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Magistrates Court, 70 Horseferry Road in the City of Westminster Planning Application No

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Magistrates Court, 70 Horseferry Road in the City of Westminster Planning Application No planning report PDU/2501a/02 2 May 2012 Magistrates Court, 70 Horseferry Road in the City of Westminster planning application no. 12/00258/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 Demolition of the Magistrates Court and erection of an eleven-storey residential building comprising 132 units. The applicant The applicant is Barrett West London and the architect is GRID. Strategic issues The Mayor previously raised issues relating housing, urban design, inclusive design, and transport. These matters have now been largely resolved and the proposed application is, on balance, acceptable in strategic planning policy terms. The Council’s decision In this instance Westminster Council has resolved to grant permission. 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 or direct that he is to be the local planning authority. Context 1 On 22 February 2012 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 1C of the Schedule to the Order 2008: 1C: “Development which comprises or includes the erection of a building… that is more than 30 metres high and is outside the City of London. “ 2 On 3 April 2012 the Mayor considered planning report PDU/2501a/01, and subsequently advised Westminster City Council that the application did not comply with the page 1 London Plan, for the reasons set out in paragraph 79 of the above-mentioned report; but that the possible remedies set out in paragraph 80 of that report could address these deficiencies. 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. Since then, the application has been revised in response to the Mayor’s concerns (see below). On 19 April 2012 Westminster City Council decided that it was minded to grant planning permission and on 30 April 2012 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, direct Westminster City Council under Article 6 to refuse the application or issue a direction to Westminster City Council under Article 7 that he is to act as the Local Planning Authority for the purposes of determining the application. The Mayor has until 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 the consultation stage Westminister Council was informed that the application did not comply with the London Plan for the following reason: Principle of development: The applicant has provide sufficient information to establish that the court facilities have been re-provided on another site and therefore the principle of redeveloping this site for another use is accepted. The application complies with London Plan Policy 3.16. Housing: Further information is required to determine whether the application complies with London Plan affordable housing policy. Children’s playspace: Further information is required to determine whether the application complies with London Plan Policy 3.6. Urban design: Further information is required to determine whether the application complies with London Plan Policy. Inclusive design: The application does not comply with London Plan Policy 7.2. Climate change: The carbon dioxide savings exceed the targets set within Policy 5.2 of the London Plan. Transport: Further information and a reduction in the level of car parking are required to ensure the application complies with London Plan transport policy. 6 However, the consultation report stated that the following changes might remedy the above-mentioned deficiencies, and could possibly lead to the application becoming compliant with the London Plan: Housing: The applicant is required to justify the reduction in the amount of affordable housing offered and is required to submit a viability assessment. Children’s playspace: The applicant should provide further information regarding the design of the playspace. The Council may wish to secure a contribution towards off-site play provision. page 2 Urban design: The applicant is required to provide additional information and justification regarding the impacts on Tufton and Romney Streets, the lack of direct street access for ground floor units, the proportion of single aspect units. The applicant is also required to provide additional visualisations showing the materiality of the building in its context. Inclusive design: The applicant is required to reconsider the ground floor layout and the use of a platform lift to address level changes. Transport: The application should provide a draft construction logistics plan and make the required changes to the Travel Plan, including, measures to reduce car use and parking. The Council should secure the electric vehicle charging points, the level of cycle parking and the construction logistics plan by condition. Housing 7 At the consultation stage the applicant was required to justify the reduction in the amount of affordable housing offered from the pre-application meeting and it was required to submit a viability assessment if the level of affordable housing was not increased. 8 It was accepted at the consultation stage that the level of affordable housing and the principle of off-site provide has been largely established by the extant permission on the site, which was not referable to the Mayor. The extant permission was for 60 affordable units off-site at Seymour Place. The applicant subsequently purchased an adjoining site, which will deliver an additional six units. Due to the strong link between this site and the wider scheme, Westminster City Council required the applicant to provide two of these additional six units as affordable housing. Furthermore, due to the uplift in floorspace proposed in comparison with the extant permission, Westminster City Council requires one of the remaining four units to become affordable housing and at the consultation stage the applicant offered two of the units as additional affordable housing, bring the total number of affordable housing units up to 64 units. 9 However, during discussion with the applicant at the pre-application stage the applicant stated that it intend to provide 66 affordable units, and officers stated that given the precedent set by the previous application, the small uplift in floorspace and the fact that the applicant was offering all four units as affordable the GLA would not expect a viability assessment to be submitted with the application in this instance. 10 The applicant has now agreed to increase the level of affordable housing and will provide 66 affordable units as agreed at the pre-application stage and this is welcomed. Children’s playspace 11 At the consultation stage, the applicant was required to provide further information regarding the design of the playspace to ensure that the courtyard functions well as both an amenity space and as a children’s playspace. 12 The applicant has now provided further detailed information regarding the design of the courtyard which demonstrates the space can be used successfully by both adults and for play and how these uses will relate to one another. The application now complies with London Plan Policy 3.6. Urban design 13 At the consultation stage the applicant was required to provide additional information and justification regarding the impacts on Tufton and Romney Streets, the lack of direct street access page 3 for ground floor units, the proportion of single aspect units. The applicant was also required to provide additional visualisations showing the materiality of the building in its context. 14 The applicant has now provided additional justification and information regarding the design. With regard to the impact on Tufton Street and Romney Street and the lack of active frontage, the applicant has stated that is has sought to minimise servicing uses at ground floor but some must remain. It states that the street is overlooked by the higher level accommodation within the building and by accommodation within Romney House and Lansdale House. This justification is accepted. 15 With regard to the lack of direct access to the ground floor units, the applicant states that due to the flood level and the requirement for raised accommodation, steps would be required in the ground units which would not be in line with the requirements of lifetime homes standards to provide step-free access to residential units. It continues it would also impact on the basement area beneath the entrances, making those areas of the basement unusable. 16 The typology of this residential development, which will be a highly managed with a central entrance and concierge service, does not fit within the traditional typolologies considered within the Housing Design Guide. Therefore, whilst the principle of direct access to ground floor units is the favoured, in this instance, given the nature of the residential product and the concerns regarding level access, the applicant’s approach is accepted. 17 At the consultation stage the number of single aspect units was raised as a concern. The applicant has stated that the perimeter block design and the chosen typology, with one single entrance and concierge service, necessitates the cores to be located within the internal corners, which leads to double banked corridors in each wing and there for a higher proportion of single aspect units.
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