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PDU Case Report XXXX/Yydate planning report PDU/2294/02 26 August 2009 St James’s Gateway, Piccadilly in the City of Westminster planning application no. 09/01102/FULL 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 Part demolition and redevelopment to provide 7,855 sq.m. office floorspace, fifteen residential units and 2,558 sq.m. retail floorspace. The applicant The applicant is The Crown Estate, and the architect is Eric Parry Architects. Strategic issues The issues raised regarding affordable housing, children’s play space, design, inclusive design, climate change mitigation and adaptation, and transport have, on balance, all been satisfactorily addressed. Recommendation That Westminster City 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. Context 1 On 6 April 2009 the Mayor of London received documents from Westminster City 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 3E of the Schedule to the Order 2008: ”Development which does not accord with one or more provisions of the development plan in force in the area in which the application site is situated and comprises or includes the provision of more than 2,500 sq.m. of class A1 (retail) and class B1 (business) floorspace”. 2 On 13 May 2009 the Mayor considered planning report PDU/2294/01, and subsequently advised Westminster City Council that the application did not comply with the London Plan, for the reasons set out in paragraph 75 of the above-mentioned report; but that the possible remedies set out in paragraph 77 of that report could address these deficiencies. In addition to the comments made within the report, the Mayor requested further computer generated images of the proposed development, particularly taken from closer to the page 1 development than those within the submission documents, and considered that the facade facing Jermyn Street requires further architectural expression. 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 6 August 2009 Westminster City Council decided that it was minded to grant planning, and on 17 August 2009 it advised the Mayor of this decision. 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 or direct Council under Article 6 to refuse the application. The Mayor has until 30 August 2009 to notify the Council of his decision and to issue any direction. 4 The decision on this case, and the reasons will be made available on the GLA’s website www.london.gov.uk. Update 5 At consultation stage Westminster City Council was advised that the application did not comply with the London Plan, for the reasons set out in paragraph 75 of the above-mentioned report; but that the possible remedies set out in paragraph 77 of that report could address these deficiencies: • Housing: The Council was required to secure an appropriate payment in lieu towards off- site affordable housing. • Inclusive design: The applicant was required to demonstrate that all of the residential units comply with the sixteen Lifetime Homes standards (providing detailed justification when standards are not met), and that 10% of the units will be wheelchair accessible, or easily adaptable. In addition, the applicant was required to provide further information to justify the provision of steps within the development, including the rationale for the rejection of any possible mitigation measures. • Climate change mitigation and adaptation: The applicant was required to submit an appraisal of the proposals against the requirements of the London Plan SPG Sustainable Design and Construction, and policies 4A.3, 4A.14 and 4A.16. The applicant was also required to submit revised carbon calculations based on whole energy use, further information regarding the proposed heating and cooling system, and how the renewable technologies proposed will operate with this system, and demonstrate that renewables have been maximised. • Transport: The applicant was required to submit a more detailed travel plan, and a construction logistics and delivery and servicing plan, and to investigate whether further visitor cycle facilities could be provided. The applicant was also required to assess the surrounding bus stops to determine whether improvements are required. In addition, the applicant was required to make a contribution towards Crossrail. 6 Further information was also required with regard to children’s play space. 7 In addition to the comments made within the consultation report, as detailed in the accompanying letter, the Mayor requested further computer generated images of the proposed development, particularly taken from closer to the development than those within the submission documents, and considered that the facade facing Jermyn Street requires further architectural expression. page 2 Update 8 The applicant has provided additional information regarding design, inclusive design, children’s play space and climate change mitigation and adaptation, which largely addresses the concerns raised at consultation stage. In addition the Council has secured a £572,656 financial contribution towards the provision of off-site affordable housing. This is in accordance with the Council’s affordable housing formula and is acceptable. 9 The applicant has provided additional images, architectural drawings and a model to demonstrate the architectural detail on the Jermyn Street frontage and to assist in the Mayor’s assessment of the Piccadilly frontage. On balance, the application is considered to accord with London Plan policies relating to design. 10 The applicant has confirmed that the residential units within the western section of the application site will meet all sixteen Lifetime Homes criteria and that where possible the units within the listed Regent Street block will also meet the criteria. Where elements of the Lifetime Homes criteria will not be met in the Regent Street block the applicant has provided acceptable justification based on the constraints of the listed building. In addition, the applicant has confirmed that 10% of the residential units will be capable of adaptation for a wheelchair user. These units will be located in the western section of the site, due to the constraints within the Regent Street block. The applicant has also provided a more detailed justification for the proposed entrance at Regent Street and the use of steps within the office element on levels one to three, both of which raised concern at consultation stage. It is accepted that the constraints of the building, as detailed by the applicant, have resulted in the proposed arrangements. 11 The applicant has also provided additional information regarding climate change mitigation and adaptation, which largely addresses comments made at consultation stage. Whilst it is disappointing that the applicant did not provide sufficient information regarding maximizing the proposed energy efficiency measures, on balance the energy strategy accords with London Plan policy and is acceptable. Transport for London 12 Transport for London raised a number of concerns at consultation stage. These included a requirement for additional visitor cycle parking spaces on-street, a bus stop audit survey, a full travel plan and a financial contribution towards Crossrail. A delivery and servicing plan and a construction logistics plan were also requested. 13 TfL has agreed with the applicant a contribution of £100,000 towards Crossrail. This equates to 25% of the standard tariff outlined within the draft SPG ‘Use of planning obligations in the funding of Crossrail’. Although not included within the draft heads of terms outlined in the Council’s committee report, the Council has subsequently provided written confirmation that this will be included within the s.106 agreement once finalised. The applicant has also provided written confirmation that it will make the contribution. 14 At consultation stage TfL requested that the applicant carry out a bus stop audit in the vicinity of the site to identify any bus stops in need of upgrading to meet TfL’s ‘Accessible bus stop design guidance’. As requested, the applicant carried out an assessment and consequently a contribution of £21,300 towards upgrading bus stops has been agreed. As with the Crossrail contribution, this contribution was not included within the draft heads of terms of the s.106 in the Council’s committee report. However, the applicant and the Council have since provided written assurances that this payment will be adequately secured. 15 The applicant has confirmed to TfL that it will not be possible to provide additional visitor cycle parking on-street, as it is already committed to a programme of public realm improvements around the site, which will include the removal of street-level clutter. As a result, the applicant has page 3 committed to providing a further four visitor cycle parking spaces in the basement. This is acceptable and accords London Plan policy 3C.22 Improving conditions for cycling. 16 A delivery and servicing plan, and a construction logistics plan have been agreed with the applicant. This is welcomed by TfL and is in compliance with London Plan Policy 3C.25 Freight Strategy. However it is disappointing that the Council has not secured these measures, or a full travel plan, through the legal agreement or condition. 17 On balance the proposal accords with London Plan policies relating to transport. Response to consultation 18 The Council consulted various statutory and non-statutory organisations as well as local occupiers/owners.
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