SummaryThis report seeks approval to enter into a Planning Performance Agreement between the Council and Transport for London for the provision of a dedicated planning resource to facilitate the preparation and delivery of a Planning Brief in respect of the land known as Golders Green Station (comprising Golders Green Bus Station and a part of Golders Green Station and Depot) (“the Site”). The preparation of a Planning Brief has been commissioned for the purpose of providing a clear and robust planning framework that will inform and guide the consideration of any subsequent planning application for redevelopment of the Site.

ACTION TAKEN UNDER DELEGATED POWERS BY CHIEF OFFICER

25 November 2016

Title Planning Performance Agreement – Golders Green Station Planning Brief

Report ofInterim Deputy Chief Executive and Commissioning Director - Growth & Development

Wards Garden Suburb

Status Public

Enclosures

Appendix A – Superseded Planning Brief BoundaryAppendix B – The SiteAppendix C – Golders Green Station Planning Performance Agreement

Officer Contact Details Grady O’Brien0208 359 7119grady.o’brien@barnet.gov.uk

Decisions To approve the enclosed planning performance agreement for execution

1. WHY THIS REPORT IS NEEDED

1.1 In June 2016, Transport for London (TfL) met with the Council’s Major Developments Team to discuss its intention to redevelop Golders Green Bus Station (“the Bus Station”) and to obtain feedback regarding a concept redevelopment proposal. At that time, TfL was considering redevelopment of the Bus Station in order to provide for anticipated future bus and coach requirements over the next 25 years, whilst simultaneously delivering residential development and enhancements to the public realm through a transit oriented development approach.

1.2 The Bus Station abuts a congested intersection that includes a war memorial located on an isolated central island and forming part of the Golders Green Town Centre. Due to the strategic significance of the location and the multifaceted considerations that provide the context within which any forthcoming planning application must be assessed, the preparation of a planning brief provides an appropriate mechanism to establish a clear framework that will inform and guide any future redevelopment proposal.

1.3 The terms of a Planning Performance Agreement (PPA) was agreed in principle with TfL in August 2016 based on the delivery of a Planning Brief for the redevelopment of the Bus Station plus a small portion of adjoining land known comprising part of Golders Green Station and Depot as shown appended as ‘Appendix A – Initial Site Boundary’.

1.4 Following a subsequent meeting in September 2016 with TfL representatives, the Commissioning Director for Environment, Strategic Lead – Effective Borough Travel, the Chief Planning Officer and officers from the Major Developments Team, it was agreed that due to the strategic significance and context of the location that the terms of reference should be extended to incorporate a wider site area . It is noted that TfL had considered redeveloping land in its ownership to the east of the Golders Green Bus Station but had ruled this out as a realistic development opportunity in the short to medium term. Notwithstanding this, it is agreeable to working with the Council to put in place a Planning Brief which addresses a wider area of focus and which can deliver a more holistic redevelopment framework for the wider Site area.

1.5 In October 2016 an internal meeting was convened with the Commissioning Lead – Planning, Commissioning Lead – Entrepreneurial Barnet, Growth and Development, the Chief Planning Officer and officers from the Major Developments Team. The discussion focused on the extent of additional land to be incorporated within the Planning Brief boundary area that will deliver not only a guiding framework for any future redevelopment of the Bus Station, but which also articulates the Council’s vision for the long term redevelopment of adjoining TfL lands as an associated development site.

1.6 Following further deliberation with TfL, a revised Planning Brief boundary area was agreed with TfL and is shown appended as ‘Appendix B – The Site’.

1.6 This report is therefore required to give the necessary authority for the Council to enter into the PPA as drafted.

2. REASONS FOR DECISIONS

2.1 The purposes of entering into the PPA are to enable the following:

- To agree requirements and timescales in the form of a project programme to provide for the preparation and delivery of a planning brief that will provide a guiding framework to inform the submission of any subsequent planning application for the redevelopment of the Site;

- To agree to the resource requirements of the Council required to facilitate the preparation of a Planning Brief and the funding of those requirements by TfL;

- To establish governance and review mechanisms in respect of the project programme and the scope/terms of the agreement;

- To establish appropriate measures for monitoring compliance with the respective parties’ obligations under the agreement;

- To provide a robust planning brief setting out the parameters within which a planning application should come forward; and

- To ensure the delivery of a planning brief within three (3) months from the date of the agreement for consultation with any consultee.

2.2 The proposed PPA is shown appended as ‘Appendix C – Planning Performance Agreement’ and has been agreed in principle with TfL and is ready for execution.

2.3 TfL has agreed to fund the cost of time spent by Council’s Appointed Officers on the project up to a maximum of £16,634.24 (sixteen thousand six hundred and thirty four pounds and twenty four pence) over the term of the agreement.

3. ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

3.1 In accordance with paragraphs 186 and 187 of the NPPF, the Council is required to take a positive and proactive approach to development proposals with a focus on solutions.

3.2 The alternative option is not to enter into the PPA with TfL. A standard pre-application advice service is offered by the Council for development proposals however, in consideration of the strategic significance, context and complexities of the Site, this is not considered an appropriate alternative.

4. POST DECISION IMPLEMENTATION

4.1 Subject to approval of the officer’s recommendation, the PPA is ready to be signed by the Council and TfL. The PPA will be reviewed on or before the review date, being three (3) months from the date of commencement of the agreement.

5. IMPLICATIONS OF DECISION

5.1 Corporate Priorities and Performance

5.1.1 Approval of the proposed PPA is aligned with the Council’s Corporate Plan (2015-2020 with 2016/17 addendum and targets) priorities (page 4) to:

- Manage demand for services’ by delivering services differently and more efficiently (“Fairness” principle);

- Get the basics right to ensure that clients who need to transact with regulatory services such as Planning and Building Control are able to do so with greater speed and certainty (“Opportunity” principle); and

- Manage the budget reductions in place to 2020 by delivering (services) more efficiently (differently and better) by the Council and the wider public sector. (“Opportunity” principle)

5.1.4 Resources (Finance & Value for Money, Procurement, Staffing, IT, Property, Sustainability)

5.1.5 The PPA requires TfL to pay on demand any costs incurred by the Council prior to commencement of the PPA in the sum of £8365.71 (eight-thousand, three-hundred and sixty-five pounds and seventy-one pence) and monthly in arrears the post commencement costs of the Council limited to £2,376.32 (two-thousand, three-hundred and seventy-six pounds and thirty-two pence) per month as a contribution towards the funding of the Council’s appointed officers responsible for delivering the planning brief.

5.1.6 The fees referred to under 5.1.5 equate to a total of £24,999.95 (twenty-four thousand, nine-hundred and ninety-nine pounds and ninety-five pence). The terms of the PPA previously agreed in principle with TfL in August was subject to a maximum budget of £25,000 (twenty-five thousand pounds) over the life of the term of the agreement. A project programme has been devised based on the maximum agreed fee of £25,000 (twenty-five thousand pounds).

5.1.7 Subject to the payment of the post commencement costs, the Council agrees to devote sufficient officer resources to ensure compliance with the purposes of the PPA. It is expected that the costs of delivering the brief will be met by TfL in full.

5.1.8 There are no ICT or property implications arising from this agreement.

5.2 Legal and Constitutional References

5.2.1 The Government paper ‘Planning for a Sustainable Future’ (DCLG, May 2007) introduced the concept of the planning performance agreement as an effective collaborative mechanism for handling complex planning applications. Although a PPA has no statutory legal status it allows a developer and LPA to agree and project plan a delivery programme including the appropriate resources necessary to process a planning application in a timely manner. A PPA provides a developer with greater certainty with respect to timescales, costs and advice from relevant professionals.

5.2.2 Section 93 of the Local Government Act 2003 empowers the Council to charge for negotiating a PPA on an actual cost of service provision basis.

5.2.3 Section 1 of the Localism Act 2011 empowers the Council to enter into a PPA under its general power of competence.

5.2.4 The Commissioning Director – Growth and Development post holder is authorised to discharge the statutory functions detailed in Responsibility for

Functions, Annex B (Scheme of Delegated Authority to Officers) (Article 9.08, March 2016, page 4) including taking and implementing any decision required for operational effectiveness of planning & development management and strategic planning (Article 15, Annex B ‘Responsibility for Functions - Scheme of Delegated Authority to Officers’, December 2015, page 21)

5.3 Risk Management

5.3.1 A project programme has been agreed with TfL (see page 10 of draft PPA) which identifies the steps to be taken by the LPA and other Council officers e.g. highways in order to achieve the submission of the first draft of the planning brief to the 23 February 2017 Policy and Resources Committee Meeting. The clear steps mitigate the risk of a redevelopment proposal for the Site coming forward outside of the robust planning framework of a planning brief to guide its consideration and determination.

5.4 Equalities and Diversity

5.4.1 Section 149 of the Equality Act 2010 (“the Act”) imposes important duties on the Council in the exercise of its functions including a duty to have regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act; advancing equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

5.4.2 Officers have in considering the planning performance agreement and preparing this report had regard to the requirements of section 149 and have concluded that a decision to authorise the putting in place of the proposed planning performance agreement would comply with the Council’s statutory duties under this legislation

5.4.3 It is considered by officers that the proposed terms of the planning performance agreement do not conflict with the Council’s Equalities Policy or the commitments set out in the Council’s Equality Scheme and support the Council in meeting its statutory equality responsibilities.

5.5 Consultation and Engagement

5.5.1 Officers have had extensive discussions with TfL in the preparation of the PPA. In light of the strategic significance of the Site and work currently being undertaken associated with the preparation of a Golders Green Town Centre

Strategy, LBB commissioners were engaged in discussions regarding the planning brief. This dialogue is on-going.

6. DECISION TAKER’S STATEMENT

6.1 I have the required powers to make the decision documented in this report. I am responsible for the report’s content and am satisfied that the issues involved in this report do not raise significant levels of public concern or comment or give rise to any policy considerations and that I do not need to seek the view of the Chairman of the Planning Committee. I am satisfied that all relevant advice has been sought in the preparation of this report and that it is compliant with the decision making framework of the organisation which includes Constitution, Scheme of Delegation, Budget and Policy Framework and legal issues including Equalities obligations.

7. CHIEF OFFICER’S DECISION

I authorise the following action

7.1 The signing of the enclosed planning performance agreement

Signed 25 November 2016

Date Interim Deputy Chief Executive and Commissioning Director - Growth & Development

Appendix A – Superseded Planning Brief Boundary

Appendix B – The Site

Appendix C – Golders Green Station Planning Performance Agreement

Planning Performance Agreement dated _______________________________

In respect of

Golders Green Station Planning Brief

1. Parties

1.1 This Agreement is made between the following parties:

The Mayor and Burgesses of the London Borough of Barnet of North London Business Park Oakleigh Rd South, London, N11 1NP (“the Council”)

and

TRANSPORT FOR LONDON (a statutory corporation) whose registered office address is Windsor House, 42-50 Victoria Street, Westminster, London SW1H 0TL (“the Developer”).

2. Recitals

2.1 The Council is the local planning authority for the area within which the Site is situated.

2.2 The Developer is the integrated transport authority for London.

2.3 In or around June 2016, the Developer met with the Council to discuss the Developer’s intention to redevelop the Site.

2.4 The Developer has subsequently provided the Council with a project brief which sets out a number of development opportunities for the Site, including the potential for improvements to:

- Public transport interchange (including between bus, underground and road networks)

- Public/passenger movement and safety

- Station entrance

- Public amenity

- Public realm

- staff accommodation

- Retail provision

- Residential development

2.5 The Developer and the Council are satisfied that this Planning Performance Agreement is necessary in order:

To agree requirements and timescales in the form of a project programme to provide for the preparation and delivery of a Planning Brief that will provide a guiding framework to inform the submission of any subsequent planning application for the redevelopment of the Site;

To agree to the resource requirements of the Council required to facilitate the preparation of a Planning Brief and the funding of those requirements by the Developer;

To establish governance and review mechanisms in respect of the project programme and the scope/terms of this Agreement;

To establish appropriate measures for monitoring compliance with the respective parties’ obligations under this agreement;

To provide a robust Planning Brief setting out the parameters within which a planning application should come forward; and

To ensure the delivery of a Planning Brief within three (3) months from the date of this Agreement for consultation with any Consultee.

3. Definitions

“Agreement” means this Planning Performance Agreement between the Council and the Developer.

“Commencement Date” means the date of this Agreement

“Consultee” means any government department, agency, organisation, public body or corporation and including any internal department of LBB for which its advice will be necessary to inform and address all relevant considerations relating to the development of the site.

“Council’s Service Standards” means the standards set out in Schedule 1.

“Council’s Appointed Officers” means officers appointed by the Council as set out in Appendix 4, to advise on this project; such advice to cover a range of Services as required under the agreement.

“Council’s Expenses” means expenses for the production of consultation materials, including, but not limited to, exhibition boards, leaflets and venue costs required for the public consultation event.

“the Developer” means Transport for London (a statutory corporation) whose registered office address is Windsor House, 42-50 Victoria Street, Westminster, London SW1H 0TL.

“The Developers Obligations” means the obligations set out in Schedule 2.

“Joint Working Meetings” means Weekly Engagement Meetings and any other similar or substitute meeting as requested by either party.

“Parties” means the Council and the Developer.

“Planning Brief” means a policy document that provides a summary of the planning policy framework as it relates to the Site, identifying constraints and opportunities and the type of development on the Site expected or encouraged by local planning policies.

“Project Programme” means the programme set out at Appendix 2 of this Agreement.

“Re” means Regional enterprise Limited, the joint venture between the London Borough of Barnet and Capita (Registered in England 08615172 at 17 Rochester

Row, London, England SW1P 1QT) to run the development and regulatory services of the Council.

“Retrospective Costs” means costs incurred by the Council (in using Re to deliver the Services) from 4 August 2016 to the date of this agreement totalling eight-thousand, three-hundred and sixty-five pounds and seventy-one pence (£8,365.71).

“Review Date” means 3 months from the Commencement Date, or any other date mutually agreed between the parties.

“Services” means activities and advice provided by the Council using Re to deliver including town and country planning, urban design, master planning, transportation, highways, regeneration and support services pursuant to this agreement and in accordance with the Council Service Standards set out in Schedule 1.

“Term” means seven (7) months from the Commencement Date.

“The Site” means the land known as Golders Green Bus Station, North End Road NW11 7RN the freehold to which is registered at the land registry under title number AGL353712 and the part of the land known as Golders Green Station and depot North End Road, London NW11 7RN the freehold to which is registered at the land registry under title number AGL211090 falling within the red and yellow line boundary as shown on the plan in Appendix 1.

“Working Days” means a day which is not a Saturday, Sunday or a Bank Holiday.

4. Statutory AuthorityThis Agreement is made pursuant to Section 93 of the Local Government Act 2003,

Section 111 of the Local Government Act 1972 and Sections 1 and 2 of the Localism Act

2011

5. Term

This Agreement will apply from the Commencement Date and shall remain in force for seven (7) months.

This Agreement will be reviewed on or before the Review Date.

6. Functions

The Developer and the Council will use their reasonable endeavours to adhere to the terms and timelines for the tasks set out in this agreement in accordance with the service standards and the project programme.

7. Joint Working

All Parties shall act with the utmost fairness and good faith towards each other in respect of all matters in respect of the handling of the pre-application planning advice and to work jointly with each other in complying with their respective obligations under this Agreement.

8. Developer’s Obligations and Payments

8.1 The Developer will meet its obligations set out in Schedule 2.

8.2 The Developer agrees to pay to the Council £2,376.32 (two-thousand, three-hundred and seventy-six pounds and thirty-two pence) per calendar month from the Commencement Date for the term of the agreement.

8.3 Unless otherwise agreed in advance and in writing between the parties, the total of the sums referred to under clause 8.2 above, shall be limited to a maximum of £16634.24 (sixteen-thousand, six-hundred and thirty-four pounds and twenty-four pence) over the life of the term of this Agreement.

8.4 The Council shall invoice the Developer monthly in arrears for Services provided by the Council for any work completed during the previous calendar month. The hours assigned and associated costs relating to the actions will be itemised on a single invoice. Details of the payee and address will be forwarded upon completion of this Agreement. Subject to receiving the appropriate information payment will be made by the Developer within ten (10) Working Days of receipt of the Council’s invoice.

8.5 The Developer will pay any VAT due upon the Services (if any) as included on the Council’s monthly invoice.

8.6 Subject to the payment of any sums due as set out in clauses 8.2 to 8.5 above:

8.6.1 The Council will provide sufficient resource(s) to discharge its obligations in compliance with the Agreement set out in the Project Programme.

8.6.2 In the event that the Developer withdraws or otherwise abandons the development proposals for the Site, the Developer shall give twenty (20) Working Days notice of such withdrawal and shall pay all amounts due to the Council up to the date, being twenty (20) Working Days following the date of the notice, for Services that the Council has provided.

9. Governance and Joint Working Meetings

9.1 The Parties shall attend Joint Working Meetings in accordance with the Project Programme or as and when necessary, at premises of the Council or such other premises as agreed by the Parties to discuss any matters/issues arising from the emerging Planning Brief. Each matter/issue will be evaluated and discussed with the parties and a method of resolution agreed and minuted. An agenda for the meeting setting out the relevant matters for discussion will be agreed five (5) Working Days prior to each meeting.

9.2 Where reasonably requested by the Developer, the Council shall make available, within five (5) Working Days, an officer with the appropriate level of authority and relevant experience to attend meetings with external third parties.

9.3 Where reasonably requested by the Developer, the Council shall make available, within five (5) Working Days, a highways officer with the appropriate level of authority and relevant experience to attend meetings with external third parties.

10. Review

At the request of either party, the Parties shall on the Review Date in good faith discuss the progress of the Planning Brief and all related processes against the Project Programme and review whether any extension of the Term or other related content of the Agreement will be necessary in order to enable the Council to discharge its functions under the Project Programme.

11. Breach and Termination

If any party shall commit any breach of its obligations under this Agreement and shall not remedy the breach within ten (10) Working Days of written notice from the other party to do so, then the other party may notify the party in breach that it wishes to terminate this Agreement forthwith and the Agreement shall be terminated immediately upon the giving of written notice to this effect to the party in breach PROVIDED ALWAYS that the breach is within the control of the party that is in breach and it is capable of being remedied and subject to the Developer paying all expenses reasonably incurred by the Council prior to termination of the Agreement.

12. Nature of the Agreement

12.1 Nothing in this Agreement shall create, or be deemed to create, a partnership between the Parties.

12.2 If any provision of this Agreement is held by any court or other competent body to be void or unenforceable in whole or part, then the other unaffected remaining provisions of the Agreement shall continue.

12.3 Nothing in this Agreement shall fetter or restrict the Council in the exercise of its powers under any enactment, statutory instrument, regulation, order or power for the time being in force.

12.4 The Council enters into this Agreement on the basis that it has done so without prejudice to its determination of any future planning application and/or any other application associated with development of the site and nothing in this Agreement is intended to commit to the delivery of an approval of any planning application or unlawfully fetter the statutory powers, duties or discretions of the Council.

Schedule 1 – The Council’s Service Standards

1. Subject to the Council not fettering its lawful discretion, the Council shall use its reasonable endeavours to carry out the functions at all times in accordance with the following service standards. The Council shall use its reasonable endeavours to:

Respond substantively to all urgent emails, letters and telephone calls within two (2) Working Days of receipt. Where circumstances beyond the reasonable control of the Council prevent its compliance with this service standard, the Council shall in each case notify the Developer of such circumstances forthwith and the Council shall endeavour to respond substantively no later than five (5) Working Days after receipt of any communication.

Notify the Developer no later than five (5) Working Days prior to any meeting of the Council’s Policy and Resources Committee at which any report or matter relevant to the Planning Brief will be discussed and or considered and to provide the Developer with a copy of any report to the Policy and Resources Committee at that time.

Provide to the Developer at least three (3) Working Days prior to any meeting all substantive and relevant documents which are relevant to that meeting and which relate to any relevant action or agenda points identified. These can be provided in electronic format.

To provide to the Developer within five (5) Working Days of any meeting at which any report or matter relevant to the Planning Brief will be discussed and or considered (not attended by the Developer) the minutes or action points arising from that meeting.

Ensure that the Council’s Appointed Officers as set out in Appendix 4 liaise with professional colleagues wherever necessary to address all relevant aspects pertinent to the preparation of the Planning Brief and subsequent development of the Site with particular regard to highways and urban design matters.

Schedule 2 – Developer’s Obligations

2.1 The Developer agrees:

To provide the Council with such additional information as may be requested within five (5) Working Days of such written request from the Council (or such other time period as may be agreed) in order to enable the Council to discharge its functions under this Agreement.

To provide to the Council at least five (5) Working Days prior to any meeting all substantive and relevant documents which are relevant to that meeting and which relate to any relevant action points or agenda identified.

To pay to the Council upon written demand the Council’s Expenses.

To pay to the Council upon written demand the Retrospective Cost.

To pay to the Council the charges submitted for the Council’s time and internal expenses in accordance with Clause 8.2 to 8.5 of this agreement.

If the Council does not have the required specialist knowledge in-house or if its specialists are unavailable for more than five (5) consecutive Working Days, to consent to the Council retaining specialist consultants to assist in the preparation of the Planning Brief and to meet such costs within the capped monthly sum under clause 8.2 above (such consent not to be unreasonably withheld).

Appendix 1 Site Plan

Appendix 2 Project Programme

Appendix 3 Council’s Charges

Grade Hourly Rate

Senior Director£124.09

Director£96.68

Associate Director£80.29

Manager£79.50

Principal Professional£68.10

Senior Professional£55.86

Professional£53.68

Senior Support£40.73

Support£28.71

Appendix 4 – Council’s Appointed Officers

The PPA Project Team shall comprise appropriate representatives from both the Council and the Developer. Membership of the team may vary depending on changing requirements.

The core team for the Council is as follows:

Name(s) Position and Role Contact Details

Planning Officers

Terry Garner Major Developments Manager

Terry.Garner@barnet.gov.uk 0208 359 3174

Grady O’Brien Senior Planner Grady.O’Brien@barnet.gov.uk0208 359 7119

Urban Design Officer

Konstantinos Kalogeropoulos

Principal Urban Designer

Konstantinos.Kalogeropoulos@Barnet.gov.uk 0208 359 7742

Highways Officers

Jude Freeman Principal Transport Planner

Jude.freeman@barnet.gov.uk 0208 359 5658

David James Principal Transport Planner

David.James@capita.co.uk 02920 803 574

The core team for the Developer in respect of the Planning Brief is:Name(s) Position and Role Contact Details

David Wakeford Senior Development Manager

davidwakeford@tfl.gov.uk 020 7126 2095

Peter Elliot Head of Property Development

peterelliot@tfl.gov.uk020 3054 8776

AGREEMENT

The London Borough of Barnet and the Applicant hereby agree to the content of this Planning Performance Agreement.

London Borough of Barnet (“the Council”)

Name Cath Shaw

Position Interim Deputy Chief Executive

Commissioning Director – Growth and Development

Signature

Date

Transport for London (“the Developer”)

Name

Position

Signature

Date