Planning, Design and Access Statement Underbelly Cavendish Square

APRIL 2021 Q210207

Contents

1 Introduction ______1 2 Site and Surrounding Area ______3 3 Planning Policy Overview ______6 4 The Proposals ______13 5 Design and Access ______16 6 Key Planning Considerations ______18 7 Conclusions ______22

Figure 1 Proposed Site Plan ______14

No table of figures entries found.

Quod | Underbelly Cavendish Square | Planning, Design and Access Statement | April 2021

1 Introduction

1.1 This Planning Statement has been prepared by Quod in support of an application for planning permission and advertisement consent, submitted to Westminster City Council (‘WCC’) on behalf of Underbelly Limited (‘the Applicant’). In summary, this submission seeks consent for the following:

• Temporary planning permission for a Spiegeltent touring structure, a box office, a bar area, 8 catering units, toilets, storage, outdoor seating areas and fencing in conjunction with Underbelly Summer Event 2021 on Cavendish Square over the Summer period (14 June 2021 – 8 October 2021); and

• Temporary advertisement consent for associated signage for the pop-up Summer Event for the same time period identified above, which include all installation and de-installation periods.

1.2 The application site comprises the open space at Cavendish Square, Marylebone, London, W1G 0PR (‘the Site’), which is located a short distance north of Oxford Street and west of Regent Street. The site is bound on all four sides by a mix of office, commercial, health and education uses.

The Applicant

1.3 Underbelly is a UK based live entertainment company and its festival and events division produce numerous annual events. These events include Underbelly at the Edinburgh Festival Fringe, Underbelly Festival on London’s Southbank (Summer and Winter Festivals), Underbelly Festival Hong Kong, Edinburgh’s Christmas and Edinburgh’s Hogmanay on behalf of the City of Edinburgh Council. Most notably in relation to this application, Underbelly also produced Christmas in Leicester Square, Christmas in Trafalgar Square and West End Live in Trafalgar Square on behalf of the Society of London Theatre and Westminster City Council.

1.4 Through its Underbelly Productions arm, it produces and promotes live theatre in London’s West End, throughout the UK and on tour internationally.

Description of the Development

1.5 Specifically, planning permission is sought for the following:

“Planning permission for a period from 14 June to 8 October 2021 for the temporary erection (including installation and de-installation) of a Spiegeltent touring structure (with an internal capacity of approximately 650 seated or 800 standing), a box office, a bar area, 8 catering units, toilets, storage, outdoor seating areas and fencing in conjunction with Underbelly Summer Event 2021 at Cavendish Square.”

1.6 In parallel, advertisement consent is sought for the following:

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“Temporary display of signage at Cavendish Square in association with the pop- up Summer Event over the periods between 14 June to 8 October 2021 (dates include all installation and de-installation periods).”

Scope of Applications

1.7 Prior to submission, the scopes and contents of these applications have been agreed with WCC Events and Planning Officers and comprise the following application documents:

• Cover letter – includes a list of all drawings submitted for approval (Appendix 1);

• Combined planning and advertisement consent application form, ownership certificates and notices.

• Completed CIL: Planning Application Additional Information Requirement Form which confirms that ‘floorspace’ created is temporary and is therefore not CIL liable (Reg. 5(2) 2010);

• Site Location (i.e. ‘red line’) plan (UB-CSS-21-001) (1:1250 @A3);

• Complete set of planning drawings including existing and proposed plans and elevations (including drawings of proposed advertisement) – full list of drawings set out in the Cover Letter;

• Planning, Design and Access Statement;

• Operating Event Management Plan; and

• Arboricultural Method Statement.

1.8 The proposed temporary development will not increase the area of hard standing on the site and will be integrated with the existing surface water drainage system. As such, the proposed installations would not be subject to any risk of flooding and, therefore, a flood risk assessment is not considered to be required.

1.9 Given the proposal does not require any groundworks to be undertaken, the proposed temporary installations will have no impact on archaeology. As such, an archaeological assessment is not considered to be required.

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2 Site and Surrounding Area

2.1 This section of the planning statement describes the application site and surrounding area and provides a summary of the Site’s planning history.

Site and surrounding area

2.2 The application site comprises Cavendish Square, which is located in the heart of Westminster to the north of Oxford Street and west of Regent Street. It is a large, grassed area, with paved walkways traversing the site diagonally from north-west to south-east and north-east to south- west.

2.3 The Site is currently laid out as an area of public realm. It is popular with visitors to Oxford Street and Regent Street as well as leisure space for employees and residents of nearby offices and homes.

2.4 Although immediately bound by a circular road known as Cavendish Square, beyond that the site is bound by Henrietta Place/Margaret Street to the south, the A5204 to the north and a series of offices buildings to the east and west.

2.5 The buildings surrounding the Site are predominantly commercial, with retail stores being to the south and offices to the north, east and west. The buildings are generally mid-rise, at around 6 storeys, with some exceptions including 33 Cavendish Square which stands at 21 storeys, which is located to the south east of the site.

2.6 The Site is sensitive in heritage terms, being located within the Harley Street Conservation Area and within the setting of numerous heritage assets. The buildings to the south are of relatively little architectural value but there are several Grade II or II* Listed Buildings to the north, east and west. These buildings include:

• Royal College of Nursing (Grade II) • 3 Cavendish Square (Grade II*) • 4 Cavendish Square (Grade II) • Harcourt House (Grade II) • Statue of Lord George Bentinck (at south end of Square Garden) (Grade II) • 1, 3 and 5 Harley Street (Grade II) • 4 Harley Street (Grade II) • 15 Cavendish Square (Grade II) • 16 Cavendish Square (Grade II0 • 2 Harley Street (Grade II) • 1 and 1A Cavendish Square (Grade II) • 17 Cavendish Square (Grade II)

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• Bridge (Grade II*) • Number 7 and Attached Railings (Grade II) • 5 Cavendish Square (Grade II) • 18 Cavendish Square (Grade II*) • 12 Cavendish Place (Grade II) • 14 Cavendish Place (Grade II)

2.7 This list includes those listed buildings in immediate surround of the site, but there are numerous other listings in close proximity.

2.8 The site is well served in terms of public transport and local facilities. The Transport for London Public Transport Accessibility Level (PTAL) for the Site is 6b (excellent- the highest rating), which has been determined on the basis that the Site is within 5 minutes walk of Oxford Circus and Bond Street tube stations as well as an extensive number of bus stops.

2.9 The site is also located within the Core Central Activities Zone, as per Westminster City Plan 2016.

2.10 Beneath the site is an area for underground vehicle parking, providing spaces for over 400 cars, operated by Q-Park.

2.11 A Site Location Plan is included below (Figure 1).

Figure 1 Site Location Plan

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Planning History

2.12 Of key importance is the application submitted in October 2019 for the redevelopment of the underground car park. The development (application reference 19/08460/FULL) proposes:

“Demolition and erection of above ground structures in conjunction with the use of an underground car park (Sui Generis) as a flexible mixed use commercial development comprising uses within the following use classes A1-A5, B1, B2, B8, C1, C2, D1, and D2 along with the excavation of a 4th basement level, new entrances and associated landscaping and highways works to provide up to 25,953 sqm (GIA) of floorspace”.

2.13 The application has resolution to grant, subject to the agreement of the S106 and the views of the Mayor of London.

2.14 The proposals will see the closure of the car park and feeder roads and reuse of the structure as a four-storey state of the art development. New uses will be introduced, and the public realm will be enhanced and increased.

2.15 The proposed Underbelly development will not conflict with the proposed development for the car park, given its temporary nature.

2.16 There is no other recent relevant planning history for the Site.

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3 Planning Policy Overview

3.1 In accordance with Section 38(6) of The Planning and Compulsory Purchase Act (2004), planning applications should be determined in accordance with the development plan unless other material considerations indicate otherwise.

3.2 The statutory Development Plan for Westminster City Council comprises the London Plan (adopted March 2021), policies contained within Westminster’s City Plan (adopted in November 2016) and saved policies of the Unitary Development Plan (2007). Other material considerations include the National Planning Policy Framework (NPPF) (February 2019), the National Planning Practice Guidance (PPG) and Westminster’s City Plan (Intend to Adopt).

National Planning Policy Framework (NPPF) (February 2019)

3.3 The Government published the revised NPPF on 19 February 2019. The revised NPPF came into force immediately and replaces the previous NPPF published in March 2012 and revised in July 2018.

3.4 At the heart of the NPPF is a presumption in favour of sustainable development. It also notes that good design is a key aspect of sustainable development, creates better places in which to live and work and helps make development acceptable to communities (para 124).

3.5 The NPPF goes on to state that it is important to plan positively for the achievement of high quality and inclusive design for all development, including individual buildings, public and private spaces and wider area development schemes (para 127).

3.6 With regards to the conservation and enhancement of historic environment and assets, paragraph 194 of the NPPF states:

“Any harm to, or loss of, the significance of a designated heritage asset (from its alteration or destruction, or from development within its setting), should require clear and convincing justification. Substantial harm to or loss of […] assets of the highest significance, notably scheduled monuments, protected wreck sites, registered battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional.”

3.7 Where a development proposal will lead to less than substantial harm to the significance of a designated heritage assets, local authorities should weigh this less than substantial harm against the public benefits of the proposal (para 196).

3.8 Paragraph 92 relates to social, recreational and cultural facilities and services that the community needs. This guidance states that planning policies and decisions should, inter alia, plan positively for the provision and use of shared space and community facilities, such as meeting places, cultural buildings and public houses, to enhance the sustainability of communities and residential areas.

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3.9 Paragraph 95 recognises that planning decisions should promote public safety and take into account wider security and defence requirements, particularly in locations where large numbers of people are expected to congregate.

3.10 With regards to advertisement control, paragraph 132 of the NPPF states that only those advertisements which will clearly have an appreciable impact on a building on their surroundings should be subject to the local planning authority’s detailed assessment. Advertisements should be subject to control only in the interests of amenity and public safety, taking account of cumulative impacts.

National Planning Practice Guidance (PPG) (2014 as amended)

3.11 The National Planning Practice Guidance (PPG) was launched on 6 March 2014 and provides additional guidance in support of the NPPF.

3.12 Section 18a of the PPG provides more detail in support of the conservation of the historic environment. Paragraph 020 (reference ID: 18a-020-20140306) recognises that public benefits may follow from many developments and could be anything that delivers economic, social or environmental progress as described in paragraph 7 of the NPPF. Public benefits should flow from the proposed development and be of nature / scale to be of benefit to the public at large.

Regional Planning Policy

The London Plan 2021

3.13 Following extensive consultation and examination, the London Plan was adopted in March 2021. The plan sets out the strategic planning framework for London within which individual Boroughs must prepare policies and against which major planning applications will be determined.

3.14 Policy GG5 (Growing a good economy) seeks to conserve and enhance London’s global economic competitiveness by promoting the strength and potential of the wider city region, as well as supporting London’s rich heritage and cultural assets, and its role as a 24-hour city.

3.15 Policy SD4 (The Central Activities Zone (CAZ)) states that the unique concentration and diversity of cultural facilities should be promoted and enhanced. Further the vitality, viability, adaptation and diversification of the leisure destinations of the West End should be supported. The policy emphasises the importance of the CAZ as the vibrant heart of the global-iconic core of London.

3.16 Policy D3 (Optimising site capacity through the design-led approach) requires development proposals to ensure the design of places address the following requirements:

“1) enhance local context by delivering buildings and spaces that positively respond to local distinctiveness through their layout, orientation, scale, appearance and shape, with due regard to existing and emerging street hierarchy, building types, forms and proportions;…

5) achieve safe and secure and inclusive environments;…

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9) help prevent or mitigate the impacts of noise and poor air quality; and

10) achieve indoor and outdoor environments that are comfortable and inviting for people to use.”

3.17 Policy E9 (Retail, markets and hot food takeaways) supports London’s markets in their full variety and in particular where they contribute to the vitality of town centres and the CAZ.

3.18 Policy E10 (Visitor Infrastructure) recognises that the visitor economy and associated employment should be strengthened by enhancing and extending attractions.

3.19 Policy HC1 (Heritage conservation and growth) states that development affecting heritage assets and their settings should conserve their significance, by being sympathetic to the assets significance and appreciation with their surroundings. Development proposals should also manage cumulative impacts of incremental change on heritage assets and their settings.

3.20 Policy HC5 (Supporting London’s culture and creative industries) supports the continued growth and evolution of London’s cultural facilities and creative industries. Development proposals for new cultural venues is supported in places with good public transport connective and town centres. This policy also promotes the consideration of the use of vacant property and land for pop-ups or meanwhile uses.

3.21 Paragraph 7.5.7 sets out some supporting text in relation to Policy HC5. It states that development should “support opportunities to use vacant buildings and land for flexible and temporary meanwhile uses or ‘pop-ups’ especially for alternative cultural day and night-time uses.” It recognises that the temporary use of spaces for cultural and creative uses can help stimulate vibrancy, vitality and viability in town centres. It also acknowledges that such meanwhile uses can generate a source of revenue for the local economy.

3.22 Policy D5 (Inclusive Design) requires all new development in London to achieve the highest standards of accessible and inclusive design. The following requirements are set out:

“Development proposal should achieve the highest standards of accessible and inclusive design. They should:

1) be designed taking into account London’s diverse population

2) provide high quality people focused spaces that are designed to facilitate social interaction and inclusion

3) be convenient and welcoming with no disabling barriers, providing independent access without additional undue effort, separation or special treatment

4) be able to be entered, used and exited safely, easily and with dignity for all

5) be designed to incorporate safe and dignified emergency evacuation for all building users. In all developments where lifts are installed, as a minimum at least one lift per core (or more subject to capacity assessments) should be a suitably sized fire evacuation lift suitable to be used to evacuate people who require level access from the building”.

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3.23 Policy D8 (Public Realm) requires development proposals:

B. “to ensure the public realm is well-designed, safe, accessible, inclusive, attractive. Well- connected, related to the local and historic context, and easy to understand, service and maintain;

M. Create an engaging public realm for people of all ages, with opportunities for social activities, formal and informal play and social interaction during the daytime, evening and at night. This should include identifying opportunities for the meanwhile use of sites in early phases of development to create temporary public realm.”

3.24 Policy D11 (Safety, security and resilience to emergency) encourages development to include measures to design out crime and these measures should be considered at the start of the design process.

3.25 Policy T2 (Healthy Streets) requires developments to be permeable by foot and cycle and connect to local walking and cycling networks as well as by public transport.

Local Planning Policy

Westminster’s City Plan (2016)

3.26 Westminster’s City Plan was adopted on 9 November 2016 and maintains full weight as part of the development plan. It contains both strategic and more detailed policies to manage the city and deliver Westminster’s future sustainable development over a 10-year period up to 2026/27 and beyond.

3.27 The policies map shows the following designations as being relevant to the Site:

• Core Central Activities Zone;

• Local Distributor Roads

• Areas of wildlife deficiency

• London Square

• Harley Street Conservation Area

3.28 Through Policy S1 (Mixed Use in the Central Activities Zone) Westminster City Council promote a mix of uses consistent with supporting the CAZ’s vitality, function and character. The Council will:

“encourage development which promotes Westminster’s World City functions, manages its heritage and environment and supports its living, working and visiting populations.”

3.29 Policy S6 (Core Central Activities Zone) states the CAZ is an appropriate location for a range of cultural uses, subject to enabling the growth and evolution of places, to ensure the area retains its globally important function as a business location.

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3.30 Policy S22 (Tourism, Arts and Culture) notes new arts and cultural uses will be acceptable within the Core Central Activities Zone and Strategic Cultural Areas to strengthen Westminster’s strategic role within the London tourist industry and help contribute to local opportunities to experience arts and culture.

3.31 Policy S24 (Entertainment Uses) requires new entertainment uses to:

“demonstrate that they are appropriate in terms of the type and size of use, scale of activity, relationship to any existing concentrations of entertainment uses and any cumulative impacts and that they do not adversely impact on residential amenity, health and safety, local environmental quality and the character and function of the area.”

3.32 Policy S25 (Heritage) protects Westminster’s extensive heritage assets including listed buildings, conservation areas, historic squares and open spaces, their settings and archaeological heritage.

3.33 Policy S28 (Design) requires development proposals to incorporate exemplary standards of sustainable and inclusive urban design.

3.34 Policy S29 (Health, Safety and Well-Being) requires development to ensure…:

“that the need to secure a health and safe environment is addressed, including minimising the opportunities for crime, including the risk of terrorism, and addressing any specific risks to health or safety from the local environment or conditions.”

3.35 Policy S35 (Open Space) aims to protect and enhance the open space network in Westminster, and to develop further connections between spaces.

3.36 Policy S38 (Biodiversity and Green Infrastructure) protects and enhances biodiversity and green infrastructure and aims to maximise opportunities to extend and create new wildlife habitat. For proposals within Areas of Wildlife Deficiency, they should:

“include features to enhance biodiversity, particularly for priority species and habitats”.

3.37 Policy S41 (Pedestrian Movement and Sustainable Transport) promotes sustainable patterns of development in the borough, minimising the need to travel and reducing dependence on the private car.

3.38 Policy S42 (Servicing and Deliveries) states that developments must demonstrate that any delivery and servicing required can be managed in a way that minimises adverse impacts. Servicing and delivery needs will be fully met within each development site and in a way that minimises the adverse effects on other highway and public realm users.

Unitary Development Plan (2007)

3.39 Westminster’s Unitary Development Plan (UDP) was approved by full council on 25 January 2007, and parts of it were ‘saved’ by the Secretary of State on the 24 January 2010. Due weight should continue to be given to relevant saved policies. These policies will be replaced by the policies in the emerging City Plan once they are adopted.

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3.40 Policy SS13 (Street Markets and Individual Trading Pitches) notes proposals for new street markets will be considered with reference to amenity, parking, servicing, highway, cleansing, refuse storage, recycling and licensing considerations, and the effect on existing street markets, and local shopping facilities.

3.41 Policy SS14 (Environmental Improvements) encourages the improvement of the townscape and environment of shopping areas. Proposals will be assessed in relation to the character and appearance of conservation areas, the convenience and safety of pedestrian’s, people with disabilities/wheelchair uses, traffic circulation in the street and neighbouring street and the increase in numbers of people using the street.

3.42 Policy DES9 (Conservation Areas) advises that development will not be permitted where it has a visibly adverse effect upon the appearance, including intrusiveness with respect to any recognised and recorded familiar local views into, out of, within or across the area.

3.43 Policy TACE5 (Arts and Cultural Uses) supports proposals for new arts and cultural uses where they would be compatible with the character and function of the area and there would be no adverse effects on residential amenity.

Westminster City Plan 2019-2040: Intend to Adopt (March 2021)

3.44 Westminster City Council submitted the City Plan 2018-2040 to the Secretary of State in November 2019. Once the Plan has been adopted, it will replace the policies in the Westminster City Plan (2016) and the saved policies from the Unitary Development Plan (2007). A consultation on the main modifications of the Plan took place between 30th November 2020 and 18th January 2021.

3.45 Given its stage of preparation, some weight should be given to the emerging policies contained within it.

3.46 The emerging Plan includes designations relating to the site that vary to those in the 2016 Plan. The emerging plan proposed to include the Site is within the West End Retail and Leisure Special Policy Area.

3.47 The key policies of relevance to the proposals are:

3.48 Policy 1 (Westminster’s spatial strategy) sets out Westminster’s overarching strategy to ensure Westminster continues to grow, thrive and inspire at the heart of London as a World City. Proposals for centres of international importance in the West End that enhance the evolution as multifunctional commercial areas to shop, work, and socialise will be supported. Growth will be delivered through the intensification of the CAZ and West End.

3.49 Policy 14 (Town centres, high streets and the CAZ) requires proposals to enhance and diversity their offer as places to shop, work and spend leisure time. The following paragraphs are relevant to temporary proposals:

“E. Temporary proposals for ‘meanwhile use’ of empty spaces within the town centre hierarchy will be supported where it can be demonstrated that they will enhance town centre vitality and viability, and will be appropriately managed; and

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F. New and extended markets will be supported throughout the town centre hierarchy and wider CAZ where any negative impacts on the surrounding area (including the operational requirements of existing businesses in the vicinity), can be mitigated.”

3.50 Policy 15 (Visitor Economy) seeks to maintain and enhance the attractiveness of Westminster as a visitor destination, balancing the needs of visitors, businesses and local communities. In terms of arts and cultural uses, new uses will be supported in commercial areas of the CAZ. Events in the public realm should also support the character and function of the area in which they take place and must be organised in a way that minimise the impact on the long-term access to open space, amenity of residents, businesses and others, and maintain the quality of the public realm.

3.51 Policy 39 (Westminster’s heritage) promotes that the unique historic environment is valued and celebrated and public enjoyment of access to and awareness of the city’s heritage will be promoted.

Guidance for Temporary Structures

3.52 Historic England’s publication Temporary Structures in Historic Places, guidance for local planning authorities, site owners and event organisers (September 2010) states that temporary structures:

• “can enrich the experience of visitors and encourage repeat visits to heritage assets”

• “can encourage tourism and the engagement of local communities by attracting visitors to special events”

• “can increase the capacity of historic sites temporarily, and bring a wider range of visitors”

• “can visually enhance historic places” (4.2)

3.53 This guidance outlines several considerations which affect temporary structures in historic places. These include the location, physical impact, visual impact, setting, design, duration and season, public access and financial benefits.

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4 The Proposals

4.1 This planning application seeks detailed planning permission for the following:

4.2 In parallel, advertisement consent is sought for the following:

Planning Application Documents

4.3 In addition to this planning, design and access statement, the application is supported by the following documents:

• Cover letter – includes a list of all drawings submitted for approval (Appendix 1);

• Combined planning and advertisement consent application form, ownership certificates and notices.

• Completed CIL: Planning Application Additional Information Requirement Form which confirms that ‘floorspace’ created is temporary and is therefore not CIL liable (Reg. 5(2) 2010);

• Site Location (i.e. ‘red line’) plan (UB-CSS-21-001) (1:1250 @A3);

• Complete set of planning drawings including existing and proposed plans and elevations (including drawings of proposed advertisement);

• Operating Event Management Plan; and

• Arboricultural Method Statement.

Proposals

4.4 This application seeks temporary planning permission and advertisement consent for the installation of a pop-up event and associated signage over the period of 14 June 2021 to 8 October 2021. The event itself will be operational from 1 July 2021 to 26 September 2021. Installation will commence on 14 June 2021 and de-installation will end on 8 October 2021.

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4.5 The event would be located in Cavendish Square, a site owned by Westminster City Council.

4.6 The proposed temporary high-quality event would comprise 8 market stalls, a Spiegeltent, a bar, toilets and associated back of house storage and equipment.

4.7 Six of the market stalls will be in the south-western quadrant of the site, opposite Harcourt House, with the two remaining stalls in the northern quadrant, opposite Dean’s Mews. The Spiegeltent will be located within the north east part of the site. The Site Plan below shows the proposed layout (Figure 2).

Figure 2 Proposed Site Plan

4.8 The stalls will be approximately 4.1 metres wide by 2.4m tall. There will be a sign on top of each market stall which will result in a total height of 2.78m. Each stall will have an open frontage that faces inwards towards the centre of the Site, from which food can be sold. Stallholders will be hand-picked by Underbelly to offer variety and quality.

4.9 The main bar (the Container Bar) is 12.2m wide with a height of 3.5m at the front, which drops down to 3.05m at the back of the bar. The bar will have an open frontage, facing inwards towards the centre of the Site.

4.10 The back of house equipment and storage containers will be enclosed behind the bar, including bar store and a chiller.

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4.11 The Spiegeltent comprises a circular structure and a rectangular entrance. The ‘circle’ element will measure between 24 metres to 26 metres in diameter and up to 9.1m in height. The attached rectangular section will measure 10.1m by 10.5m. The tent will be constructed using steel and aluminium frames, with painted timber wall panels and coloured glazing. The tent roof will be grey tent fabric.

4.12 The Spiegeltent is a self-contained theatre/cabaret tent which will have a capacity of approximately up to 650 seated and 800 standing (all depending on stage size and layout). The Spiegeltent foyer contains a bar for servicing the audience. Access to the Spiegeltent will be for ticket holders or invited guests only.

4.13 The back of house equipment and storage will be enclosed to the north of the Spiegeltent, including dressing rooms and set store.

4.14 Three identical entrance arches will also be erected; one at the north west corner, one to the east and once at the south west corner. These arches will be 5m tall and 4.5m wide and will be made from dressed aluminium with a 10,000kg IBC water ballast at the base of each leg, covered in plywood. The arches will comprise illuminated signage with Event and Sponsor branding.

4.15 To ensure the event operates safely and securely, Underbelly are proposing to temporarily install site hoarding comprising timber clad wall panels, which will separate the bar, the Spiegeltent and the toilets from Cavendish Square. The hoarding will be at a height of 3m. Festoon lighting will be hung around the entire site boundary, with 0.5m between each lamp.

4.16 Temporary advertisement consent is sought for the following:

• Market Food Stalls - 8 illuminated signs at 2440mm x 488mm (1 for each stall). The detailed design contained within each sign will be determined upon appointment of the 8 occupiers.

• Box Office - 3 illuminated sign, one at 2440mmx 488mm and two smaller signs either side.

• Bar - 1 illuminated sign, at 12100mm x 750mm.

• Entrance Arches - 3 illuminated signs at 4000mm x 1750mm (1 at each entrance).

• Spiegeltent Entrance – 1 illuminated sign at 11000mm x 3000mm.

• Hoardings – 5 illuminated signs of various sizes on the site hoardings.

4.17 The Event would be operated by Underbelly in accordance with their specialist business model of event production. Underbelly have worked with partners including Westminster City Council, Greater London Authority, Richmond Council, Southbank Centre, City of Edinburgh Council and the University of Edinburgh to produce and manage high quality, large scale events in sensitive city centre locations. These events include West End Live, Underbelly at the Edinburgh Festival Fridge and The Southbank Festival, one of the biggest multi-arts offerings in London.

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5 Design and Access

5.1 Given the proposal’s prominent location, the design of the scheme has been subject of careful consideration. The NPPF recognises that it is important to plan positively for the achievement of high quality and inclusive design for all development.

5.2 In order to do so, London Plan Policy D3 encourages development proposals to enhance local context by delivering buildings and spaces that positively respond to local distinctiveness through their layout, orientation, scale, appearance and shape. Local planning policy requires development proposals to incorporate exemplary standards of sustainable and inclusive design.

5.3 The following sub-sections identify the key design principles and details of the proposal.

Amount

5.4 The red line boundary and planning application site extends to approximately 1.25 hectares in area. This site area includes the space required to deliver the Event and any areas required to accommodate for deliveries and servicing. The Proposed Site Plan illustrates the proposed layout of the Site (drawing number: UB-CSS-21-003).

5.5 The proposed floorspace to be created by the Event totals approximately 1,020 sqm (GEA) and comprises the floorspace created by the 8 market food stalls, the bar and the Spiegeltent. The back of house storage containers, toilets and box office are in addition to the stated floorspace.

Appearance, Layout and Materials

5.6 The high-quality market will have 8 cabins selling food. Six of these will be placed around the southern western perimeter of the Site, facing inwards towards the centre of Cavendish Square, with one of them being located closer to the centre of the site. The remaining two stalls will be to the north of the Site. The bar is located in the north west part of the Site and the back of house storage containers and equipment will be stored to the rear, enclosed by hoarding.

5.7 The Spiegeltent will be located in the north eastern part of the site, with back of house storage stored to the rear, enclosed by hoarding.

5.8 The roofs of each stall will be made of plywood and felt with painted timber. The walls and floors of the stalls will be clad with timber and V board lining.

5.9 The design of the bar will complement the rest of the market and will take the form of a shipping container, converted for use as a bar. It will not overly dominate the square and nor will it directly compete with other licensed businesses in the area.

5.10 The Spiegeltent will be constructed from steel and aluminium frames, with painted timber wall panels and coloured glazing. The roof will be grey tent fabric and the Tent will have a decorative front façade.

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5.11 For further details of the proposed design, please refer to the application drawings.

Use

5.12 As stated above, the market stalls would operate for the selling of food.

5.13 It is proposed that the temporary market would take place over a 16.5 week period (including installation and de-installation period).

. Installation period to commence 14 June 2021. . Operational period from 1 July 2021 to 26 September 2021. . De-installation period to end 8 October 2021.

5.14 The opening hours are from 12.00 – 23.00 Monday to Friday and from 10.00 – 23:00 on Saturday and 10:00 – 22:00 on Sunday. SIA security and a CCTV system would be in place for the duration of the market. Full details of security measures will be provided in the application.

5.15 The overall ambition is to deliver a site and attraction that is (a) world class in its quality, look and feel and (b) enhances the local area.

5.16 Further details about the management and operation of the event are provided in the Operating Management Plan, which includes the Delivery and Servicing Plan.

Inclusive Access

5.17 Policy D5 from the London Plan requires new development to achieve the highest standards of inclusive and accessible design.

5.18 Provisions have been made within the design to ensure the Event is accessible to all potential users in line with Unitary Development Policy SS14 which assesses proposals in relation to the convenience and safety of pedestrians, people with disabilities/wheelchair users. Public access to and through the Site will be maintained during opening hours. Overnight, the gardens will be locked which is in line with the current arrangements for the Site. In the morning, access will be allowed outside of the event operating hours.

5.19 The Site is free and non-ticketed to enter. Given the size of Cavendish Square, there is considerable space for people to flow freely through the area and security stewards will be deployed to assist with and encourage the free movement of people through the site.

5.20 The proposal has been designed to ensure that it can be experienced and enjoyed by all guests who wish to attend. On the basis, the proposal accords with policies and guidance on inclusive access.

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6 Key Planning Considerations

6.1 This section of the Planning Statement assesses the proposal against the key planning considerations from the Development Plan and material considerations summarised above.

Cultural and Entertainment Use

6.2 Cavendish Square as a whole, forms part of the Central Activities Zone (CAZ) and a Strategic Cultural Area as designated by the London Plan. The London Plan promotes activities within the CAZ that extend the offer and enhance the environment of strategic cultural areas. London Plan Policies HC5 and SD4 seek to enhance London’s global economic competitiveness and its culture, tourism and entertainment role and promote and enhanced the unique concertation and diversity of cultural, arts, entertainment, night-time economy and tourism functions in the CAZ.

6.3 The Intend to Adopt City Plan supports proposals to enhancement arts and cultural uses (Policy 15) and specifically supports events in the public real.

6.4 Underbelly are renowned for delivering successful events across London, as demonstrated at the South Bank, Trafalgar Square and Leicester Square. Building on the success of the nearby Leicester Square event, which has operated for the previous three years (prior to the COVID- 19 pandemic), this temporary commercial installation would enhance and be complementary to the existing cultural offer within the CAZ and within West End Retail and Leisure Special Policy Area. Underbelly are seeking to support local businesses and are in discussion with numerous local businesses about the occupation of the proposed stalls. The proposed mix of stalls is intended to provide further diversity in the food and drink offering attracting residents, visitors and tourists to the site, in line with Policy S7 and S24 of Westminster’s City Plan.

6.5 On this basis, the temporary installation of the market is consistent with national, regional and local policies and would meet the Council’s objectives for this area.

Meanwhile Uses

6.6 The new London Plan (Policy HC5) supports meanwhile uses and there is an opportunity to use this site for meanwhile uses whilst the preparation for the approved underground parking development continues. The proposals can bring vibrancy to an underused space.

6.7 During these uncertain economic times, it is important that the planning system lends its support to local businesses that are seeking to recover from the impacts of Covid-19 and that are looking to generate commercial revenue for the area. This proposal would enable this temporary event to support vibrancy, arts and culture in the area over the summer period, whist ensuring safety measures are implemented and the layout can adapt to the current and future social distancing requirements.

Heritage

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6.8 As identified above, the Site is set within the Harley Street Conservation Area and is surrounded by numerous listed buildings. The impacts of the proposal on the historic and architectural significance of the site have therefore been central to the evolution of the detailed design. The NPPF at paragraph 193-194 sets out how the degree of harm to a designated heritage asset should be considered and assessed in the determination of planning applications. Where a development proposal leads to ‘less than substantial harm’, paragraph 196 of the NPPF recognises that this harm should be weighed against the public benefits of the proposal.

6.9 The London Plan sets out in Policy HC1 that development which affects heritage assets and their setting should conserve their significance by being sympathetic to their form, scale and materials and architectural detail.

6.10 Policy S25 of Westminster’s City Plan protects the extensive heritage assets including listed buildings, conservation areas, historic squares and open spaces, their settings and archaeological heritage.

6.11 It is acknowledged that the Site is a sensitive site in heritage terms, being surrounded by a number of designated heritage assets and within the Harley Street Conservation Area.

6.12 The Event is non-ticketed and free to enter, which will encourage tourism and attract visitors to Cavendish Square in a similar manner to other temporary events, which will in turn improve the ability to appreciate the significance of the heritage assets in and around the square and the wider Conservation Area.

6.13 Given the temporary nature of the event, any minimal harm to nearby heritage assets will also be temporary, and the public benefits of this event, including public, cultural and economic benefits, outweigh the minimal temporary harm. This is particularly pertinent as businesses and the economy seek to recover from the impacts of COVID-19.

6.14 The public benefits are namely the generation of income, job creation for approximately 120 people and attraction of more visitors to Cavendish Square, which would better reveal the significance of the square, its listed monuments and the surrounding listed buildings, and provide a cultural event for the Site.

6.15 On this basis, it is considered that the public benefits of the proposals will outweigh the less than substantial harm to the setting of the surrounding heritage assets and therefore complies with national and local planning policy. The proposals would accord with the heritage policies set out in the NPPF and with considerations set out in Historic England’s advice on temporary structures. The proposals are therefore considered to be acceptable in heritage terms.

Employment and Economic Activity

6.16 The continued development of London’s global economic competitiveness is promoted through policy and guidance at national, regional and local level. London Plan Policy GG5 seeks to enhance London’s global economic competitiveness and supports its role as a 24-hour city.

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6.17 Policy S22 of Westminster’s City Plan supports proposals that strengthen Westminster’s strategic role within the London tourist industry and help contribute to local opportunities to experience culture.

6.18 The proposed development is expected to generate 120 temporary jobs, through a mix of full and part-time positions. Underbelly are firm believers in employing local workers wherever possible. For the installation and de-installation periods, Underbelly works with crewing company ‘Connection Crew’ which gets ex-homeless people back into work and breaks the cycle of homelessness. In 2018, Connection Crew generated 22,761 hours of work for ex- homeless people; and Underbelly provided 2,527 of these hours.

Amenity

6.19 Policy S24 of Westminster’s City Plan (2016) supports new entertainment uses where these uses do not adversely impact on residential amenity. In addition, Policy 15 of Westminster’s City Plan: Intend to Adopt (March 2021) supports new arts and cultural uses that minimise the impact on the long-term access to open space, amenity of residents, businesses and others, and maintain the quality of the public realm.

6.20 Underbelly are committed to ensuring that the amenity of surrounding uses is maintained throughout the duration of the event. The hours of operation are restricted, and the Event will be managed to ensure it will not have a detrimental impact on the amenity of adjoining premises or residents. There will be a security operation in place at all times.

6.21 The scale of the Event and positioning of associated activities will mean that visitor numbers will be maintained so as not to impact on local amenities in terms of either noise or other disturbance. Signs will be placed at all exits asking customers to leave the Event quietly and without causing a disturbance. Signs will also be placed around the Event to encourage audiences and other customers to be aware of and considerate to local residents.

6.22 Underbelly will write to nearby residents and businesses to confirm the programme of events and provide contact details through which residents can communicate with the site manager with respect to noise and any other concerns with the operation of the Site.

6.23 Full details of how the event will be managed to minimise impacts on amenity are set out in the Operating Event Management Plan, which includes a Noise Management Plan.

Transport

6.24 Policy S41 of Westminster’s City Plan promotes sustainable patterns of development that reduce dependency on the private car and give priority to walking, cycling, buses and taxis.

6.25 The site is very well served by public transport. It is located within a 5 minute walk of Oxford Circus and Bond Street tube stations as well as numerous bus stops. These tube stations provide access to the Central, Victoria, Bakerloo and Jubilee lines.

6.26 There is also considered to be ample cycle parking in the vicinity, including Santander Cycle Hire docking stations are located at Chapel Place, Broadcasting House and Little Argyle Street.

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6.27 A large proportion of Underbelly’s customers would be likely to be visitors and tourists and do not arrive by private vehicle. In addition, given the highly accessible location (PTAL 6b), the employees of the market are unlikely to travel by private vehicle. In view of this, no parking is required or proposed and therefore the proposal meets the requirements of Unitary Development Plan Policy SS13. In the event that any visitors do arrive at the site by private vehicle, there is an underground car park beneath Cavendish Square which offers over 400 car parking spaces and 83 motorcycle spaces. There are also 4 electric charging points.

6.28 Provision and arrangements for deliveries and servicing are set out in detail in the accompanying Operating Management Plan.

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7 Conclusions

7.1 The application seeks full planning permission and advertisement consent for the temporary installation of a pop-up Summer Event and associated signage in Cavendish Square. It is proposed that the Event would take place over a 16.5-week period (including installation and de-installation periods). The proposed pop-up Event would be comprised of 8 market stalls centred around a bar and Spiegeltent. The proposed development also includes the temporary installation of hoarding to ensure the safety of any guests / pedestrians.

7.2 Underbelly Limited is the Applicant and will be responsible for delivering and managing this temporary event. Underbelly is a UK based live entertainment company and its festival and events division produce numerous annual events across the UK and further afield, including the temporary Christmas / Winter events at Leicester Square, Trafalgar Square and the South Bank.

7.3 Underbelly recognise and appreciate the importance of pre-application engagement. As such, a number of meetings were held to discuss the proposals with the WCC Events Officers. The proposed development has been designed and developed in accordance with comments received.

7.4 The various technical reports and assessments that support the planning application demonstrate that no adverse effects are predicted to arise from this temporary development.

7.5 The principal benefits of the proposals comprise:

. The Event is non-ticketed and free to enter, which will encourage tourism and attract visitors to Cavendish Square, which will in turn improve the ability to appreciate the significance of the heritage assets in and around the square and the wider Conservation Area. . The event will support meanwhile uses that support local businesses and promote economic recovery following the COVID-19 pandemic. . The Event would create 120 temporary jobs and Underbelly will seek to recruit locally where appropriate. For the installation and de-installation periods, Underbelly works with crewing company ‘Connection Crew’ which gets ex-homeless people back into work and breaks the cycle of homelessness. In 2018, Connection Crew generated 22,761 hours of work for ex-homeless people; and Underbelly provided 2,527 of these hours. . Underbelly will continue to liaise with some local businesses about the potential occupation of the market stalls, which aligns with London Plan policy that supports local employment and skills development. . The supporting documents set out the careful consideration that has been given to the operation and management of the proposed market to ensure minimal impact on local residents, businesses and other organisations in the surrounding area. This includes the installation of the hoarding and entrance arches.

7.6 On this basis, whilst it is considered that the proposed development could lead to less than substantial harm to the setting of heritage assets, the significant public benefits listed above

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will outweigh this potential temporary harm. As such, the application accords with the Development Plan and National Planning Guidance. Therefore, planning permission and advertisement consent should be considered favourably.

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