planning report D&P/3640/01 9 January 2017 Brunel Street Works Way, in the Borough of Newham planning application no. 16/03428/FUL

Strategic planning application stage 1 referral Town & Country Planning Act 1990 (as amended); Greater Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008.

The proposal Detailed planning permission for mixed use development to provide 975 residential units (Use Class C3), A 152-bedroom hotel (Use Class C1), A 3,000 sq.m. (GIA) of flexible commercial floor space (Use Classes B1 (a, b & c), A1-A5, D2 and a nursery within Use Class D1) including a food store of up to 550 sq.m. An enhanced public realm with cycle ways, tree planting and public squares, amenity space, car parking, cycle parking, refuse stores and servicing arrangements and all associated works. Relocation of existing electricity substation.

The applicant The applicant is Opal Silvertown (LLP), the agent is Nathaniel Lichfield & Partners and the architects are GRID, JTP and Cartwright Pickard.

Strategic issues summary Principle of development: The redevelopment of the site to provide a residential-led mixed-use development is strongly supported (paragraphs 16-20). Affordable housing: 35% by units/37% by habitable rooms. The applicant should review the proposal against the Mayor’s Draft Affordable Housing and Viability SPG. Further discussion is also required regarding affordable rent and intermediate split, and details on affordable rent levels and the intermediate offer (paragraphs 23-25). Urban design: Broadly supported but the massing and form of the Castalia building should be refined to integrate with the overall scheme and public realm (paragraphs 30-40). Energy: Broadly supported; however, connection to the Excel network should be investigated (paragraph 43). Air quality: A reassessment of the impact of the Combined Heat & Power (CHP), and an air quality neutral assessment for the transport element are required (paragraph 45). Transport: Further discussions with TfL, the applicant and Newham required as well as clarifications/commitments related to various transport plans (paragraphs 46-53).

Recommendation That Newham Council be advised that whilst the principle of the application is broadly acceptable in strategic planning terms, the application does not yet comply with the London Plan for the reasons set out in paragraph 58 of this report. However, the resolution of these issues could lead to the application becoming compliant with the London Plan.

page 1 Context

1 On 29 November 2016, the Mayor of London received documents from Newham Council notifying him of a planning application of potential strategic importance to develop the above site for the above uses. Under the provisions of The Town & Country Planning (Mayor of London) Order 2008 the Mayor has until 9 January 2017 to provide the Council with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. The Mayor may also provide other comments. This report sets out information for the Mayor’s use in deciding what decision to make.

The application is referable under Categories 1A, 1B and 1C of the Schedule to the Mayor of London Order 2008:

 Category 1A: Development which comprises or includes the provision of more than 150 houses, flats, or houses and flats.  Category 1B(c): Development (other than development which only comprises the provision of houses, flats, or houses and flats) which comprises or includes the erection of a building or buildings outside Central London and with a total floorspace of more than 15,000 square metres.  Category 1C(c): Development which comprises or includes the erection of a building of one or more of the following descriptions— the building is more than 30 metres high and is outside the City of London.

2 Once Newham Council has resolved to determine the application, it is required to refer it back to the Mayor for his decision as to whether to direct refusal; take it over for his own determination; or allow the Council to determine it itself.

3 The environmental information for the purposes of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 has been taken into account in the consideration of this case.

4 The Mayor of London’s statement on this case will be made available on the GLA website www.london.gov.uk. Site description

5 The site is approximately 2.5 hectares and located on Silvertown Way in , an identified regeneration area within the and the and Riverside Opportunity Area. It is located to the immediate south of Canning Town Docklands Light Rail (DLR)/ station and is physically constrained as it is bounded by road or rail infrastructure on all sides: to the west by Victoria Dock Road and the and to the east by Silvertown Way.

6 There is an escape access from Canning Town station located at the northern end of the site, outside of the application redline.

7 Surrounding uses include a hotel and a mixed-use development known as the Sphere. Further east, a small industrial estate separates Silvertown Way from an area of post-war local authority housing. To the northeast of the site are the redevelopment projects of Hallsville Quarter and the Rathbone Market redevelopment.

8 The nearby Canning Town station is served by the and DLR. Ten bus routes serve the bus station immediately to the north of the site (nine of which begin or end there), and

page 2 there are bus stops adjacent to and opposite the site on Silvertown Way which are served by route 147, 241 and 474. The public transport accessibility level (PTAL) is 6a at the northern end and 4 at the southern end where 1 is the lowest and 6b the highest.

9 The site was transferred to the GLA in 2012 from the London Development Agency (LDA) and they retain the freehold. The LDA had used its Compulsory Purchase Order powers to assemble and clear the site for future development. The site was taken to market by the GLA via the London Development Panel and in 2014 and was secured (via a tender process) by Opal (Silvertown) LLP, a joint venture between Galliford Try and Thames Valley Housing.

Details of the proposal

10 Full planning permission is sought for the redevelopment of the site involving the erection of four buildings ranging in height from 9 to 26 storeys comprising:

 975 residential units (Use Class C3)  6,341 sq.m. for a hotel (Use Class C1)  547 sq.m. for food retail (Use Class A1)  2,426 sq.m. for other flexible commercial uses Use Classes B1 (a, b & c), A1-A5, D2 and a nursery within Use Class D1)  Car and cycle parking; and landscaping and associated works Case history

11 GLA officers provided initial pre-application advice on this scheme on 5 June 2015, following a meeting held on 20 May 2015, covering issues with respect to: land use principles; housing, including affordable housing, density, residential mix and quality and children’s playspace; urban design; inclusive design; and climate change and sustainability, and; transport.

12 Following the initial pre-application meeting on 20 May 2015, the applicant sought to address the concerns of Newham Council officers and the members of the Council’s Design Review Panel, in relation to the height, mass and density, ground floor land use strategy and overall design and architectural composition. On 16 May 2016, a request was then received for a follow-up pre-planning application meeting, which was held on 9 June 2016. The advice report (pre-application report reference number D&P/3640) subsequently issued by GLA officers concluded that matters of residential quality, density, playspace and unit mix appeared acceptable, although further discussion and clarification was still required in respect of affordable housing, PRS, landscaping and connectivity to ensure full compliance with the London Plan. Strategic planning issues and relevant policies and guidance

13 The relevant issues and corresponding policies are as follows:

 Opportunity areas London Plan;  Housing London Plan; Housing SPG; Housing Strategy; Shaping Neighbourhoods: Play and Informal Recreation SPG; Shaping Neighbourhoods: Character and Context SPG;  Affordable housing London Plan; Housing SPG; Housing Strategy; Draft Affordable Housing and Viability SPG;  Tourism/hotel London Plan;

page 3  Employment space London Plan;  Density London Plan; Housing SPG;  Urban design London Plan;  Inclusive access London Plan; Accessible London: Achieving an Inclusive Environment SPG;  Sustainable development London Plan; Sustainable Design and Construction SPG; Mayor’s Climate Change Adaptation Strategy; Mayor’s Climate Change Mitigation and Energy Strategy; Mayor’s Water Strategy;  Air quality London Plan;  Transport and parking London Plan; the Mayor’s Transport Strategy;  CIL London Plan; and, Use of planning obligations in the funding of Crossrail, and the Mayoral Community Infrastructure Levy SPG.

14 For the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the development plan in force for the area is Newham’s Local Plan – The Core Strategy (2012); Newham’s Local Plan Detailed Sites and Policies Development Plan Document (2016); and The London Plan 2016 (The Spatial Development Strategy for London Consolidated with Alterations since 2011).

15 The following are also relevant material considerations:

 The National Planning Policy Framework, Technical Guide to the National Planning Policy Framework, and the National Planning Practice Guidance.

 The Royal Docks & Beckton Riverside Opportunity OAPF Working Draft 2016 Principle of development

16 London Plan Policy 2.13 ‘Opportunity areas….’ encourages development proposals that “seek to optimise residential and non-residential output and densities, provide necessary social and other infrastructure to sustain growth, and, where appropriate, contain a mix of uses”.

17 As indicated at paragraph 5, the site is within the Royal Docks and Beckton Riverside Opportunity Area, which is identified in the Royal Docks & Beckton Riverside Opportunity Area Planning Framework Working Draft 2016 as having an indicative employment capacity of 60,000 jobs and 25,500 new homes.

18 Newham’s Core Strategy identifies the site as strategic site S17 (Silvertown Way West) suitable for mixed use development encompassing commercial and residential use. London Plan Policy 3.3 ‘Increasing housing supply’, in seeking to increase the supply of housing in London, sets borough housing targets, and in Table 3.1 puts the minimum annual monitoring target for Newham at 1,994 additional homes per year between 2015 and 2025. The scheme will deliver 975 new homes, which is strongly supported in strategic planning terms.

19 Achieving 40,000 net additional hotel rooms by 2036 is an objective of the London Plan as stated in Policy 4.5, which also identifies town centres as one of the preferred locations for hotels outside of the Central Activities Zone (CAZ). As part of the site is located within the Canning Town Centre, the provision of a 152-bed hotel on this site is therefore supported. The proposal also includes the provision of 547 sq.m. of retail floor space and 2,426 sq.m. of flexible commercial floor space, this is supported in providing a further mix of uses on the site.

20 In summary, the principle of a residential-led mixed-use development providing 975 residential units, a hotel, and retail and flexible commercial space within the Royal Docks and

page 4 Beckton Riverside Opportunity Area meets the strategic requirements of the London Plan and is supported. Employment

21 The Planning Statement submitted with the application indicates that approximately 76 full-time jobs will be created from the proposed hotel development, as well as construction and operational apprenticeships and job training opportunities. This is welcomed and should be secured through a condition. Housing

22 The table below sets out the current proposed residential schedule.

tenure 1-Bed 2-Bed 3-Bed total % of total

private sale 70 147 122 339 35%

private rented 112 149 32 293 30% (PRS)

affordable 94 110 139 343 35%

total 276 406 293 975 100%

Affordable housing

23 London Plan Policy 3.13 requires councils to seek affordable housing provision in all residential developments providing ten or more homes; whilst Policies 3.11 and 3.12 expect the maximum reasonable amount of affordable housing to be delivered in all residential developments above ten units. The Newham Core Strategy expects a tenure mix of 65% market housing and 35% affordable housing, evenly split between social rent and intermediate homes, on this site.

24 The scheme will deliver 35% affordable housing by units, 37% by habitable rooms, and the applicant is in discussion with the Council about the final split between the affordable rent and intermediate units. The applicant has also entered into an agreement with a registered provider for the delivery of the affordable units, which is welcomed.

25 The initial affordable housing proposal is supported. However, the applicant should review the proposal against the Mayor’s Draft Affordable Housing and Viability SPG. Further discussion is also required regarding affordable rent and intermediate split, and details on affordable rent levels and the intermediate offer; and an early review mechanism should be secured if an agreed level of progress has not been made within two years.

Housing mix

26 London Plan Policy 3.8, together with the Mayor’s Housing SPG seek to promote housing choice and provide a balanced mix of unit sizes in new developments, with focus on affordable family homes. Newham’s Core Strategy aims to deliver 39% of new homes as three-bedroom units for families. The proposal currently proposes 30% family units; this is a relatively high provision and is considered acceptable.

page 5 Density

27 The site has a public transport accessibility level (PTAL) of 4-6a and is classified as central in character. On this basis, the London Plan density matrix (Table 3.2 in support of London Plan Policy 3.4) suggests a residential density of between 650-1,100 habitable rooms (or 140-405 units) per hectare for this site. The residential density for the proposed development is 393 units per hectare. This is acceptable.

Children’s play space

28 The Mayor’s ‘Shaping Neighbourhoods: Play and Informal Recreation’ SPG sets a benchmark of 10 sq.m. of useable children’s play space to be provided per child, with emphasis on play space for children under five years old to be provided on-site.

29 The development will provide 2,990 sq.m. of onsite child play space for under 11 children that is diverse, accessible to all and allows for passive surveillance. This is welcomed. As priority is given to onsite play space for under 11 children, provision for the over 12s will be provided off-site at Kier Hardie Park, which is within 800 metres walking distance. This is supported. Urban design

Layout 30 The layout principles of the scheme are broadly supported with blocks arranged to create an active frontage along the length of Silvertown Way, with servicing/vehicular access/parking contained along the railway edge. The two northern-most public spaces are well defined and give potential to create hubs of activity at the southern end of Canning Town station and at the landing point of a future pedestrian bridge to the site. This fits with the urban design strategy for the Royal Docks set out in the Royal Docks & Beckton Riverside Opportunity Area Planning Framework and is welcomed. Part of the “Station Plaza” urban realm landscaping works do not form part of the application and no formal agreements have yet been reached with TfL as property owner, which will need to be secured and agreed through separate negotiations and agreement.

31 The use of a “green spine” along Peto Street North, and flush paving bands and a change in paving unit size to delineate the roadway as well tactile paving at primary crossing areas to provide a fully inclusive and safe pedestrian environment is welcomed.

32 Although there is improvement in the active frontages on the ground floor of the Castalia building to allow passive surveillance on to the public realm and to interface with Silvertown Way underpasses, there is concern about the form of the building and bulk of columns at ground floor level, which does not provide a clear line of sight. This is of particular concern on the western side of the building. As indicated at the pre-application stage, officers would welcome further details on the potential for upgrade works to the Silvertown Way underpass and inclusion of commercial units underneath it as these features would be key factors in the scheme’s ability to create a defined and active character area along Peto Street North.

Residential quality

33 The overall residential quality appears high, with blocks arranged to provide efficient internal layouts which utilise the site’s east/west orientation. The PRS element of the Heartwell block is arranged in two pavilion blocks that sit above the hotel accommodation. Each pavilion is accessed via generously sized lobby entrances off Silvertown Way and despite some corridors exceeding the preferred eight units per core guidance of the Housing SPG, it is recognised that

page 6 the inclusion of openings to provide natural daylight/ventilation to corridors will help to avoid an institutional atmosphere. The use of the hotel roof as shared amenity space flanked with internal ‘social’ spaces is also welcomed.

34 The open perimeter block arrangement of the Grafton Building provides an efficient layout for this portion of the site and enables an energy centre and car-parking to be contained within its podium. As stated at the pre-application stage, this maximises active frontage to all edges of the block, however, the northern end of the mews link is currently compromised by the rear of the energy centre and temporary refuse storage area. As the western edge of the mews is flanked by the railway edge, it is important to optimise the residential character along the full length of the mews and the applicant should therefore explore means of minimising the extent of servicing frontage to form a consistent run of duplex units.

35 The maximisation of the floor to ceiling heights of these units is welcomed and will help to increase their presence on the mews and enable good levels of daylight/sunlight penetration.

36 There are many north facing units within the upper levels of the Grafton and Malabar buildings with setbacks to allow a degree of west facing aspect. The applicant should confirm the depth of the setbacks.

37 The design of the western elevation overlooking the railway corridor will require conditions in the interests of railway infrastructure protection on approval of details of windows, balconies and facade maintenance, although to avoid the need to restrict the design of openings and balconies it is proposed that provisions are also incorporated into estate management plans and leases.

Form and massing

38 The distribution of height across the scheme with the tallest element located adjacent to Canning Town station and a variation in scale along the length of Silvertown Way is supported. This approach responds effectively to the emerging scale of development to the east of the site while providing a suitable degree of enclosure to the public realm, relative to the width of Silvertown Way. The articulation of the Heartwell, Grafton and Malabar blocks achieves a welcome rhythm of vertical elements which help to define entrances to residential lobbies and avoid the perception of the buildings becoming a continuous wall of development from street level.

39 As indicated at the pre-application stage, a tall building at the southern end of the site would be consistent with the scale of the emerging townscape on the opposite side of Silvertown Way; however, the form of the building should be refined and relate to the rhythm and proportions of the other blocks.

Architecture

40 The overall architectural response to the site is supported and officers welcome the use of high quality brickwork which gives potential for a welcoming residential environment and varying brick tones/detailing to define individual massing elements and create visual interest. The massing arrangement for the Castalia building should be simplified to be viewed as an integral element of the wider scheme. Inclusive design and access

41 London Plan Policy 3.8 states that the Mayor and local authorities should ensure that 90% of new housing meets Building Regulation requirement M4(2) ‘accessible and adaptable dwellings’ and 10% meets Building Regulation requirement M4(3) ‘wheelchair user dwellings’, i.e. is designed page 7 to be wheelchair accessible, or easily adaptable for residents who are wheelchair users. The proposed dwellings have been designed to fully comply with Policy 3.8 and this is welcomed.

42 Seventeen onsite blue badge parking spaces are proposed, this is not in line with London Plan Policy 6.13 and is addressed later in this report under transport. Energy

43 Based on the energy assessment, for the domestic element an on-site reduction of 665 tonnes of CO2 per year in regulated emissions is expected, compared to a 2013 Building Regulations compliant development, equivalent to an overall saving of 57%. For the non-domestic element 249 tonnes or 37% is expected. As was requested at the pre-application stage, the applicant should investigate connecting to the existing Excel heat network. Flood risk and drainage

44 The site is within Flood Zone 3, and in an area that benefits from flood defences and is at low risk of tidal, fluvial, groundwater flooding and surface water flooding. Whilst the site itself has relatively little risk of surface water flooding, some areas in the near vicinity of the site have a more significant degree of surface water risk. The proposal includes a sustainable drainage strategy that uses lined underground attenuation tanks. This is acceptable. Air quality

45 The impacts of the Combined Heat & Power (CHP) have not been well modelled; this aspect of the impact assessment needs to be re-done to properly assess the impact. Similarly the transport element of the air quality neutral assessment should be done before the application is approved. Transport

Site access and highway impact

46 The proposed highway access arrangements and applicant’s public realm works along Silvertown Way and Peto Street into the site have been designed to dovetail into Newham Council’s ongoing feasibility and design work for the proposed Silvertown Way highway and public realm scheme. Further discussion about the approach to securing a mechanism for funding, phasing and delivery of the proposed Silvertown Way improvements is required. The low car trip generation is not expected to have a significant impact on the operation of the highway network.

Public transport impact

47 Peak flows and existing crowding on routes at Canning Town will need to be updated to clarify the impact of this development on the Underground and DLR services. Taking into account the estimated impact of the proposed development upon the transport network, further discussion between the applicant, TfL and Newham Council is required to secure a contribution towards station wayfinding. Except for during construction, which is discussed below, no significant impact on the capacity of the bus network is expected.

Car and cycle parking

48 137 parking spaces is proposed, this low provision is strongly supported; however, only 17 spaces would be designated as Blue Badge spaces. This is not compliant with London Plan standards, which would require 98 spaces. The proportion and management of Blue Badge spaces

page 8 should be justified, and clarification provided on how Blue Badge parking for the hotel will be managed.

49 Dedicated car club parking spaces should be provided on site and three years of free membership for the first residents of each dwelling secured. A car parking management plan and electric vehicle charging points (EVCPs) should also be secured by condition. Funding for the establishment of a Controlled Parking Zone and a restriction on occupiers securing an on-street parking permit should be secured.

50 1,684 long stay and 25 short stay residential cycle parking spaces will be provided, which is in line with the minimum London Plan standards and is welcomed. At least 5% should be useable by larger cycles, and where short-stay provision will be accommodated should be clarified.

Phasing and construction

51 The construction logistics plan (CLP) sets out the constraints of this site and that construction would take up to four years. The site would be generally developed from north to south with a construction compound at the south end of the site but there will be very limited access at the northern end of the site, where the only means of loading access will be from Silvertown Way.

52 An updated CLP setting out the full suite of measures to be introduced to minimise highway impact and maximise safety, and address and mitigate potential impacts on highway performance and bus operations should be submitted. This plan should reflect ongoing discussions and then further updates once a contractor has been appointed. For railway matters there will need to be a number of conditions secured and agreements with the applicant. Access to the DLR and Underground railway and the station’s emergency escape must remain operational throughout the construction and lifetime of the development.

Servicing, management and travel plans

53 The draft delivery and servicing plan (DSP) should be improved to include for example details of a concierge or other collection point. Suitable arrangements should be put in place to manage and maintain public access including by taxi, coach and private hire vehicle, and for management of deliveries. Public realm and open space management plans should also be secured. The framework travel plan has failed the ATTrBuTE assessment and should be updated and secured. Community Infrastructure Levy

54 The Mayor has introduced a London-wide Community Infrastructure Levy (CIL) to help implement the London Plan, particularly policies 6.5 and 8.3 toward the funding of Crossrail. The rate for the Borough of Newham is £20 per square metre. Where applicable the CIL charge would be offset against the higher section 106 Crossrail contribution, because part of this site is within one kilometre m of Custom House Crossrail station. Local planning authority’s position

55 Newham Council is awaiting receipt of an independent viability assessment to determine the final split between the affordable and intermediate units prior to making its position known. Legal considerations

56 Under the arrangements set out in Article 4 of the Town and Country Planning (Mayor of London) Order 2008 the Mayor is required to provide the local planning authority with a statement page 9 setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. Unless notified otherwise by the Mayor, the Council must consult the Mayor again under Article 5 of the Order if it subsequently resolves to make a draft decision on the application, in order that the Mayor may decide whether to allow the draft decision to proceed unchanged, or direct the Council under Article 6 of the Order to refuse the application, or issue a direction under Article 7 of the Order that he is to act as the local planning authority for the purpose of determining the application (the next bit is optional) and any connected application. There is no obligation at this present stage for the Mayor to indicate his intentions regarding a possible direction, and no such decision should be inferred from the Mayor’s statement and comments. Financial considerations

57 There are no financial considerations at this stage. Conclusion

58 London Plan policies on affordable housing, urban design, inclusive access, energy, air quality and transport are relevant to this application. Whilst the principle of the application is acceptable in strategic planning terms, it does not fully comply with the London Plan. The following changes might, however, lead to the application becoming compliant with the London Plan:

 Affordable housing: 35% by units/37% by habitable rooms. The applicant should review the proposal against the Mayor’s Draft Affordable Housing and Viability SPG. Further discussion is also required regarding affordable rent and intermediate split, and details on affordable rent levels and the intermediate offer.

 Urban design: Broadly supported; however, the massing and form of the Castalia building should be refined to integrate with the overall scheme and public realm.

 Energy: Broadly supported; however connection to the Excel heat network should be explored.

 Air quality: The applicant should reassess the impact of the Combined Heat & Power (CHP) and also conduct air quality neutral assessment for the transport element.

 Transport: Further discussions required between TfL, the applicant and Newham Council to agree an approach which will mitigate the impacts of this application at Canning Town station and for the enhancements to Silvertown Way and during construction. Clarifications/commitments on other matters as outlined in paragraphs 46- 53 are also required.

for further information, contact the GLA Planning Unit (Development & Projects Team): Colin Wilson, Senior Manager – Development & Projects 020 7983 4783 email [email protected] Sarah Considine, Strategic Planning Manager (Development Decisions) 020 7983 5751 email [email protected] Andrew Payne, Case Officer 020 7983 4650 email [email protected]

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