Called-In Decision: Shell Centre, 2-4 York Road, Lambeth (Ref: 2205181, 5 June 2014)
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Victoria Du Croz Our Ref: APP/N5660/V/13/2205181 Hogan Lovells LLP APP/N5660/V/13/2205182 Atlantic House APP/N5660/V/13/2205183 50 Holborn Viaduct APP/N5660/V/13/2205185 London Your Ref: C2/DUCROZVI/MG/4127998 EC1A 2FG 5 June 2014 Dear Madam, TOWN AND COUNTRY PLANNING ACT 1990 – SECTION 77 PLANNING (LISTED BUILDING AND CONSERVATION AREAS) ACT 1990 APPLICATIONS BY BRAEBURN ESTATES LIMITED PARTNERSHIP AND SHELL PETROLEUM COMPANY LIMITED AT THE SHELL CENTRE, YORK ROAD, LONDON APPLICATION REFERENCES 12/04708/FUL, 12/04699/FUL, 12/04701/LB AND 12/04702/CON 1. I am directed by the Secretary of State to say that consideration has been given to the report of the Inspector, John Braithwaite BSc(Arch) BArch (Hons) RIBA MRTPI, who held a public local inquiry which sat for 11 days between 21 November and 12 December 2013 into your client's applications in relation to the Shell Centre, York Road, London as follows: Application A (APP/N5660/V/13/2205181): a planning application for the part demolition of Shell Centre comprising Hungerford, York and Chicheley wings, upper level walkway, removal of raised podium deck, associated structures and associated site clearance to enable a mixed use development of 8 buildings ranging from 5 to 37 storeys in height and 4 basement levels to provide up to 218,147m2 of floorspace (GIA), comprising offices (B1), residential (C3) (up to 877 units), retail (A1-A5), leisure (D2) and community/leisure uses (D1/D2), parking and servicing space, hard and soft landscaping together with the provision of a new public square, highway and landscaping works to Belvedere Road, Chicheley Street and York Road, modifications to York Road Underground station, 2 link bridges from new buildings to the existing Shell Centre Tower, reconfiguration of York Road footbridge if retained, creation of new vehicular James Henderson Tel: 0303 444 1632 Department for Communities and Local Government Email: [email protected] Planning Casework Division, 1/H1, Eland House Bressenden Place London SW1E 5DU access and other associated works, in accordance with application reference 12/04708/FUL dated 13 December 2012; Application B (APP/N5660/V/13/2205182): a planning application for external alterations to Shell [Centre] Tower to integrate the building with redevelopment works on the Shell Centre site following demolition of existing wings, works to include recladding exposed elements of building façade and integration of two new link bridges and associated development in accordance with application reference 12/04699/FUL dated 13 December 2012; Application C (APP/N5660/V/13/2205183): an application for listed building consent for the dismantling and removal of Grade II listed Franta Belsky fountain from existing Shell Centre courtyard and the temporary safe storage and resiting of the fountain to new location in accordance with application reference 12/04701/LB dated 13 December 2012; Application D (APP/N5660/V/13/2205185): an application for conservation area consent for the part demolition of Shell Centre comprising Hungerford, York and Chicheley wings, upper level walkway, removal of raised podium deck, associated structures and associated site clearance in accordance with application reference 12/04702/CON dated 13 December 2012. 2. On 3 September 2013 the Secretary of State directed, in pursuance of section 77 of the Town and Country Planning Act 1990, that the applications be referred to him instead of being dealt with by the relevant planning authority, the London Borough of Lambeth (the Council). Inspector’s recommendation and summary of the decision 3. The Inspector recommended that: planning permission is granted for Applications A and B, subject to conditions; listed building consent is granted for Application C, subject to conditions; and conservation area consent is granted for Application D, subject to conditions. For the reasons given below, the Secretary of State agrees with the Inspector’s conclusions and agrees with his recommendations. 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. In reaching this position the Secretary of State has taken into account the Environmental Statement which was submitted (IR1.5) and the Town and Country Planning (Environmental Impact Assessment) Regulations 2011. 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 applications. Matters arising after the close of the inquiry 5. The Secretary of State wrote on 20 March 2014 to the main inquiry parties, inviting comment on the implications of the recent Court of Appeal decision in Barnwell Manor Wind Energy Limited v East Northamptonshire District Council and others [2014] EWCA Civ 137 for this case; and on the Planning Guidance which was published on 6 March 2014. The responses received were circulated to the main parties for further comment on 11 April 2014. In coming to his decision on the applications before him the Secretary of State has taken into account the representations received in this respect which are listed at Annex E to this letter. 6. The Secretary of State is also in receipt of the correspondence listed at Annex F which was either received following the close of the inquiry or otherwise not seen by the Inspector. He has carefully considered this correspondence but is satisfied that it does not raise any new issues which affect his decision. Copies of the representations referred to in paragraphs 5 and 6 above are not enclosed but may be obtained on written request to the address at the foot of the first page of this letter. Policy considerations 7. In deciding the planning applications, 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 2011 London Plan as amended by the Revised Early Minor Alterations published in October 2013 (the LP), the 2011 Lambeth Development Framework Core Strategy (the CS) and saved policies of the 2007 Lambeth Unitary Development Plan (the UDP). The Secretary of State considers that the development plan policies most relevant are those identified by the Inspector at IR7.4-7.14. 9. Other material considerations which the Secretary of State has taken into account include the National Planning Policy Framework (the Framework), the Planning Guidance, the Community Infrastructure Levy (CIL) regulations and the supplementary planning and other guidance identified by the Inspector at IR8.1- 8.15. The Secretary of State is aware that the Mayor published for consultation draft Further Alterations to the London Plan in January 2014 and also that the Council submitted the Lambeth Local Plan Proposed Submission for examination in March 2014. Prior to their respective independent examinations the Secretary of State gives no more than limited weight to these documents. 10. In accordance with sections 16(2) and 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the LB Act), the Secretary of State has paid special regard to the desirability of preserving those listed structures potentially affected by the applications before him or their settings or any features of special architectural or historic interest which they may possess. The Secretary of State has also paid special attention to the desirability of preserving or enhancing the character or appearance of conservation areas, as required by section 72(1) of the LB Act. Main issues 11. The Secretary of State considers that the main issues in this case are those identified by the Inspector at IR16.1. The extent to which the proposed development is consistent with Government policies requiring good design 12. The Secretary of State agrees with the Inspector’s reasoning and conclusions on design issues at IR16.2-16.33. Like the Inspector he considers that the proposed redevelopment would redress the current impermeability of the site (IR16.11), and also that the principle of including tall buildings in the proposed development accords with policies set out in the LP, the CS and UDP and the Waterloo Opportunity Area Planning Framework (WOAPF) (IR16.8). He also shares the Inspector’s view (IR16.18) that the proposed development would be high quality design and in this respect accords with LP policy 7.6, CS policy S9, saved UDP policy 40 and he Waterloo Area Supplementary Planning Document (WASPD). 13. Like the Inspector (IR16.30) the Secretary of State is also satisfied that the proposed development, in layout, scale and form, is appropriate in context, particularly in the context of its proximity to Waterloo Station, which affords uses on the site high public transport accessibility and in this respect it accords with LP policy 2.13, CS policies S9 and PN1, and saved UDP policies 31 and 40, and with guidance in the WASPD and the WOAPF. 14. In conclusion on design the Secretary of State agrees with the Inspector (IR16.33) that the proposed development constitutes high quality and therefore good design, and would make the Waterloo Area better for people, including current and future residents, workers and visitors and that the development thus accords with paragraph 56 and Section 7 of the Framework. The extent to which the proposed development is consistent with Government policies in planning for the conserving and enhancing of the historic environment including the impact on the Palace of Westminster, Westminster Abbey and St Margaret’s Church World Heritage Site (WWHS) 15. The Secretary of State agrees with the Inspector’s reasoning and conclusions on the historic environment at IR16.34-16.59.