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Granada Cinema, Victoria Public House and 186A and 186B Hoe

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Granada Cinema, Victoria Public House and 186A and 186B Hoe Ms J Andrews Our Ref: APP/U5930/E/11/2165344 Howard Sharp and Partners LLP APP/U5930/A/11/2165348 125 High Street APP/U5930/A/12/2183662 Sevenoaks Kent Your ref: JEA/DS.7131 TN13 1UT 22 May 2013 Dear Madam TOWN AND COUNTRY PLANNING ACT 1990 – SECTION 78 PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990 APPEALS BY THE INCORPORATED TRUSTEES OF THE UCKG HELPCENTRE THE FORMER GRANADA CINEMA, 186 HOE STREET, THE VICTORIA PUBLIC HOUSE AND 186a and 186b HOE STREET, WALTHAMSTOW, E17 4QH APPLICATION REFs: 2009/1049/LB, 2009/1048 and 2012/0764 1. I am directed by the Secretary of State to say that consideration has been given to the report of the Inspector, Paul Griffiths BSc(Hons) BArch IHBC, who held a public local inquiry between 29 November 2012 and 19 December 2012, into your client’s appeals against the refusal of the Council of the London Borough of Waltham Forest (“the Council”): Appeal A: to grant listed building consent for use of the former Granada Cinema, 186 Hoe Street, the Victoria Public House and 186a & 186b Hoe Street to include religious, community/assembly, café and retail uses (A1/A3/D1/D2) along with alterations and restoration of the Grade II* listed building, side and rear extensions, and associated plant, servicing and works; Appeal B: to grant planning permission for use of the former Granada Cinema, 186 Hoe Street, the Victoria Public House and 186a & 186b Hoe Street to include religious, community/assembly, café and retail uses (A1/A3/D1/D2) along with alterations and restoration of the Grade II* listed building, side and rear extensions, and associated plant, servicing and works; Appeal C: redevelopment proposals and associated alterations and works including change of use to mixed use development comprising religious, community, cinema, café and retail uses (D1/D2/A3/A1 Use Classes) with ancillary residential accommodation comprising two x 2 bed and three x 1 bed units. 2. On 17 February 2012 the appeal was recovered for the Secretary of State's determination, in pursuance of section 79 of, and paragraph 3 of Schedule 6 to, the Jean Nowak, Decision Officer Tel 0303 444 1626 Planning Casework Division Email [email protected] Department for Communities and Local Government 1/H1, Eland House Bressenden Place London, SW1E 5DU Town and Country Planning Act 1990, because the appeals involve proposals giving rise to substantial regional or national controversy. Inspector’s recommendation and summary of the decision 3. The Inspector, whose report is enclosed with this letter, recommended that the appeals be dismissed and planning permission refused. For the reasons given in this letter, the Secretary of State agrees with the Inspector’s recommendations. All paragraph numbers, unless otherwise stated, refer to the Inspector’s report (IR). Procedural matters 4. The Secretary of State notes that Appeals A and B are seeking listed building consent and planning consent respectively for the same scheme (IR1.2), and that the application for listed building consent for the Appeal C scheme has not been determined and remains with the Council (IR1.3). For the reasons given at IR1.4-1.6, the Secretary of State agrees with the Inspector’s interpretations of the descriptions of works and development and is satisfied that nobody’s interests have been prejudiced by the application of this clarification. 5. The application for costs (IR1.13) made by the appellants at the Inquiry in relation to Appeal C is the subject of a decision letter which will be issued separately by the Secretary of State. Matters arising after the close of the inquiry 6. Following the close of the inquiry, the Secretary of State received representations from those listed at Annex A. The Secretary of State has given careful consideration to this correspondence, but is satisfied that it does not raise any new issues not covered at the inquiry and upon which he requires further information. Copies of this correspondence may be obtained, on written request, from the address at the bottom of the first page of this letter. Policy Considerations 7. In deciding this 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. In this case, the development plan comprises the London Plan (LP, July 2011), the saved policies from the Waltham Forest Unitary Development Plan (March 2006) and the Waltham Forest Local Plan Core Strategy (CS, adopted in March 2012). 8. Other material considerations which the Secretary of State has taken into account include the National Planning Policy Framework (the Framework) and the associated Technical Guidance (March 2012); Circular 11/95: Use of Conditions in Planning Permission; and Planning for Equality and Diversity in London: Supplementary Planning Guidance to the LP (October 2007). The Secretary of State has also had regard to emerging policy in the Waltham Forest Local Plan: Development Management Policies, to which he gives some weight. 9. In deciding these applications, the Secretary of State has paid special attention to the desirability of preserving the listed building and its setting and any features of special architectural or historic interest it possesses, as required under the provisions of sections 16 and 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990. Main Considerations 10. The Secretary of State agrees with the Inspector that the main issues are those set out at IR12.2 and, for the reasons given at IR12.3-12.4, he also agrees that Walthamstow Town Centre is in sore need of regeneration and that the re-use of the Granada Cinema presents a unique opportunity to bring wider benefits to the town centre and the community. The Secretary of State also agrees with the Inspector (IR12.5) that the nearby Arcade site is of central importance to the regeneration of the town centre; and he notes that, since the close of the inquiry, the Council has granted planning permission for a scheme on that site including housing, restaurants and a cinema. Given that the Council’s intention to grant permission was discussed at the inquiry into these appeal schemes, the Secretary of State does not consider that the granting of permission for the Arcade site raises any new issues upon which it is necessary to refer back to the parties. Development Plan 11. The Secretary of State agrees with the Inspector that the appeal schemes can draw support from a number of development plan policies (IR12.59) whilst both appeal schemes and a scheme of the type being devised by the Waltham Forest Cinema Trust (WFCT) would fail to comply with the development plan in terms of harm to the special architectural and historic interest of the listed building (IR12.60). However, like the Inspector, the Secretary of State considers this failure to be inevitable given that all parties have agreed that use purely as a cinema is not a viable option. Furthermore, the Secretary of State agrees with the Inspector (IR12.61-12.64) that the type of scheme being devised by the WFCT would be more beneficial in terms of capitalising on the opportunity presented by the building and maximising the contribution it could make to future economic growth. The Secretary of State therefore concludes that such a scheme would achieve closer conformity with the development plan and the Framework than either of the appeal schemes. Social and economic considerations 12. For the reasons given at IR12.6-12.22, the Secretary of State agrees with the Inspector at IR12.23 that either of the Appeal B or C schemes would bring social benefits that would, in their way, act in a regenerative fashion; but that the claimed economic benefits are not based on solid foundations – especially in the context of their relationship to the Arcade scheme. In particular, the Secretary of State agrees with the Inspector (IR12.21) that the Appeal C scheme would carry with it more benefit to the town centre than the Appeal B scheme, but that the Appeal C scheme is unlikely to proceed if the Arcade scheme goes ahead or, if it did, it would prejudice delivery of the Arcade scheme. The Secretary of State agrees with the Inspector that that would result in the loss of the economic benefit which the Arcade scheme would bring to the town centre. 13. Turning to the WFCT proposals (IR12.24-12.41), the Secretary of State notes at the outset that no application for planning permission or listed building consent has been made to the Council (IR12.24). Therefore, although the Inspector considers the presence of the WFCT proposals to be a significant material consideration, the Secretary of State considers that, while the WFCT proposals demonstrate the potential economic and regenerative benefit which such a scheme could bring, Appeals B and C need to be considered on their own merits. The Secretary of State therefore gives little weight to the Inspector’s detailed consideration of the scope for acquisition of the site for use by WFCT (IR12.26-12.29) or the funding of the WFCT scheme (IR12.30-12.33). However, the Secretary of State does consider that the spend figures for the WFCT schemes put forward by the Council provide a useful indicator that a proposal along the lines of such a scheme should be capable of bringing significantly greater economic benefit to the town centre than either of the appeal schemes under consideration (IR12.40). 14. The Secretary of State has also taken account of the Inspector’s conclusions on the potential relationships between the Arcade site scheme, both appeal schemes and the type of scheme put forward by the WFCT (IR12.41).
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