Committee: Date: Classification: Report Agenda Item Development 29th March 2006 Unrestricted Number: Number: Committee 5.4 Report of: Title: Town Planning Application Director of Development and Renewal Location: Cabot Hall, , London, E14 Case Officer: Scott Hudson Ward: Millwall (February 2002 onwards)

1. SUMMARY

1.1 Registration Details Reference No: PA/05/02114 Date Received: 22/12/2005 Last Amended Date: 22/12/2005 1.2 Application Details

Existing Use: Conference Facility/Retail Mall/Car Park.

Proposal: The change of use of Cabot Hall and Cabot Place West retail mall, as follows: • Gross total floor space of no more than 12,587sq.m. • Change of use of existing 2,541sq.m. D1 space (public hall), and 2,563sq.m. car park to Class A1 (shops). • Additional 939sq.m. of new Class A1 (shops) floor space . • Reconfiguration of 6,544sq.m existing retail to Class A1 (shops) and Class A3/A4/A5 (café, restaurant, bar and take-aways). • Ancillary storage and mall circulation spaces. • Associated minor external works to western elevation.

Applicant: DP9 Planning Consultants Ownership: Cabot Place Ltd. Historic Building: N/A Conservation Area: N/A

2. RECOMMENDATION:

2.1 That the Development Committee grant planning permission subject to: i) the conditions outlined below:

(1) Time limit for commencement (three years). (2) Restriction within approved use classes (Class A3/A4/A5, up to a maximum 3,000sq.m). (3) Refuse and recycling facilities. (4) External Materials and Finishes to match existing. (5) No structures on roof. (6) Disabled Access (Retention). (7) Commercial parking retained for businesses/visitors.

2.2 ii) Reference to the Government Office for London under the Town and Country Planning (Shopping Development) No.2 Direction 1993.

LOCAL GOVERNMENT ACT 2000 (Section 97) LIST OF BACKGROUND PAPERS USED IN THE DRAFTING OF THIS REPORT

Brief Description of background Tick if copy supplied for Name and telephone no. of holder paper: register Application case file, plans, supporting √ technical reports, UDP, PPGs. Development Control: -020 7364 5338

3. BACKGROUND

Site and Surrounds

3.1 The subject site is located at the western end of the existing retail mall at Cabot Place West, to the west of DLR station. The existing uses on site are as follows: • Existing retail space floorspace (6,544 sq.m). • Car Parking (2,563 sq.m). • Conference/Meeting hall(2,541 sq.m).

3.2 Cabot Place forms part of the larger retail and commercial district of Canary Wharf. The site is surrounded by the North and South Colonnade and Cabot Square.

Proposal:

3.3 The application relates to the change of use of the existing Cabot Hall conference and banqueting facility, the existing car park, reconfiguration of existing retail units in the Cabot Place West retail mall and the addition of retail space in the existing void over the function hall. At the first floor, it is proposed that the existing function hall would become a large retail unit and a restaurant unit linked to those proposed at second floor level. At ground level, the existing retail units would be reconfigured to form a number of larger units. The existing car park at concourse level would be changed to form a number of retail units focused around an east west thoroughfare.

3.4 In detail, the application proposes: • Gross total floor space of no more than 12,587sq.m. • Change of use of 2,541sq.m. D1 space (public hall), and 2,563sq.m. car park to Class A1. • Additional 939sq.m. of new Class A1 floor space. • Reconfiguration of 6,544sq.m existing retail mall floor space to Class A1 (retail) and Class A3/A4/A5 (up to a maximum 3,000sq.m). • Ancillary storage and mall circulation spaces. • Associated minor external works to western elevation.

3.5 The application relates to the second, first, ground, concourse and lower car park levels. The existing basement car park and service areas would remain.

3.6 The planning application is accompanied by a Retail Assessment prepared by DP9 and Transport Assessment prepared by Steer Davies Gleave.

4. PLANNING POLICY FRAMEWORK

Comments of Chief Legal Officer

4.1 The relevant policy framework against which the Committee is required to consider planning applications includes the adopted London Plan 2004, the Council's Community Plan, the adopted Unitary Development Plan (UDP) 1998, the Draft UDP and Interim Planning Guidance Notes.

4.2 Decisions must be taken in accordance with sections 54A and 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004. Section 70(2) of the Town and Country Planning Act 1990 is particularly relevant, as it requires the Committee to have regard to the provisions of the Development Plan, so far as material to the application and any other material considerations.

4.3 Whilst the adopted UDP 1998 is the statutory development plan for the borough, it will be replaced by a more up to date set of plan documents which will make up the Local Development Framework (LDF). As the replacement plan documents progress towards adoption, they will gain increasing status as a material consideration in the determination of planning applications.

4.4 The report takes account not only of the policies in statutory UDP 1998 but also the emerging plan, which reflect more closely current Council and London-wide policy and guidance.

4.5 In accordance with Article 22 of the General Development Procedure Order 1995, Members are invited to agree the recommendations set out above which have been made on the basis of the analysis of the scheme set out in this report. This analysis has been undertaken on the balance of the policies set out below and any other material considerations set out in the report.

4.6 The following Unitary Development Plan proposals are applicable to this application:

(1) Central Area Zones (2) Flood Protection Areas

4.7 The following Unitary Development Plan policies are applicable to this application:

DEV1 Design Requirements CAZ1 Location of Central London Core Activities. CAZ3 Requirements for Mixed Use Schemes EMP8 Encouraging Small Business Growth T17 Planning Standards S1 Retail Development in District Centres S2 Change of Use in Core Areas SCF11 Meeting Places

4.8 The following Core Strategy and Development Control Development Plan Document proposals are applicable to this application:

(1) Major Town Centre (2) Flood Protection (3) Area Action Plan

4.9 The following Core Strategy and Development Control Development Plan Document policies are applicable to this application:

EE10 Commercial Densities RT1 Range of Quality Shopping RT3 Efficient Use of Land RT4 Retail Development and the Sequential Approach RT5 Town Centre Hierarchy RT8 Accessibility SCF1 Social and Community Facilities TR2 Parking TR3 Transport Assessments TR4 Travel Plans

4.10 The following Community Plan objectives are applicable to this application: (1) Living Well (2) Living Safely

4.11 The application is required to be referred to the Government Office for London under the Town and Country Planning (Shopping Development) No.2 Direction 1993. This requires that shopping development that reach a threshold to be referred to the Government to decide on the impacts the proposal would have on the surrounding retail areas.

5. CONSULTATION

5.1 The following were consulted regarding this application:

(1) Highways

Canary Wharf is a private estate therefore there are no public highways which are directly affected.

The proposal will have an insignificant effect on the nearest public highways and there is capacity on public transport.

(2) Transport for London - Street Management

No response.

(3) Docklands Light Railway

No response.

5.2 Responses from neighbours were as follows:

No. Responses: 1 In Favour: 0 Against: 1 Petition: 0

5.3 Coffee Republic, the occupier of a retail unit on the first floor, raised an objection due to: • Loss of car parking spaces and increased on street parking. • Impact to existing shop units. • Loss of external seating used by Coffee Republic and the blocking of an internal window.

6. ANALYSIS

6.1 The key issues associated with the application relate to the loss of a public hall (Class D1) at Cabot Hall, the suitability of the additional retail floor space and transport impacts.

Land Use:

6.2 Cabot Hall is currently used as a multi-purpose venue, which comprises rooms of varying sizes and capacity, as follows: • Cabot Hall features a 450sq.m hall capable of occupying 400 persons. • Sebastian (96sq.m) • Cape Breton (32.1sq.m) • Newfoundland (18.9sq.m) • St Lawrence (76.8sq.m).

6.3 Cabot Hall was built in 1990 and was originally designed as retail space. However, as there was limited demand for retail space at the time, its use was changed. The applicant says that Cabot Hall lacks many modern facilities, including no backstage/wings area, there is insufficient reception/foyer space, limited storage, inadequate loading facilities and no translation facilities. Cabot Hall is now competing with more modern facilities in the area and the current hall facilities would require major investment to bring it up to modern specifications.

6.4 A replacement facility was opened in Canary Wharf in October 2003, known as The East Wintergarden, which overlooks Jubilee Park. This facility provides a total area for hire of approximately 682sq.m, with additional floor space at gallery level. As a result, Cabot Hall is now underused, hosting approximately only 12 community and 2 charity events last year. The local community by invitation uses Cabot Hall on occasions by the .

6.5 Policies SCF9 (Community Buildings) and SCF11 (Meeting Places) of the adopted UDP 1998 support the retention of such facilities unless it can be demonstrated that the need no longer exists, the facilities are not fit to serve their purpose and the facility is no longer well related to the catchment area. It is considered with regards to SCF9, that just 14 events over a 12 month period demonstrates that there is not an overwhelming need for the venue and the new East Wintergarden venue could accommodate this demand.

6.6 Policy SCF1 (Social and Community Facilities) of the Core Strategy (LDF) stipulates that to ensure users are not disadvantaged by any reduction in the quality of and access to facilities, any development that displaces existing or increase the need or demand for social facilities will be required to provide or contribute to new or existing provisions to meet identified demands. In addition, Policy SCF9 of the Core Strategy ensures that high quality, local public services, social and community facilities are retained, designed and located to maximise accessibility, and serve the diverse needs of the borough. It is considered that there would be no displacement of such facilities or a reduction given the existence of the East Wintergarden venue and its ability to cope with demand as discussed above.

Retail Use

6.7 The adopted UDP 1998 identifies the site and Canary Wharf as lying within a Central Area Zone. The Local Development Framework identifies it as a Major Centre.

6.8 The adopted UDP Policy S6 generally allows for permission of new retail developments where there is no detrimental impact on the vitality and viability of any district centre. The nearest district centre is the Asda supermarket site further south on the Isle of Dogs. It is considered that the retail expansion of Cabot Place would not adversely impact on the vitality or viability of the existing district centre, as it proposes a number of smaller speciality stores. In addition, the existing Canary Wharf centre appeals to both workers and residents in the area, whereas the Asda site services the local supermarket need for the southern part of the Isle of Dogs. The adopted UDP (1998) policy CAZ3 supports larger developments for business and retail developments in the Central Area Zones.

6.9 In 2004 on behalf of the Council, Drivers Jonas conducted a Borough-wide retail capacity study, which advised that Canary Wharf should be allocated as a ‘major centre’. Policy RT1 (Range of Quality Shopping) of the Core Strategy of the emerging LDF accords with the London Plan’s policy on maintaining and improving retail facilities, highlighting the importance of providing essential convenience and specialist shopping to the local community. It is considered that the expansion of Cabot Place would improve the retail function of Canary Wharf.

6.10 In addition, policy RT4 (Retail Development and the Sequential Approach) of the LDF Core Strategy has identified that further retail developments should be ‘guided to existing centres’, in particular to Canary Wharf.

6.11 Furthermore, policy RT5 (Shopping Centre Hierarchy) of the LDF Core Strategy defines Canary Wharf as a Major Centre. This policy requires that any new proposal in the centre relate to its scale, role and catchment and character of the centre. It is considered the expansion of the retail uses within Cabot Place would form part of the overall function of Canary Wharf and is consistent with the existing character of the centre.

6.12 Policy RT6 (Night Time Economy) of the LDF Core Strategy refers to food and drink premises and says that the Council will focus such activities into defined areas with Canary Wharf being named as a specified location.

6.13 Moreover, policy IOD2 of the Isle of Dogs Action Area Plan supports new retail development at Canary Wharf. The new retail must be consistent with the scale, role and design of a Major Town Centre. As stated above, the expansion of Cabot Place seeks to introduce additional retail units at varying sizes and would secure major retailers in order to increase the appeal of the centre. The agents identify this within the submitted Retail Assessment through the survey work carried out with existing shoppers, and have identified the need for further major retail brands within the town centre.

Accessibility and Transport

6.14 The site is located adjacent to the Canary Wharf DLR station, and the Tube station is within walking distance through the existing retail mall. Furthermore the site is also serviced by a number of bus routes in and out of the Isle of Dogs. Policy S6 (New Retail Development) of the adopted UDP 1998 requires that retail developments be adequately served by public transport and includes safe and convenient facilities for pedestrians and cyclists. The submitted Retail Assessment report concludes that there are a number of transport links, which rival those of all other existing retail destinations within London. The Council’s Highways Department has confirmed the findings of the report.

6.15 The submitted Transport Assessment also concluded that projected demand associated with the proposal would not have a significant impact on the existing transport services. The Council’s Highways Department concur with these findings.

6.16 Moreover, the existing Cabot Place centre features a number of lifts throughout, ramped and step free access via the existing DLR stations, allowing an excellent level of accessibility as required by policy RT8 of the LDF Core Strategy.

External Works

6.17 Part of the proposal incorporates minor exterior works to Cabot Place, which include alterations to the western elevations such as additional opaque glazing and additional shopfront to colonnade. The proposed additions are designed to match the existing exterior. It is considered that these changes would not have an adverse impact on the external appearance of the building.

Objection

6.18 With regard to the objection received, it is not Council policy to encourage car-parking provision in Canary Wharf. Substantial parking (69 spaces) would remain. The area is a controlled parking zone and it is not accepted that the scheme would result in parking difficulties.

6.19 The internal layout within the building is not a planning matter and the use of circulation space by Coffee Republic and the loss of internal window are private matters between the company and Canary Wharf, the owner of the building.

7. SUMMARY

7.1 It is considered that the proposal will contribute to the expansion and vitality of the Canary Wharf shopping precinct and support Canary Wharf as a Major Town Centre without detriment to the existing shopping facilities. The site is well served by public transport and is not considered that there would be undue impact on the existing network. On balance, it is considered the change of use of Cabot Hall is justified given the new facility at the East Wintergarden.

7.2 Therefore it is considered the proposal accords with the policies within the adopted UDP, the LDF Core Strategy and the Isle of Dogs Area Action Plan.

7.3 It is recommended that the Development Committee grant conditional planning permission subject to the recommended conditions as detailed in Section 2 of this report, subject to any direction made by the Government Office for London.

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P d O d Legend Planning Application Site Boundary Consultation Area d Land Parcel Address

This Site Map displays the Planning Applicat ion S ite B oundary and t he neighbouring Occupiers / Owners who were consulted as pa rt of the Planning A pplication process. The Sit e Map was reproduced from t he Ordnance Survey mapping wit h the permis sion of Her Majesty's Stationery Off ice © Crown Copyright . London B orough of Tower Hamlets LA086568

Cabot Hall, Cabot Square, London, E14