89-93 Newington Causeway in the London Borough of Southwark Planning Application No
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planning report PDU/2270/03 16 November 2011 89-93 Newington Causeway in the London Borough of Southwark planning application no. 09/AP/1940 Strategic planning application stage II referral (new powers) Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008. The proposal The demolition of the existing building and erection of a 22-storey mixed use building containing a cafe at ground level, with commercial floorspace and 38 residential units above. The applicant The applicant is Neobrand Limited, and the architect is Panter Hudspith Architects. Strategic issues The proposal is consistent with the London Plan. The Council’s decision In this instance Southwark Council has agreed a dual recommendation resolving to grant permission but giving delegated authority for officers to refuse permission if the Section 106 agreement is not signed within a specified date. Recommendation That Southwark 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. Context 1 On 15 September 2009, the Mayor of London received documents from Southwark 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 Category 1C of the Schedule of the Order 2008: ”Development which comprises or includes the erection of a building of one or more of the following descriptions…the building is more than 30 metres high and is outside the City of London”. 2 On 21 October 2009 the Mayor considered planning report PDU/2270/01, and subsequently advised Southwark Council that the application did not comply with the London page 1 Plan, for the reasons set out in paragraph 69 of the above-mentioned report; but that the possible remedies set out in paragraph 71 of that report could address these deficiencies. 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. On 7 June 2011 Southwark Council agreed a dual recommendation resolving to grant permission but giving delegated authority for officers to refuse permission if the Section 106 agreement for the application is not signed on or before 30 June 2011. On 23 June 2011 it advised the Mayor of this decision and on 25 July 2011 the stage II referral was validated. 4 On 26 July 2011 the Mayor considered a report on this case (reference PDU/2270/02, copy attached), and resolved that he was content to allow Southwark Council to determine the case itself, subject to any action that the Secretary of State may take, and did not therefore wish to direct refusal or to take over the application for his own determination. 5 Southwark Council subsequently reconsidered the application. On 1 November 2011 Southwark Council agreed a dual recommendation resolving to grant permission but giving delegated authority for officers to refuse permission if the Section 106 agreement for the application is not signed on or before 30 November 2011. On 3 November 2011 it advised the Mayor of this decision. 6 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 Southwark Council under Article 6 to refuse the application or issue a direction to Southwark Council under Article 7 that he is to act as the Local Planning Authority for the purposes of determining the application and any connected application. The Mayor has until 16 November 2011 to notify the Council of his decision and to issue any direction. 7 The environmental information for the purposes of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 has been taken into account in the consideration of this case. 8 The decision on this case, and the reasons will be made available on the GLA’s website www.london.gov.uk. Update 9 At the consultation stage Southwark Council was advised that the application did not comply with the London Plan, for the reasons set out in paragraph 69 of the above-mentioned report; but that the possible remedies set out in paragraph 71 of that report could address these deficiencies. On 26 July 2011 the Mayor considered a report on this case (reference PDU/2270/02, copy attached), which confirmed that the outstanding matters relating to housing, climate change adaptation and mitigation, and transport had been remedied and the application was considered to be consistent with the London Plan. This remains the case. Response to consultation 10 The consultation responses received by the Council and the Mayor prior to the report on 26 May 2011 are summarised in that report. Since then the Council and the Mayor have received further representations from the Ministry of Sound. The Ministry of Sound has also since closed an online petition on it’s website, which it reports has having in excess of 26,000 signatories. This specifically objected to the Eileen House proposal, albeit on the substantively the same grounds as the application in question. page 2 11 The further representations submitted on behalf of the Ministry of Sound maintain it’s objection to the proposal on a number of planning grounds. These grounds include the housing mix, building height, density, the nature of the amenity space and noise amenity issues all of which are highlighted as being contrary to Southwark policy. 12 The Ministry of Sound continues to be concerned regarding the inclusion of residential accommodation in the proposal as a potentially sensitive receptor of noise emanating from it’s Club premises on Gaunt Street, opposite the application site. Specifically it remains concerned that should it’s operations give rise to any noise disturbance to future residents then those residents would have legitimate grounds for a nuisance compliant to the Council which could in turn curtail or revoke the it’s entertainment license, resulting in a loss of business. 13 The applicant, the Ministry of Sound and the Council have each sought the assistance of specialist acousticians and given extensive consideration to the potential for noise disturbance to future residents of the proposal. There remains dispute over this issue. The Council has however addressed the concerns raised regarding the coverage of it’s own acoustic survey completed in April 2011. This survey terminated at 00.00 and did not cover the period between 02.00 and 04.00 that the Ministry of Sound asserts are it’s busiest and noisiest or any noise arising from patrons leaving the nightclub which can occur until around 07.00. 14 The Council duly conducted a further survey on the night of 23-24 July 2011 which covered this period. It has since concluded that: “…provided that sound insulation measures and alternative means of ventilation are required by condition, the likely effects of MoS [Ministry of Sound] will have been appropriately minimised and are not likely to give rise to unacceptable disturbance to future occupiers. Future occupiers would have the ability to close their windows and obtain a quiet internal environment with fresh air provided by means of alternative mechanical ventilation. It is considered that the activities of MoS would not give rise to unacceptable living conditions for future occupiers and that the relevant policy standards are attained.” 15 This conclusion and the associated conditions attached to the draft decision notice have been reviewed and do not raise any concern, subject to these conditions being enforced. On this basis the further representations raise no material planning issues of strategic importance that have not been appropriately addressed and duly considered by the Mayor. Article 7: Direction that the Mayor is to be the local planning authority 16 Under Article 7 of the Order the Mayor could take over this application provided the policy tests set out in that Article are met. In this instance the Council has agreed a dual recommendation resolving to grant permission with conditions and a planning obligation but giving delegated authority for officers to refuse permission if the Section 106 agreement for the application is not signed. This satisfactorily addresses the matters raised at stage I, therefore there is no sound planning reason for the Mayor to take over this application. Legal considerations 17 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 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 and any connected application. The page 3 Mayor may also leave the decision to the local authority. In directing refusal the Mayor must have regard to the matters set out in Article 6(2) of the Order, including the principal purposes of the Greater London Authority, the effect on health and sustainable development, national policies and international obligations, regional planning guidance, and the use of the River Thames. 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.