“A new station concourse with stair and lifts to platform level; three buildings ranging in height between 7 storeys and 2 storeys (where measured from London Road Bridge) comprising 115 residential units, 734 sq.m of flexible Use Class A1 (shops), A2 (financial and professional services) and A3 (restaurant and cafe) floorspace ….”
“… The heights of the buildings exceed the requirements set out in local policy however they are considered to provide a suitable transition between the height of Regal House and the recently erected hotel and the two storey houses in Cole Park Road with a mass that is broken into three blocks where the articulation and geometry is such that the scale and mass is considered to be suitable in the context of a town centre location and providing a gateway into Twickenham. A key component of the development is the erection of a raft over the railway tracks which would allow the provision of the station entrance direct and closer to the platforms, closer to the town centre and would provide a public plaza in front of it. … The applicant has demonstrated with a financial viability study that has been independently verified that subject to the build costs being as predicted (including the raft) the level of enabling development needs to be as proposed (115 residential units and 734 sq m of retail space). Whilst the building heights exceed those set out in Policy DM DC3 and the relevant SPD [Supplementary Planning Document] and no affordable housing is provided the securing of substantial rail investment and improvements as described are considered by officers to be of greater planning benefit to the revitalisation of Twickenham town centre in accordance with Core Strategy Policy CP9 and the UDP Proposal Site (T17).”
“no comments received at the time of writing”
“Members will be aware that the Twickenham Advisory Panel have reported their findings of the application to the Leader of the council (Lord True) on the back of the public event held in July 2011. This response has not been submitted against the planning application or formally to planning officers and as such the comments therein are not considered material to the consideration of this application.”
“The Committee considered the information provided by officers and the points raised by speakers. Members considered the merits of the scheme and balanced this against the perceived disadvantages of the proposal. Members discussed the design of the scheme and the height of the buildings, considering whether departure from the Council’s Development Management Plan and Supplementary Planning Guidance be justified in the context of the provision of enhanced station facilities and new public realm. The Committee considered the lack of provision of affordable housing and whether this was acceptable in the context of the viability study and section 106 financial obligations that were proposed. The Committee considered the impact on the street scene and neighbouring amenity in the vicinity of the site, and in particular whether the height and scale of the proposal would create a sense of enclosure for the residents of Mary’s Terrace. It was recognised that there were disadvantages to the scheme, but Members considered that the benefits of the scheme outweighed the potential harm, and that the conditions secured would mitigate the harm ….”
“The proposal has been considered in the light of the Development Plan, comments from the GLA and other statutory consultees and third parties (where relevant), the National Planning Policy Framework and compliance with Supplementary Planning Guidance as appropriate. It has been concluded that the proposal accords overall with the Development Plan and where there are material non-compliances, the determination has considered that other overriding planning considerations should be attached greater importance. It is hence considered that the proposal accords withSection 38(6) of the Planning and Compulsory Purchase Act 2004 . The main planning benefits of the scheme including the provision of a modern, accessible railway station, improved interchange facilities and new public space would provide a catalyst for the regeneration of the northern approach to the town centre and an improved facility serving the local rugby stadia, specifically the RFU stadium for the Rugby World Cup in 2015. These significant benefits of which there is local community support have been carefully considered, balanced and found to outweigh the key material non-compliances of the scheme which are the non-provision of affordable housing, the building heights exceeding SPD and the impact on certain elements of the community infrastructure and facilities in Twickenham. … The proposal has been submitted with a comprehensive townscape appraisal setting out the design justification as required by Policy DM DC3. In this respect the design and architectural approach is considered acceptable providing a sustainable development of modern buildings to the London Road frontage and a building of more traditional appearance and scale fronting the River Crane and Cole Park Road. The heights of the buildings exceed the requirements set out in Policy DM DC3. However they are considered to provide a suitable transition between the commercial building forms and heights of Regal House and the Travel Lodge hotel on London Road and the two storey houses found in the neighbouring residential streets of Cole Park Road and Mary’s Terrace. … … Whilst the building heights exceed those set out in Policy DM DC3 and the relevant SPD …. The securing of substantial rail investment and improvements as described above are considered to be of greater planning benefit to the revitalisation of Twickenham town centre in accordance with Core Strategy Policy CP9 and the UDP Proposal Site (T17). With regard to the heights of the buildings, there has been significant local community support for the public benefits of the overall scheme including the improvements to the station and its immediate surroundings as listed above.”
“Purpose The purpose of the Twickenham Advisory Panel is to work with the Council and to advise on and assist in the development and implementation of a blueprint for the regeneration of Twickenham, including the Area Action Plan. Mandate The Advisory Panel is charged with assisting in: • Direction • Overall Work programme • Work with relevant agencies • Advice, guidance and technical support • Promote funding solution, including fundraising • Safeguarding the implementation of specific proposals or projects • Recommendations to the Leader of the Council … Functions of the Advisory Panel The task of the Panel is to consider matters relating to the development of Twickenham including the production of the Area Action Plan and any actions or activities which may arise from this; receive commissions from the Area Action Plan, when applicable; specific site projects; research and analysis. Performance of the Panel’s functions The panel will perform its functions and conduct its proceedings in public. Require minimum attendance of six meetings per year. Recommendations may be made to the Cabinet and to the Leader of the Council. Scope of advice When advising the Cabinet, the Panel shall be free to recommend any action which they consider appropriate.”
“Introduction 1.1 This is a Report for Lord True [the Leader of the Council] and Council Officers on the outcomes of the Twickenham Advisory Panel’s work in relation to the proposals for Twickenham Station being promoted by Solum Regeneration through their planning application (reference 11/1443/FUL). 1.2 The initial brief from Officers to TAP was to organise a public event in respect of the proposals but was not prescriptive as to the form of event. When discussing the best approach to adopt, the Panel was aware of: • The application 11/1443/FUL being live at the point at which TAP was invited to apply itself to the proposals. • The considerable local interest in the proposals as well as the history of consultation, applications, local protest and mobilisation through groups such as TRAG. 1.3 The approach adopted by TAP in this context was to: • Focus on the submitted application as validated. • Seek to raise awareness of the application within the local community. • Avoid being partisan and operate as an ‘Honest Broker’ – providing a channel for dialogue between the local community and Solum, clarifying points of confusion and misunderstanding. This was seen as a positive niche for TAP in the existing context. • Anticipate and ultimately prepare an objective and fair report of its work and findings.”
“Conclusions The conclusions drawn from TAP’s work on the Station proposals are as follows: • The public event confirmed the significant interest in the redevelopment of the Station and there is a clear consensus that the existing Station needs investment and improvement. The Rugby World Cup 2015 is a target to aim for but equally time is of the essence in delivering what will be a complex, civil engineering project. • Through the public event, the meetings with Solum and enquiry of the application, the proposals have been tested in terms of the areas of most concern to the local community. These are principally in terms of: the way in which the proposals have been consulted on and the underlying viability issue; the impact on local amenity, transport and event-day operations; as well as the benefits of the proposals to the local economy and Twickenham’s regeneration • The conclusion drawn by TAP from its enquiry and work on the station application is that unfortunately there are serious areas of concern which cannot be easily reserved to further detailing of the design and construction method post-consent. • Whilst the height and mass of the development is explained in terms of viability, it is not sustained in terms of local support, the Station Area SPD or the impact on adjoining residents. • There is no explanation of why the£580k unallocated s.106 funding has not been used to subsidise the scheme and reduce its height and mass in response to local consultation. • The securing of additional financial support would take the pressure off the design and the loading of apartments over the Station in an environment that is subject to high noise pollution, railway vibration and event-day operations and in a form that will be less prejudicial to the future expansion of the station and cast the Riverside Walk in less permanent shadow. • Given its current condition and failings together with its strategic importance it feels extraordinary that no other funding is available to support the improvements to Twickenham Station. • We would therefore commend a ‘Plan B’ proposal for the Station which is not driven purely by the imperative of maximising ‘enabling’, residential value and is instead in line with Planning Policy, responds to concerns with respect to the impact on local amenity and economy, provides substantive improvements in event-day operations and passenger capacity – in other words a Station that is fit for purpose, future proof and a source of real pride and confidence in the regeneration of Twickenham. • TAP does feel that the position Solum has taken has really restricted its work and what we have been able to achieve particularly Solum’s refusal to develop a Plan B as well as their arguably defensive and evasive approach to a number of questions from TAP some of which still remain unanswered.”
“The recollections of Chris Tankard, Development Control Team Leader, are that the TAP report was circulated on Friday 9 December. Chris Tankard received his copy from Jon Freer (Assistant Director of Environment (Development & Streetscene)) around midday but did not have time to look at it in any meaningful detail at that time as they were up against a midday publication deadline. Following a last minute request from Solum some of the conditions then needed fine tuning and Chris Tankard and Bryan Staff were working on these until late afternoon on the Friday. Chris Tankard took the TAP report home to read over the weekend and its contents were summarised in the Addendum published on 16 December. Jon Freer did not receive a copy of the TAP report direct but took a copy from another officer who had received a copy. He had read the TAP report in speed reading mode but after dispatch of the committee report to publication to see if there were any issues not covered in the report. He found none.”
“As the Twickenham Advisory Panel, your first specific commission that was not generated internally – namely to organise a public meeting on the Station Development – was a very challenging but an important one for the town in the most difficult circumstances of an evolving planning backdrop. It provided you all with the opportunity to capture and distil some of the passion of the people of Twickenham. Whilst the report you produced on the proposals for a Station Development was not able to have been considered through the planning committee process, it is very thorough in its consideration of the many concerns and issues raised by local residents and contains a number of elements I would have agreed with.”
“In this process [the emerging Area Action Plan] the Twickenham Panel was set up in parallel to the direct democracy consultations to provide a potential additional sounding board and independent advisory role. It has never had any statutory or representative role, although we greatly value the work of its members. … As to the Station, after the Panel brought Solum to meet the public at my request, they themselves decided to write a report on the plans … Unfortunately – and this was a result, not of conspiracy, but poor communication – this very thorough Report was not presented in time to be considered before the Planning Committee. Nor, because of Christmas leave, did I myself see it until the New Year.”
“Sir Thomas Bingham MR in the course of his judgment in this case said that ‘material’ in subsection (2) meant ‘relevant’, and in my opinion he was correct in this. It is for the courts, if the matter is brought before them, to decide what is a relevant consideration. If the decision maker wrongly takes the view that some consideration is not relevant, and therefore has no regard to it, his decision cannot stand and he must be required to think again. But it is entirely for the decision maker to attribute to the relevant considerations such weight as he thinks fit ….”
“1. The expressions used in the authorities that the decision maker has failed to take into account a matter which is relevant … or that he has failed to take into consideration matters which he ought to take into account … have the same meaning. 2. The decision-maker ought to take into account a matter which might cause him to reach a different conclusion to that which he would reach if he did not take it into account. Such a matter is relevant to his decision making process. By the verb ‘might’, I mean where there is a real possibility that he would reach a different conclusion if he did take that consideration into account. … 4. … [T]here is clearly a distinction between matters which a decision maker is obliged by statute to take into account and those where the obligation to take into account is to be implied from the nature of the decision and of the matter in question …. 5. If the validity of the decision is challenged on the ground that the decision maker failed to take into account a matter in the second category, it is for the judge to decide whether it was a matter which the decision maker should have taken into account. 6. If the judge concludes that the matter was ‘fundamental to the decision’, or that it is clear that there is a real possibility that the consideration of the matter would have made a difference to the decision, he is thus enabled to hold that the decision was not validly made. But if the judge is uncertain whether the matter would have had this effect or was of such importance in the decision-making process, then he does not have before him the material necessary for him to conclude that the decision was invalid. 7. … Even if the judge has concluded that he could hold that the decision is invalid, in exceptional circumstances he is entitled nevertheless, in the exercise of his discretion, not to grant any relief.”
“In my judgment a consideration is ‘material’, in this context, if it is relevant to the question whether the application should be granted or refused; that is to say if it is a factor which, when placed in the decision-maker’s scales, would tip the balance to some extent, one way or the other. In other words, it must be a factor which has some weight in the decision-making process, although plainly it may not be determinative. The test must, of course, be an objective one in the sense that the choice of material considerations must be a rational one, and the considerations chosen must be rationally related to land use issues.”