80 Charlotte Street & 65 Whitfield Street, Fitzrovia (the Saatchi block)

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1 representation hearing report PDU/2646/03 19 September Charlotte Street & 65 Whitfield Street, Fitzrovia (the Saatchi block) in the London Borough of Camden planning application no. 2010/6873/P and conservation area consent no. 2010/6879/C Planning application and conservation area consent Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008 ( the Order ). The proposal 1) Full application for redevelopment to provide 35,567 sq.m. of office floorspace, 4,487 sq.m. of flexible commercial floorspace, and 55 residential units (in addition to two off-site affordable housing units), together with publicly accessible open space provision, parking and access. The scheme includes both retention of existing buildings and elements of new build. 2) Conservation area consent for the demolition of 8-11 North Court, 14 Charlotte Mews, substantial demolition of Whitfield Street (facade retention), and partial demolition of Whitfield Street. The applicant The applicant is West London and Suburban Property Investments Ltd, and the architect is MAKE Architects. Recommendation summary The Mayor, acting as local planning authority, I. grants conditional planning permission, and conservation area consent, in respect of 2010/6873/P and 2010/6879/C, for the reasons set out in the reasons for approval section below, subject to the prior completion of a section 106 agreement. II. delegates authority to the Assistant Director of Planning to issue the planning permissions and agree, add, delete or vary, the final detailed wording of the conditions and any additional informatives as required, and authority to negotiate, agree the final wording, and sign and execute, the section 106 legal agreement. III. delegates authority to the Assistant Director to refuse planning permission and conservation area consent, if by 19 March 2012, the legal agreement has not been completed. IV. agrees that approval of details pursuant to conditions imposed on the planning permission and conservation area consent be submitted to, and determined by, Camden Council. page 1

2 V. agrees that Camden Council be responsible for the enforcement of the conditions attached to the respective permissions. VI. confirms that his reasons for granting planning permission and conservation area consent are as set out in the reasons for approval section, as required by Article 22(1) of the Town and Country Planning (General Development Procedure) Order 1995 (as amended). Drawing numbers and documents Existing plans P1201; P1202; P1203; P1204; P1205; P1206; 1207; P1208; P1303; P1304; P1305; P1306; P1307; P1308; P1309 application plans P0000; P0001; P0002; P0003; P1000; P1099; P1100; P1101; P1102 P1103; P1104; P1105; P1200; P1201; P1202; P1203; P1204 P1205; P1206; P1207; P1208; P1300; P1301; P1302; P1303; P1304; P1305; P1306; P1307; P1308; P1309; P2099-Rev01; P2100-Rev01; P2101-Rev01; P2102-Rev01; P2103-Rev01; P2104-Rev01; P2105-Rev01; P2106-Rev01; P2107-Rev01; P2108-Rev01; P2109-Rev01; P2200-Rev01; P2201-Rev01; P2202-Rev01; P2203-Rev01; P2204-Rev01; P2205-Rev01; P2206-Rev01; P2207-Rev01; P2300-Rev01; P2301-Rev01; P2302-Rev01; P2303-Rev01; P2304-Rev01; P2305-Rev01; P2400-Rev01; P2401-Rev01; P2402-Rev01; P2403-Rev01; P2404-Rev01; P2405-Rev01; P2406-Rev01; P2407-Rev01; P2408-Rev01; and P2409. conservation area consent (as shown on drawing numbers) P0001; P1000; P1099; P1100; P1101; P1102; 1103; 1104; 1105; P1200; P1300; P1301; P1302 submitted documents Flood Risk Statement (December 2010); Energy Statement (December 2010); Arboricultural Report 10292/A1 (December 2010); Ecological Appraisal (December 2010); Sustainability Statement Issue 3 (December 2010); Air Quality Assessment Issue 1 (December 2010); Contamination Risk Assessment issue 5 (December 2010); Construction Method Statement by Buro 4; Noise, Vibration and External Fabric Assessment (6 December 2010); Daylight and sunlight report (20 October 2010); Historic Environment Assessment, Buried Heritage Assets (December 2010); Retail Assessment (December 2010); Facade retention and Basement Proposal (December 2010) Design and Access Statement (December 2010); Planning Statement (December 2010); Statement of Community Involvement (December 2010); Townscape, Heritage and Visual Assessment (December 2010); and Transport Statement (December 2010). Design and Access Statement Addendum (March 2011), comprising Design and Access Statement (March 2011); Statement of Community Involvement (March 2011); Townscape, Heritage and Visual Assessment (March 2011) and Daylight & Sunlight (March 2011). Reasons for approval 1 The Mayor, acting as the local planning authority, has considered the particular circumstance of these applications against national, regional and local planning policy, relevant supplementary planning guidance and any material planning considerations. He has also had regard to the Camden Council Development Control Committee report of 19 May 2011 and the draft reasons for refusal subsequently issued. He has found this application acceptable in planning policy terms for the following reasons: The application proposes an acceptable quantum and mix of uses on a constrained site within the Central Activities Zone. This application helps facilitate London s attractiveness as an international business location. The scheme accords with London Plan policies 2.10, 2.11, 4.2, and 4.3. At the local level, the scheme accords with policies CS3, CS8 and CS6 of the Council s Core Strategy, and policy DP1 of the Council s Development Policies. page 2

3 The application proposes a significant quantum of much needed new affordable housing that will help to achieve Camden Council s annual affordable housing targets, and the Mayor s Londonwide annual housing targets. The scheme accords with London Plan policies 3.12 and At the local level, the scheme accords with policy CS6 of the Council s Core Strategy, and policy DP3 of the Council s Development Policies. This application will increase trip generation both to this site and within the Central Activities Zone as a whole. To mitigate any transport capacity impacts an appropriate financial contribution has been secured to assist in the delivery of Crossrail. This contribution has been secured in line with London Plan policies 6.5 and 8.2, and the London Plan Supplementary Planning Guidance: Use of planning obligations in the funding of Crossrail. At the local level, the scheme accords with policy CS5 of the Council s Core Strategy, and policy DP16 of the Council s Development Policies. The buildings achieve a high quality design that complements the existing buildings in the area. The buildings preserve the existing character, and do not adversely impact on the setting, of the Charlotte Street Conservation Area. The scheme accords with London Plan policies 7.1, 7.2, 7.3, 7.4, 7.5, 7.6 and 7.8. At the local level, the scheme accords with policy CS14 of the Council s Core Strategy, and policies DP24 and DP25 of the Council s Development Policies. The proposed buildings will not impact on the viewing corridor of the London Panorama from Parliament Hill to the Palace of Westminster (assessment points 2A.2 and 2B.1), designated a strategic view, and defined within the London View Management Framework and its draft replacement. The scheme accords with London Plan policy 7.12, and policy DP24 of the Council s Development Policies. The application includes a publicly accessible area of open space that would benefit existing and proposed residents, workers and visitors, in an area identified as deficient in public open space. The scheme accords with London Plan policies 5.10, 7.1, 7.5, 7.6, 7.18 and At the local level, the scheme accords with policy CS15 of the Council s Core Strategy, and policy DP31 of the Council s Development Policies. The application does not cause unacceptable harm to the adjacent properties in terms of visual privacy and overlooking; overshadowing and outlook; sunlight, daylight and artificial light levels; noise and vibration levels; odour, fumes and dust; and microclimate. The scheme accords with London Plan policy 7.1, 7.4, 7.6 and 7.15, and policy DP26 of the Council s Development Policies. The quality of the proposed residential units is acceptable and is in line with London Plan policy 3.5, the London Plan draft interim Housing Supplementary Planning Guidance, and policy DP26 of the Council s Development Policies. The application includes adequate provision for on-site play and recreation that will meet the needs of the expected child population. The scheme accords with London Plan policy 3.6, London Plan Supplementary Planning Guidance Providing for children and young people s play and informal recreation, and policy DP26 of the Council s Development Policies. The application proposes fully accessible buildings, with 100% Lifetime Homes, 10% wheelchair accessible homes, and Blue Badge car parking for the commercial and office element. The inclusive design and access arrangements for this application accord with page 3

4 London Plan policies 3.8 and 7.2. At the local level, the scheme accords with policy DP6 of the Council s Development Policies. The energy and sustainability strategies for this application have been prepared in line with the Mayor s energy hierarchy, and London Plan policies 5.2, 5.3, 5.6, 5.7, 5.9, 5.10, 5.11, 5.13, 5.14, 5.15 and At the local level, the scheme accords with policy CS13 of the Council s Core Strategy, and policy DP22 of the Council s Development Policies. Appropriate financial contributions have been secured, through a section 106 agreement, towards the provision of education and community facilities, in line with London Plan policy 3.16, policy CS10 of the Council s Core Strategy, policy DP15 of the Council s Development Policies, and Camden s Planning Guidance, which all seek to secure contributions towards social infrastructure required to facilitate the proposed development, and acceptably mitigate any impacts. A local employment and procurement strategy has been secured, through a section 106 agreement, to support the recruitment of local residents to jobs created during the construction of the development, including five construction industry apprenticeships, and the use of local businesses in the supply of goods and services during construction. This will benefit existing residents within the borough. The scheme accords with London Plan policy 4.12, and policy CS8 of the Council s Core Strategy. To adequately address the impact of the development on transport capacity, a business and residential travel plan, a servicing and delivery management plan, and a construction management plan have been secured, through a section 106 agreement. The scheme accords with London Plan policy 6.3, and policy DP20 of the Council s Development Policies. To prevent excessive parking provision, and to promote cycling, walking and public transport use, the residential element of the proposal is car free, and the commercial and office element has two car parking spaces, both of which are restricted for sole use by Blue Badge holders. This scheme accords with London Plan policy At the local level, the scheme accords policy CS11 of the Council s Core Strategy, and DP18 of the Council s Development Policies. To promote cycling, the application includes 226 cycle parking spaces, which are secured through a section 106 agreement. This accords with London Plan policy 6.9, and policy DP18 of the Council s Development Policies. To deliver improvements to the pedestrian environment and pedestrian wayfinding, and to mitigate any impacts of the development on the quality of the existing pedestrian environment, a financial contribution has been secured towards pedestrian and streetscape improvements, to include the provision of Legible London map posts, and a financial contribution towards local highway improvements. Both of these contributions are secured through a section 106 agreement and accord with London Plan policy 6.10, and policy DP17 of the Council s Development Policies. There are no, or insufficient, grounds to withhold planning consent on the basis of the policies considered and other material planning considerations. page 4

5 Recommendation 2 That the Mayor, acting as local planning authority, grant planning permission and conservation area consent in respect of application 2010/6873/P and 2010/6879/C, subject to the following legal agreement and conditions. 3 Planning application permission 2010/6873/P Legal agreement 4 The prior completion of a legal agreement to secure the following planning obligations: The provision of 57 residential units (41 private, eleven social rent and five intermediate). The provision of the following residential mix: Housing schedule On site Private units 41 Off site Intermediate units 4 1 Social rent units 10 1 Total 57 Table 1: Agreed residential mix. Provision of eleven social rent units regardless of the availability of grant. The applicant is obliged to deliver social rented housing, and can only deliver an alternative affordable housing product (for example affordable rent), if it can demonstrate that social rented housing is no longer a deliverable product. In such instances, the agreed mix and amount of affordable housing must remain constant. The affordable units to be completed and transferred to a registered social landlord prior to the occupation of any part of the development, including the provision of the off-site units. Payment of the full Crossrail contribution ( 1,628,135). This is to be paid in full, on commencement of development. As detailed in the Mayor s Supplementary Planning Guidance Use of planning obligations in the funding of Crossrail, should development commence prior to 31 March 2013, the applicant would qualify under the initial reduction agreement, and would pay 80% of this figure. The provision of 10% wheelchair accessible housing, and the provision of 100% Lifetime Homes. The full implementation of the agreed energy strategy and sustainability strategy. Car parking to be restricted to two parking spaces for the commercial, both of which are for the sole use of Blue Badge holders. The housing element is to be car-free. In addition, future residents will be restricted from eligibility for parking permits, with the exception of Blue Badge holders. The provision of 226 cycle parking spaces, to be secure and covered. page 5

6 The submission and adoption of full residential and business travel plans, including incentives. The submission and approval of a construction management plan, and a delivery and servicing plan. A financial contribution towards pedestrian signage and street improvements, to include a payment towards Legible London - 130,000. A financial contribution towards highway works - 20,425. A financial contribution towards education - 112,783. A financial contribution towards the provision of community facilities - 110,000. The submission and approval of a local employment and procurement strategy, as detailed in the Council s committee report. Provision of the area of publicly accessible open space on Chitty Street, in accordance with the agreed management and operation strategy. For the avoidance of doubt, the space is expected to be open from dawn till dusk, every day, including weekends and holidays, and is not to be closed for private functions. The park is to be managed, and maintained by the applicant, at the cost of the applicant, and is to be delivered prior to the occupation of the office floorspace. 5 That the Assistant Director Planning, is delegated authority to negotiate, sign and execute the legal agreement indicated above, the principles of which have been agreed with the applicant, and which includes the heads of terms as detailed in the Council s committee report. Conditions 6 That the Assistant Director for Planning be delegated the authority to issue the planning permission and conservation area consent and agree, add, delete or vary, the final wording of the conditions (and informatives) to secure the following matters: A three-year time limit to begin the works hereby permitted. A requirement to implement the permission in accordance with the approved plans, drawings and documents. This is to include the agreed amendment to the corner element of the proposed roof extension on Whitfield Street. A requirement to submit for approval full details of the proposed publicly accessible open space, including hard and soft landscaping proposals, and means of enclosure. A restriction on the two proposed car parking spaces relating to the office use to be used for the parking of the vehicles of disabled Blue Badge holders only. A requirement that no part of the office floorspace be occupied until the residential units have been completed and are available for occupation, including the two off-site units. A requirement to submit for approval full details of the proposed cycle storage areas for 226 cycles, including showering and changing facilities. A requirement to submit for approval the programme for ground investigation for the presence of soil and groundwater contamination and landfill gas, including a requirement for the implementation of any identified mitigation measures. page 6

7 A requirement to submit for approval details of the extract ventilating system and air conditioning plant, including details of acoustic isolation and sound attenuation. Restrictions on the operation of the A3 uses to 0700hrs to 0000hrs. Parking restrictions within the service bay. A requirement to submit for approval full details on noise outputs. A requirement to submit for approval full details of the green and brown roofs. A requirement to submit for approval full design details of the shopfronts, including sections, elevations and materials. A requirement to submit for approval full details of the facing materials of the buildings. A requirement to submit for approval sections and elevations of all roof canopies and brise soleils. A requirement to submit for approval the position, size and means of enclosing all new lightwells. The submission and approval of a sample panel of the facing brickwork demonstrating the proposed colour, texture, face-bond and pointing. A requirement to submit for approval details of the location of bird boxes, including details on the species to be accommodated. A requirement to submit for approval details of the design and layout of the roof terraces, including details of any privacy screening, serving the residential units. A requirement to submit for approval a scheme for the ventilation of, and the extraction of fumes from, the premises to an adequate outlet level, including details of sound attenuation. Restrictions to access of the terraces serving the office element to 0700hrs to 2100hrs. A requirement for the development to be implemented in accordance with the recommendations of the arboricultural report. 7 The detailed wording of the above conditions are set out in the draft decision notice appended to this report. Informatives It should be noted that there is a separate legal agreement which relates to the development for which this permission is granted. The proposal may be subject to control under the Building Regulations and/or the London Building Acts, which cover aspects including fire and emergency escape, access and facilities for people with disabilities, and sound insulation between dwellings. The applicant is advised to consult the Council s building control service in this regard. page 7

8 If a revision to the postal address becomes necessary as a result of this development, application under Part 2 of the London Building Acts (Amendment) 1939 will be required to the Council s records and information team. Noise from demolition and construction works is subject to control under the Control of Pollution Act The applicant must carry out any building works that can be heard at the boundary of the site only between and hours Monday to Friday and to on Saturday and not at all on Sundays and public holidays. The correct street number or number and name must be displayed permanently on the premises in accordance with regulations made under Section 12 of the London Building (Amendments) Act If implemented, the alternative use permission hereby granted gives flexibility of use for ten years from the date of this permission. After ten years the lawful use would revert to whichever of the uses is taking place at the time. 8 The Assistant Director for Planning be delegated the authority to add, delete, or vary informatives as required. 9 Conservation area consent /6879/C Conditions Three-year time limit to begin the works hereby permitted. Development not to be undertaken before a contract for the carrying out of the works of redevelopment of the site has been made and full planning permission has been granted for the redevelopment for which the contract provides. 10 That the Mayor agrees that approval of details pursuant to conditions imposed on the planning permission and conservation area consent be submitted to and determined by Camden Council. 11 That the Mayor agrees that Camden Council be responsible for the enforcement of the conditions attached to the respective permissions. 12 That the Mayor confirms that his reasons for granting planning permission and conservation area consent are as set out in this report in the reasons for approval section, as required by Article 22(1) of the Town and Country Planning (General Development Procedure) Order 1995 (as amended). Site description 13 The 0.75 hectare site comprises an urban block bounded by Charlotte Street to the southwest, Howland Street to the north-west, Whitfield Street to the east, and Chitty Street to the south. In addition, there is a standalone block within the application boundary located on Chitty Street and Whitfield Street. The site comprises eight buildings. 14 A portion of the site falls within the Charlotte Street Conservation Area, with three sets of buildings, Whitfield Street, Whitfield Street and 8-11 North Court, identified as positive contributors to this conservation area. In addition, part of the site is located within the viewing corridor of the Parliament Hill to the Palace of Westminster Panorama as defined within the London View Management Framework, and its draft replacement. The Council has identified the site as also being in the setting of the Bloomsbury (Fitzroy Square) Conservation Area. page 8

9 15 The main development site currently includes 24,684 sq.m. of B1 office floorspace and the annex section comprises 2,592 sq.m. of B1 office floorspace. 16 The nearest part of the Transport for London Road Network is the A501 Euston Road, 300 metres to the north of the site. The nearest part of the Strategic Road Network is the A400 Hampstead Road, 400 metres to the north-east of the site. The site is within walking distance of five London Underground stations providing access to seven London Underground lines. Goodge Street station (Northern Line) is the closest station to the site, located 200 metres (three minutes walk) to the south-east. The site lies approximately 700 metres south-west of Euston mainline station, providing national rail services. Bus routes 14, 24, 27, 29, 30, 88, 134 and 205 stop at Goodge Street and Warren Street stations on Tottenham Court Road (200 metres and 400 metres from the site, respectively). The site lies within the area covered by the London Cycle Hire Scheme, and docking stations are located on Howland Street and Scala Street. The public transport accessibility level of the site is 6b (where one is low and six is high). 80 Charlotte Street Charlotte Street is the whole of the city block defined by Charlotte Street, Howland Street, Whitfield Street, and Chitty Street. The block is currently all in B1 office use, and is occupied by a single tenant, the Saatchi and Saatchi advertising agency. 18 The block can be broken down into several component buildings, which would previously have been occupied independently, but are now linked either internally or via a central courtyard Charlotte Street, 23 Howland Street and 80 Whitfield Street occupy the south-western and northwestern sides of the site. These are 1960s purpose built office buildings, up to eight-storeys in height, and designed by the same architect Whitfield Street and Whitfield Street are five-storey 1930s buildings, originally built as film laboratories, taking up most of the north-eastern frontage, and eastern corner of the site. These two buildings are within the Charlotte Street Conservation Area, and are defined as making a positive contribution to it Chitty Street is a four-storey building on the south-eastern side of the site. There are also several other buildings within the central courtyard, including 8-11 North Court, which historically formed part of a mews. The buildings within North Court are identified as positive contributors to the conservation area. However, the courtyard is neither accessible to the public, nor visible from the public realm. 19 There are two vehicular accesses to the site, an entrance on Howland Street and an exit on Chitty Street. Within the site s courtyard is the office s servicing area, as well as space for approximately eighty vehicles. 65 Whitfield Street Whitfield Street is a four-storey, plus basement, 1950s office building. Whilst the whole building is in B1 office use, only the ground floor is currently occupied. This part of the site also includes 14 Charlotte Mews, a three-storey Victorian building, and is within the Charlotte Street Conservation Area. Details of the proposal page 9

10 21 West London & Suburban Property Investments Ltd is seeking full planning permission, together with conservation area consent, for the redevelopment of the eight buildings currently within the application site. The proposals include the retention of most of the existing buildings on site, with roof top extensions added to increase the overall quantum of development. The application comprises the following: Central courtyard and basement: The existing buildings in this area (8-11 North Court) would be demolished to make way for a nine-storey structure that would serve as the central core of the proposed development, providing lifts, stairwells and servicing, unifying the proposed B1 office floorspace in each of the retained and proposed buildings. Four projecting atria would provide natural light and ventilation. Vehicular servicing for the offices would be displaced to a new servicing area at basement level, with ramped access from the existing vehicular crossover and doors on Howland Street. The second existing vehicular access to the site onto Chitty Street would be removed, along with the parking spaces formerly occupying the courtyard. Also at basement level would be two disabled parking spaces, cycle parking, A1/A3/B1 flexible floorspace associated with the ground floor units, and plant, including a relocated EDF electricity substation Charlotte Street, 23 Howland Street & 89 Whitfield Street: The structural concrete frame of these 1960s office buildings is retained. However, the existing facades and cladding would be removed and replaced. A two to three-storey roof extension is added to this element Whitfield Street: The facade of this building will be retained, but the remaining building will be demolished. Given that the new office floorspace will not align with the existing windows, a series of atria are proposed behind the retained facade. The facade will be topped with a new lattice brick parapet, together with a three-storey roof extension Whitfield Street: The building is retained and converted to A1 retail use at ground floor, with residential on the upper storeys, providing nineteen residential units. New build elements to this building comprise an extension to occupy the part of the site of the former Chitty Street, and two additional storeys Chitty Street: this building would be demolished in its entirety and replaced by an area of publicly accessible open space up to eleven metres deep and 23 metres in length. The open space would be backed by a brick framed facade, with brise soleil. 65 Whitfield Street: The existing building is retained and converted to residential use, apart from the ground and basement floors, which would be retained in B1 office use. Two additional storeys would be added, which will accord with the volume and massing of the extant permission granted on 28/10/2009 (LPA ref: 2009/2964/P). Thirty-six residential units would be created, ten of which would be social rent, and four intermediate. The ten social rented units would be accessed via a separate core off Chitty Street. The remaining units would be accessed off Whitfield Street. 14 Charlotte Mews: The existing mews building would be demolished and replaced by a fourstorey building. The roof of the building includes a roof terrace containing play equipment, accessible to the occupants of the social rented element. Case history page 10

11 Previous history 22 There are a number of previous planning permissions relating to 65 Whitfield Street. The permissions consented the addition of a two-storey roof extension, and allowed for a partial change of use from office (Class B1) to residential use (Class C3). 23 There is no relevant planning history relating to 80 Charlotte Street or 14 Charlotte Mews. Current proposal 24 On 17 February 2011 the Mayor of London received documents from Camden Council notifying him of a planning application of potential strategic importance to develop 80 Charlotte Street and 65 Whitfield Street (the Saatchi block) for commercial, office and residential uses. The application is referable to the Mayor under Category 1B of the Schedule to the Order 2008: Development which comprises or includes the erection of a building or buildings outside Central London and with a total floorspace of more than 15,000 square metres. 25 On 23 March 2011, the Mayor considered a consultation planning report (PDU ref: PDU/2646/01), and concluded that while the application was generally acceptable in strategic planning terms, the application did not comply with the London Plan, for the reasons detailed in paragraph 78 of that report relating to housing, design, climate change and transport. 26 The following amendments were made to the scheme prior to the Council s formal consideration of the proposals: The four projecting atria to the 80 Charlotte Street site were reduced in scale. The elevations to the floors above Whitfield Street were refined to have a symmetrical, chamfered appearance, matching that of the floors below. The scheme achieved level four (excellent) of BREEAM offices rather than level three (very good). Additional cycle parking, together with Josta two-tier cycle racks, which replaced the vertical stands originally proposed. The roof plant was consolidated and set back further from the building s edge. An intermediate residential unit was replaced by a private (market) unit. A change in use of 884 sq.m. of previously proposed flexible B1/A1/A3 use at the south-west corner of the site, to flexible B1/A1 use only. The loss of an on-site affordable housing unit, and the addition of two off-site affordable housing units, to be drawn down as part of a credit system established with the applicant at its Suffolk House site. The drawdown consisted of one intermediate, and one social rented unit. 27 On 19 May 2011, Camden Council resolved to refuse planning permission and conservation area consent. This was against the advice within its officer s planning report, which recommended approval. The following reasons for refusal were subsequently drafted and included in the Council s draft decision notice: I. The proposed development, on account of its height, bulk and mass resulting from the quantity of new floorspace proposed, would constitute overdevelopment which would page 11

12 fail to respect the characteristics of the local area and be harmful to the amenities of neighbouring occupiers and the local community, contrary to policy CS5 (managing the impact of growth and development) of the Council s Local Development Framework Core Strategy and policies DP24 (securing high quality design) and DP26 (managing the impact of development on occupiers and neighbours) of the Council s Local Development Framework Development Policies. II. The proposed development would fail to provide adequate open space to accommodate the increased demand, resulting in an unacceptable increase in pressure on existing open space, contrary to policy CS15 (protecting and improving our parks and encouraging biodiversity) of the Council s Local Development Framework Core Strategy and Policy DP31 (provision of, and improvements to, open space and outdoor sport and recreation facilities) of the Council s Local Development Framework Development Policies. III. The proposed development would fail to provide an appropriate amount and mix of affordable housing, in particular three and four-bedroom units, contrary to policy CS6 (providing quality homes) of the Council s Local Development Framework Core Strategy and policies DP3 (contributions to the supply of affordable housing) and DP5 (Homes of different sizes) of the Council s Local Development Framework Development Policies. IV. The proposed development, in the absence of a legal agreement securing the implementation of the energy strategy and sustainability measures, would fail to assist in the overall reduction in carbon emissions contrary to policy CS13 (tackling climate change) of the Council s Local Development Framework Core Strategy and policy DP22 (sustainable design and construction) of the Council s Local Development Framework Development Policies. V. The proposed development, in the absence of a legal agreement securing a contribution towards Crossrail, would fail to provide for necessary public transport infrastructure provision as required by policy 6A.4 of the London Plan Crossrail Alterations April 2010, and be contrary to policies CS5 (managing impact of growth) and CS11 (promoting sustainable and efficient travel) of the Council s Local Development Framework Core Strategy and policy DP16 (transport implications of development) of the Council s Local Development Framework Development Policies. VI. The proposed development, in the absence of a travel plan, would be likely to give rise to significantly increased car-borne trips contrary policy CS11 (sustainable travel) of the Council s Local Development Framework Core Strategy and policy DP16 (transport implications of development) of the Council s Local Development Framework Development Policies. VII. The proposed development, in the absence of a legal agreement for car-free housing, would be likely to contribute unacceptably to parking stress and congestion in the surrounding area contrary to policy CS11 (sustainable travel) of the Council s Local Development Framework Core Strategy and policy DP18 (parking standards) of the Council s Local Development Framework Development Policies. VIII. The proposed development, in the absence of a service management plan, would be likely to give rise to conflicts with other road users and pedestrians, especially at peak times contrary to policy DP20 (movement of goods and materials) of the Council s Local Development Framework Development Policies. page 12

13 IX. The proposed development, in the absence of a construction management plan, would be likely to give rise to conflicts with other road users, and be detrimental to the amenities of the area generally, contrary to policies DP20 (movement of goods and materials) and DP26 (impact on occupiers and neighbours) of the Council s Local Development Framework Development Policies. X. The proposed development, in the absence of a local labour and procurement agreement, would fail to contribute towards the economic renewal of the area contrary to policies CS5 (managing impact of growth) and CS8 (promoting a successful and inclusive economy) of the Council s Local Development Framework Core Strategy. XI. The proposed development, in the absence of a legal agreement securing necessary highway works, would fail to secure adequate provision for, and safety of, pedestrians and cyclists contrary to policy CS19 (delivering the Core Strategy) of the Council s Local Development Framework Core Strategy and policies DP17 (walking, cycling and public transport) and DP21 (development connecting to the highway network) of the Council s Local Development Framework Development Policies. XII. The proposed development, in the absence of a legal agreement securing necessary contributions towards pedestrian signage and way-finding improvements in the area, would fail to make sufficient provision in a sustainable manner for the increased trips generated by the development contrary to policies policy CS11 (sustainable travel) of the Council s Local Development Framework Core Strategy and policy DP17 (walking, cycling and public transport) of the Council s Local Development Framework Development Policies. XIII. The proposed development, in the absence of a legal agreement securing a contribution towards community facilities, would fail to provide for the needs of the future residents of the development contrary to policies CS5 (managing impact of growth) and CS10 (community facilities and services) of the Council s Local Development Framework Core Strategy. XIV. The proposed development, in the absence of a legal agreement securing educational contributions, would be likely to contribute to pressure and demand on the Borough's education provision contrary to policy CS10 (community facilities and services) of the Council s Local Development Framework Core Strategy. 28 In addition to the above reasons, following its review of the draft reasons for refusal, drafted by its officers, the Council s members requested that the following reason for refusal be added: XV. The proposed development, on account of the ratio of commercial floorspace to residential floorspace, would fail to make full use of Camden s capacity for housing or make best use of the borough s land, contrary to policy CS6 (providing quality homes) of the Council s Local Development Framework Core Strategy, and Policy DP1 (mixed use development) of the Council s Local Development Framework Development Policies. 29 On 16 June 2011 the Council advised the Mayor of its decision to refuse planning permission and conservation area consent. On 27 June 2011, the Mayor considered the referred application against the policy tests set out in the 2008 Mayor of London Order and, having regard to the details page 13

14 of the application, the matters set out in the committee report and the Council s draft decision notice, and the fact that the policy tests set out within Article 7 of the 2008 Order have been met in that the development has a significant impact on the implementation of the London Plan, has a significant effect on more than one borough, and there are sound planning reasons for the Mayor to intervene in this particular case, he issued a direction under that Article to act as the local planning authority for the purpose of determining the application, and any connected application (PDU ref: PDU/2646/02). 30 The Mayor carried out a site visit of the application site on 16 September This report and the Mayor of London s decision on this case will be made available on the GLA website Relevant policies and guidance 32 Since this application was formally considered by the Mayor on 27 June 2011, the Mayor s London Plan 2011 has been formally published on 22 July For the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the development plan in force for the area is Camden Council s Core Strategy and Development Policies (2010), and the London Plan (2011). 33 The Government s consultation draft of the National Planning Policy Framework is a material consideration. 34 In determining this application, the Mayor must have consideration to planning policy at the national, regional and local levels. The relevant issues and corresponding policies are as follows: 35 Land use principle National Planning Policy Statement 1: Delivering sustainable development Planning Policy Statement 4: Planning for Sustainable Economic Growth London Plan Policy London in its global, European and United Kingdom Context Policy Central Activities Zone strategic priorities Policy Central Activities Zone strategic functions Policy Central Activities Zone predominantly local activities Policy Developing London s economy Policy Offices Policy Mixed use development and offices Policy Retail and town centre development Policy Increasing housing supply Policy Optimising housing potential Camden Council s Core Strategy Policy CS1 Distribution of growth Policy CS3 Other highly accessible areas Policy CS5 Managing the impact of growth and development Policy CS7 - Promoting Camden s centres and shops Policy CS8 Promoting a successful and inclusive Camden economy Policy CS9 Achieving a successful Central London Policy CS10 Supporting community facilities and services Policy CS19 Delivering and monitoring the Core Strategy page 14

15 Camden Councils Development Policies Policy DP1 Mixed use development Policy DP12 Supporting strong centres and managing the impact of food, drink, entertainment and other town centre uses Policy DP13 Employment sites and premises Policy DP15 Community and leisure uses Camden Council guidance Camden s Revised Planning Guidance for Central London: Food, drink and entertainment, specialist, and retail uses (2007). Camden s Planning Guidance (2006 and 2011) 36 Housing National Planning Policy Statement 3: Housing London Plan Policy Increasing housing supply Policy Optimising housing potential Policy Quality and design of housing developments Policy Children and young people s play and informal recreation facilities Policy Housing choice Policy Mixed and balanced communities Policy Definition of affordable housing Policy Affordable housing targets Policy Negotiating affordable housing on individual private residential and mixed use schemes Policy Planning obligations London Plan guidance Supplementary Planning Guidance - Draft replacement London Plan Housing EiP draft (August 2010) Supplementary Planning Guidance - Interim Housing (April 2010) Supplementary Planning Guidance - Housing (November 2005) Supplementary Planning Guidance - Providing for children and young people s play and informal recreation (March 2008) Mayor s Interim Housing Design Guide (2010) Camden Council s Core Strategy Policy CS6 Providing quality homes Camden Council s Development Policies Policy DP2 Policy DP3 Policy DP5 Camden Council guidance Making full use of Camden s capacity for housing Contributions to the supply of affordable housing Homes of different sizes Camden s Planning Guidance (2006 and 2011) 37 Public open space London Plan page 15

16 Policy 7.5 Public realm Policy 7.18 Protecting local open space and addressing local deficiency Camden Council s Core Strategy Policy CS15 Protecting and improving our parks and open spaces and encouraging biodiversity Camden Council s Development Policies Policy DP31 Provision of, and improvements to, public open space and outdoor sport and recreation facilities Camden Council guidance Camden s Planning Guidance (2006 and 2011) 38 Design London Plan Policy 5.3 Policy 7.1 Policy 7.2 Policy 7.3 Policy 7.4 Policy 7.5 Policy Sustainable design and construction Building London s neighbourhoods and communities An inclusive environment Designing out crime Local character Public realm - Architecture Camden Council s Core Strategy Policy CS14 Promoting high quality places and conserving our heritage Policy CS17 Making Camden a safer place Camden Council s Development Policies Policy DP24 Securing high quality design Policy DP26 Managing the impact of development on occupiers and neighbours Policy DP27 Basements and lightwells Policy DP28 Noise and vibration Policy DP30 Shopfronts Camden Council guidance Camden s Planning Guidance (2006 and 2011) 39 Strategic and local views London Plan Policy 7.11 London View Management Framework Policy 7.12 Implementing the London View Management Framework London Plan guidance Supplementary Planning Guidance - London View Management Framework (July 2010) Supplementary Planning Guidance - draft London View Management Framework (July 2011) Camden Council s Core Strategy Policy CS14 Promoting high quality places and conserving our heritage page 16

17 Camden Council guidance Camden s Planning Guidance (2006 and 2011) 40 Heritage and conservation area impacts National policy Planning Policy Statement 5: Planning and the Historic Environment London Plan Policy 7.4 Local character Policy 7.8 Heritage assets and archaeology Policy 7.9 Heritage-led regeneration Camden Council s Core Strategy Policy CS14 Promoting high quality places and conserving our heritage Camden Council s Development Policies Policy DP25 Conserving Camden s heritage Camden Council guidance Charlotte Street Conservation Area appraisal and management strategy (2008). Bloomsbury Conservation Area appraisal and management strategy (2010). Camden s Planning Guidance (2006 and 2011) 41 Access and inclusive design London Plan Policy 3.8 Policy 7.2 London Plan guidance Housing choice An inclusive environment Supplementary Planning Guidance - Accessible London: Achieving an inclusive environment (April 2004) Best Practice Guidance Wheelchair accessible housing (September 2007) Camden Council s Development Policies Policy DP6 Lifetime homes and wheelchair homes Policy DP29 Improving access Camden Council guidance Camden s Planning Guidance (2006 and 2011) 42 Climate change and environmental impacts National policy Planning Policy Statement 1: Delivering sustainable development Planning Policy Statement 22: Renewable energy London Plan Policy 5.1 Policy 5.2 Climate change mitigation Minimising carbon dioxide emissions page 17

18 Policy 5.3 Sustainable design and construction Policy 5.4 Retrofitting Policy 5.5 Decentralised energy networks Policy 5.6 Decentralised energy development proposals Policy 5.7 Renewable energy Policy 5.9 Overheating and cooling Policy 5.10 Urban greening Policy 5.11 Green roofs and development site environs Policy 5.13 Sustainable drainage Policy 5.14 Water quality and wastewater infrastructure Policy 5.15 Water use and supplies Policy 5.17 Waste capacity London Plan guidance Supplementary Planning Guidance Sustainable design and construction (May 2006) Camden Council s Core Strategy Policy CS13 Tackling climate change through providing higher environmental standards Policy CS18 Dealing with waste and encouraging recycling Camden Council s Development Policies Policy DP22 - Promoting sustainable design and construction Policy DP23 Water Policy DP32 Air quality and Camden s Clear Zone Camden Council guidance Camden s Planning Guidance (2006 and 2011) 43 Transport National policy Planning Policy Guidance 13: Transport London Plan Policy 6.1 Strategic approach Policy 6.3 Assessing effects of development on transport capacity Policy 6.5 Funding Crossrail and other strategically important transport infrastructure Policy 6.7 Better streets and surface transport Policy 6.9 Cycling Policy 6.10 Walking Policy Parking Policy Planning obligations London Plan guidance Supplementary Planning Guidance Crossrail (July 2010) Camden Council s Core Strategy Policy CS11 Promoting sustainable and efficient travel Camden Council s Development Policies Policy DP16 The transport implications of development Policy DP17 Walking, cycling and public transport page 18

19 Policy DP18 Parking standards and the availability of parking Policy DP19 Managing the impact of parking Policy DP20 Movement of goods and materials Policy DP21 Development connecting to the highway network Camden Council guidance Camden s Planning Guidance (2006 and 2011) Responses to consultation 44 In assessing this planning application and conservation area consent, Camden Council has carried out a consultation process, consulting all statutory bodies, and the local public. Statutory consultees 45 Greater London Authority (including Transport for London) consultation report (stage one) Central Activities Zone: The proposal for an office, housing and retail development within the CAZ complies with London Plan policies 3B.2, 3B.3, 4B.1, 5G.3, 5G.4 and draft replacement Plan policies 2.11, 4.2, and 7.6. Housing: It is not yet possible to determine whether the applicant is providing the maximum reasonable amount of affordable housing. As part of this discussion, further consideration needs to be given regarding grant availability, and the recent changes to the definitions and funding of affordable housing, and the potential impacts on the quantum of affordable housing currently proposed. Furthermore, the final level of affordable housing needs to be balanced against the priority for a Crossrail contribution. In addition, the proposal does not include sufficient family affordable accommodation. Consequently, the proposals do not comply with London Plan policies 3A.10 and 3A.5, and draft replacement London Plan policies 3.13 and Children s play space: The proposal includes the provision of adequate play and amenity space, and identifies existing facilities in close proximity of the site for additional play opportunities. Therefore, the application complies with London Plan Policy 3D.13 in providing sufficient play provision as part of the development. Design: Whilst the proposal is broadly acceptable, further design amendments are required to the corner of Whitfield Street, as well as further landscaping details regarding the park, to ensure the application complies with London Plan policies relating to design. In addition, the applicant has not yet submitted an accurate visual representation with regard to the strategic view the site sits in. As such, it is not yet possible to determine whether the application complies with London Plan policies 4B.16 and 4B.18 and draft replacement plan policies 7.11 and Inclusive design: The applicant has demonstrated that the development will be accessible to all and that the housing units comply with Lifetime Homes and wheelchair housing requirements. The application therefore complies with London Plan policies 3A.5 and 4B.5 and draft replacement London Plan policies 3.8 and 7.2. Climate change: Whilst the proposed energy strategy is broadly acceptable, further detailed information is required to ensure compliance with London Plan policies relating to climate change. page 19

20 Transport: A Crossrail contribution is required in accordance with Mayor s Supplementary Planning Guidance Use of planning obligations in the funding of Crossrail, in addition to further technical work to allow a full assessment of any additional mitigation measures that may be required. On balance, the application does not comply with the London Plan. The following changes might, however, remedy the above-mentioned deficiencies, and could possibly lead to the application becoming compliant with the London Plan: Housing: Further discussions are required with the applicant and the Council regarding the financial viability assessment submitted by the applicant, the grant assumptions and the impact on the delivery of affordable housing of no grant, and the implications of recent changes to the definitions of affordable housing. In addition, further justification is required regarding the proportion of family affordable accommodation. Design: Further design amendments are required to the building at Whitfield Street, in addition to additional landscaping concepts for the public park, and an accurate visual representation is required of the London Panorama from Parliament Hill to the Palace of Westminster, as defined in the Mayor s London View Management Framework. Climate change: the applicant should submit further modelling work, as well as details regarding the renewable energy strategy, and commit to ensuring possible future connection to a district heating scheme. Transport: A Crossrail contribution is required, in addition to a contribution towards Legible London, an audit of the pedestrian environment and local bus stops, along with safeguarding of disabled bays and a full travel plan. 46 Greater London Authority (including Transport for London) pre Camden Council committee decision The Council s independent assessment of the scheme s viability confirms that the maximum reasonable amount of affordable housing has been provided. Further details submitted confirm that the scheme does not raise concern with regard to strategic views. Transport: The mechanism for contributions to be made payable towards Crossrail has been set out in the Mayor s Supplementary Planning Guidance (SPG) Use of planning obligations in the funding of Crossrail (July 2010) and the London Plan policy alteration. The SPG states that contributions should be sought in respect of uplift in floorspace for B1 office, hotel and retail uses (with an uplift of at least 500 sq.m.). The site is within the Central London charging area. Therefore, contributions of 137 per additional square metre of office floorspace and 88 per square metre of A1/A3 floorspace are expected. TfL s outstanding transport issues are a Legible London contribution and bus stop upgrades to be DDA compliant. In light of a possible forthcoming 100% Crossrail contribution, TfL will no longer be seeking these contributions. However, it is understood there will be a remaining pot of s.106 money that will be allocated towards transport improvements in the area. 47 Greater London Authority (including Transport for London) post committee decision report (stage two) page 20