London Borough of Hounslow (Lionel Road South) Compulsory Purchase Order 2014 STATEMENT OF REASONS

Transcription

1 London Borough of Hounslow (Lionel Road South) Compulsory Purchase Order 2014 STATEMENT OF REASONS Town and Country Planning Act 1990 Section 226(1)(a) Local Government (Miscellaneous Provisions) Act 1976 Section 13 Acquisition of Land Act

2 Contents 1 Introduction 2 Enabling Powers 3 Description of Order Land 4 Project Background 5 Planning Position & Scheme 6 Purpose and justification for use of compulsory purchase powers 7 Consultation with stakeholders and community 8 Human Rights 9 Any Special Considerations affecting the Order Land 10 Resources for land acquisition, delivery and implementation 11 Conclusions 12 Additional Information for Persons affected by the Order 2

3 1.0 Introduction 1.1 This is the Statement of Reasons in support of the London Borough of Hounslow Lionel Road South Compulsory Purchase Order 2014 (the Order).The primary purpose of the Order is to facilitate the comprehensive regeneration of approximately 4.7 hectares of land through a comprehensive redevelopment of the existing employment area surrounding Lionel Road South (the Order Land, as described more fully below) and to secure the long term stadium requirements of Brentford Football Club (BFC) ensuring that it stays in the Borough and its positive social, economic and environmental impacts are maintained and enhanced. This will be achieved through the relocation of Griffin Park Stadium, new housing and commercial space, hotel, community and sports facilities, as well as environmental improvements. 1.2 The majority (or 66% (excluding the beneficial land interest held in the Duffy site)) of the proposed development site is now owned by BFC through its development company Lionel Road Developments Limited (LRDL / the Developer), however there are other land interests currently in private ownership which make up the wider regeneration site. Hounslow Borough Council (the Council) in association with BFC, has encouraged a scheme to be brought forward through the assembly of adjoining land (including the Duffy site and Capital Court) in order to deliver a comprehensive redevelopment proposal. The adopted Brentford Area Action Plan (BAAP) includes objectives supporting the relocation of BFC to the Order Land. 1.3 The Council has worked with BFC to achieve a scheme which delivers key outputs for the Borough which may encourage other development nearby. LRDL submitted a planning application for the comprehensive regeneration of land in the vicinity of Lionel Road South which the Council resolved to approve at committee in December 2013, subject to completion of a planning agreement. Planning permission was subsequently granted for the scheme on 12 June The Council is now seeking to secure ownership of all the Order Lands to ensure that the consented scheme can be implemented and the comprehensive regeneration and other benefits secured. 1.5 The Council has entered into an Agreement for Lease with LRDL in relation to the delivery of the scheme and the drawdown of leases of the Order Land to LRDL. The Developer has entered into a development agreement with an experienced development partner (Willmott Dixon). Although the Developer has contractual control over the freehold interests in a substantial part of the Order Lands, the implementation of the redevelopment proposals requires the acquisition of all property interests currently owned by third parties, including a number of freehold and leasehold interests and other interests in land. 1.6 The Council, in association with the Developer, has and will continue to take steps to consult and negotiate with third party owners to acquire their interests by agreement but it is clear that compulsory purchase powers will need to be employed to ensure the full development can be achieved within a reasonable timeframe and in order to achieve the regeneration benefits. There are no impediments to the scheme proceeding. 3

4 1.7 The Council believes that the proposed scheme of comprehensive regeneration, taken as a whole, will bring very substantial economic, environmental and social benefits to Brentford and across the Borough as a whole. BFC is a key element in the West London community and BFC s contribution is significant. As well as employing some 350 people and working with local businesses, it acts as an important social focus for both supporters and local residents. 1.8 The benefits from the regeneration of this area and the development are considered below, but include significant social, environmental and economic gains of benefit to the public. The main benefits of the scheme are: Social Provision of a modern sports community stadium with full disabled access and facilities, supporting and enhancing the social and cultural well being of the community and adding to the community/sporting assets of the region. Likely improvement to the long term financial sustainability of BFC and its existence in the Borough, protecting its long heritage (over 120 years) and adding to the identity and civic pride of the area. Likely significant expansion of the community benefits provided by BFC and the award winning BFC Community Sports Trust with major positive impacts in the region on social inclusion, health, education, and sporting activity, especially for young people and including many disadvantaged groups, with this work estimated to have a potential conservative value in terms of costs savings to society of over 8m per year, with this to increase to over 11m in the first year of the community stadium s use with higher provision forecast after that. New and enhanced accommodation is provided for the associated BFC Community Sports Trust, Interim Education Centre and Learning Zone, securing their operation. Provision of 910 new dwellings to meet relevant Housing SPG baseline standards for quality, including 10% adaptable for wheelchair users and with all to meet Lifetime Homes standards, helping to address the current high demand for housing. Environment Re-use of a previously developed site for a mix of uses including housing offsetting need for greenfield development. Regeneration of unsightly brownfield land of low townscape value, thereby enhancing the appearance of the site and acting as a catalyst for improvements to nearby rundown areas. Creation of new and enhanced public realm to Lionel Road South and Capital Interchange Way with 6,395sqm of new publically accessible space including a park, and 2,763sqm of highway and shared surface improvements. New paving, street tree planting, lighting and pathways will enhance the permeability of the area linking places of interest to the north, such as Gunnersbury Park, to the south and River Thames, as well as creating a new east-west route across the site. Community stadium and housing meet relevant targets for energy efficiency and carbon deduction, contributing to mitigation of climate change. Improvements to access to Kew Bridge station, with London bound platform made fully accessible. 4

5 Improvements to pedestrian safety at the junction of Lionel Road South and Chiswick High Road. Economic Significant contribution to economic activity through increased employment and expenditure from construction of the development, with 200 direct and 75 indirect construction jobs per year for 9 years and construction investment of over 200m. Significant contribution to economic growth through increased employment and expenditure from new housing, commercial uses and community stadium operation, which is likely to enhance local shops and services, with local match day spending expected to rise from 2.7m to 4.29m, overall on-site employment being 190 full time and 520 part time jobs, plus creation of a further additional 141 full time equivalent jobs in the area resulting from spending from new residents, giving a net increase of around 200 full time jobs compared to existing uses. Opportunities for enhancement of skills and knowledge of local people through training initiatives. 5

6 2.0 Enabling Powers 2.1 Section 226(1)(a) of the Town and Country Planning Act 1990 Act (as amended by the 2004 Act) (the 1990 Act) enables a local authority to make a compulsory purchase order if it thinks that acquiring the land in question will facilitate the carrying out of development, redevelopment, or improvement on, or in relation to, the land being acquired. 2.2 Section 226(1A) of the 1990 Act requires a local authority not to exercise its powers under section 226(1)(a) unless the local authority thinks that the proposed development, redevelopment or improvement is likely to contribute to achieving the promotion or improvement of the economic, social or environmental well-being of its area. 2.3 Section 13(1) of the Local Government (Miscellaneous Provisions) Act 1976 allows a local authority, where permitted to compulsorily acquire land for any purpose, to purchase compulsorily for that purpose such new rights over land as are specified in the order. The Order includes plots of land in which new rights are sought, as set out in the Schedule to the Order and on the Order Map (described below). 2.4 The Council is satisfied that the proposed redevelopment will result in a positive step change within part of the Brentford Area Action Plan (BAAP) area providing social, economic and environmental improvements to this area through the provision of a well masterplanned scheme, centred around a new community stadium and community facilities, with residential dwellings, commercial space along with a hotel with upgraded public realm and transport improvements. The proposed redevelopment will secure a modern, fit for purpose community stadium, new housing in place of the poor quality employment space, thus securing both a quantitative and qualitative improvement of the housing stock within the Borough, as well as employment leisure facilities. 2.5 The Acquisition of Land Act 1981 sets out the process for compulsory acquisition and so applies to the Order, and the acquiring authority is the Council. 2.6 The making of the Order is consistent with the guidance provided in the ODPM Circular 06/2004 (the Circular), and in particular Appendix A relating to orders made under section 226 of the 1990 Act. 6

7 3.0 Description of Order Land 3.1 The Order Land is shown on the map that accompanies the Order (the Order Map) and is described in the schedule to the Order. It comprises approximately 4.7 hectares of land and is comprised of three main plots of land adjoined by railway lines, Lionel Road South and Capital Interchange Way. Lionel Road South is a mostly one-way north to south route linking Chiswick High Road (just to the north of Kew Bridge) to the Great West Road (A4) and the elevated M4 motorway to the north. Kew Bridge railway station adjoins the southern end of the site. 3.2 Owing to its location between railway lines and the low lying nature of the land, the site is relatively isolated and self-contained from the surrounding environment. The character of the surrounding areas differ significantly with these displaying diverse uses, and varying urban grain, building scale and form. 3.3 The adjoining areas to the north and west form part of the A4/M4 corridor and contain the elevated motorway and large commercial buildings, which are largely replacements of earlier industrial development. Further north is Gunnersbury Park, a large area of open space that is designated as Metropolitan Open Land, a conservation area, Grade II* listed park and garden and a Site of Local Nature Conservation Importance. 3.4 To the southwest, beyond the Brentford Fountain Leisure Centre and mixed use shopping parade along Chiswick High Road are residential areas, comprised largely of two and three-storey terraced and semi-detached housing with some flats. These residential localities are of high townscape value and much of the area is designated within either Wellesley Road or Strand on the Green Conservation Areas, with the riverside containing many listed buildings. 3.5 To the immediate south, on the opposite side of railway lines is Kew Bridge Station, which has a Grade II station building, as well as residential development of houses and flats on Kew Bridge Road and off Green Dragon Lane. Kew Steam Museum, a group of listed buildings (Grade I and II) is a key feature of this area, with its distinctive tall standpipe tower (campanile) being a prominent landmark. Further beyond this and fronting the Thames, is a new mixed use scheme adjacent to Kew Bridge which is still under construction. Part of this area is designated as Kew Bridge Conservation Area. 3.6 West and southwest are the six Brentford Towers, 23 storey residential blocks. These buildings are of a uniform design and are prominent in the skyline of the area. A new development under construction, known as Kew Bridge West, lies adjacent to these towers and the Steam Museum. 3.7 Kew Bridge, itself a Grade II Listed Building, crosses the Thames to the south of the site. Across the Thames and into the London Borough of Richmond upon Thames are Kew Green and the Royal Botanic Gardens, both of which are designated as conservation areas. Additionally Kew Gardens is a World Heritage Site and area designated Grade I on the Register of Parks and Gardens of Special Historic Interest. It has many Listed Buildings including Kew Palace. The Garden s World Heritage Buffer Zone incorporates Kew Green and extends to the Brentford side of the Thames (but not as far as the Order Land). 7

8 3.8 The site can be considered to have five parts of varying sizes, consisting of three main parts and two smaller areas which are described below: a. The Central Site Lionel Road Developments Ltd A roughly triangular shaped plot bounded by railway lines to the northwest and east, with Lionel Road South running along its southern and southwest side. This site has a variety of industrial type uses, and is principally used for waste transfer with construction waste being sorted and recycled. Other uses include vehicle repair, car hire, construction hire and engineering. Much of the site is unsurfaced, with stockpiles of various waste materials amongst a number of pre-fabricated buildings. A two-storey brick building c1870s adjoins Lionel Road. There are a few occupiers on the site on short term tenancies. b. The Duffy Site The Duffy Group A triangular shaped plot adjacent to Lionel Road South which is used as a builder s yard and has a number of two storey temporary buildings. It is occupied by the Duffy Group. c. The Capital Court Site First Industrial Ltd This is an irregular shaped plot to the east of the main site, which has railway lines to the west and Capital Interchange Way to the east. It has a four storey office building, Capital Court, which is one of a pair of 1980s office buildings, the other building (which is outside the Order Land) having recently been converted to a secondary school. The Capital Court commercial building currently has three leasehold occupiers on relatively short leases, one of which is a commercial tenant, the remaining two appear to be recent agreements with charities. The remaining parts of the building are currently vacant. The freehold of this site is the subject of ongoing negotiations for a sale with LRDL. d. Network Rail Land Network Rail Infrastructure Limited The main site has two railway lines running through the Order Land. Whilst it is not proposed to acquire or move these lines, the scheme does include a bridge to link parts of the scheme, reopening of an underpass by Kew Bridge Station and therefore the acquisition of a mixture of land and rights is necessary. e. Other parcels There are other small parcels of land around the edges of the main sites within the CPO boundary such as land by the convergence of railway lines, subsoil, unregistered land, and irregular shaped parcels on the edge of larger ownerships. 3.9 None of the CPO land comprises listed buildings. There is a small area of land on the corner of Lionel Road South and Kew Bridge Road that is in Kew Bridge Conservation Area. 8

9 4.0 Project Background 4.1 Brentford lies in the eastern part of the London Borough of Hounslow, which is an outer London borough to the west of central London. The area generally extends from Chiswick Roundabout in the east to Syon Lane in the west, and stretches north from the River Thames and Brentford town centre, to the commercial areas along the A4 Great West Road. 4.2 Brentford includes large areas of employment land, particularly along the Great West Road, and a diverse mix of new and old residential areas offering housing to accommodate a variety of needs. 4.3 It is a major gateway to the centre of London from Heathrow airport and is home to major national and international companies and institutions including GlaxoSmithKline, Sky, University of West London and Brompton Bicycles. Indeed Brentford s success is linked to its location between London and Heathrow. 4.4 The area is a mix of both residential and commercial sites, some of which represent regeneration opportunities. However to accommodate the anticipated growth and provide employment and maintain associated facilities including entertainment and social infrastructure, the Council seeks to maximise regeneration opportunities which are both sustainable and responsive to local community needs. 4.5 The Brentford area provides a wide range of art and entertainment facilities catering for both local residents and attracting visitors from outside the area. The Council is committed to continual improvement of facilities and sustainable tourism. The role of Brentford Football Club within the community is highly valued and supported by the Council. The Council has previously stated the Club s continued operation in the area with the prospect of improving their work and activities in providing better community cohesion and social inclusion is to be supported. 4.6 The London Plan also recognises and supports enhancement of sport and entertainment facilities, along with additional housing targets together with protection and enhancement of social infrastructure. Section 5 provides more detail. 4.7 Of particular note are the extensive community benefits provided by the BFC Community Sports Trust, which is directly linked to the Club and is a registered charity. The Trust undertakes community work in settings across Hounslow, Ealing and Richmond boroughs including sports activity in local schools and sports centres, diversionary activities for young people on estates and intervention work with people at risk of offending, these activities focusing on four themes, health, social inclusion, education, and sports participation. The Trust was voted Community Club of the Year (covering England and Wales) by the Football League in early Griffin Park stadium has been the home for BFC in the Borough for approximately 110 years and no longer meets the needs of the Club. The capacity of the stadium and the quality of the facilities that it provides for spectators falls well short of modern standards and continuing to play at the existing stadium is not a realistic option for the Club in the medium to long term. Both the Council and BFC wish the Club to remain in the Borough. BFC were promoted to the Football Championship at the end of the 9

10 2013/14 season. This will add to the need to develop a new ground, with the current ground being only suitable for this level of football for a temporary period as the existing ground must be made all-seater within 3 years, which will reduce capacity, but increase the need for better facilities. 4.9 Outline planning permission (00143/A/P42) was granted in 2005 for the redevelopment of their existing home ground at Griffin Park for housing and open space, with an obligation that the development can only be implemented once a new community stadium for the Club has been constructed. This permission was extended in 2006 (P45) and 2012 (P50) BFC has sought to find a location for a new ground for over a decade, in consultation with the Council. There are many constraints in finding a suitable location for a community stadium in Brentford given it is an urban area with land being relatively expensive compared to other regions, with very few sites capable of accommodating a community stadium in West London let alone the Borough, and even fewer having no policy protection, for example for office or industrial development. Possible sites in other parts of the Borough or neighbouring boroughs are also constrained by being outside built up areas such as on Green Belt or Metropolitan Open Land, where public transport accessibility is also poorer Initial research into possible alternatives sites was carried out in 1999 where six sites were considered in a study by consultants on behalf of BFC and the Council. The current site was not included. After further research none of the possible sites proved deliverable or acceptable in planning terms Further investigation of alternative sites was carried out in 2004 and 2005 by planning consultants for BFC and discussions with the Council, with these investigations considering sites at Osterley Park, Gunnersbury Park, Feltham Arenas, Western International Market (Cranford) and land in Bedfont, Hanworth and Hounslow West However none of these sites were preferable in planning terms to the more centrally located, brownfield Lionel Road site, owing to factors reducing the desirability or feasibility of the other sites including: Green Belt/ Metropolitan Open Land/ Local Open Space designation; Poorer access by public transport; and Unacceptable displacement of existing uses Subsequently the Lionel Road site was selected as the preferred location in the Brentford Area Action Plan (BAAP, adopted 2009). This selection followed appraisal of alternative sites in the region, with its higher accessibility to public transport an important factor The club s preference is to develop a new community stadium in Brentford in order to maintain its longstanding association with the area. The proposed Lionel Road South site is suitable for a sustainable, community-stadium-led regeneration scheme. In addition to the new community stadium the project contains supporting development to the east and west, which will contribute to the funding of the community stadium and in part, moderates its size against existing and smaller scale buildings. Each part of the 10

11 scheme supports the other and together they will bring about the overall regeneration benefits. Both the Council and BFC consider, in addition to helping secure the future of the club, that a new community stadium will provide other benefits, as it will provide a social focal point with a buzz of activity; Enable the Brentford FC Community Sports Trust to provide a range of activities that will attract all age groups from all sections of the local communities; Promote sport, health, education, employment and training, social enterprise and social inclusion; and Assist in the regeneration of the area and build close links with local businesses and residents In 2006 BFC was sold with a majority share being held by Bees United, the Brentford Supporters Trust. Since then the Club was bought by an individual supporter (Matthew Benham), who also subsequently funded the purchase of the main Lionel Road South site in 2012 through BFC s development company LRDL. Bees United retain a golden share that allows any sale of Griffin Park (and subsequent community stadium) to be vetoed unless it is in the best interests of the Club. With the financial backing of the new owner, the relocation of the club has been able to be progressed to the current consented scheme On the 5th December 2013 the Council as planning authority resolved to grant planning permission for the proposed scheme, subject to the referral to the Mayor of London and referral to the Secretary of State for Communities and Local Government. The Mayor confirmed the Council could determine the application in February 2014 and in March 2014 the Secretary of State decided not to call in the planning application. Planning permission was issued upon the completion of the S106 legal agreement on 12 June In December 2014, LRDL exchanged contracts for the purchase of the Duffy site with a completion date scheduled for 12th January

12 5.0 Planning Position & Scheme Planning History 5.1 The area was used for market gardening until the arrival of railways in the mid-19th century. The main part of the site was then a goods yard with numerous railheads, whilst the area to the east, comprising Capital Interchange Way, was formerly Brentford Market. The goods yard, which was owned by British Rail, ceased operating in the 1970s following which the site has been used for a variety of industrial and related activities including waste transfer, vehicle recovery, vehicle repairs, skip hire, engineering workshops, tyre fitting and storage. 5.2 Brentford Market also closed in the 1970s and the site was redeveloped with the Fountain Leisure Centre and offices, the latter including the offices on Capital Interchange Way that form part of the application site. The Duffy site also once comprised railway land but has been used for a long period as a builder s yard. 5.3 The recent history relates to outline applications (ref /A/P9 and P10) to redevelop the Central site with a mixed use development comprising motor related uses, waste transfer, (B1) offices and light industrial, (B2) general industrial and (B8) warehouse and distribution uses, which were made in Neither application was determined with both eventually being withdrawn. 5.4 Since then there have been various applications for Certificates of Lawful Use for use of much of the Central site as a waste transfer station, with that use having commenced in the early 1980s. Planning Application 5.5 On 3 June 2013 an application was submitted by LRDL for proposed works on the whole of the Order Land. On 5 December 2013 the Council s Planning Committee resolved to grant planning permission for the development, subject to conditions and completion of a legal agreement. In February 2014 the Council referred this application to the Mayor of London and the Secretary of State advising that it was minded to grant permission subject to a number of conditions. 5.6 The Mayor of London advised on 18 February 2014 that he was content to allow the Council to determine the application itself, the accompanying officer report concluding that the Greater London Authority supported the principle of a new community stadium with associated infrastructure plus new housing in strategic terms and that the scheme provided a much needed new home for BFC as well as community sports facility, visitor and economic attraction with new housing for the local population. 5.7 The Mayor also recognised that the issues in respect of the enabling development needed to be finely balanced against the public benefits that would arise from the delivery of the community stadium. On balance, he considered that the delivery of the community stadium outweighs any dis-benefits of the scheme in strategic planning terms. 12

13 5.8 The Secretary of State advised on 13 March 2014, that having considered his policy on calling in planning applications, he was content that it should be determined by the local planning authority. 5.9 Details of the scheme are set out below: Full planning permission for the demolition of all existing buildings and the erection of a stadium with ancillary accommodation (D2 Use Class), associated infrastructure including a new vehicular and pedestrian bridge from the eastern corner of the site into Capital Interchange Way, reopening of an existing pedestrian underpass from Kew Bridge Station beneath Lionel Road South and the construction of a new covered, open sided link from that underpass to the stadium external concourse, vehicular and pedestrian circulation areas, public realm improvements, 60 car parking spaces, 400 cycle parking spaces and landscaping; Outline planning permission for the demolition of all existing buildings and erection of associated enabling development, comprising up to 910 residential units (C3 Use Class), up to 1,200sqm retail/other floorspace (A1, A2, A3, A4, A5, D1 and D2 Use Classes), a hotel of up to 160 bedrooms (C1 Use Class), vehicular and pedestrian circulation areas, up to 775 car parking spaces, cycle parking, associated hard and soft landscaping and public and private amenity spaces (all matters reserved) Planning permission was granted on 12 June The permission is therefore in place for the scheme which underlies and provides the justification for the Order. Planning Context and Policy The National Planning Policy Framework 5.11 The National Planning Policy Framework (NPPF) came into force on 27 March 2012 and has replaced national policies and guidance formerly contained in Planning Policy Statements and Planning Policy Guidance notes and some other documents. The NPPF sets out 3 dimensions to sustainable development requiring equal weight to be given to economic, social and environmental roles. The Development Plan 5.12 The Development Plan for the Borough comprises the Council's Unitary Development Plan (UDP), Employment Development Plan Document, Brentford Area Action Plan and the London Plan 2011 and Revised Early Minor Alterations to the London Plan As the UDP was adopted in 2003 the policies are out of date, except to the extent that they comply with the NPPF. The weight to be attached to such out of date policies is reduced. The emerging Local Plan 5.13 On the 4th June 2013 the Council s Cabinet resolved that the Policy Options for Local Plan should go out to consultation and this was carried out in June and July Subsequently the Revised Site Allocations for the Local Plan was issued for 13

14 consultation in October A Local Plan Proposed Submission version was then published for consultation in March As emerging policy, the draft Local Plan is capable of being a material consideration. Given that the emerging Local Plan is still at the consultation stages (most recent March 2014) the LPA considers that in general limited weight can be given to it at this stage. Key Policy context: 5.14 The National Planning Policy Framework (NPPF) emphasises three elements to sustainable development: economic, social and environmental, with new development to make a positive contribution to each London Plan policy 4.6 provides support for the continued success of professional sporting enterprises and the cultural, social and economic benefits that they offer to residents, workers and visitors At a regional level the proposed housing, which is necessary to provide funding for the community stadium construction, would make a significant contribution to the Borough s supply of new housing for which there is great demand, up until 2023, in accordance with requirements of the NPPF on deliverable housing supply and London Plan policies regarding housing supply and quality including 3.3, 3.4, 3.5, 3.6, 3.7 and The UDP seeks sustainable development and regeneration to meet the primary objectives of the plan which include IMP.1: To encourage a pattern of land use and provision of transport which minimises harm to the environment and reduces the need to travel, especially by car, whilst maximising development opportunities in the Borough. This will be achieved by encouraging the reuse of existing buildings and previously developed land as a first priority, consistent with the principles of sustainable development whilst maintaining environmental quality and providing opportunity and equity for all. IMP.3: To promote area regeneration, particularly in areas of the Borough which require physical improvement, and the enhancement of the quality of life, housing and employment opportunities for local people. IMP.4: To attract new economic development, encourage economic diversity, and direct it to appropriate areas. Concentrating development and promoting competitiveness in regeneration, whilst stimulating economic activity and improving the environment, within the capacity of labour availability, transport and the environment. IMP.5: To promote a good quality of natural and built environment specifically in relation to high quality of building and urban design, the improvement of the Green Belt, and enhancing the riverside environment of the Thames. IMP.6: To encourage the provision of appropriate planning obligations in association with new development. IMP.7: To have regard to the relationship of UDP policies, proposals and objectives with other London Boroughs, adjoining districts and counties. 14

15 5.18 The Brentford Area Action Plan (BAAP) is part of the Development Plan and recognises the existing role that BFC has in the community. This role is highly valued and is supported by the Council, as is BFC's continued operation in the area and the prospect of enhancing their activities through relocation to Lionel Road. Objectives of the BAAP (3 and 9) provide support for the principle of a new community stadium and community hub on the Order Land and the Club s plan to develop a community stadium hub linking a range of sports, health, education, leisure, and business support facilities The proposed mixed use development is a significant opportunity for economic, social and environmental improvements that can help achieve the broad goals of sustainable development and also help in the wider regeneration of the area. This is consistent with objectives of the NPPF to enhance the economy, deliver a choice of homes, ensure good design, promote healthy communities and sustainable transport, and to take account of environmental issues including the historic environment. The Scheme 5.20 In summary the proposal is for: A 20,000 seat community stadium with associated public realm works to provide a community stadium concourse area; The re-opening of an existing pedestrian underpass beneath Lionel Road South from the site to the eastbound platform of Kew Bridge Station; A pedestrian link from Kew Bridge Station to the community stadium concourse; Improvements to Lionel Road South; A new pedestrian and vehicular bridge over the railway line to the east linking the community stadium to Capital Interchange Way; Up to 910 dwellings over four parts of the site (phased over 10 years); A hotel of up to 160 rooms; Other related uses including retail/other, café, education uses; Parking for up to 835 cars (210 for the community stadium, 585 for residential development and 40 for the hotel); and 400 cycle spaces for the community stadium Maximum floor areas for the proposed uses are shown in the table below. Land Use Area sqm (GIA*) Residential (C3) 81,900 Retail, Leisure (shops, 1,200 restaurant etc) (A1, A2, A3, A4, A5, D1, D2) Hotel (C1) 4,700 Community stadium (D2) 37,841 Table 1: Proposed Uses *Gross Internal Area 5.22 The community stadium is at the heart of the development. The masterplan for the scheme utilises Lionel Road South as the primary axis for the development, with the 15

16 main public spaces and community stadium entrance to be located off this road. Improvements to Lionel Road South and the access to Kew Bridge Station would direct activity to a hub at the entrance to the community stadium, where a public concourse is provided Commercial uses such as retail and restaurants, including a club shop, are envisaged around this key hub. Beyond the community stadium, residential development with active uses at the street level are proposed. Concourse areas and pathways extend around the community stadium to link it with the new bridge over the railway to Capital Interchange Way and to the residential development there, with a public park and improvements along the length of Lionel Road ensuring widespread improvements to the public realm thus ensuring the entire site is comprehensibly enhanced The elements of the scheme are further described below: New Community Stadium 5.25 The proposed community stadium is located on the triangular shaped central area of the site between Lionel Road South and railway lines. It has stands to all four sides of the pitch. The community stadium would include: Accommodation for a total of 20,000 spectators; A covered single and two tier arena; Stand to stand dimensions of 120m x 80m; Hospitality for 1,500 spectators in lounges, bars and hospitality boxes, also capable of use for conferences and banqueting events on non-match days; Provision of space for 171 disabled spectators with access; Parking for 210 spaces for match day and non-match day uses (with the majority of these (150 on a non-match day) located within a parking area of the building on the Capital Court site); Indoor recreation facilities, and a climbing wall; Accommodation for the Club s management functions; and Accommodation for the Brentford FC Community Sports Trust, Learning Zone and Hounslow Interim Education Centre. Size 5.26 At its greatest extent the community stadium is approximately 180m long and 145m wide. It covers much of the central part of the site, with it having a continuous bowl design but with distinctive folded forms to the roofs of each side. Its maximum height ranges from around 14.5m up to 26.5m, which is the equivalent of a 4 to 7-storey residential building The South stand is the largest and has the main hospitality areas and 6,000 seats. It has two tiers, a large lower tier, with a hospitality tier above, split by a level containing hospitality boxes The North stand is the smallest of the four stands with 4,000 seats in a single tier. Its design is constrained by its proximity to the adjacent railway. It would be sited 1m from the site boundary to enable maintenance. 16

17 5.29 The East and West stands are of similar design and each has 5,000 seats, with facilities for the ground floor and single tier stands. The concourse next to the East stand provides the location for both non-match day parking and a match day television broadcast area. Uses 5.30 Apart from the pitch and spectator seating, the community stadium has a range of related uses. The floor area located underneath the seating tiers would house club offices, changing rooms, medical treatment areas, and accommodation for community uses The table below provides a comparison between the uses of the proposed community stadium with the club s existing home ground. Use Griffin Park Lionel Road Capacity 12,300 20,000 Hospitality boxes 0 15 Disabled seating Disabled parking 0 22 Disabled toilets 2 17 Other parking Match Days 0 on site but 72 off site; Non-Match Days 15 on site. Club shop 142 sqm 365 sqm Club hospitality 396 sqm 2,075 sqm and bars etc Club offices 150 sqm 360 sqm Learning Zone 90 sqm 310 sqm Interim Education 72s sqm 150 sqm Centre Brentford FC Community Sports Trust 0* sqm 360 sqm Table 2: Comparison of uses * Presently accommodated at premises elsewhere in Brentford. 210 (60 on main site on non-match days and 150 provided within podium area of Capital Court) 5.32 Hospitality Various refreshment kiosks are found throughout the community stadium for home and away supporters, with hospitality boxes, a club bar and dining areas also being provided in the main South stand Brentford FC Community Sports Trust Offices for the trust are provided on the second floor of the South stand Interim Education Centre Three classrooms and associated access/ facilities are provided on the first floor of the East stand (with lift access) Learning Zone Floor space is provided on the second floor of the South Stand. This area would also double as a media room on match days. 17

18 Access 5.36 The main entrance area is from the south west corner from the proposed community stadium concourse area off Lionel Road South. This would serve the South stand. Other parts of the community stadium are accessed by further entrances off Lionel Road South for the West and part of the North Stand, and from the new bridge off Capital Interchange Way for the rest of the North stand and the East stand The site layout allows for public access around the community stadium to the east, south and west sides, with the proposed bridge link allowing visitors to access the pedestrian and transport routes available around the site. Accessible toilets and access are provided to the main facilities throughout the community stadium by ramps or lifts. Design 5.38 The community stadium encloses the four sides of the pitch. The design has sought to provide a distinctive roof form that distinguishes it from other stadiums with it comprised of sections that form folded shapes The concourse areas that extend around the outside of the community stadium to its west, south and east are designed to be durable and capable of accommodating large crowds, and are relatively free of street furniture. Patterns and textures will be used in paving to provide interest, with groups of street trees sited to add greenery. These would be accessible to the public at all times. A public park is shown on the southwest side of Lionel Road. Residential Development 5.40 A maximum of up to 910 dwellings with associated parking and amenity space are proposed on four sites around the community stadium as follows. Site Maximum No. of Dwellings Central Southern 240 Central Eastern 190 Capital Court 205 Duffy s 275 Total 910 Table 3: Maximum no. of dwellings 5.41 The housing is in the form of blocks of flats, with an illustrative mix of 40% onebedroom, 40% two-bedroom and 20% three-bedroom. With this mix the total number of new residents is likely to be 2,410 by 2023 when the last phase is completed. The layout, scale, appearance, access, and landscaping of this part of the development are reserved for subsequent consideration (at each reserved matters phase). However, the application contained important information for consideration at the outline stage, which included: Use the proposed uses for the development and distinct development zones within the site; Amount of development the amount of development proposed for each use; 18

19 Indicative layout an indicative layout of proposed building footprints, public realm and semi-private amenity space for residents; Scale parameters the upper and lower limits for height, width and length of each building within the site boundary; and Indicative access points areas in which the access point or points to the site will be situated Therefore the application established the maximum amount of residential accommodation for the site. The maximum floor areas that will be delivered within defined building footprints and envelopes are tied in, along with drawings showing the maximum parameters for each building. Footprints are defined by parameters, which the development cannot exceed. Floor space areas for each block are derived from a likely footprint within each parameter and a maximum number of storeys of accommodation within a volumetric envelope as illustrated in planning drawings Housing is proposed to help provide funding for the community stadium, as although the Club will fund a significant proportion of this cost through the financial support of its owner and development at Griffin Park, residential development to generate capital receipts is a key component of the proposal. Duffy Site 5.44 This is a triangular shaped plot on the western side of the site. It has three blocks of flats in the scheme. The blocks would be located on a podium that meets the street level of Lionel Road at its northern end before being raised towards the south. Commercial uses and residential entrances would be provided at street level. The three blocks are arranged around a central area of open space, with one level of parking below for 170 cars. Central (Southern) Site 5.45 This is a triangular shaped plot occupying the southern end of the site. It has two blocks of flats in the scheme. The blocks form three masses that step down from north to south. There are two levels of parking below for 160 cars. Commercial uses and residential entrances would be provided at street level. An area of open space for residents is provided between the blocks. Central (Eastern) Site 5.46 This is a triangular shaped plot occupying the north east corner of the main part of the site. It has two blocks of flats in the scheme. The blocks have two levels of parking and an outdoor broadcasting space below, with parking for 120 cars. They would be accessed by the new bridge from Capital Interchange Way. An area of open space for residents is provided between the blocks. Capital Court Site 5.47 This has three blocks located on Capital Interchange Way, with the proposed bridge adjacent to the north. The two lower floors of the blocks form a podium that has two levels of parking for 135 residential spaces and 150 spaces for BFC, residential 19

20 entrances and commercial units. An area of open space for residents is provided between the blocks. Hotel 5.48 A 160-room hotel is proposed adjacent to the western stand of the community stadium, fronting Lionel Road South. Phasing 5.49 The planning application included an indicative phasing plan, with the community stadium to be built to open in mid-2016 and the housing to be provided over a ten year period up to Further details of phasing are provided within the s106 agreement associated with the planning permission, and will be incorporated within future reserved matters applications. The phasing plan includes restrictions on commencement and occupation of different phases of the development to ensure delivery of the community stadium and community benefits. The agreed phasing and restrictions are summarised below: 1. Prior to commencing private residential development:- Let the Construction Contract for Stadium Enter into Network Rail Agreement Enter into Bridge Adoption Agreement and pay Bridge Maintenance Endowment Enter into Highways Agreement 2. Prior to starting site clearance for private residential units must commence site clearance for stadium site. 3. Stadium less than 25% complete Can build out blocks G and H. Cannot build out to more than 50% Completion of blocks E, F, I, J and K. Cannot Commence build out of blocks A, B or C. 4. Stadium at 26% complete In addition to the above can build out remaining 50% of blocks E, F, I, J and K. 5. Stadium between 26% complete but less than 50% complete Cannot Occupy any Private Residential Units. 6. Stadium between 50% complete but less than 75% complete Can Occupy block K Can Occupy any Private Rented Units provided:- o Not in blocks A, B and C; and o Does not exceed 61 Private Residential Units in blocks E and F. 20

21 7. Stadium 76% complete In addition to the above can Occupy:- o any Private Residential Units in block G, H, I and J and up to 61 Private Residential Units in blocks E and F But not more than 61 Private Residential Units in blocks E and F and cannot Commence Private Residential Units in blocks A, B and C beyond sub-surface works, parking and podium structure (but no Superstructure on the podium) and associated preparatory works (and cannot Commence Griffin Park). 8. Stadium 100% complete and stadium lease, BFCCST lease, interim education centre lease, club lease all entered into and 20,000 capacity safety certificate in place In addition to the above can Occupy more than 61 Private Residential Units in blocks E and F; and Complete blocks A, B and C beyond sub-surface works, parking and podium structure (but no Superstructure on the podium) and associated preparatory works (subject to complying with the viability re-test obligation linked to 50% of Griffin Park). 21

22 6.0 Purpose and Justification for use of Compulsory Purchase Powers 6.1 Paragraph 16 of Appendix A of Circular 06/04 stipulates that, where a CPO is promoted under the provisions of section 226 (1)(a) of the 1990 Act, the Secretary of State will take into account the following issues when deciding whether to confirm a CPO: (i) (ii) (iii) (iv) The purpose for which the land is being acquired fits in with the adopted planning framework for the area or core strategy; The extent to which the proposed purpose will contribute to the achievement of the promotion or improvement of the economic, social or environmental well-being of the area; The potential financial viability of the scheme for which the land is being acquired; and Whether the purpose for which the authority is proposing to acquire the land could be achieved by any other means. These are each considered below in relation to the Order and scheme. (i) Whether the purpose for which the land is being acquired fits in with the adopted planning framework 6.2 The proposals for the Order Land, all of which have detailed or outline planning permission comply with the following: The Development Plan for the site comprises of the following suite of documents: London Plan published in 2011; Saved Policies of the London Borough of Hounslow Unitary Development Plan (UDP) adopted in December 2003; Employment Development Plan Document (DPD) adopted in November 2008; and Brentford Area Action Plan (AAP) adopted in January They will deliver significant economic, social and environmental benefits to the area, particularly in comparison to the existing use of the site for the reasons given below. 6.4 The Council has given consideration to and has analysed all relevant regional and local planning policies from the London Plan, Saved UPD and adopted local DPDs and AAPs, in addition to a review of the Government s NPPF guidance. The planning framework assessment concluded that, especially in the context of regenerating Brentford, that there is strong policy support for a community stadium scheme in Brentford that delivers economic, social, community and environmental benefits in a sustainable manner. 6.5 Paragraph 6 of the NPPF states that the purpose of the planning system is to contribute to the Achievement of Sustainable Development of which there are three dimensions economic, social and environmental. The development proposal has a relationship with all three of these roles. In particular paragraph 69 of the NPPF promotes opportunities for community members to meet, including through mixed-use developments. Policies should plan positively for the provision and use of shared space and community facilities (including sports venues) and other local services to 22