9 February 2011 Mr G Sector Addleshaw Goddard LLP Milton
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9 February 2011 Our Ref: APP/N5660/A/10/2123877 Mr G Sector Your Ref: 09/01520/FUL Addleshaw Goddard LLP Milton Gate 60 Chiswell Street LONDON EC1Y 4AG Dear Mr Sector TOWN AND COUNTRY PLANNING ACT 1990 – SECTION 78 APPEAL BY VAUXHALL BONDWAY LTD AT 69-71 BONDWAY, VAUXHALL, LONDON SW8 1SQ APPLICATION: REF 09/01520/FUL 1. I am directed by the Secretary of State to say that consideration has been given to the report of the Inspector, Mr Alan Novitzky, BArch(Hons) MA(RCA) PhD RIBA, who held a public inquiry on dates between 20 July and 18 August 2010 into your client's appeal against a decision of the London Borough of Lambeth Council (‘the Council’) to refuse planning permission for: The demolition of existing buildings on site and the erection of a 42 storey building (149m) plus 2 basement levels below ground to provide a mixed use development comprising commercial units (flexible Use Class A1, A2, A3 and A4) of 275sqm GEA at ground floor, commercial units (Use Class B1) of 5,205sqm GEA at ground, first, second and third floor, 671sqm residential amenity space at thirty-sixth floor and 376 residential units at fourth to fortieth floors, two levels of plant at forty-first to forty-second floors, 25 car parking spaces and 22 motorbike parking spaces located in the basements, 568 cycle parking spaces (360 located in the basements, 156 located in storage units on floors four to sixteen and 52 at grade), refuse storage, public realm improvements / landscaping at street level and the formation of new vehicular access from Bondway / realigned vehicular access from Parry Street at 69-71 Bondway, Vauxhall, London SW8 1SQ in accordance with application number 09/01520/FUL, dated 15 May 2009. Department for Communities and Local Government Tel: 0303 444 1630 Julian Pitt, Decision Officer Email: [email protected] Planning Central Casework Division, 1/H1, Eland House Bressenden Place London SW1E 5DU 2. On 12 March 2010, the appeal was recovered for the Secretary of State's determination, in pursuance of section 79 of, and paragraph 3 to Schedule 6 to, the Town and Country Planning Act 1990. The reason for recovery is that the appeal involves proposals for residential development of over 150 units which would significantly impact on the Government’s objective to secure a better balance between housing demand and supply and create high quality, sustainable, mixed and inclusive communities and proposals which could have an adverse impact on the outstanding universal value, integrity, authenticity and significance of a World Heritage Site. Inspector’s recommendation and summary of the decision 3. The Inspector recommended that the appeal be dismissed and planning permission refused. For the reasons given below, the Secretary of State agrees with the Inspector’s conclusions and agrees with his recommendation. A copy of the Inspector’s report (IR) is enclosed. All references to paragraph numbers, unless otherwise stated, are to that report. Procedural Matters 4. The Secretary of State has had regard to the error in the amount of commercial floorspace included in the application’s description of the proposal but is satisfied that the matter was discussed at the Inquiry. Like the Inspector, he has accepted the change because he considers that it is minor and would not prejudice the interests of any party or cause them an injustice (IR3-4). 5. The Secretary of State agrees with the Inspector’s assessment of the environmental information submitted with the application, as set out at IR5 – 7. In reaching his decision, the Secretary of State has taken into account the Environmental Statement and further environmental information submitted under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. The Secretary of State is content that the Environmental Statement complies with the above regulations and that sufficient information has been provided for him to assess the environmental impact of the application. Matters arising after the close of the inquiry 6. Following the close of the Inquiry, the Secretary of State received the written representations listed at Annex A to this letter. The Secretary of State has taken account of these representations in his determination of this appeal but, as they did not raise any new matters that would affect his decision, he has not considered it necessary to circulate them to all parties. Copies of the correspondence can be made available upon written request to the address at the foot of the first page of this letter. Policy considerations 7. In determining the appeal, the Secretary of State has had regard to section 38(6) of the Planning and Compulsory Purchase Act 2004 which requires that proposals be determined in accordance with the development plan unless material considerations indicate otherwise. 8. In this case, the development plan comprises the 2008 London Plan (LP), saved policies of the 2007 Lambeth Unitary Development Plan (UDP), and the Lambeth LDF Core Strategy (CS), which was adopted after the Inquiry on 19 January 2011 (IR15 – 17). The Secretary of State considers that the policies most relevant to his determination of this appeal are those listed by the Inspector at IR15, excluding those saved policies of the UDP that have been superseded by the CS, and CS policies S3, S9 and PN2. He does not consider that there has been any material changes in relevant policies between the draft Core Strategy considered at the Inquiry and the adopted version to the extent that it would affect his decision or require him to refer back to parties for further representations prior to reaching his decision. 9. Other material considerations which the Secretary of State has taken into account include the national planning policy statements, planning policy guidance notes and circulars listed at paragraph 5.1 of the Statement of Common Ground (SOCG, Inquiry Document CD1/2), the planning and design guidance documents listed at paragraphs 5.4 and 5.5 of the SOCG and the Lambeth Supplementary Planning Guidance documents, local strategies and reports listed at paragraphs 5.6 and 5.7 of the SOCG. He has also taken into account the Community Infrastructure Levy (CIL) Regulations, which came into force on 6 April 2010. 10. The Secretary of State has taken into account emerging policy documents including the Vauxhall Nine Elms Battersea Opportunity Area Planning Framework Consultation Draft (OAPF), the Vauxhall Area Draft Supplementary Planning Document and the consultation draft replacement London Plan (IR16 and 18). As these documents are still in draft form and may be subject to change, he has afforded their policies limited weight. 11. In determining the appeal, the Secretary of State has had regard to the impact of the proposed development on the settings of the listed buildings referred to by the Inspector at IR595 – 609. In accordance with section 16(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990, he has paid special regard to the desirability of preserving the listed buildings or their settings or any features of special architectural or historic interest which they may possess. Given that the appeal proposal might affect the Conservation Areas referred to by the Inspector at IR610 – 625, he has also paid special attention to the desirability of preserving or enhancing the character or appearance of those areas, as required by section 72(1) of the same Act. Main issues 12. The Secretary of State considers that the main issues in this case are those set out in Section 5 of the Inspector’s report, being: a) PPS1 and sustainable development matters; b) PPS3 and housing matters; c) PPS4 and sustainable economic growth; d) PPS5 and the historic environment; e) PPG13 and transport matters; f) PPG17 and open space, sport and recreation matters; g) The relationship of the proposal to the development plan; h) Conditions; and i) The submitted Planning Obligation. PPS1: Delivering Sustainable Development Sustainable Development 13. The Secretary of State agrees with the Inspector’s reasoning and conclusions with regard to whether the proposal would deliver sustainable development, as set out at IR527 – 539. He agrees that the proposals generally accord with the aims of PPS1 and the development plan regarding sustainable development and would accord with LP Policy 4A.3 and UDP Policy 35 (IR539). Design 14. The Secretary of State agrees with the Inspector’s reasoning and conclusions, as set out at IR540 – 557, on the design of the appeal proposal. He has had regard to the advice in PPS1 (IR540) and agrees that the importance of well planned public spaces is echoed in development plan policy (IR541, UDP Policy 77 having been superseded by Core Strategy PN2). He agrees that the proposals pack a great deal onto the site, which would be commendable in such a sustainable location provided no unacceptable harm were to arise (IR542). He considers that the design of the proposed tower has the merits set out at IR544 – 545, but agrees with the Inspector that its greatest shortcoming concerns the relationship of the building to its immediate surroundings. He agrees that the well planned public open spaces that bring people together, and which PPS1 advises should be incorporated, are absent, and that the proposals fail to provide sufficient opportunities for pedestrian movement linked to the wider public realm for it to succeed (IR546). 15. The Secretary of State agrees that the proposals involve great density and site coverage without the provision or existing availability of complementary public space (IR548). He shares the Inspector’s view that the materialisation of the public open space indicated in the draft SPD, or an equivalent, cannot be guaranteed for a considerable time, or at all, and that if it were not to materialise then unacceptable consequences would arise (IR549).