planning report GLA/4013/02 10 December 2018 259 Plaistow Road in the Borough of Newham planning application no. 17/02586/FUL

Strategic planning application stage II referral Town & Country Planning Act 1990 (as amended); Authority Acts 1999 and 2007; Town & Country Planning () Order 2008.

The proposal Demolition of the existing buildings and redevelopment of the site to provide buildings ranging from 2 -19 storeys, comprising 323 residential units (Class C3), 1,045 sq.m. (GIA) of retail floorspace (Class A1) together with associated car and cycle parking and landscaping and associated works. The applicant The applicant is Ayr (Jersey) Limited and the architect is Maccreanor Lavington

Key dates Pre-application meeting: 2 August 2016 Stage I Report: 6 November 2017 Committee Meeting: 7 March 2018

Strategic issues Principle of development: The proposal for a high density residential-led mixed-use scheme, with flexible retail uses is strongly supported. Affordable housing: The affordable housing offer is 31% (by hab room), comprising 57% social rent and 43% shared ownership. GLA officers have rigorously reviewed the applicant’s FVA and confirmed that the affordable housing offer is the maximum reasonable provision. Early and late stage reviews have been secured, in accordance with draft Policy H6. Urban design: The design and residential quality of the scheme is good and is supported. Transport: The level of car and cycle parking proposed is compliant with the London Plan and is accepted considering that the draft London Plan is not yet adopted and that the site is reliant on bus services. The Council should note that future proposals must comply with the draft London Plan in this respect, particularly as it gains more weight as it moves towards adoption. Outstanding climate change issues have been addressed.

The Council’s decision In this instance, Newham Council has resolved to grant permission, subject to conditions and agreement of a section 106 agreement. Recommendation That Newham Council be advised that the Mayor is content for it to determine the case itself, subject to any action that the Secretary of State may take, and does not therefore wish to direct refusal or direct that he is to be the local planning authority.

page 1 Context

1 On 18 December 2017, the Mayor of London received documents from Council notifying him of a planning application of potential strategic importance to develop the above site for the above uses. This was referred to the Mayor under Categories 1A, 1B(c) and 1C(c) of the Schedule to the 2008 Order: • 1A “Development which comprises or includes the provision of more than 150 houses, flats, or houses and flats.” • 1C(c) “Development which comprises or includes the erection of a building of more than 30 metres high and is outside the .”

2 On 6 November 2017, the Mayor considered planning report D&P/4013/01, and subsequently advised Newham Council that the application did not yet comply with the London Plan, for the reasons set out in paragraph 55 of the above-mentioned report.

3 A copy of the above-mentioned report is attached. The essentials of the case with regard to the proposal, the site, case history, strategic planning issues and relevant policies and guidance are as set out therein, unless otherwise stated in this report. Since then, the application has been revised and further information provided in response to the Mayor’s concerns (see below). 7 March 2018, Newham Council decided that it was minded to grant permission, subject to conditions and agreement of a section 106 agreement, and on 27 November 2018 it advised the Mayor of this decision. Under the provisions of Article 5 of the Town & Country Planning (Mayor of London) Order 2008, the Mayor may allow the draft decision to proceed unchanged, direct Newham Council under Article 6 to refuse the application, or issue a direction to the Council under Article 7 that he is to act as the Local Planning Authority for the purposes of determining the application. The Mayor has until 11 December 2018 to notify the Council of his decision and to issue any direction.

4 The decision on this case, and the reasons will be made available on the GLA’s website. Consultation stage issues summary

5 At consultation stage, Newham Council was advised that the application did not comply with the London Plan for the reasons set out below; • Affordable housing: 28% affordable housing, split 61:39 affordable rent (at 80% market rent) to shared ownership, is unacceptable and must be increased, noting high accessibility of the site and current low value of the existing use. The tenure of the affordable housing must be diversified in accordance with Policy H7 of the draft London Plan and full details of affordability secured. As proposed, early and late stage viability reviews are required. • Urban and inclusive design: The design and residential quality of the proposals is generally good; however, the applicant must provide further details of the shared space at the centre of the development, doorstep playspace provision, a full schedule and layouts to demonstrate compliance with space standards, and additionally internal daylight tests for all residential units to demonstrate that the units receive adequate levels of daylight. • Transport: The applicant should enter into further discussions with Transport for London and the Council with regard to securing appropriate mitigation measures for Plaistow station and delivering a connection to the Greenway. • Climate change: Further measures should be considered to minimise demand for cooling and carbon offsetting arrangements made with Newham Council

page 2

Strategic planning policy and guidance update

6 In August 2017, the Mayor published his Affordable Housing and Viability Supplementary Planning Guidance (SPG). This must now be read subject to the decision in R(McCarthy & Stone and others) v. Mayor of London.

7 On 24 July 2018, the Government published the revised National Planning Policy Framework.

8 On 13 August 2018, the Mayor published Minor Suggested Changes to his Draft London Plan, which should be taken into account on the basis explained in the NPPF.

Application update

9 Since consultation stage, GLA officers have engaged in discussions with the applicant, the Council and TfL officers with a view to addressing the above matters. The application has been amended, and further information provided, as follows: • The affordable housing offer has been improved as set out below • A financial contribution has been secured towards providing the connection from the site to the Greenway • A financial contribution has been secured towards station improvements at Plaistow Underground station • Further information has been provided with respect to the residential quality of the proposed units

10 Furthermore, as part of Newham Council’s draft decision on the case, various planning conditions and obligations have been proposed to address the above concerns and ensure that the development is acceptable in planning terms.

Affordable housing

11 At consultation stage, the application proposed 28% affordable housing (by habitable room), split 61:39 affordable rent to shared ownership. The affordable rent was to be set at 80% of the market rate. The offer was considered unacceptable noting that the affordable rent product was unlikely to address local need.

12 Following further discussions, the applicant has agreed to an improved offer of 31% affordable housing (by habitable room) split 57:43 social rent to shared ownership, which is tabulated below.

Table 1: Revised affordable housing offer by unit size and tenure Unit Market Social Rent SO Total % mix Unit HR Unit HR Unit HR Unit HR Unit HR 1 Bed 79 158 19 38 19 38 117 234 36.2% 22.1% 2 Bed 91 273 0 0 11 33 102 306 31.6% 28.8% 3 Bed 59 295 32 160 12 60 103 515 31.9% 48.5% 4 Bed 1 6 0 0 0 0 1 6 0.3% 0.6% Total 230 732 51 198 39 131 323 1061 % 71.2% 69% 15.8% 18.7% 12.1% 12.3%

page 3

13 This new offer has been assessed by the Council’s advisers and GLA officers and found to represent the maximum reasonable level achievable within the proposed scheme. The social rented units would be capped at local housing authority levels whilst the shared ownership units would be available to a range of incomes below £90,000. As such, the maximum amount of affordable housing has been secured in line with London Plan Policy 3.12, draft London Plan Policy H6, and the Mayor’s Affordable Housing and Viability SPG.

14 The proposal falls short of the 35% threshold set out in the Affordable Housing and Viability SPG and the emerging London Plan. Consequently, early and late stage viability reviews are required and have been secured in the section 106 agreement.

Urban and inclusive design

15 At Stage 1, it was noted that the proposal would deliver a well-conceived design on geometrically challenging site. The scale, massing and architectural approach were all supported. Further clarifications were sought with respect to the shared surface running through the site, and whilst these have not been provided, conditions requesting the materials used in the construction of the shared surfaces and the management arrangements for vehicular and pedestrian flows through the site are secured by condition. This should ensure that these shared surfaces are safely utilised by all users.

16 Clarification was sought at Stage 1 in relation to the quality of a number of proposed residential units. A full set of unit type drawings was provided which clarified that all residential units would meet national space standards. Additionally, internal daylight analysis for the proposed units at lower floor levels have been provided by the applicant. This demonstrates that the vast majority of these units would meet the BRE guidelines for residential units. Whilst a minority of units would not meet the guidelines, this is considered acceptable in the context of the constrained site. As requested at consultation stage, materials and design details of are also being secured by condition.

17 The sites proximity to the Greenway, set approximately 60m to the south east of the site, is recognised in the Borough’s site specific allocation for the site. The allocation specifies that a connection to the Greenway should be secured through any development of the site. The Stage 1 report supported the provision of a route as outlined within the application proposals and encouraged further investigation of its delivery. An upper estimate of £1.5 million for delivery of a ramped connection has been specified by the borough. Nevertheless, the delivery of the link via means of the subject application is complicated by the various ownership interests covering the 60m stretch of land between the site and the Greenway. Notwithstanding this, a contribution of £600,000 has been secured through legal agreement towards the implementation of this link.

Transport

18 At consultation stage, TfL raised a number of transport related concerns, including car parking, blue badge parking and a contribution to public transport to mitigate the impact of the development.

page 4 19 The section 106 secures £150,000 to be paid to Newham Council and onto TfL for enhancement works to Plaistow station, and also £600,000 to be paid to Newham Council for a connection to the Greenway which would enhance local connectivity and walking and cycling trips.

20 The application predated the publication of the draft London Plan, and is in line with adopted London Plan car and cycle parking standards. Car parking is provided at a site wide ratio of 0.26, with 1 space for each of the 32 accessible dwellings and prioritises parking for 3-4 bedroom units. 532 long stay and 27 short stay cycle parking spaces are provided.

21 The section 106 agreement also secures a Travel Plan, Car Club membership for three years and restricts residents from applying for parking permits. As requested, conditions have been attached by Newham Council which secure public realm and highway works, electric vehicle charging points, cycle parking, a servicing and delivery plan, and a construction logistics plan which includes London Underground Infrastructure Protection matters and noise mitigation.

Climate change

22 The applicant has provided the additional information requested at consultation stage relating to overheating, worksheet calculations, the site heat network, and photovoltaics. The carbon dioxide savings for the residential element fall short of the targets set within the London Plan and the draft London Plan; however, it is accepted that all opportunities to provide on-site savings have been fully exhausted. This would normally generate a carbon offset payment; however, in line with London Plan Policy 8.2 ‘Planning obligations’ and draft London Plan Policy DF1, given the viability constraints of this proposal and the priority to maximise the delivery of affordable housing, the carbon offset contribution has been waived in this case to enable a greater proportion of affordable homes to be provided.

Response to consultation

23 Newham Council publicised the application by site and press notices, and consultation letters were sent to neighbouring properties. A total of 19 responses were received which comprised 17 objections and two comments in support. The objections included three petitions. Grounds for objection included: • Overdevelopment, density, height of buildings. • Overshadowing, loss of light. • Insufficient affordable housing provision. • Poor design. • Loss of privacy to existing residential properties • Security concerns, particularly in relation to the Greenway connection • Out of scale with local area. • Increased pollution and litter/rubbish • Increased noise and disturbance • Negative impact/disruption from construction works. • Additional traffic in already congested surrounding roads. • Insufficient on-site parking provision. • Strain on local infrastructure.

24 The comments in support noted that the it would be an improvement on the existing site and would provide additional housing on a brownfield site.

25 The following statutory bodies commented as follows:

page 5 • Environment Agency: No objection • Thames Water: No objection, subject to informatives, which have been applied. • Historic : The application should be determined in accordance with national and local policy guidance, and on the basis of the borough’s specialist conservation advice

• : No comments to make on application

• Port of London Authority: No comments to make on application

• Highways England: No comments to make on application

• Historic England (GLAAS): No objection subject to condition which has been applied

• : No objection

• London Underground: No objection subject to conditions

• – Designing out crime: No objection subject to conditions

26 Having considered the responses to public consultation, Newham Council has proposed various planning obligations and conditions in response to the issues raised. Having had regard to these, GLA officers are satisfied that the statutory and non-statutory responses to the public consultation process do not raise any material planning issues of strategic importance that have not already been considered in this report, Newham Council’s committee report, or the Stage 1 report.

Draft Section 106 agreement

27 The draft section 106 agreement includes the following provisions: • Affordable housing as set out above, comprising 20% (without grant, made up of 60% London Affordable Rent and 40% London Shared Ownership), or 23% (with grant, made up of 70% London Affordable Rent and 30% London Shared Ownership), with early and late stage viability review mechanisms; • £150,000 towards improvements to Plaistow Underground Station; • £600,000 contribution towards the provision of a connection from the site to the Greenway to implement the findings of the controlled parking zone review; • £200,000 employment training contribution; • Parking permit free agreement for both residential and commercial elements.

Article 7: Direction that the Mayor is to be the local planning authority

28 Under Article 7 of the Order, the Mayor could take over this application provided the tests set out in that Article are met. In this instance, the Council has resolved to grant permission with conditions and a planning obligation, which satisfactorily addresses the matters raised at consultation stage, therefore there is no sound planning reason for the Mayor to take over this application. Legal considerations

29 Under the arrangements set out in Article 5 of the Town and Country Planning (Mayor of London) Order 2008, the Mayor has the power under Article 6 to direct the local planning authority

page 6 to refuse permission for a planning application referred to him under Article 4 of the Order. He also has the power to issue a direction under Article 7 that he is to act as the local planning authority for the purpose of determining the application. The Mayor may also leave the decision to the local authority. In deciding whether to direct refusal, the Mayor must have regard to the matters set out in Article 6(2) of the Order, including the principal purposes of the , the effect on health and sustainable development, national policies and international obligations, regional planning guidance, and the use of the . The Mayor may direct refusal if he considers that to grant permission would be contrary to good strategic planning in Greater London. If he decides to direct refusal, the Mayor must set out his reasons, and the local planning authority must issue these with the refusal notice. In deciding whether to direct that the Mayor is to be the local planning authority, the Mayor must have regard to the matters set out in Article 7(3). If the Mayor issues a direction, he must set out his reasons in the direction. Financial considerations

30 Should the Mayor direct refusal, he would be a principal party at any subsequent appeal hearing or public inquiry. National Planning Practice Guidance emphasises that parties usually pay their own expenses arising from an appeal.

31 Following an inquiry caused by a direction to refuse, costs may be awarded against the Mayor if he has either directed refusal unreasonably; handled a referral from a planning authority unreasonably; or behaved unreasonably during the appeal. A major factor in deciding whether the Mayor has acted unreasonably will be the extent to which he has taken account of established planning policy.

32 Should the Mayor take over the application he would be responsible for holding a representation hearing and negotiating any planning obligation. He would also be responsible for determining any reserved matters applications (unless he directs the Council to do so). Conclusion

33 The strategic issues raised at consultation stage regarding affordable housing; urban and inclusive design; transport; and climate change have been appropriately addressed, and conditions and section 106 obligations secured, and as such, the application generally complies with the London Plan and the draft London Plan. Although the car and cycle parking levels do not meet draft London Plan standards, this is accepted in this case. There are no sound reasons for the Mayor to intervene.

for further information, contact the GLA Planning Team: Juliemma McLoughlin, Chief Planner 020 7983 4271 email [email protected] John Finlayson, Head of Development Management 020 7084 2632 email [email protected] Matt Christie, Principal Planner 020 7983 4265 email [email protected] Simon Westmorland, Senior Strategic Planner, Case Officer 020 7084 2741 email [email protected]

page 7