crossrail spg report by ZsJbHpr

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									                                                              planning report SDS/ABP
                                                                             12 March 2010
London Plan: Crossrail alterations and supplementary planning guidance

Report to the Mayor seeking approval to:
i)     the proposed response to the report of the Panel that conducted the
       Examination in Public into the London Plan alterations to enable
       use of planning obligations in the funding of Crossrail
ii)    give notice to the Secretary of State of the Mayor’s intention to
       publish the draft alterations to the London Plan (including sending
       the SoS a copy of the alterations as intended to be published,
       together with a schedule of the Mayor’s responses to the Panel’
       recommendations)
iii)   approve the proposed revised draft supplementary planning
       guidance for further public consultation



1.     Background
1.1    The draft alterations to the London Plan (the current 2008 London Plan) to
       enable use of the planning system to raise contributions towards the cost of
       Crossrail through the planning system had their examination in public (EiP)
       between 14 and 18 December 2009.

1.2    The Panel’s report was received on 1 February 2010, and on 5 February we
       published it on the GLA’s website and notified all EiP participants. A copy of
       the Panel’s report is attached to this report as Annex A.

1.3    The Crossrail contributions policy framework has two elements.
          First, there are detailed alterations to the Plan itself, providing the basis
           for seeking contributions which have the force of statutory development
           plan process.
          The second is more detailed supplementary planning guidance (SPG),
           which sets out the details of the policy – explaining which uses are
           covered in which locations, the sums sought and the basis on which they
           should be calculated.
1.4    While the EiP was formally into the alterations alone, it was agreed that they
       could not be looked into sensibly in isolation from the SPG. In fact, much of
       the EiP was taken up with discussion of issues dealt with in the SPG, rather
       than the alterations themselves.

1.5    The Panel agreed that the draft alterations were properly founded on
       legislation and national guidance on the use of section 106 agreements. It
       agreed that the split between what was proposed to be dealt with in the



                                      Page 1 of 24
      alterations and in the SPG was appropriate and consistent with national
      guidance. It also considered that the alterations were procedurally sound.


2.    Remaining steps

2.1   The next formal stages in the process are different for the alterations and the
      SPG.

      Alterations to the London Plan
2.2   Under section 337 of the Greater London Authority Act 1999 and
      Regulation 9 of the Town and Country Planning (London Spatial
      Development Strategy) Regulations 2000, the Mayor cannot publish formally
      London Plan alterations unless he sends to the Secretary of State:
         a statement of his intention to publish the alterations
         a copy of the alterations he intends to publish, and
         where he proposes not to accept any recommendation contained in the
          EiP Panel’s report, a statement of his reasons for doing so.

2.3   The Secretary of State then has a period of six weeks (or more if he so
      requires in writing) to decide whether to exercise his powers to direct a
      change to the alteration to avoid inconsistency with national policy or
      detriment to the interests of an area outside Greater London.

      Supplementary planning guidance (SPG)
2.4   The process for the SPG is less formal. In accordance with the process set
      out in Government Office for London Circular 1/2008, the requirement is
      that there should be public consultation and that views expressed should be
      taken into account before it is finalised.

2.5   There then has to be a formal Mayoral resolution to adopt it as SPG, and a
      statement of the consultation undertaken , the representations received and
      the response of the Mayor to those representations has to be placed on the
      GLA website.


3.    The alterations

3.1   The Panel made relatively few recommended changes to the policies and
      supporting text in the draft alterations. These are set out in Annex B,
      together with proposed Mayoral responses. It is recommended that:
         Panel recommendations R1.1, R1.2, R1.3, R1.4 and R2.1 are fully
          accepted
         Panel recommendations R2.2 and R2.3 are partially accepted. Minor
          textual changes to improve logic and clarity are proposed.

3.2   The effect of making these changes is illustrated in Annex C. This is the text
      of the alteration which is recommended as ‘intended to publish’ and which the
      Mayor should send to the Secretary of State. The changes are shown as
      follows – additional text in red bold, deleted text in strikethrough.


                                       Page 2 of 24
3.3   Should the Secretary of State not make a direction under the regulations, the
      way is then clear for the alteration to be formally published, at which point
      the policy will have formal development plan status.

3.4   Under the 2000 Regulations, formal notices of publication have to be placed
      in the London Gazette and London press and be sent to borough councils and
      others and the alteration has to be made available for inspection at the same
      places as the draft alteration.

3.5   A Mayoral Approval report will be prepared following the SoS’s response,
      seeking authority to publish the Alterations.

4.    The draft SPG

4.1   The Panel made a considerable number of comments regarding the SPG, in
      particular changes to the charging areas and to the range of uses (note: the
      Panel made comments, not recommendations, on the SPG – they are not able
      to recommend on the SPG).

4.2   Changes should be made to the areas within which charges should be sought,
      removing Elephant and Castle and Waterloo from the Central London
      contribution area and widening the Isle of Dogs area. It is proposed that
      these comments should be accepted. As will be seen below, this will have the
      effect of increasing the level of the proposed contributions. It is also
      proposed that the SPG should be clear that even within the areas proposed to
      be excluded, contributions should be sought towards other strategic
      transport infrastructure, such as improvements to Waterloo station.

4.3   Contributions should be sought from a wider range of uses – new hotel and
      retail development as well as offices, and where appropriate contributions
      should also be sought from leisure uses. Again, it is proposed that these
      comments are accepted, and that contributions should be sought from these
      uses as defined in the Use Classes Order and from closely related uses which
      are considered to be “sui generis”.

4.4   A number of other changes have been made to reflect these changes and
      developments since the last version of the document was prepared. A copy of
      the SPG as it is intended to issue for consultation is attached, with the
      changes identified in the text.

4.5   Annex D sets out the Panel’s comments on the SPG, together with proposed
      Mayoral responses. Annex E shows the draft SPG revised to take account of
      the proposed Mayoral response to the Panel’s comments. The changes
      follow the same convention as for the Alterations (bold and strikethrough)

4.6   It is proposed that this should be issued for public consultation for a period of
      eight weeks (two weeks more than the statutory period for the Secretary of
      State to decide to make a direction). The representations received, and
      proposed response, will be reported to you after the close of the consultation,
      together with a version to agree to publish.



                                     Page 3 of 24
Recommendations

1.    To approve the responses to the EiP Panel Report’s recommendations on the
      Alterations, as set out in Annex B.

2.    To approve the Alterations as intended to be published, as set out in Annex
      C.

3.    To send these to the Secretary of State, under the provisions of Regulation 9
      (2) of the Town and Country Planning (London Spatial Development
      Strategy) Regulations 2000.

4.    To approve the responses to the EiP Panel’s comments on the draft SPG, as
      set out in Annex D.

5.    To approve the draft SPG for further public consultation, as set out in Annex
      E.



List of Annexes

A     London Plan Crossrail Alterations – Report of the Panel February 2010
      (circulated separately)
B     London Plan Crossrail Alterations (use of planning obligations in the funding
      of Crossrail) May 2009 – Mayor of London‘s response to the Alterations
      recommendations of the Report of the Panel February 2010 (embedded in
      this document)
C     The Crossrail Alterations as intended to publish (embedded in this
      document)
D     Draft Supplementary Planning Guidance – use of planning obligations in the
      funding of Crossrail amended October 2009 – Mayor of London‘s response to
      the SPG comments of the Report of the Panel February 2010 (embedded in
      this document)
E     Draft Supplementary Planning Guidance – use of planning obligations in the
      funding of Crossrail, as proposed for further public consultation (to follow)




for further information, please contact the London Plan Team:
Andrew Barry-Purssell, London Plan Manager
020 7983 4294 email andrew.barry-purssell@london.gov.uk
Richard Linton, Principal Strategic Planner, London Plan Team
020 7983 4278 email richard.linton@london.gov.uk
Peter Heath, Senior Strategic Planner, London Plan Team
020 7983 4369 peter.heath@london.gov.uk




                                    Page 4 of 24
Page 5 of 24
Annex B to report to Mayor’s Planning and SDS Meeting 12 March 2010                                                                                          page 1
of 3

London Plan Crossrail Alterations (use of planning obligations in the funding of Crossrail) May 2009
Mayor of London‘s response to the Alterations recommendations of the Report of the Panel February 2010

Panel   Alts ref     Crossrail Panel Report recommendations on the Alterations                                           Response from the Mayor of London March
ref                  February 2010                                                                                       2010

R1.1    Para         Amend the first sentence of what is currently proposed as Paragraph 3.226a to read as follows:      FULLY ACCEPT
        3.226a       “Policy 3C.12A relates to the raising of the first of the two sums, but specifies the full sum to
                     be raised through developer contributions for Crossrail to provide guidance for the CIL
                     calculations required under Policy 6A.5A”

R1.2    Para 3.225   Amend the first sentence of what is currently proposed as Paragraph 3.225 to read as follows: “A    FULLY ACCEPT
                     scheme partly safeguarded as the Chelsea-Hackney line, would follow when funding is
                     available”.

R1.3    Paras        Re-locate what is currently proposed as Paragraph 3.226c ahead of what is currently proposed as     FULLY ACCEPT
        3.225        Paragraph 3.224 and what is currently proposed as Paragraph 3.225 to follow what is currently
        3.226c       proposed as Paragraph 3.226b.

R1.4    New          Consideration should be given to the desirability of inserting Sub-paragraph E of the draft         FULLY ACCEPT
        Policy       Replacement Plan Policy 6.5 as a final sub-paragraph of New Policy 3C.12A with a revised title:
        3C.12A       “Funding Crossrail and other strategically important transport infrastructure”, with
                     consequential amendment to the wording of Paragraph 4.21 of the Supplementary Planning
                     Guidance.




                                                                                Page 6 of 24
Annex B to report to Mayor’s Planning and SDS Meeting 12 March 2010                                                                                     page 2
of 3

London Plan Crossrail Alterations (use of planning obligations in the funding of Crossrail) May 2009
Mayor of London‘s response to the Alterations recommendations of the Report of the Panel February 2010

Panel   Alts ref     Crossrail Panel Report recommendations on the Alterations                                      Response from the Mayor of London March
ref                  February 2010                                                                                  2010

R2.1    Policy       Modify policy 3C.12A (second suite of bullet points) to read:                                  FULLY ACCEPT
        3C.112A        Criteria for identifying developments in respect of which Crossrail contributions should
                        be sought in accordance with national policy guidance;
                       Formulae for calculating fair and reasonable contributions to be sought and guidance on
                        how these should be applied in specific localities and to different kinds of development;
                        and….”
        Para         In paragraph 3.226a, redraft the second sentence to read:
        3.226a       “The Mayor will bring forward supplementary planning guidance setting out detailed advice
                     about the principles to be applied to this end, including timing and phasing, pooling
                     arrangements, formulae to fix indicative contribution levels and how they will be applied in
                     specific localities and to particular kinds of development”.

        Para         In paragraph 3.226b, redraft the second and fourth sentences to read:
        3.226b       “They will also be sought from developments in the rest of London where this is appropriate
                     under Government Guidance, policies in this Plan and in Local Development frameworks”.
                     “Any changes by the Mayor to the indicative levels of contribution would be made through
                     new Supplementary Planning Guidance, and this would be the subject of full consultation”.




                                                                            Page 7 of 24
Annex B to report to Mayor’s Planning and SDS Meeting 12 March 2010                                                                                                   page 3
of 3

London Plan Crossrail Alterations (use of planning obligations in the funding of Crossrail) May 2009
Mayor of London‘s response to the Alterations recommendations of the Report of the Panel February 2010

Panel   Alts ref     Crossrail Panel Report recommendations on the Alterations                                          Response from the Mayor of London March
ref                  February 2010                                                                                      2010
R2.2
        Policy       That the first paragraph of policy 3C.12A be modified to read:                                     PARTIALLY ACCEPT, however
        3C.12A       “In view of the strategic regional importance of Crossrail to London’s economic regeneration
                                                                                                                        in the first paragraph of Policy 3C.12A:
                     and development, and in order to bring the project to fruition in suitably timely and
                     economic manner, contributions will be sought from development likely to add to, or create,           add “a” between “suitably ” and “timely
                     congestion on central London’s rail network that Crossrail is intended to mitigate. This will          manner”
                     be through Planning Obligations, arrangements for the use of which will be established at
                                                                                                                        in the first paragraph of Policy 3C.12A and in the
                     strategic level, in accordance with relevant legislation and policy guidance.”
                                                                                                                        third sentence of paragraph 3.226b:
                     That the third sentence of paragraph 3.226b of reasoned justification be modified to read:
                                                                                                                           delete “central” from “London’s rail network”
        Para         “The selected approach will ensure that contributions are sought only from developments
                                                                                                                            as not all the congestion concerned will occur
        3.226b       that are significant in terms of the congestion they will create, or add to, on central London’s
                                                                                                                            in central London
                     rail network and which provision of Crossrail is intended to mitigate.”
                                                                                                                        in the third sentence of paragraph 3.226b:
                                                                                                                           omit the word “significant” as this word does
                                                                                                                            not appear in the policy to which this
                                                                                                                            paragraph refers
                                                                                                                           consequently, modify the sentence so that it
                                                                                                                            reads “…only from developments which
                                                                                                                            create, or add to, congestion on London’s rail
                                                                                                                            network…”

R2.3    Policy       That the following words be added after the first suite of bullet points in policy 3C.12A:         PARTIALLY ACCEPT, however
        3C.12A       “In consultation with the Mayor, Boroughs should seek to identify in their DPDs particular           replace “might be” with “are likely to be” to
                     sites and sub-areas where contributions might be appropriate and should be sought. In                 better reflect the status of the policy
                     addition, the Mayor will produce guidance for the handling of planning applications. ”               move this paragraph to follow the second suite
                                                                                                                           of bullet points in Policy 3C.12A




                                                                              Page 8 of 24
Page 9 of 24
Annex C to report to Mayor’s Planning and SDS Meeting 12 March 2010




London Plan Crossrail Alterations
as intended to publish…
Alterations to London Plan Chapter 3c:
Connecting London – improving travel in London
New Policy 3C.12A
Funding of Crossrail and other strategically important transport infrastructure

In view of the strategic regional importance of Crossrail to London’s economic regeneration
and development, and in order to bring the project to fruition in a suitably timely and
economic manner, contributions will be sought from developments likely to add to, or
create, congestion on London’s rail network that Crossrail is intended to mitigate.
Which contribute to the transport needs that the project will wholly or partly address will
be required to contribute towards its funding through the use of This will be through
planning obligations, arrangements for the use of which will be established at strategic
level, in accordance with relevant legislation and policy guidance.

The Mayor will provide guidance for boroughs and other partners for the negotiation of
planning obligations requiring, where appropriate, developers to contribute towards the
costs of funding Crossrail having regard to:

   The requirement for contributions from development of up to £600 million under the
    arrangements for funding Crossrail agreed with Government;
   Central government policy and guidance;
   Strategic and local considerations;
   The impacts of different types of development in particular locations in contributing to
    transport needs; and
   Economic viability of each development concerned.

The guidance will include:

   Criteria for identifying the type and location of developments in respect of which
    Crossrail contributions should be required sought in accordance with national policy
    guidance;
   Standard charges and fFormulae for calculating fair and reasonable contributions to be
    sought and guidance on how these should be applied in specific localities and different
    kinds of development; and
   The period over which contributions will be sought and arrangements for periodic
    review.

In consultation with the Mayor, boroughs should seek to identify in their DPDs
particular sites and sub-areas where contributions are likely to be appropriate and
should be sought.

                                         Page 10 of 24
The Mayor will, when considering relevant planning applications of potential strategic
importance, take account of the existence and content of planning obligations supporting the
funding of Crossrail among other material planning considerations.

The approach outlined in this policy could where appropriate also be applied to other
transport infrastructure of regional strategic importance to London’s economic
regeneration and development and other objectives of this Plan (such as extension of
the Northern Line to Battersea). Any proposal of this kind will have regard to the
issues outlined above.

Cross-London rail links

3.226c 3.224 The Thameslink Upgrade programme, expected to be completed by 2016, is a
significant enhancement of cross-London capacity, connecting north and south, linking
King’s Cross to Blackfriars and London Bridge and enabling more through journeys, as well
as increasing interchange opportunities in the vicinity of King’s Cross and London Bridge.

3.225 Crossrail is essential to delivery of the strategic objectives of this plan. Demand for
public transport into and within central London is nearing capacity, with crowding on
Network Rail services and on London Underground routes towards the West End, the City
and Isle of Dogs. The employment growth expected over the period covered by this plan
will further increase demand. Unless this is addressed, continued development and
employment growth in central and eastern London will be threatened. In particular,
Crossrail is critical to supporting the growth of the financial and business services sector in
central London and in the Isle of Dogs, where there is market demand for additional
development capacity. It will also provide much-needed additional transport capacity to the
West End, where it will support the future development of that area as London’s premier
retail and leisure location. The scheme will also improve links to Heathrow, thereby
supporting connections for London’s global businesses. By linking these areas, Crossrail will
help reinforce the development of London’s economic and business core. It is also crucial to
the realisation of regeneration and intensification opportunities around key interchanges
within the Central Activities Zone and to its east and west. Crossrail will make a vital
contribution to improving the accessibility and attractiveness of the Thames Gateway to the
east of the Isle of Dogs, through its cross-river link to south-east London and connection
with the DLR network (including to a potential DLR extension to Barking Riverside) via an
interchange at Custom House. It is expected that Crossrail will be operational in 2017.

3.226 Given the strategic regional importance of Crossrail, and that the funding
arrangements for the scheme announced by government makes clear that it will not proceed
without contributions from developers, the use of planning obligations to secure resources
to support funding Crossrail from developments that give rise to additional demand for
public transport that Crossrail will help address is appropriate in terms of Government
guidance (currently Office of the Deputy Prime Minister Circular 5/2005) and other policies
in this Plan. The funding agreement for Crossrail between the Mayor, Transport for
London and the Government envisages that a total of £600 million might be raised towards
the cost of the project from developers, as follows:

      £300 million from use of planning obligations or any similar system that might
       replace them; and
      £300 million from the proposed Community Infrastructure Levy (CIL).

3.226a Policy 3C.12A relates to the raising of the first of these sums, but specifies the full
sum to be raised through developer contributions for Crossrail to provide guidance

                                         Page 11 of 24
for the CIL calculations required under Policy 6A.5A. The Mayor will bring forward
supplementary planning guidance setting out detailed advice about the principles to be
applied to this end, including timing and phasing, pooling arrangements, standard charges
and formulae to fix indicative contribution levels and how they will be applied in specific
localities and to particular kinds of development. This guidance will take appropriate
account of relevant legislation and policy guidance. Once implemented, the proposed
Community Infrastructure Levy will be used to raise resources to help fund Crossrail (see
paragraph 6.23a).

3.226b It is proposed that contributions will be sought in respect of developments in central
London (the extent of the relevant area will be set out in the supplementary guidance, but it
will be based upon the Central Activities Zone identified in Policy 5G.1) and the northern
part of the Isle of Dogs which include an increase in the amount of office, retail and hotel
floorspace. They will also be sought from developments in outer the rest of London where
this is appropriate under Government guidance, policies in this Plan and in local
development frameworks. This The selected approach has been taken in order to will ensure
contributions are sought only from developments that will create, or add to, congestion
on London’s the uses that make the most significant contribution to congestion on the rail
network, which provision of Crossrail is intended to mitigate. Any changes by the
Mayor to the standard charge indicative levels of contribution would be made through
new supplementary guidance, and this would be the subject of full consultation. Any new
figure would be set to take account of the effect it might have on the viability of
development, through considering development benchmarks set in this Plan (in Policy 3B.2,
with regard to offices for example) and associated guidance.

3.225 3.226c Crossrail 2, A scheme currently partly safeguarded as the Chelsea-Hackney
Line, would follow when funding is available. This scheme as currently planned would
connect south west and north east London through Clapham Junction/ Wimbledon and
Hackney respectively, and will support intensification and development at Victoria, King’s
Cross, Piccadilly Circus, Tottenham Court Road, Hackney Central and up the Lea Valley. It
will also relieve congestion on the Victoria and Piccadilly lines.



Alterations to London Plan Chapter 6:
Implementing the London Plan
Amended Policy 6A.4
Priorities in planning obligations

The Mayor will, and boroughs must, reflect the policies of this plan (in particular Policy
3C.12A), as well as local needs in their policies for planning obligations (see ODPM Circular
5/2005).

Affordable housing; supporting the funding of Crossrail where this is appropriate (see Policy
3C.12A); and other public transport improvements should be given the highest importance.
Where it is appropriate to seek a Crossrail contribution in accordance with Policy 3C.12A,
this should generally be given higher priority than other public transport improvements.

Importance should also be given to tackling climate change, learning and skills, health
facilities and services and childcare provisions.



                                         Page 12 of 24
The Mayor will, when considering planning applications of potential strategic importance,
take into account, among other issues, the existence and content of planning obligations.



Amended Policy 6A.5
Planning obligations

Boroughs must set out a clear framework for negotiations on planning obligations in DPDs
having regard to central government policy and guidance and local and strategic
considerations (see Policy 6A.4) to the effect that:

   It will be a material consideration whether a development makes an appropriate
    contribution or other provision (or some combination thereof) towards meeting the
    requirements made necessary by, and related to, the proposed development;
   Negotiations should seek a contribution towards the full cost of all such provision that is
    fairly and reasonably related in scale and kind to the proposed development and its
    impact on a wider area; and
   Boroughs must refer to planning obligations that would be sought in the relevant parts
    of the DPDs (such as transport and housing policies).

The Mayor will provide guidance for boroughs and other partners on the preparation of
these frameworks. In particular, the Mayor wishes to develop with boroughs a voluntary
system of pooling contributions for the provision of facilities related to proposed
developments.



New Policy 6A.5A
Community Infrastructure Levy

The Mayor will work with Government and other stakeholders to ensure the effective
development and implementation of the proposed Community Infrastructure Levy.

The Mayor will prepare guidance for boroughs and other partners setting out a clear
framework for application of the Community Infrastructure Levy to ensure the costs
incurred in providing the infrastructure which supports the policies in this plan (particularly
public transport including Crossrail – see Policy 3C.12) can be funded wholly or partly by
those with an interest in land benefiting from grant of planning permission.



6.22 Delivery of strategic priorities, such as funding public transport (particularly the
requirement to contribute to the funding of Crossrail where this is appropriate (see policy
3C.12A) and increasing the supply of affordable housing, will rely upon substantial
contribution being made through the negotiation of planning obligations on a consistent
basis throughout London.

6.23 Many developments have impacts beyond individual borough boundaries, such as those
involving public transport improvements and new school and health facilities. The acute
shortage of homes and the constraints on the public transport system mean that all
developments make an incremental impact upon the overall needs of the city. A strategic

                                          Page 13 of 24
approach is needed in respect of the wider impacts of an application, in addition to the
assessment of more local needs, in accordance with national guidance. The Mayor wants as
far as possible to reconcile strategic with more local impacts. There is also a need for pooling
contributions in cases where partial contributions towards a larger objective may be
appropriate – strategic transport projects like Crossrail, for example – in accordance with
Government guidance (currently ODPM Circular 5/2005, published in July 2005).

6.23a The Government has announced its intention to introduce a Community
Infrastructure Levy, intended to enable the capture of greater levels of planning gain from
residential and commercial development to help fund the infrastructure necessitated by
growth. The powers to implement the CIL by regulations are included in the Planning Act
2008. These regulations will cover issues such as collection, liability to pay, setting the
amount of the levy, collection and enforcement. Introduction of the CIL is also likely to
involve a change in the use of planning obligations.

6.23b The CIL will be based on costed assessments of the infrastructure needs arising from
the development contemplated by this plan and local development frameworks. The Mayor
will work with stakeholders to ensure effective arrangements are in place with regard to
assessing the costs of infrastructure anticipated by this plan (that needed for transport,
including Crossrail, in particular). To this end supplementary guidance will be brought
forward setting a clear framework for the application of the CIL in London. This will
include the methods boroughs must use to determine the amount of Community
Infrastructure Levy to be collected in respect of the infrastructure required to support the
policies in this plan. It will also include guidance for boroughs on the use of planning
obligations following implementation of the Community Infrastructure Levy, particularly as
regards securing affordable housing.

Add to Annex 6: List of current and proposed supplementary guidance

   Supplementary Planning Guidance: Use of planning obligations in the funding of
    Crossrail
   Guidance on implementation of Community Infrastructure Levy




                                          Page 14 of 24
Annex D to report to Mayor’s Planning and SDS Meeting 12 March 2010                                                                                                 page 1
of 8


Draft Supplementary Planning Guidance – use of planning obligations in the funding of Crossrail amended October 2009
Mayor of London‘s response to the SPG comments of the Report of the Panel February 2010

Panel                Crossrail Panel Report comments on the SPG                                                                Response from the Mayor of London March
        SPG ref
ref                  February 2010                                                                                             2010

C1.1    All          Save as amended by subsequent detailed recommendations, substitute the text of the October 2009           AGREE
                     Supplementary Planning Guidance for the May 2009 Submission version

C1.2    Para 4.21    See Recommendation R1.4 above                                                                             AGREE

C2.1    All          In the SPG substitute the terms “Central London Contributions Area”, “Isle of Dogs                        AGREE
                     Contributions Area” and “Rest of London Contributions Areas” for “Central London, “The
                     Northern Part of the Isle of Dogs” and “Outside Central London and the Northern part of the
                     Isle of Dogs” respectively.

C2.2    Annexes      That the SPG include maps of the Central Area (Annex 1), Isle of Dogs (Annex 2) and Rest of               AGREE
                     London Contributions Areas (Annex 3) with, in the case of the last, 1 km indicative radii shown
                     around all stations other than Woolwich Arsenal.

C2.3    Annexes      The Maps for the Central Area and Isle of Dogs to include 1 km indicative radii extending beyond          AGREE
                     the CAZ boundary around Paddington and Liverpool Street Stations and a 1 km indicative radius
                     around the proposed Canary Wharf station at West India Quay respectively

C2.4    Para 4.24    That the first bullet point in paragraph 4.24 of SPG include the words “about 1 km” instead of “960       AGREE
                     m” and the preamble to the bullet points include a brief explanation of the derivation of this from the
                     800 m referred to in Table 1 of the SPG.

C2.5    Annexes      That the 1 km radii around Crossrail stations, where these would effectively extend the Central           AGREE
        and Para     London and Isle of Dogs Contributions Areas and also where they represent the approximate extent
        4.24         of the Rest of London Contributions Areas, be shown with pecked lines on the SPG maps referred to
                     under comments 2.2 and 2.3 (with clear annotation as to what the pecked lines represent as




                                                                                 Page 15 of 24
                     indicative radii and incorporating a reference to SPG paragraph 4.24).

Annex D to report to Mayor’s Planning and SDS Meeting 12 March 2010                                                                                                    page 2
of 8


Draft Supplementary Planning Guidance – use of planning obligations in the funding of Crossrail amended October 2009
Mayor of London‘s response to the SPG comments of the Report of the Panel February 2010

Panel                Crossrail Panel Report comments on the SPG                                                           Response from the Mayor of London March
        SPG ref
ref                  February 2010                                                                                        2010

C2.6    Para 4.24    Delete the last sentence of the first part of paragraph 4.24 of SPG and replace with:                AGREE
                     “As in Central London and the Isle of Dogs, this is most likely to be the case where…”
                     (followed by the remainder of the second bullet point, then continuing)“There may, however, also
                     be development locations in the “Rest of London” which are at present poorly served by
                     public transport and where Crossrail may be necessary in order to enable development to
                     proceed in line with the objectives of sustainable development. In either of these
                     circumstances, the mitigation provided by Crossrail is most likely to be experienced in the
                     vicinity of Crossrail stations. Account should be taken of the fact that rail use is generally
                     likely to be highest within about 1 km of a station (representing about a 12 minute walk”
                     (then continue as in the last part of 4.24 in revised October SPG, omitting the second sentence as
                     that refers to areas that should be treated as if within the Central London and Isle of Dogs
                     Contribution Areas).

C2.7    Para 4.21    Endorse exclusion of the VNEB Opportunity Area from the Central London Contributions Area as set     AGREE
                     out in paragraph 4.21.

C2.8    After 4.21   Exclude the Waterloo Opportunity Area from the Central London Contributions Area. Add additional     AGREE
        and          paragraph to the SPG explaining the exclusion of the Waterloo Opportunity Area after paragraph
        Annexes                                                                                                           but also make clear expectation that contributions
                     4.21.
                                                                                                                          will be sought for strategic transport infrastructure
                                                                                                                          in the area at a level similar to those set out in the
                                                                                                                          SPG

C2.9    After 4.21   While retaining the London Bridge/Bankside Opportunity Area within the Central London                AGREE
        and          Contributions Area, no other part of the CAZ should be included within the CLCA south of the River
        Annexes                                                                                                           with reservation expressed above
                     Thames. Include reference to the exclusion of all areas South of the River Thames other than this



                                                                                 Page 16 of 24
                     Opportunity Area in the additional paragraph referred to under recommendation C2.8.




Annex D to report to Mayor’s Planning and SDS Meeting 12 March 2010                                                                                                      page 3
of 8


Draft Supplementary Planning Guidance – use of planning obligations in the funding of Crossrail amended October 2009
Mayor of London‘s response to the SPG comments of the Report of the Panel February 2010

Panel                Crossrail Panel Report comments on the SPG                                                              Response from the Mayor of London March
        SPG ref
ref                  February 2010                                                                                           2010

C2.10   After 4.21   Delete Elephant and Castle Opportunity Area from the Central London Contributions Area. Add             AGREE
        and          explanation for the exclusion of the Elephant & Castle Opportunity Area to the additional paragraph
        Annexes                                                                                                              but make clear expectation that contributions will
                     referred to under Recommendation C2.8.
                                                                                                                             be sought for strategic transport infrastructure in
                                                                                                                             the area

C2.11   After Para   No 1 km radius to be defined around Woolwich Arsenal station as an exception to approach for the        AGREE
        4.24 and     Rest of London Contributions Areas, with the explanation for the exclusion inserted in a paragraph to
        Annexes      follow paragraph 4.24.

C.3.1   where        Retail Developments (Class A) should be included in the contributions scheme in both the Central        AGREE with additions:
        relevant     Contributions Areas and the Rest Of London Contributions Areas on the basis of the relative impact
                                                                                                                                contributions should be sought in respect of
                     indicated in Table 1 in paragraph 4.6 of the October 2009 Supplementary Planning Guidance as
                                                                                                                                 all retail developments exceeding 500 sq m
                     amended in paragraph 3.13 of this report.
                                                                                                                                contributions should be sought from
                                                                                                                                 wholesale retail clubs and premises for
                                                                                                                                 display/sale of motor vehicles which are
                                                                                                                                 formally sui generis
                                                                                                                                refer to and order altering, amending or
                                                                                                                                 replacing the existing Use Classes Order

C3.2    where        Hotel Developments (Class C1) should be included in the contributions scheme in the Central             AGREE with additions:
                     Contributions Areas on the basis of the relative impact indicated in Table 1 in paragraph 4.6 of the



                                                                                  Page 17 of 24
        relevant     October 2009 Supplementary Planning Guidance as amended in paragraph 3.13 of this report.
                                                                                                                                contributions should be sought in respect of
                                                                                                                                 all retail developments exceeding 500 sq m
                                                                                                                                refer to and order altering, amending or
                                                                                                                                 replacing the existing Use Classes Order




Annex D to report to Mayor’s Planning and SDS Meeting 12 March 2010                                                                                                    page 4
of 8


Draft Supplementary Planning Guidance – use of planning obligations in the funding of Crossrail amended October 2009
Mayor of London‘s response to the SPG comments of the Report of the Panel February 2010

Panel                Crossrail Panel Report comments on the SPG                                                              Response from the Mayor of London March
        SPG ref
ref                  February 2010                                                                                           2010

C3.3    where        A sentence should be included in the SPG to indicate that the need to seek contributions from leisure   AGREE
        relevant     and entertainment uses within the Contributions Areas will be assessed on a case by case basis
                     having regard to the specific characteristics of the developments concerned [see C3.5 below].

C3.4    Paras 4.6    References to Commercial Development in Table 1 in paragraph 4.6 of the October 2009                    AGREE with additions –
        and 4.7      Supplementary Planning Guidance as amended in paragraph 3.13 of this report and elsewhere in
                     paragraphs 4.6 and 4.7 of this version of the SPG should be replaced by office development (within         reference should be made to uses analogous to
                     Class B1).                                                                                                  offices, but which are formally sui generis,
                                                                                                                                 such as embassies
                                                                                                                                refer to and order altering, amending or
                                                                                                                                 replacing the existing Use Classes Order
                     Amend paragraph 4.9 by adding “retail and hotel” before “office” in line 2 and “with
C3.5                                                                                                                         AGREE
                     contributions proportionate to the calculated impact shown in Table 1” after “metres” in line
                     4;
                     Replace the first bullet point by:
                     “Contributions should be sought in the rest of London in respect of Office and retail
                     development within an approximate radius of 1 km around Crossrail stations other than
                     Woolwich Arsenal (which has its own contributions regime operated by the London Borough
                     of Greenwich) based on the reduced relative impact shown in Table 1)”;


                                                                                Page 18 of 24
                      Add at the end of paragraph 4.13:
                      “However, the relative impact of retail and hotel developments is, nevertheless, still
                      significant and proportionate contributions will also be sought from them.”
                      In paragraph 4.15 add “s” to “development” at the end of line 1, “retail and hotel” after “office” in
                      line 2 and “and office and retail developments within an approximate 1 km radius around
                      Crossrail stations in the rest of London, apart from around Woolwich Arsenal (Annex 3)” after
                      “(Annex 2)” in line 4.
                      Add at the end of the paragraph: “Although not part of the contributions scheme, certain
                      leisure and entertainments proposals may warrant contributions towards Crossrail to mitigate
                      their impact in accordance with the Circular advice. These will be assessed on a case by case
                      basis.”

Annex D to report to Mayor’s Planning and SDS Meeting 12 March 2010                                                                                                         page 5
of 8


Draft Supplementary Planning Guidance – use of planning obligations in the funding of Crossrail amended October 2009
Mayor of London‘s response to the SPG comments of the Report of the Panel February 2010

Panel                 Crossrail Panel Report comments on the SPG                                                               Response from the Mayor of London March
         SPG ref
ref                   February 2010                                                                                            2010

C4.1     where        Use the term “indicative” when referring to levels of contribution throughout                            AGREE
         relevant

C4.2     after para   Include the two additional blocks of additional text in paragraph 4.27 drawn from ED33 matter 3          AGREE
         4.27         relating to “cleared” brown field sites and amended schemes.
                                                                                                                                  make clear that provisions for cleared
                                                                                                                                   brownfield sites apply only where
                                                                                                                                   development of the same Use Class as new
                                                                                                                                   development
                                                                                                                                  move this paragraph to follow those on
                                                                                                                                   measurement of floorspace

C4.3     Para 4.27    Add to paragraph 4.27 explanation that the concessions in ED33 matter 3 will not apply to renewals       AGREE
                      of permission, such proposals being considered in the light of the policy regime applying at the time.

C4.4a,   After para   Insert Matrix below after paragraph 4.24, subject to any verification the Mayor may wish to seek         AGREE



                                                                                  Page 19 of 24
4b and    4.24       from Jones Lang LaSalle that the figures would not be materially affected by the Panel’s Chapter two      further work from Jones Lang LaSalle
4c                   recommendations on contributions geographies.                                                              commissioned
                                                                                                                               figures revised to take account of Panel’s
                                                                                                                                recommendations shown in brackets in table
                                                                                                                                below




Annex D to report to Mayor’s Planning and SDS Meeting 12 March 2010                                                                                                    page 6
of 8


Table referred to in Comments 4.4a, b and c:

Indicative contribution levels            Central London                               Isle of Dogs                                Rest of London

where indicative contribution areas       including approximate 1 km                   including approximate 1 km                  including approximate 1 km
overlap the starting point for            indicative radii outwards around             indicative radius outwards around           indicative radius outwards around
negotiations would be the higher of       Paddington and Liverpool Street              the proposed Canary Wharf station           the proposed Canary Wharf station
any rates that could be applicable.       Stations                                     at West India Quay inclusive of             at West India Quay north of the
                                                                                       and south of the Poplar DLR lands           Poplar DLR lands as well as such
                                                                                                                                   radii around all other stations
                                                                                                                                   outside the Central Contributions
                                                                                                                                   Areas apart from Woolwich
                                                                                                                                   Arsenal.

Offices                                                £134 (£137)                                  £183 (£186)                                  £29 (£30)

Retail                                                   £86 (£88)                                  £117 (£119)                                  £16 (£16)



                                                                               Page 20 of 24
Hotels                                                   £59 (£60)                                     £80 (82)                                       - (-)




Annex D to report to Mayor’s Planning and SDS Meeting 12 March 2010                                                                                                   page 7
of 8


Draft Supplementary Planning Guidance – use of planning obligations in the funding of Crossrail amended October 2009
Mayor of London‘s response to the SPG comments of the Report of the Panel February 2010

Panel                 Crossrail Panel Report comments on the SPG                                                            Response from the Mayor of London March
         SPG ref
ref                   February 2010                                                                                         2010

C4.5     After para   Add a further paragraph after paragraph 4.21 to explain that two stations (Paddington and Liverpool   AGREE
         4.21         Street) fall within the Central London Contributions Area but lie close to its boundary and areas
                      within easy walking distance of them (about 1 km) extend outwards from the Contributions Area.
                      Development within such radii, shown as pecked line radii on the Annex 1 plan, would have the same
                      likelihood to require the congestion mitigation that Crossrail would provide as areas within the
                      Central London Contributions Area, so will be subject to the same contributions regime.

C4.6     After para   Add a further paragraph after paragraph 4.23 to explain that: “As in the Central London               AGREE
         4.23         Contributions Area, there are further areas within easy walking distance (about 1 km) of the
                                                                                                                               add “Canary Wharf” after “new”
                      proposed new station at West India Quay that would have the same likelihood to require the
                      congestion mitigation that Crossrail would provide as areas within the defined Isle of Dogs              define northern boundary of the area in which
                      Contributions Area. The area from the Poplar DLR lands southwards may be expected to                      the full IoD contribution will be sought as


                                                                                Page 21 of 24
                      attract commercial and financial services development similar to that at Canary Wharf, so                  being West India Dock Road-Poplar High
                      will be subject to the same contributions regime as the Isle of Dogs Contributions Area.                   Street-Naval Row-Aspen Way.,
                      Development to the north of the Poplar DLR lands is, however, likely to be of very different
                      character and mainly related to supporting the local residential community. It will therefore
                      be subject to the Rest of London Contributions Areas regime, referred to below.”

C4.7    Para 4.24     Delete the sentence referring to the standard charge for central London being a starting point from    AGREE
                      paragraph 4.24 and substitute a reference to the matrix referred to in comments 4.4 above as a final
                      sentence: “The matrix of indicative contributions in the different Contributions Areas would
                      therefore be as follows:

C5.1    Para 5.8      New Paragraph 5.8 set out in ED33 to be added to the SPG                                               AGREE

C5.2    Para 3.6      The final sentence of Paragraph 3.6 of the SPG be amended to read as follows: “The Government          AGREE
                      will provide additional grant to make good this second sum if it is not possible to raise it           add “It is understood that” at beginning. Better
                      through a Mayoral CIL in a way that would be additional to S106 contributions.”                        reflects background.

Annex D to report to Mayor’s Planning and SDS Meeting 12 March 2010                                                                                                      page 8
of 8


Draft Supplementary Planning Guidance – use of planning obligations in the funding of Crossrail amended October 2009
Mayor of London‘s response to the SPG comments of the Report of the Panel February 2010

Panel                 Crossrail Panel Report comments on the SPG                                                             Response from the Mayor of London March
        SPG ref
ref                   February 2010                                                                                          2010

C5.3    Where         We commend the approach of paragraph 4.106 of the CIL Consultation that would allow Crossrail          AGREE
        appropriate   S106 Contributions to be offset against the Crossrail proportion of any Mayoral CIL

C5.4    n/a           We commend the approach allowed by draft Regulations 34 (3-5) of Examining a Mayoral CIL and           NOTE
                      that of one or more Boroughs alongside the Examination of the Replacement London Plan
                                                                                                                             This recommendation will have to be considered in
                                                                                                                             the light of the recently published draft CIL
                                                                                                                             regulations. It is proposed not to refer to this
                                                                                                                             suggestion in the draft SPG

C5.5    n/a           We recommend that the calculation basis for any CIL in London should be the same as adopted in         NOTE




                                                                                 Page 22 of 24
                   relation to the Crossrail Contributions SPG.                                                       The basis for calculation of the Londonwide CIL
                                                                                                                      will be on a different basis, as required by the
                                                                                                                      relevant regulations. It is proposed not to refer to
                                                                                                                      this suggestion in the draft SPG

C6.1   Para 4.29   That an additional sentence be added after the new second sentence in draft SPG Paragraph 4.29:    AGREE
                   “Arrangements will be made, in consultation with Borough stakeholders, to bring the
                   collection of contributions to an end once the required sum of £300 million has been
                   collected.”

C6.2   Para 4.32   That a further sentence be added to the end of draft SPG paragraph 4.32: “Contributions would be   AGREE
                   used only for the purpose for which they have been collected unless agreed otherwise. This
                   will be included among the model clauses for agreements, with the protocols also containing
                   more detailed advice on the termination of the contributions regime when the requisite level
                   of funding has been collected.”




                                                                            Page 23 of 24
Annex E to report to Mayor’s Planning and SDS Meeting 12 March 2010

To follow…




                                    Page 24 of 24

								
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