site.

7.43 However, the applicants have provided a ‘snap shot’ of the spaces that are currently available for BSkyB to rent along the Great West Road. These are as follows:

Site No of spaces

SEAT Layton Road 100

Equinox 300

West Cross Industrial Estate 100

Gillette (additional to existing) 70

Grasshoppers (additional to existing) 30

White Lodge Harrow Hills 80

Total 680

7.44 This chart demonstrates that there is provision to provide the 410 spaces required for the use along the Great West Road. The use of these surplus spaces is considered to be acceptable in traffic terms as the spaces were tested as part of the original planning applications for each of the sites.

7.45 In relation to securing this, it is envisaged that a condition will be placed on any approval requesting details of the contracts for this spaces to be submitted to the Council prior to works starting on the site.

7.46 There is, however, concern that some of the proposed surplus spaces that could be leased by BSkyB are a good distance away from the office site and whilst a shuttle bus link could be provided, some staff may choose to park on the residential roads to the south of the A4 Gillette Corner junction, a short walk from the BSkyB site, rather than park on a leased space much further from the site and wait for the shuttle bus service.

7.47 To mitigate against this, the applicants have agreed to a clause in the S106 for this development which states that if the sourced car parking is over 800m from the offices site, a contribution towards a CPZ shall be made to be used for a CPZ feasibility study on the streets around the BSkyB campus.

7.48 In relation to the noise and disturbance of vehicles for surrounding houses it is considered that as the application site is currently used as a car park, there could actually be a reduction in the number of vehicles entering Grant Way to gain access to BSkyB, and far more dispersal of the vehicular traffic along the Great West Road.

7.49 It is therefore considered, that, subject to the safeguarding conditions and the details proposed by the applicants, the number of parking spaces provided in the scheme will meet the quantum agreed in the masterplan application that is anticipated to cater adequately for a number of staff on site.

7.50 Alongside this parking provision, the offices will also be tied to the travel plan from the original masterplan application. The plan targets a 2015 mode share of 34% for car drivers and 6.5% for passengers. This equates to a 29% reduction in car use within 10 years. From the target result received so far, there has been an 18% reduction in drivers since 2006, an indication that the methods within the travel plan are working.

7.51 It is therefore considered that as the office space that is the subject of this application is part of the larger masterplan uses, the continuation of this travel plan should be adequate to ensure the achievement of the sustainability criteria of the Council.

Conclusion

7.52 The details submitted by the applicant suggest that the provisions set out in the Transport Statement and the Travel Plan would ensure that no significant harm would be caused to the highways network as a result of this application.

Issue 6: Sustainable building principles

7.53 The broad aim of sustainable development is to ensure that the quality of social, economic and ecological environments are improved and maintained for future generations. The UDP and London Plan encourage sustainable development through many policies including promoting the use of energy efficient building design and materials, re-use of previously developed land and existing buildings, and location of development in or close to town centres and areas with good public transport.

7.54 Sustainability underpins many policies of the UDP and the London Plan. These require developments to be sustainable in transport terms, to minimise waste, include energy efficiency measures and promote the use of renewable energy, and not significantly increase the requirement for water supply or surface water drainage. The London Plan sets out an energy efficiency hierarchy for developments to follow: use less energy -“ be lean”, supply energy efficiently - “be clean” and use renewable energy - “be green”.

7.55 London Plan policies 4A.4, 4A.5, 4A.6 and 4A.7 cover the need for new development to maximise use of renewable energy, generated on-site where possible to maximise energy efficiency and reduce potential carbon emissions. Policy 5.1 of the Draft London Plan (Climate change mitigation) seeks to achieve an overall reduction in London’s carbon dioxide emissions of 60% (below 1990 levels) by 2025. This is supported by policy 5.2 (Minimising carbon dioxide emissions) which enforces the energy hierarchy, sets targets for carbon reduction from 2006 building regulations, sets a requirement for energy statements with all major developments, sets a minimum requirement for energy statements and states that onsite provision is preferred but that offsite provision may be acceptable.

7.56 Policy BAAP1 requires all major developments to show how heating, cooling and power systems will minimise Carbon Dioxide (CO2) emissions and then reduce CO2 emissions by at least 20% from an on site renewable energy generation and contribute to the provision of services, facilities and infra structure within the area to deliver the environmental, social, community, education and health capacity to respond to increasing pressure generated by the development.

Sustainable drainage systems should be used and developers must demonstrate that there is adequate water supply and wastewater infrastructure capacity. Community and neighbourhood based organisations should be engaged to take account of the wishes of the community to strengthen community cohesion and facilitate social inclusion.

7.57 The BSkyB campus masterplan made a commitment to an overall level of renewable energy and sustainability on site. Condition 40 sates:

‘Before occupation or commencement of broadcasting, which ever is the later, of each phase of development an on-site scheme to meet 20% of the sites energy needs from renewable sources for that phase shall be operational in accordance with details submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority.’

7.58 This 20% will be achieved through the installation of the CCHP plant (00558/A/P35) and the wind turbines (00558/A/P34 & 00558/A/P40). As the proposed scheme is temporary in nature, the applicants have stated that it is not sustainable to connect these offices to the CCHP plant as the technology required to development would be require a significant amount of development.

7.59 However, the applicants have stated that a number of sustainability criteria have been included in the development of this project. These include the recycling of the portacabins once they are removed from site, portacabin construction off site for fewer construction vehicle movements and less waste from building demolition.

7.60 This provision does not strictly accord with Council or London plan policy requirements, and assessment is still ongoing regarding if this provision is acceptable or not.

Conclusion

7.57 Due to the temporary nature of the scheme, the applicants have stated that it is not viable to attach to the existing renewable energy network for the BSkyB campus, however a number of sustainable objectives have been met in the design of the buildings.

Issue 7: Legal Agreement (s106)

7.61 UDP policy IMP6.1 states that the Council will seek to ensure that a developer enters into a planning obligation to secure planning benefits related to the proposed development. A payment or other benefit offered pursuant to a section 106 agreement is not material to a decision to grant planning permission and cannot be required unless it complies with the provisions of the Community Infrastructure Levy Regulations 2010 (regulation 122), which provide that the planning obligation must be:

(a) necessary to make the development acceptable in planning terms;

(b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development.

Accordingly, it is mandatory that each criterion be satisfactorily addressed prior to granting planning permission subject to a section 106 agreement.

7.62 Government Circular 05/2005 provides guidance on the use of planning obligations, which may impose a restriction or requirement, or provide for payment of money from the developer to make acceptable development proposals that might otherwise be unacceptable in planning terms. The Council’s Supplementary Planning Document on Planning Obligations (which was adopted in March 2008) contains guidance on the imposition of planning obligations in compliance with Circular 05/2005. These obligations may offset shortfalls in the scheme or mitigate the impacts of the development.

7.63 A key consideration with this application is to ensure that the office space provided here would be part of the total office floor space allowed within the original BSkyB masterplan permission.

7.64 The only way to secure this is though the signing of a legal agreement

that ensures that as the office buildings are built out as part of the approved masterplan, the office space in the portacabins is removed. In this way, at no time would there be any additional office space on site than that which has already been granted by planning permission.

7.65 The agreement will also ensure that the structure will only last on site for

five years, thereby ensuing that the structure can not stay on site indefinitely, and the requirement to commence the contribution to the CPZ should the off site car parking be located over 800m from the office site.

7.66 The applicants have agreed to the principle of this agreement.

Conclusion

7.63 It is considered that although the assessment relating to planning obligations is still ongoing, the principle of an agreement which ensures the office space agreed as part of the masterplan is not exceeded is acceptable.

8.0 EQUAL OPPORTUNITIES IMPLICATIONS 8.1 The Council has had due regard to its Equalities Duties and in particular

with respect to its duties arising pursuant to the Equality Act 2010, section 149. Following a relevance test, which is available at: http://www.hounslow.gov.uk/index/council_and_democracy/equality/eias/environment_eias.htm it is considered that there will be no specific

implications with regard to the Council’s duty in respect of its equalities duties and that if approving or refusing this proposal the Council will be acting in compliance with its duties.

9.0 RECOMMENDATION

APPROVAL

1. That planning permission be granted subject to the following conditions and securing the abovementioned planning obligations by the prior completion of a satisfactory legal agreement or unilateral undertaking made under Section 106 of the Town and Country Planning Act 1990 and or other appropriate legislation, the exact terms of which shall be negotiated by appropriate officers within the Department of Environment on the advice of the Borough Solicitor.

2. The satisfactory legal agreement or unilateral undertaking outlined above

shall be completed and planning permission issued by 28th July 2011 or such extended period as may be agreed in writing by appropriate officers within the Department of Environment or Borough Solicitor’s Office.

3. If the legal agreement or unilateral undertaking is not completed by the

date specified above (or any agreed extended period), then the Director of Environment or Assistant Director - Environment Department (Regulatory & Development Services) or Development Control Support Manager is hereby authorised to refuse planning permission for the reason that the proposal should include planning obligations required to make the development acceptable in planning terms in accordance with Regulation 122 of the Community Infrastructure Levy Regulations 2010, development plan policies and the Planning Obligations SPD, as described in Section 4-7 of this Report.

4. If planning permission is refused (for the reasons set out above), the

Director of Environment or Assistant Director - Environment Department (Regulatory & Development Services) or Development Control Support Manager (in consultation with the Chair of SDC Committee) is hereby authorised to approve any further application for planning permission validated within 12 months of the date of refusal of planning permission, provided that it (a) duplicates the planning application, and (b) that there has not been any material change in circumstances in the relevant planning considerations, and (c) that a satisfactory legal agreement or unilateral undertaking securing the obligations set out in the Report is completed within any specified period of time

Reason and conditions

With appropriate safeguarding conditions, the proposed temporary consent to provide 23,310m2 B1 office space would be acceptable in principle as it would at no time allow more office space then is permitted

under the approved masterplan. The development would not have a harmful effect on the surrounding area, surrounding residents or the surrounding environment. The proposal therefore complies with planning policy including PPS 1, PPS4, London Plan Policy 2A.1 (Sustainability criteria), 3B.1 (Developing London’s Economy), 3B.2 (Office Demand and Supply), Employment Development Plan Document EP1 (Maintaining Employment Capacity) and EP7 (Industrial Business Park Great West Road) and Brentford Area Action Plan policy BAAP 1 (Sustainable Development) BAAP 4 (Great West Road), and BAAP BE4 BSkyB, Centaurs Business Park, Syon Lane)

Draft Safeguarding Conditions

1 A1a Time Limit for Commencement

2 C1 Temporary Permission (5 years)

3 B5 Detailed applications

4 N/S No development shall take place until leases and site plans for land rent for 409 spaces have been submitted to and agreed by the Council.

Reason:

To ensure the surrounding residents are no harmed by increases in on street parking around the site in accordance with UDP policy ENV-B.1.1 and T.1.4.

Background papers

The contents of planning file ref. 00558/A/P41save for exempt or confidential information as defined in the Local Government Act 1972, Sch. 12A Parts 1 and 2.