planning report D&P/1755a/01 5 July 2016

562 Road, Mile End in the Borough of Tower Hamlets planning application no. PA/16/00943

Strategic planning application stage 1 referral Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008.

The proposal Comprehensive redevelopment to provide 52 residential flats and 760 sq.m. of commercial space within a block of between 3 and 15-storeys.

The applicant The applicant is Bestzone Ltd. and the architect is BUJ Architects.

Strategic issues Principle of development: the high density residential-led mixed use redevelopment would capitalise on the opportunity presented by this highly accessible yet underutilised site, and the proposal is broadly supported in strategic planning terms (paragraph 14 to 16). Housing: the housing provision (including 35% affordable by habitable room) this needs to be robustly examined including: independent verification of the maximum reasonable amount of affordable housing; an assessment as to whether additional development could increase the provision of affordable housing; and, a review of tenure split (paragraphs 17 to 23). Design: the loss of existing nineteenth and twentieth century buildings is acceptable, and overall the design of this tall building is broadly supported. A review of the ground floor is nevertheless sought to: ensure more equitable sizing of affordable and private market residential lobbies; maximise active frontage; and, improve bike store access (paragraphs 24 to 28). Transport: whilst the scheme is generally acceptable in strategic transport terms, there are still various detailed transport matters to resolve (paragraphs 32 to 40). Recommendation That Tower Hamlets Council be advised that whilst the scheme is broadly supported in strategic planning terms the application does not fully comply with the London Plan for the reasons set out in paragraph 45 of this report. The resolution of those issues could lead to the application becoming compliant with the London Plan.

page 1 Context

1 On 12 May 2016 the Mayor of London received documents from Tower Hamlets Council notifying him of a planning application of potential strategic importance to develop the above site for the above uses. Under the provisions of The Town & Country Planning (Mayor of London) Order 2008 the Mayor had until 22 June 2016 to provide the Council with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. However, in this case it has been agreed with Tower Hamlets Council that the Mayor will provide this statement on 5 July 2016. This report sets out information for the Mayor’s use in deciding what decision to make.

2 The application is referable under Category 1C 1.(c) of the Schedule to the Order 2008: ”Development which comprises or includes the erection of a building of… more than 30 metres high and is outside the ”.

3 Once Tower Hamlets Council has resolved to determine the application, it is required to refer it back to the Mayor for his decision as to whether to direct refusal; take it over for his own determination; or, allow the Council to determine it itself.

4 The Mayor of London’s statement on this case will be made available on the GLA website www.london.gov.uk. Site description

5 The 877 sq.m. site is located in Mile End, at the junction of Mile End Road and Burdett Road (both of which form part of the Road Network). The east of the site is defined by a private service road (which serves a 6-storey telephone exchange building opposite) and the south of the site is bounded by Wentworth Mews (part of which is pedestrianised). The surrounding context to the site is characterised by a wide mix of uses, with residential development of between 4 and 8-storeys to the south, a range of commercial uses running along Mile End road to the north, and a generous expanse of open space at to the west.

6 The proposed development plot itself is occupied by two fine grain early nineteenth century commercial premises fronting Mile End Road, and an early twentieth century former cinema building fronting Burdett Road (much of the remainder of the Burdett Road frontage of the site is cleared and shrouded in hording). The existing buildings at the site appear to be poorly maintained, and whilst the cinema building was until fairly recently used as a night club, GLA officers understand that this use has now ceased.

7 None of the existing buildings at the site are Listed or Locally Listed, and the site does not fall within a Conservation Area. Nevertheless, there are various heritage assets in the vicinity including: nearby Grade II Listed Buildings (415-437 Mile End Road, 439-455 Mile End Road, Guardian Angels Presbytery and The Guardian Angels Roman Catholic Church); and, a number of Conservation Areas including Tredegar Square (to the north), Ropery Street (to the south) and Clinton Road (to the west). These Conservations Areas also host numerous other Listed Buildings.

8 The site is very well served by public transport, with various bus routes operating along Mile End Road and Burdett Road, and Mile End Underground station (providing access to Central Line, and Hammersmith and City Line services) located approximately 100 metres to the west. Mile End Road forms part of Cycle Superhighway 2 (CS2), and the site benefits from good access to cycle hire facilities (with numerous docking station available within a short walk). Overall the site registers an accessibility level of six(b), on a scale of zero to six(b), where six(b) denotes the most accessible locations in the capital.

page 2 Details of the proposal

9 Comprehensive residential-led mixed use redevelopment to provide 52 new homes and 760 sq.m. of commercial space within a block of between 3 and 15-storeys. Case history

10 On 1 October 2014 GLA officers held a pre-application meeting at City Hall to discuss this scheme. The advice issued on 15 October 2014 stated that “The proposed residential-led mixed use redevelopment of this site is supported in strategic planning terms. Notwithstanding this, the proposed loss of the existing fine grain buildings at the site is disappointing and will need to be justified having regard to the assessed value of these buildings, and the anticipated benefits of the comprehensive redevelopment. The applicant should also ensure that the future application addresses the other issues… with respect to housing; urban design; inclusive access; sustainable development; and, transport”. Strategic planning issues and relevant policies and guidance

11 The relevant strategic issues and corresponding policies are as follows:

 Housing London Plan; Housing SPG; Housing Strategy; Shaping Neighbourhoods: Play and Informal Recreation SPG; Shaping Neighbourhoods: Character and Context SPG;  Affordable housing London Plan; Housing SPG; draft Interim Housing SPG; Housing Strategy;  Density London Plan; Housing SPG;  Urban design London Plan; Shaping Neighbourhoods: Character and Context SPG; Housing SPG; Shaping Neighbourhoods: Play and Informal Recreation SPG;  Inclusive access London Plan; Accessible London: achieving an inclusive environment SPG;  Sustainable development London Plan; Sustainable Design and Construction SPG; Mayor’s Climate Change Adaptation Strategy; Mayor’s Climate Change Mitigation and Energy Strategy; Mayor’s Water Strategy; Mayor’s Ambient Noise Strategy;  Transport and parking London Plan; the Mayor’s Transport Strategy;  Crossrail London Plan; and, Mayoral Community Infrastructure Levy.

12 For the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the development plan in force for the area is the 2010 Tower Hamlets Core Strategy; 2013 Tower Hamlets Managing Development Document; 2013 Tower Hamlets Adopted Policies Map; and, London Plan 2016 (Consolidated with Alterations since 2011).

13 The following are also relevant material considerations: National Planning Policy Framework; Technical Guide to the National Planning Policy Framework; and, National Planning Practice Guidance.

Principle of development

14 The Tower Hamlets Core Strategy sets out the Council’s strategic vision for Mile End, stating that housing growth in the area should be accompanied by the creation of a genuinely mixed use town centre around Mile End station. The Core Strategy also seeks the establishment of new employment uses along Mile End Road, Grove Road and Burdett Road.

page 3 15 The proposed residential-led mixed use scheme would provide 52 new homes as well as ground floor commercial units along the primary frontages at Mile End Road and Burdett Road. Whilst the commercial offer of the proposal is likely to focus on retail, the scheme also maintains the flexibility to make a modest provision of office space. Overall, the proposed approach would capitalise on the opportunity presented by this highly accessible yet underutilised site in line with London Plan Policy 3.3 (increasing housing supply), and generally responds well to the key principles of the vision for Mile End expressed within Tower Hamlets Council’s Core Strategy.

16 Accordingly, the principle of the proposed residential-led mixed use redevelopment is strongly supported in strategic planning terms. Housing

17 Whilst the proposed provision of 52 new residential flats at this highly accessible site is strongly supported in line with London Plan Policy 3.3, given the site’s high level of accessibility the applicant should further investigate opportunities to increase the quantum of development with a view to increasing the overall proportion of affordable housing. The table below sets out the proposed residential schedule.

Unit type Affordable rent Private market Total Studio 0 9 9 One-bedroom 4 7 11 Two-bedroom 6 19 25 Three-bedroom 3 2 5 Four-bedroom 2 0 2 Total 15 37 52

Affordable housing

18 London Plan Policy 3.12 seeks to secure the maximum reasonable amount of affordable housing when negotiating on mixed use schemes. In this case the applicant is proposing an affordable housing provision of 29% (on a unit basis) or 35% (on a habitable room basis). All of the affordable housing is proposed to be provided as affordable rent tenure.

19 In accordance with the principles of London Plan Policy 3.12, the scheme is currently undergoing an independent viability review on behalf of Tower Hamlets Council. That review is ongoing at the time of writing this report, however, it is noted that the applicant’s own assessment indicates that the level of affordable housing proposed in this case is, to a certain extent, predicated on assumptions of future growth in sales values. Nevertheless, as part of viability discussions the applicant should explore all opportunities to increase the proportion of affordable housing, including through options to increase the overall quantum of development. The proposed tenure split should also be reviewed to ensure the maximum reasonable amount of affordable housing is secured. GLA officers will update the Mayor of the conclusions of the viability review (and of subsequent affordable housing discussions/negotiations) at the decision making stage.

20 The proposal, with solely affordable rented tenure, does not accord with the strategic 60/40 tenure split target within London Plan Policy 3.11. Whilst it is acknowledged that the scale of development may make a dual tenure affordable offer more challenging (due to the typical management requirements of Registered Providers), as part of ongoing viability discussions options for a mix of affordable tenure should be explored. More generally the proposed housing mix (which includes a 33% provision of affordable family sized housing within

page 4 the affordable rent component) is supported in response to London Plan Policy 3.8 (Housing choice).

Residential standards, play space and density

21 All dwellings will meet or exceed the minimum space standards established by London Plan Policy 3.5 (Table 3.3). The applicant has also committed to ensuring that all units would meet the ‘Lifetime Homes’ standard and that 10% of the provision would be wheelchair accessible/adaptable. This is supported in principle, however, noting that new national housing standards now apply as part of Building Regulations, the Council is advised to include planning conditions to secure standards M4(2) and M4(3) as per London Plan Policy 3.8.

22 With respect to children’s play space, the scheme includes rooftop communal amenity space at the fifth and eighth-floor level comprising a total of 212 sq.m. This broadly accords with the spatial requirements of the Mayor’s ‘Shaping Neighbourhoods: Play and Informal Recreation’ SPG, and would address the doorstep play needs of children under five. However, it is evident that neighbouring Mile End Park will play a key role in terms of meeting the recreational needs of older children within the development. Accordingly the Council is encouraged to consider seeking an additional open space contribution by way of mitigation.

23 Given the characteristics of the site’s location (refer to paragraphs 5 to 8), a high quality, high density mixed use development is appropriate, and the London Plan density matrix (Table 3.2) would suggest a residential density of between 650 to 1,100 habitable rooms per hectare, or, 140 to 405 dwellings per hectare. The proposal is currently 520 dwellings per hectare. Whilst exceeding the range identified by the London Plan, having had regard to the central location, the proposed residential standards and design response to context (refer below) the proposed density is acceptable. Urban design

24 The proposed redevelopment would result in the loss of two early nineteenth century high street buildings, and an early twentieth century cinema building. These buildings do not fall within a Conservation Area, and are not designated heritage assets. Nevertheless, the buildings recall the historic fine grain nature of the area, and, whilst poorly maintained, are of some merit in townscape terms. However, having regard to the submitted heritage assessment (which considers the significance of these buildings), and noting the overall benefits of the development generally (including the provision of housing and affordable housing), GLA officers are of the view that an acceptable case has been made for the loss proposed. Accordingly the application complies with London Plan Policy 7.9.

Tall building

25 As discussed in paragraph 5, this site features prominently at the Mile End Road/Burdett Road street junction, and is located opposite Mile End Park and just to the west of Mile End Underground station. Having regard to the site’s location and importance within the wider urban structure, and the high public transport accessibility level, GLA officers are satisfied that the proposed provision of a tall building (at 15-storeys) is appropriate. Whilst it might typically be preferable to locate the tallest element on the street corner (at the north of the site), GLA officers recognise that various underground constraints (including a tube tunnel and sewer) constrain this. Having carefully considered the proposed approach (which comprises a 4-storey block at the Mile End Road/Burdett Road junction, and a 15 and 8-storey element fronting Burdett Road and Mile End Park), GLA officers support the proposed response. Moreover, the rendered townscape views demonstrate that the building would be of high design quality in line with London Plan Policies 7.6.

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26 The submitted heritage and visual impact assessment demonstrates that the scheme would be visible in various townscape views (including from/in the context of the Ropery Street, Clinton Road, and Tredegar Square conservation areas). However, having considered the proposed views, and mindful of the statutory duty under Section 66 of the 1990 Planning (Listed Buildings and Conservation Areas) Act, GLA officers are of the view that the proposal would provide an appropriate response in townscape terms, and would not cause harm to the character and setting of the designated heritage assets assessed. Accordingly, having regard to the consideration above and the overall architectural quality, GLA officers are satisfied that the application accords with London Plan policies 7.7 and 7.8.

Ground floor

27 The ground floor of the scheme is generally well laid out, with retail units and various entrance cores offering active frontages on all publicly accessible edges of the scheme. However, a sizing disparity is noted between the private and affordable housing entrance lobbies. Whilst it is noted that the private component of the scheme is the most dense (and therefore the private lobby may be more heavily trafficked), the affordable lobby appears disproportionately small. This conflicts with the aims of London Plan Policy 3.9 which seeks to redress social exclusion and strengthen communities identity with their neighbourhoods. Accordingly the applicant is encouraged to review the arrangement of residential entrances, refuse stores and cycle storage with a view to: providing more equitable sizing of affordable and private market residential lobbies; maximising active frontage along Burdett Road; and, allowing for cycle storage areas to be accessed from within the building.

Residential quality

28 Based on the submitted plans GLA officers are of the view that the scheme would deliver a high standard of residential quality. The relatively small floorplate and distribution of cores works well to achieve a high proportion of dual aspect units, and a low number of units sharing the same landing. This is supported in accordance with London Plan Policy 3.5 and the Housing SPG.

Inclusive access

29 The overall approach to access and inclusion is broadly supported in line with London Plan Policy 7.2. However, whilst GLA officers support the proposed 10% provision of wheelchair accessible/adaptable dwellings (and it is acknowledged that the scheme is otherwise car free), the provision of only one on-site disabled car parking space does not accord with Housing SPG standards, as such the applicant should identify appropriate on-street provision (refer to the transport section below). Sustainable development

Energy strategy

30 For the purposes of assessing applications against the carbon dioxide savings target within London Plan Policy 5.2, the Mayor applies a 35% reduction target beyond Part L 2013 of Building Regulations. In accordance with the principles of Policy 5.2 the applicant has submitted an energy statement, setting out how the development proposes to reduce carbon dioxide emissions. In summary the proposed strategy comprises: energy efficiency measures (comprising a range of passive design features and demand reduction measures); a site-wide network driven by gas fired combined heat and power plant (capable of connection to a district heating network

page 6 in future); and, renewable technologies (roof mounted photovoltaic panels). Based on the strategy proposed the scheme would achieve the 35% carbon dioxide saving target. This is supported in principle, however, GLA officers are seeking a number of detailed clarifications with respect to efficiency standards and district networking, in particular.

Climate change mitigation

31 The proposed roofscape offers opportunities for both communal roof gardens and biodiverse green/brown roof areas, and the applicant’s commitment to deliver both such measures is strongly supported in line with London Plan policies 5.10 and 5.11. This green infrastructure, in conjunction with rainwater attenuation tanks, will also support a sustainable urban drainage strategy for the site. These proposals are supported, and the Council is encouraged to secure detailed approval of the various climate change adaptation measures by way of planning condition. Transport

Access and car parking

32 The proposed absence of car parking with the exception of one on-site Blue Badge space, accessed from Wentworth Mews, is supported. However, TfL seeks a swept path analysis to demonstrate that larger vehicles could access this space safely. Furthermore, noting the potential for the scheme to provide up to five wheelchair units through easy adaptation, the applicant should identify the location of other off-site disabled parking spaces in the vicinity.

33 The transport assessment should be updated to reflect current street conditions - including the recent changes that have been delivered as part of the Cycle Superhighway 2 upgrade works (including: a major upgrade of the Burdett Road/Mile End Road junction; an upgrade to the crossing outside of Mile End tube station; banned turns into and out of Burdett Road from A11 Mile End Road; and, the introduction of cycle specific design including segregated cycle tracks, bus stop bypasses and low-level signals).

Trip generation

34 Trip generation assessment should be based on a larger site sample size in order to provide more robust figures (only one comparable site is used currently, and this excludes non- residential floorspace). The applicant should also clarify the overall trip generation figures for the site, disaggregated by residential and non-residential floorspace. Moreover, in order for TfL to assess the impact of non-vehicular trip generation, the applicant should also disaggregate trips by mode. TfL will confirm the impact of the development on the public transport network accordingly, once it has considered these figures.

Cycling

35 The applicant proposes 86 long-stay residential cycle parking spaces in accordance with London Plan minimum standards. However, given that the site is located in close proximity to a wide range of cycle infrastructure, services and facilities, cycling is likely to have a particularly high mode share among residents. Therefore, the applicant is encouraged to increase the overall quantum of cycle parking.

36 The applicant proposes three cycle parking spaces for the commercial development. The location and design of these spaces should be confirmed. 18 visitor cycle parking spaces are also proposed, though the applicant should confirm whether they are for the residential or commercial elements of the development. More generally TfL would welcome discussion on the

page 7 potential use(s) of the commercial floorspace - to inform the level of cycle parking provision required.

Walking

37 The scheme should be accompanied by a pedestrian environment audit (PERS) to identify any necessary improvements to walking routes in the vicinity of the proposed development. TfL can advise on the scope of the PERS as required. In particular, the footway adjacent to the site on Burdett Road is relatively narrow. As such the applicant is encouraged to explore the potential for delivering improvements through Section 106 and 278 agreements accordingly.

Delivery and servicing

38 The applicant proposes a loading bay on Burdett Road. In order for TfL to determine its adequacy, the transport assessment should set out the frequency of predicted deliveries and vehicle size. Given the proximity to a junction with CS2, the number of servicing vehicles attending the site must be regulated to ensure the safety of other road users, in particular pedestrians and cyclists. The completed delivery and servicing plan should therefore be submitted for TfL consideration, and secured as part of the Section 106 agreement. Similarly, a construction logistics plan (CLP), secured via condition or Section 106, should be approved prior to construction commencing on site. The CLP is necessary to ensure the safety of cyclists and pedestrians at this busy transport interchange.

Travel planning

39 Given the scale of the proposed development, the applicant should submit a travel plan statement setting out how travel demand will be managed.

London Underground infrastructure

40 railway and tunnels exist beneath this site, and the red line boundary of the application includes London Underground property. Accordingly TfL has requested the inclusion of planning conditions designed to appropriately safeguard operational infrastructure. The applicant is strongly encouraged to engage in discussions with London Underground on all relevant safeguarding matters in order to progress this scheme.

Mayoral Community infrastructure levy

41 In accordance with London Plan Policy 8.3 the Mayoral Community Infrastructure Levy (CIL) came into effect on 1 April 2012. All new development that creates 100 sq.m. or more additional floorspace is liable to pay the Mayoral CIL. The levy is charged at £35 per square metre of additional floor space in the London Borough of Tower Hamlets.

Local planning authority’s position

42 Tower Hamlets Council is expected to formally consider the application at a planning committee meeting in July/August 2016. Legal considerations

43 Under the arrangements set out in Article 4 of the Town and Country Planning (Mayor of London) Order 2008 the Mayor is required to provide the local planning authority with a

page 8 statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. Unless notified otherwise by the Mayor, the Council must consult the Mayor again under Article 5 of the Order if it subsequently resolves to make a draft decision on the application, in order that the Mayor may decide whether to allow the draft decision to proceed unchanged, or direct the Council under Article 6 of the Order to refuse the application, or issue a direction under Article 7 of the Order that he is to act as the local planning authority for the purpose of determining the application and any connected application. There is no obligation at this present stage for the Mayor to indicate his intentions regarding a possible direction, and no such decision should be inferred from the Mayor’s statement and comments.

Financial considerations

44 There are no financial considerations at this stage. Conclusion

45 London Plan policies on housing, urban design, inclusive access, sustainable development and transport are relevant to this application. Whilst the scheme is broadly supported in strategic planning terms the application does not yet fully comply with the London Plan as set out below.

 Principle of development: The proposed high density residential-led mixed use redevelopment would capitalise on the opportunity presented by this highly accessible yet underutilised site in line with London Plan Policy 3.3 and the Tower Hamlets Core Strategy.  Housing: The proposed housing provision (including 35% affordable by habitable room) needs to be robustly examined, including: independent verification of the maximum reasonable amount of affordable housing; an assessment as to whether additional development could increase the provision of affordable housing; and, a review of tenure split in line with London Plan policies 3.11 and 3.12.  Urban design: The proposed loss of existing nineteenth and twentieth century buildings is acceptable, and overall the design of this tall building is broadly supported. However, a review of the ground floor is sought to: ensure more equitable sizing of affordable and private market residential lobbies; maximise active frontage; and, improve bike store access the applicant is advised to revisit the arrangement of residential entrances, refuse stores and cycle storage to ensure accordance with London Plan policies 3.9 and 7.1.  Inclusive access: The approach to access and inclusion is broadly supported in line with London Plan Policy 7.2.  Sustainable development: The proposed energy strategy and climate change adaptation measures are broadly supported in strategic planning terms. Following the conclusion of discussions on the energy strategy, the Council is encouraged to secure the associated energy and adaptation details by way of planning condition in accordance with London Plan polices 5.2, 5.10, 5.11, 5.13 and 7.19.  Transport: Whilst the scheme is generally acceptable in strategic transport terms, issues with respect to: access and car parking; trip generation; cycling; walking; delivery and servicing; travel planning; and, London Underground infrastructure and assets should be addressed in line with London Plan policies 6.3, 6.9, 6.10, 6.13 and 6.14.

46 The resolution of the outstanding issues above could lead to the application becoming compliant with the London Plan.

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for further information, contact GLA Planning Unit (Development & Projects Team): Stewart Murray, Assistant Director - Planning 020 7983 4271 email [email protected] Colin Wilson, Senior Manager – Development & Projects 020 7983 4783 email [email protected] Justin Carr, Strategic Planning Manager (Development Decisions) 020 7983 4895 email [email protected] Graham Clements, Senior Strategic Planner (case officer) 020 7983 4265 email [email protected]

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