LBWF,

THE BATTLE FOR DRAPERS FIELD,

LEYTON, LONDON, E15 2DD

YOU DON'T KNOW WHAT YOU'VE GOT UNTIL IT'S GONE.

POXYNEWS.COM

LBWF CHRIS ROBBINS SAID

The local Guardian newspaper reported 27/07/10 on the council meeting concerning the future plans for Drapers Field.

Speaking at a council meeting last week, council leader Chris Robbins said: “The ODA have agreed to negotiate some considerable sums of money to compensate us for the loss of this amenity.

“We would be able, through the compensation package, to completely refurbish Draper's Field...we could turn it into a very special park.”

He added: “There would also have to be a stringent agreement about how they [the ODA] hand it back. I don't want them to hand it back in a complete mess that we then have to pay to sort out.”

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The following is proposed and recommended at the planning committee on 02/08/11.

item 4.1

Originally in the planning application it said:

The sum of £3.5 million has been allocated to Waltham Forest in order for them to deliver the renstatement scheme."

(THE ABOVE INFORMATION COMES FROM PAGE 5 SECTION 2.3 OF THE ODA PLANNING APPLICATION THE POST GAMES LEGACY OF DRAPERS FIELD)

WHILE THIS IS EXCELLENT NEWS IT SHOULD BE NOTED THAT THERE ARE TWO AND A HALF PITCHES AT DRAPERS FIELD SO WE MAY STILL LOSE A FULL SIZE GRASS PITCH

LET'S HOPE THE MATHS ADDS UP FOR THIS UNLIKE THE COUNCILS PLANS FOR LLOYDS PARK WHERE THEY ARE £745,000 SHORT. READ THE LOCAL GUARDIAN STORY ABOUT THIS HERE.

IS DAVID ICKE RIGHT WHEN HE SAYS THE PEOPLE ARE LIKE SHEEP, THEY JUST ACCEPT WHAT THEY ARE TOLD.??????

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The council recently wrote to me in reply to my freedom of information request that the section 106 agreement and lease document would not be available before the planning committee meeting on 02/08/11 because they were in draft form.

The letter makes it clear that the section 106 agreement and lease document have not been completed to date.

“The general terms of these agreements will be reported to the Council's planning subcommittee on 2nd August. If the sub-committee resolves to grant permission, then this is likely to be subject to completion of the two agreements. Once they are completed, they will be publicly available documents.”

UPDATE DISCUSSIONS HAVE MOVED ON SINCE

A previous section 106 agreement by this council was found to be unenforceable. www.localgovernmentlawyer.co.uk says The Enforcers Tuesday, 12 January 2010 In the current climate, developers and landowners may be looking to renegotiate – or even get out of – their s.106 obligations. Caroline Bywater explains why correct drafting is key to enforceability. More recently still, this summer Waltham Forest narrowly avoided being unable to enforce a section 106 agreement which did not properly identify the land. It was only the fact that the landowner had not taken the point earlier and had repeatedly undertaken to perform the obligation which saved the agreement at the High Court (Mayor and Burgess of Waltham Forest London Borough Council v (1) Oakmesh Ltd (2) Family Mosaic Housing [2009] EWHC 1688 (Ch)).

LBWF Corporate Audit & Anti-Fraud Team INVESTIGATION REPORT 10th July 2008 Said section 1.3 Key Messages

The failure to draft an appropriately robust contract with EduAction in advance of the performance of the contract and thereby to protect the Council’s position, including:

The failure to include adequate performance requirements.

The inclusion of terms detrimental to the Council’s position without adequate
explanation (see clause 40.2).

The failures above did not adequately protect the Council’s legal and financial position as
the accountable body for the NRF monies.

Click on the link below to read the Waltham Forest Guardian story about the fraud report.

http://www.guardian-series.co.uk/your_local_areas/8323446.WALTHAM_FOREST__Secret_fraud_report_released/

Click on the link below for the fraud report.

http://www1.walthamforest.gov.uk/ModernGov/Published/C00000287/M00001812/AI00009753/$14AppendixAfinaldraftreportinternal150708.DOCA.ps.pdf

I spoke to Arup on (6/7/11) at (09:27am) and they told me that the LBWF told Arup exactly how they wanted the section 106 agreement drafted for Drapers Field. Bearing in mind Chris Robbins comment that a stringent agreement should be in place.

The LBWF council could have let the ODA reinstate Drapers Field completely but the council has said," We consider ourselves as landowners best-placed to manage and deliver a suitable scheme on Drapers Field after the 2012 Games. It is for this reason that the site is not being reinstated by ODA."

Bear in mind the councillors comments on the home page of this site where he says Drapers Field is a random rundown field. The only people responsible for running it down are the council who have stated they are the landowners.

Originally the council did not have a return to use date for the field but since peoples objections have gone in to the planning application for ODA use they have now announced a return to use date of September 2013. The end date is very important otherwise we could end up with another Walthamstow Arcade site. Click below to see full details.

www.bbc.co.uk/london/content/articles/2006/11/25/arcade_feature.shtml

Drapers Field post Games provision
As a minimum, the facilities that Sport England intends to secure on Drapers Field, post Games, are reinstatement of a new full-sized, floodlit, fenced 3G artificial grass pitch; reinstatement of a new quality natural turf playing field, including a new junior football pitch; refurbishment of the existing changing pavilion (which is to remain during VOSA use) and the reinstatement of fencing around the Drapers Field site to safeguard its sports facilities.
The provision of sports facilities at other sites in the south of the borough will be outlined in the section 111 document.
In a parallel exercise to the work of the Open Space Strategy Steering Group, Sport England has continued discussions with the Council and the ODA over the contents of the S106 and S111 draft legal agreements. We welcome the progress that is being made in discussions towards finalising these important documents. While we are optimistic that satisfactory final drafts can be agreed between the interested parties to the satisfaction of Sport England, until the S106 and S111 are agreed and signed, Sport England cannot be certain that the proposals will comply with its playing field planning policy requirements.
We consider that the S106 and S111 agreements are capable of providing sufficient assurances for sporting interests – for meeting the needs of displaced users and the reinstatement or re-provision of playing pitches and sports facilities at Drapers Field (post Games) and elsewhere in the south of the borough – that proposals for the temporary use of Drapers Field for the VOSA may be regarded as capable of meeting the requirements of exception E4 of Sport England’s playing fields policy.
In the light of this, Sport England does not object to this planning application subject to the S106 and S111 final agreements being drafted to its approval and signed by the respective parties before planning permission is granted.
However, if the Council is minded to grant planning permission before the S106 and S111 agreements have been approved by Sport England and signed by the respective parties, then this response letter should be treated as a formal objection by Sport England to the planning application.

The planning committee agenda 02/08/11 item 4.1 section 4.10.

4.10 In December 2012 the site is proposed to be returned to the Council for
reinstatement and improvement works. The details of these works will
be set out in a s106 agreement, to which the Olympic Delivery
Authority and the Council will be parties. The agreement would provide
a contribution (to the sum of £2,000,000) to secure works, which will
generally comprise the following, as a minimum:
1. The re-provision of a full size, floodlit and fenced Artificial
Grass Pitch
2. The installation of a new junior natural turf pitch including
drainage and pitch improvement works
3. Improvement works to the changing pavilion
- with the timetable for these works anticipating their substantial
completion by no later than 30th September 2013. Works to be carried
out with the agreement of, and to the standards required by, Sport
England
4.11 In addition to a proposed s106 agreement relating to Drapers Field, it is
proposed that there will be a parallel agreement under s111 (of the
Page 9
(Item 4.1)
Local Government Act 1972 and s2 of the Local Government Act 2000)
agreement relating to the off-site mitigating works, which would be
funded by the applicant (by a sum of £3,465,000) and undertaken by
the Council elsewhere in the Borough, is also proposed. Those
mitigating works will generally comprise, as a minimum:
1. At Marsh Lane: the erection of a new sports pavilion, with
ancillary facilities, the reinstatement of football pitches
(including any necessary drainage and seeding work) and
construction of a full sized basketball court, with
associated improvements in access to the site
2. At Abbotts Park: the refurbishment of the existing pavilion
and improvements to the tennis courts.
3. At Church Lane (Leytonstone): the construction of a new
multi-use games area (MUGA).
- with the timetable for these works anticipating their substantial
completion in advance of the start of the 2012 Olympic Games (July
2012) (with the exception of the Marsh Lane pitches, where completion
is anticipated to be no later than 30th September 2013). Works to be
carried out with the agreement of, and to the standards required by,
Sport England. Specific details of works involving the MUGA at
Abbotts Park remain to be agreed with Sport England.
4.12 Section 111 of the Local Government Act 1972 enables a local
authority to do "any thing (whether or not involving the expenditure,
borrowing or lending of money or the acquisition or disposal of any
property or rights) which is calculated to facilitate, or is conducive or
incidental to, the discharge of any of their functions"
4.13 Section 2 of the Local Government Act 2000 enables a local authority
to "do anything which they consider is likely to achieve any one or
more of the following objects-
(a) the promotion or improvement of the economic well-being of
their area;
(b) the promotion or improvement of the social well-being of their
area, and
(c) the promotion or improvement of the environmental well-being of
their area.’’
4.14 The funding for these off-site works is to be secured under s111 and s2
because these powers have a wider scope and are thus viewed as a
more appropriate vehicle (than s106) for securing the funding,
especially in the light of recent regulations imposing new restrictions on
the scope of section 106 obligations. The Draper Field works listed
above relate to site specific works and associated contributions and
thus a section 106 agreement remains the most appropriate instrument
though which these works should be achieved
4.15 This agreement is material to the application as it would facilitate a
commitment on both sides to ensure that the offsite works are carried
Page 10
(Item 4.1)
out and because the works mitigate the overall impact of the
development generally
4.16 The applicant notes that the development is required due to design
developments on the Olympic Park following the initial plans, which
have necessitated the use of this site for the VOSA. The Olympic site
does incorporate capacity for a number of ‘back of house’ (BOH)
functions, including athlete greeting areas and dining facilities, but
inadequate space is now available to otherwise provide a VOSA within
the Park. The supporting information notes that the need to provide a
space of sufficient size and the flexibility to meet the unpredictable
‘what of’ scenarios that may arise was required. And such a space did
not exist within the Park itself.

______________________________

11 RECOMMENDATION
SUBJECT TO THE APPLICANT ENTERING INTO s106 and s111
LEGAL AGREEMENTS WITH THE COUNCIL TO ENSURE THE
FOLLOWING:
11.1 At Drapers Field (embodied within a section 106 (of the Town &
Country Planning Act 1990) agreement), a contribution (to the sum of
Page 23
(Item 4.1)
£2,000,000) securing the restorative works, which, at a minimum,
would comprise:
1. The re-provision of a full size, floodlit and fenced Artificial
Grass Pitch
2. The installation of a new junior natural turf pitch including
drainage and pitch improvement works
3. Improvement works to the changing pavilion
- with the timetable for these works anticipating their substantial
completion by no later than 30th September 2013. Works to be carried
out with the agreement of, and to the standards required by, Sport
England.
11.2 Outside the application site an agreement under section 111 of the
Local Government Act 1972 and section 2 of the Local Government Act
2000 agreement, securing the sum of £3,465,000, necessary to ensure
delivery of the mitigating works which would, as a minimum, comprise:
1. At Marsh Lane: the erection of a new sports pavilion, with
ancillary facilities, the reinstatement of football pitches
(including any necessary drainage and seeding work) and
construction of a full sized basketball court, with associated
improvements in access to the site
2. At Abbotts Park: the refurbishment of the existing pavilion
and improvements to the tennis courts.
3. At Church Lane (Leytonstone): the construction of a new
multi-use games area (MUGA).
- with the timetable for these works anticipated to achieve
substantial completion in advance of the start of the 2012 Olympic
Games (with the exception of the Marsh Lane pitches, where
completion is anticipated to be no later than 30th September 2013).
Works to be carried out with the agreement of - and to the standards
required by - Sport England. Specific details of works involving the
MUGA at Abbotts Park remain to be agreed with Sport England.
The Planning Committee is requested to resolve that planning
permission be granted subject to the following conditions:
11.3 Conditions (summarised)
1. Development to occur only during the period referred to in the
description of development, with all associated materials, plant,
vehicles and structures associated with the approved development
installed on or after the 1st September 2011 and thereafter removed
from the site no later than the 31st December 2012.
2. Carried out in accordance with plans (listed)
3. Demolition & Construction Method Statement, prior to
commencement including confirmation that wheel washing facilities
for vehicles leaving the site during construction works shall be
Page 24
(Item 4.1)
installed on site in accordance with ODA Code of Construction
Practice (2007)
4. UXO / contaminated land site investigation, prior to commencement
5. During the course of the construction and carrying out of the
development approved, access shall be provided to Council officers
and their agents to ensure that any unforeseen contamination or
hazardous problems are recognised and any such contamination or
hazard shall be treated by remedial action specified by the Council
or their agent or as agreed in writing
6. The developer shall provide certification on completion of
remediation works from the specialist contractor that the works were
completed wholly in accordance with the agreed details.
7. Any fill material bought onto the site will be inert and not
contaminated or prejudicial to the restored outdoor sports use of the
site.
8. Prior to the commencement of the development a written
agreement with Thames Water indicating their acceptance of
additional discharge into their sewer shall be submitted to and
approved in writing by the Local Planning Authority. In the event
that Thames Water refuses to accept the additional surface water or
place a restriction on the discharge rate, a revised drainage strategy
shall be submitted and approved in writing by the Local Planning
Authority and thereafter provided in full prior to the commencement
of the use hereby approved.
9. Parking to be provided prior to the commencement of use
10. Arboricultural method statement (retained trees)
11. Proposed replacement tree planting (details (including a minimum
of 4 replacement trees) approved prior to expiry of temporary use
period hereby approved and planted in next planting season)
12. No loading or unloading of shipping containers / skips / other
equivalent storage vessels to or from the site, beyond the position
of the southern elevation of the main warehouse building outside
the hours of 8am and 6pm, Monday to Friday, 8am to 5pm
Saturdays and at no time on Sundays or bank holidays
13. Noise from plant not exceeding LA90, 1m external to nearest noise
sensitive premises
14. Provision of acoustic barrier (northern site boundary)
15. Access to all site buildings shall be provided in full accordance with
the Olympic Park Inclusive Design Strategy, unless otherwise
agreed in writing by the Local Planning Authority prior to the
commencement of the use hereby approved.
16. The flood lighting of the site associated with the approved
temporary use shall be installed so that the main beams are
directed downwards with the beam angles below 70 degrees the
vertical, and shall not lead to light spill levels above those levels as
Page 25
(Item 4.1)
set out in the approved drawings. The design and construction of
the lights shall be in accordance with The Institution of Lighting
Engineers (ILE) Guidance Notes 2005.
17. Archaeological watching brief

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LBWF,

THE BATTLE FOR DRAPERS FIELD,

LEYTON, LONDON, E15 2DD

LBWF CHRIS ROBBINS SAID

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