AgendaxItemx6x xSectionx106xGipsyxCornerxVariation by nINZv9

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Title                      Gypsy Corner, Phase 3- Section 106 Agreements
                           Variations Planning Ref FCA/TPAP/38451/1 Dated
                           21st October 2003
Responsible Officer(s)     Executive Directors, Strategy and Development
                           and Services to Communities
Author(s)                  Marc Dorfman
Portfolio(s)               Transport and Planning
For Consideration By       Planning Committee
Date to be Considered      7 September 2005
Implementation Date if     N/a
Not Called In
Affected Wards             East Acton
Area Committees            Acton
Keywords/Index             Section 106 Agreements, Variation, Amendment

Purpose of Report:
This report seeks authority to enter into a Deed of Variation with the owners of
the Gypsy Corner Site and to amend the resolution of the Planning Committee
dated 12 January 2005 so that the recommendation includes an obligation to
observe and perform the developers covenants included in the Section 106
Agreement relating to the site dated 21 October 2003 and to reduce one of
the payments to be made under the agreement.

THIS REPORT HAS BEEN DEFERRED FROM THE 27th JULY MEETING
FOLLOWING A REQUEST FROM THE COMMITTEE TO CLARIFY OFF
SITE IMPACTS OF THE GYPSY CORNER SITE ON HORN LANE TO THE
SOUTH AND TO CLARIFY THE NATURE OF THE OFF SITE
IMPROVEMENTS THAT HAVE BEEN CARRIED OUT. IT FURTHER
RESPONDS TO A REQUEST THAT WARD COUNCILLORS BE NOTIFIED
ABOUT THE SPENDING OF FURTHER S106 FUNDS.

1. Recommended Actions
   i)   that you authorise the Head of Legal Services to negotiate and
        complete a Deed of Variation to the Section 106 Agreement dated
        21 October 2003 and made between (1) the Council (2) Frogmore
        Developments Limited (3) Frogmore Estates Limited and (4) and (5)
        Royal Bank of Scotland plc to reduce the proposed “Environmental
          and Public Transport Works “ from £450,000 to £350,000 (refer
          section 3.6 in Appendix 1 attached).

   ii)    that you resolve to amend the resolution of Planning Committee of
          12 January 2005 relating to application 2004/3977-TPST in respect
          of the Gypsy Corner site so that there is inserted in front of point (a)
          of the recommendation :

              “in addition to the Section 106 Agreement dated 21 October
              2003 and made between (1) the Council, (2) Frogmore
              Developments Limited, (3) Frogmore Estates Limited, and (4)
              and (5) the Royal Bank of Scotland plc relating to land at Gypsy
              Corner and bounded by Western Avenue,Victoria Road and
              Wales Farm Road, Acton W3”.

2. Reason for Decision and Options Considered
2.1 The developer of the Gypsy Corner site, Frogmore Developments Limited,
    has carried out a substantial number of improvements to the area in
    addition to its obligations under the agreement under the Section 106
    Agreement dated 21 October 2003 to an estimated value of £300,000 to
    £400,000. Originally the payment referred to at Section 3.6 in Appendix
    was only to apply to Victoria Road North. Extra works have been
    completed in Victoria Road South, North and Wales Farm Road and it is
    therefore proposed to allow the developer to reduce future contributions by
    a notional £100,000. Site and documentary evidence of this work has
    been collected and verified (Drawing 2002-438/sk/11 Rev A
    FCA/TPAP/38451/1 dated 29 October 2003).

2.2 The Planning Committee resolution dated 12 January 2005 relating to
    planning application number 2004/3977-TPST was incorrect in that it
    referred to a legal agreement dated 26 February 2004. There is no
    agreement relating to the Gypsy Corner site with that date and it should
    have referred to a legal agreement dated 21 October 2003.

3. Key Points
    Legal Implications
3.1 Section 106 of the Town and Country Planning Act 1990 provides that any
    person with an interest in land in the area of a local planning authority may
    by agreement enter into a planning obligation with the local planning
    authority. It also allows for a variation to be made between the parties by
    agreement.

    Financial, Property, Staffing and Accommodation Implications
3.2 Although there will be a reduction in one of the payments under the
    existing Section 106 Agreement of £100,000, it is considered that the
    amount of work carried out by the developer at the site more than
    compensates for this.

3.3 The effect of amending the Planning Committee resolution of 12 January
    2005 is to reflect the fact that the developer of part of the Phase 3 site is
   bound by the obligations contained in the agreement of 21 October 2003
   also.

4. Detailed Section
4.1 The Schedule of works for the outline planning application for the Phases
    1-3 of the redevelopment of the Gypsy Corner site are set out at Appendix
    1 to this report. Works over and above those allocated for item 3.6 have
    been undertaken by the developer as part of the development of the site
    and in association with a S239 Highways agreement. The developer and
    the Council officers have agreed a notional contribution to this work from
    yet to be paid S106 funds that will come to the local authority.

4.2 At the Planning Committee meeting of 12 January 2005 it was reported
    that the recommendation should also refer to the existing Section 106
    Agreement for the site dated 21 October 2003. However, the minutes of
    that meeting mistakenly refer to an agreement previously referred to a
    legal agreement dated 26 February 2004. No agreement was made on
    that date and the minutes should have referred to the Section 106
    Agreement dated 21 October 2003 as was reported orally at Committee.

4.3 .At its 27th July 2005 meeting, individual members raised a number of
    queries about the works carried out and more general issues about the
    traffic impacts of the Gypsy Corner development on traffic along Horn
    Lane.

4.4 In response to these concerns, the following responses are offered:

   Scope of Improvement Works
   The works carried out by the developer represent a significant
   improvement to the physical environment around North Acton Station.
   These works include: bollards, painting, new street lighting, pavement
   resurfacing, improvements to disabled access and improvements to safety
   through the introduction of pedestrian crossings where they did not
   previously exist.

   Impact of Gypsy Corner redevelopment on Horn Lane
   In assessing the impact of the original and subsequent planning
   applications on this site, detailed road capacity and transport impact
   assessments were carried out. These assessments were scrutinised by
   the Council’s transport planners as well as Transport for London because
   the development came within the direction of the Mayor of London. The
   results of the survey show that the roads most directly affected by the
   development were Wales Farm Road/ Victoria Road gyratory system and
   the northern arms linking to this gyratory system, that is Chase Road and
   Park Royal Road. The second greatest area of impact was queueing on
   the Western Avenue. The studies lodged did not show that there would be
   a significant impact on Horn Lane.
   Consultation with Ward Councillors on future spend of S106 funding
   Notwithstanding this, substantial funds are still available for transport and
   traffic improvements (refer Appendix 1), some of which can be spent in the
   vicinity of Horn Lane. It is current practice to consult with Ward
   Councillors and active community and resident groups whenever officers
   are considering ideas for environmental and other improvements.
   whenever projects to this report indicates that there are substantial funds.

5. Background Information
   Section 106 Agreement and Bond dated 21 October 2003
   SCA/TPAP/38451/1 and also AJ/TPST/38451/7

   Contacts Development Control:            Alex Jackson 8825 8803
            Regeneration and Major Projects: Marc Dorfman 8825 7645
      APPENDIX 1 (27th July 2005)                                                        PHASES 1
      S106 AGREEMENT AND PHASING
SOUTHERN GATEWAY/GYPSY CORNER PARK ROYAL (Update as of 28 June 2005)
                                                                                th       &2
S106 Agreement : FCA/TPAP/38451/1
21.10.03
                              Conditional                              £000’s            Proposed
                              Contribution                                               Trigger
                                                                                         Phase 1:
                               Total Cost at                                             Carphone
      S106                      Developers             Agreed Cost that                Warehouse and
      Contribution              Expense to             Developer will pay               estate road
                               specification                to LBE
                             agreed by Local                                               Phase 2:
                            Planning Highway                                           all other works
                                 Authority                                           south of estate road

1.1
Phase 1 and 2                                                 50
                                                                                     First implementation of
(Environmental &/                                           (PAID)                   any part of Phase 2
Transport                                                 5080626590
Improvements)

1.2
                                                              20
Playground Facilities                                                                First implementation of
Contribution
                                                            (PAID)                   any part of Phase 2
(Playground Funding)                                      5080626590

1.3
Phase 1and 2                                                  100
Regeneration,                                                                        First implementation of
                                                            (PAID)                   any part of Phase 2
Training and
Business                                                  5080626590
Development
                              Bus stops and
                            shelters on Victoria
                            Road
                              Cycleway and
                            footway on A40
                              Bus Lane and Cycle
                            way on Wales Farm
1.4                         Road                                                     Before 51% of Phase 2
Phase 1 & 2 Highway           Pavement parking on                                   floorspace occupied.
Works                       Wales Farm Road
                              Pedestrian and cycle
                            link from the end of the
                            Estate Road to Wales
                            Farm Road

                        See DWP drawing Nos
                        99440/07
                            Signalisation of Park                                                 Before 100% of Phase
                           Royal/Victoria Road                                                     2 floorspace occupied
                           including Ped controlled                                                and in any event before
                           crossing and new                                                        12 months after the
                           footway.
                                                                                                   practical completion of
1.5                         Cycle way Victroia
                                                                                                   all Phase 2 or before 24
                           Road and up to Chase
                           Road                                                                    months after the
                                                                                                   practical completion of
                       See DWP drawing Nos                                                         50% of Phase 2, which
                       99440/07                                                                    ever comes first.

                       Traffic order promotion.
                       (Promotion by LBE
                       funded by developer)
1.6                    LBE have estimated                   80
                                                                                                   Signing of agreement
TRO Contribution       cost to be £80k BUT                (PAID)
                       Developer will need to
                       fund total costs
                       whatever they are.

                       East/West estate road
                       implemented (Victoria
2.1
                       Road South) (S.278/38)                                                      Before occupation of
Estate Road and Spur
                                                                                                   any Phase 2 floorspace
Road north/south
                       See DWP drawing Nos
                       99440/07


TOTALS                                                      250



                                                      Phase 2 = all other land within planning application boundary south
Notes: Phase 1 = Carphone Warehouse,
                                                               of proposed new east/west estate/gyratory road
     APPENDIX 1 (6.7.05)
     S106 & AGREEMENT & PHASING                                                              PHASE 3
SOUTHERN GATEWAY/GYPSY CORNER PARK ROYAL (Update 28.6.05 MD)
S106 Agreement : FCA/TPAP/38451/1
21.10.03
                                                                             £000’s       Proposed
                                   Conditional                                            Trigger
                                   Contribution                                              Phase 3:
S106                                                         Agreed Cost
                              Total Cost at Developers                                (All works to
Contribution                  Expense to specification     (Developer/LBE             implement gyratory
                                agreed by LPA/LHA          2001 and 2003)             and land north of
                                                                                      estate road)




3.1
Phase 3 CPZ
                                                                 200                  Before construction
Contribution
                                                               (PAID)                 begins on any Phase 3
(Controlled Parking
                                                             5080626590               floorspace
Zone) in vicinity of site
and in local area


3.2
Phase 3 Initiatives
(Bus & Transport                                                 225                  Before construction
Improvements, services                                         (PAID)                 begins on any Phase 3
and streetscape) in                                          5080626590               floorspace
vicinity of site and in the
local area

                                                                                      £100K before Phase 3
3.3
                                                                                      construction begins,
Phase 3 Initiatives (1)
                                                                                      £650 before occupation
 environmental and                                               750
                                                                                      of final 25% of private
regeneration                                                 (£100k PAID)
                                                                                      residential or
improvements in vicinity
                                                                                      leisure/hotel which ever
of site and in local area.
                                                                                      sooner

                                                              Works(1)
3.4
                                                           Minimum of £150
Phase 3 Highway                                                                       Prior to issue of
                                                                Capital
Works                                                                                 Certificate of Final
+ Works (1)                                                                           Completion – Phase 3
+ Maintenance                                                                         Highway Works (S.278)
Works(1)
                              Works
Completion of Victoria
                              Completion of Gyratory
Road Environmental
                              Scheme
Enhancement UDF
                              See DWP drawing Nos.
scheme(including
                              99440/07
Victoria Road North and
South) or other scheme
to be agreed by
Developer and LBE to a                                                                and
minimum additional                                                                    before first occupation
developer cost of £360k                                                               of any Phase 3
                                                                                      floorspace
Maintenance Sum
                                                         Maintenance £360k
                                                                               Before construction
                                                                               begins of any Phase 3
3.5
                                                            50                 floorspace
Concord Zone
Contribution
                                                          (PAID)
(A40 Improvements)                                      5080626590




                                                              £450k
                                                         (Developer has
                                                                               Before 51% of
3.6                                                 submitted evidence that
                                                                               occupation of Phase 3
Environmental &                                      at least £100k of extra
                                                                               floorspace or before
Public Transport                                           streetscape
                                                                               final occupation of
Works Contribution                                    improvement works
                                                                               final 25% of private
(Gyratory streetscape,                                      have been
                                                                               residential, or any of
traffic calming and                                   implemented in the
                                                                               the retail or
public transport                                        designated area.
                                                                               leisure/hotel which is
improvements)                                         Therefore proposed
                                                                               the soonest
                                                      variation to S106 to
                                                    reduce amount payable
                                                            to £350k)


3.7
Victoria Road Square
and Open Space
Access, maintenance
and Security Scheme.                                                           Before first occupation
Agreement to be drawn                                                          of any Phase 3 retail
                         Responsibility to remain
up on:                                                                         floorspace
                         with developer
   Public access
   Maintenance
    standards
   Security standards
   Private funding


                                                                               Before 51% of
3.8                                                                            occupation of Phase 3
Phase 3                                                                        floorspace or before
Regeneration, training                                                         final occupation of
and business                                                 100               final 25% of private
                                                                               residential, or any of
development
                                                                               the retail or
                                                                               leisure/hotel which is
                                                                               the soonest.


                                                                               Before 51% of
3.9                                                                            occupation of Phase 3
Phase 3 Education                                                              floorspace or before
Contribution for                                                               final occupation of final
schools, learning,                                            150              25% of private
training and or                                                                residential, or any of
community                                                                      the retail or
development                                                                    leisure/hotel which is
                                                                               the soonest
3.10
Phase 3 Community
Facilities

(1) Leamington Park
    Estate:
    Refurbishment of
                                                                        Urban Design Study
    Orchard Lodge,
                                                         80             funds to be provided on
    Jenner Ave and
                                                   (Orchard Lodge)      or before 1.1.04 (not
    cost of Urban
                                                                        yet paid)
    Design Scheme for
                                                          20
    estate to improve
                                                 (Urban Design Study)   the rest - before
    access and
                                                      (ALL PAID)        occupation of 140 Open
    playspace –
                                                                        Market Dwellings
    Planning for Real
    Exercise
(2) Community
    meeting Space in
    new residential
    Scheme



3.11
Phase 3 Affordable
Housing

   38% of all units -
    Split HALF key
    worker and HALF
    housing waiting list                                                OMD              AU
                           Cost of affordable
    - to be agreed by                                                    84               50
                           housing to be borne
    LBE                                                                 134              100
                           by the developer
                                                                        184              150
   Units to be                                                         201              167
    available in
    perpetuity

   Fit out and security
    of affordable to be
    as per HCSDS

3.12
Local Labour Scheme

All developer
construction work to be
advertised locally in
gazette and to be made
available to West                                Cost to be borne by
London Construction                                  Developer
Training and Planning
for an agreed time
subject to specification
and cost
3.13
City Car Club Scheme
                                           Cost to be borne by
To be conditioned as
part of Green Travel                           developer
Plan



3.14
Phasing Scheme

LBE wants certainty                          Phasing to be
about build out of                              agreed
offices – to be
conditioned.




3.15
Green Buildings
Scheme
                                           Cost to be borne by
LBE wants commitment
to green buildings                             developer
BREAM or other – to be
conditioned



3.16
Legal & professional                              £45k
Fees

3.17
Urban Design                               Cost to be borne by
Framework Plan                                 developer
Ongoing work
LBE and Developer
TOTAL CASH ONLY (not including S106
where costs borne by developer or
affordable housing or provision, cost to
be borne by developer on in kind)
                                               £2,730,000
Phases 1-3
                                               £2,480,000
Phase 3 only

								
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