planning report D&P/3505/02 18 November 2015 Dingwall Avenue, Croydon in the London Borough of Croydon
Stopping up order
Section 247 of the Town and Country Planning Act 1990 (as amended) by Schedule 22 of the Greater London Authority Act 1999
The proposal
The stopping up of Dingwall Avenue.
Recommendation
That Croydon Council be advised that the Mayor is content to give his consent to Croydon Council making the Stopping Up Order.
Context
1 By a letter dated 22 September 2015 Croydon Council requested that the Mayor of London give his consent, as required by sub-section 252 (8A)(b)(ii) of the Town and Country Planning Act 1990 (“the Act”), to the making of a Stopping Up Order under Section 247 of the Act. This reports sets out information for the Mayor’s consideration in deciding whether to give his consent.
2 The Mayor of London’s decision on this case will be made available on the GLA website www.london.gov.uk. Site description
3 The area proposed to be stopped up comprises the complete width of Dingwall Avenue from the back edge of the footway along Wellesley Road and extending westwards for a distance of 117 metres.
4 Dingwall Avenue is located in Central Croydon and forms part of a larger seven hectare development site that comprises the Whitgift Centre and the majority of the land bounded by and including parts of Poplar Walk, Wellesley Road, George Street and North End; with the exception of the properties fronting George Street (excluding the former Allders and 9a George Street), a number of properties along North End, Green Park House, Meridan House, the HSBC building and Electric House on Wellesley Road. The site is located within the Primary Shopping Area of Croydon Metropolitan Centre as defined by the Croydon Local Plan Policies Map and as a result is occupied by a variety of town centre uses, principally the Whitgift Shopping Centre, the former Allders department store, several predominantly vacant office buildings and associated car parking.
page 1 Details of the proposal
5 The area of highway to be stopped up consists of the complete width and length of Dingwall Avenue from the back edge of the footway along Wellesley Road, which is located immediately to the north of Electric House and runs westwards for a distance of 117 metres, covering an area of 2, 482 square metres. Dingwall Avenue currently provides the primary access road to a multi-storey car park known as Allders Car Park. A map showing the exact area subject to the order is annexed to this report.
6 Dingwall Avenue requires stopping up as the western portion that extends towards the centre of the development site will be built upon to provide a new department store. While the eastern portion is also subject to the Order, this will provide a new tree-lined public square referred to as Electric Square in the planning application documents, a new taxi rank and to retain access to existing properties that are not within the application boundary. As this will form a key entrance to the new development including the southern anchor store, it requires consistent public realm over which the developer can have control over access, management, maintenance and security.
7 The comprehensive development involves a program of part demolition and refurbishment, the development will provide a range of town centre uses with a maximum floorspace of 357,138 sq.m. divided into the following uses:
Retail (A1-A5) – 136,551 sq.m.
Leisure (D2) – 16,428 sq.m.
Residential (C3) – 32,512 - 48,924 sq.m.
Community (D1) – 1,135 sq.m.
Office (B1) – 1,921 sq.m.
Car Parking - 11,920 sq.m.
Malls – 18,684 sq.m.
Back of house – 19,575 sq.m.
Background
8 Croydon Council granted planning permission on 5 February 2014 (reference 12/02542P) for the redevelopment of the Whitgift Centre and surrounding land bounded by and including parts of Poplar Walk, Wellesley Road, George Street and North End. As described above the stopping up of Dingwall Avenue is integral to the redevelopment of the site.
9 Croydon Council gave notice of its proposal to make the Stopping Up Order on 22 September 2015.
10 On 18 September 2014 Croydon Council notified the Mayor that objections had been received to the Stopping Up Order which had not been withdrawn. At that time there were eight outstanding objections from:
HSBC Bank PLC
page 2 Whitgift One, Whitgift Two and the Whitgift Trust
Eagle Croydon Centre A Ltd
Stairview Estates Ltd
Albermarle Croydon LLP
Croydon Plaza Ltd, Minerva Finance Ltd, Minerva Stores Ltd and Park Place Limited Partnership
11 As none of these outstanding objections had been made by a local authority, undertaker or transporter the Mayor was requested to decide, in accordance with Section 252 (5A) of the act whether, in the “special circumstances of the case” the holding of an inquiry was unnecessary.
12 In the circumstances, the Mayor considered that the requirement to dispense with an inquiry had not been demonstrated and he wrote to Croydon Council on 22 October 2014 informing the Council of that decision.
13 An inquiry was duly held, which ran concurrently with a related Compulsory Purchase Order inquiry. Together these sat on dates between 3 February 2015 and 13 March 2015. Inspector’s Consideration
14 The Inspector noted that National Car Park Ltd, Whitgift One, Whitgift Two and the Whitgift Trust and Virgin Media withdrew their objections and did not consider them further. The Inspector considered all of the other objections and concluded that he was content that the stopping up of Dingwall Avenue is necessary to enable development to be carried out in accordance with the outline planning permission for the scheme that has been granted by the Council.
15 The Inspector noted that only outline consent has been given but concluded that it was inconceivable that there would be a significant change in the location of the southern anchor store or the retention of the Allders car park. The Inspector also addressed the concern that if the related CPO was not confirmed but the Stopping Up Order was, the occupiers and owners could be prevented from gaining pedestrian, vehicular and maintenance access, and the related concern that if both the CPO and Stopping Up Order were confirmed this could colour negotiations over compensation as the owners and occupiers would have no right of access. He also addressed the concern regarding access to the buildings that fall outside the ambit of the CPO.
16 The Inspector noted that the Council and developer had considered these potential outcomes and in order to avoid what were clearly unintended and unfortunate consequences had proposed an Access, Management and Maintenance (AMM) Agreement to be entered into between the Council and the developer. Contractual arrangements would be put in place to ensure that on transfer of the land to the developer, the owners of the land will be bound by the terms of the AMM Agreement. This will provide for public pedestrian access, vehicular access to the retained properties and rights of entry for servicing and maintenance, access for statutory undertakers to inspect, repair and maintain their apparatus and access by emergency vehicles.
17 The Council also proposed amendments to the Stopping Up Order by adding two conditions. These would ensure that stopping up would not take effect until the Council is satisfied that the development is about to be carried out in the relevant area and that land
page 3 interest in the acquisition properties (and subsoil of Dingwall Avenue) have been acquired pursuant to the CPO, or by agreement.
18 The Inspector concluded that the combination of the AMM Agreement and proposed alteration to the Stopping Up Order would ensure that the unintended and unfortunate consequences would not arise and therefore recommended that the Stopping Up Order be made subject to the amendments set out in LBC 9.2 Appendix S18. Legal Considerations
19 Section 252(8A) of the Act provides that where a London borough council proposes to make a Stopping Up Order under s247 of the Act after:
(a) considering any objections to the Stopping Up Order which are not withdrawn, and
(b) where a local inquiry is held, considering the Inspector’s report, and
(c) obtaining the Mayor’s consent to the making of the Stopping Up Order, the council may make the Stopping Up Order either without modification or subject to such modification as it thinks fit.
20 As set out above Croydon Council has considered those objections to the Stopping Up Order which were not withdrawn and, after holding an Inquiry, has considered the Inspector’s report and made modifications to the Order in accordance with the Inspector’s recommendations as set out in that report.
21 If the Mayor gives his consent as is now sought, Croydon Council may proceed to make the Stopping Up Order and in that event are required to publish notice to that effect. A six week period for the making of any judicial challenge to the validity of the order follows the date of publication of the notice of making of the order.
Financial Considerations
There are no financial considerations relevant to this issue.
Conclusion
22 The Inspector recommended that the Stopping Up Order be made subject to the amendments set out in LBC 9.2 Appendix S18. The Council now wishes to make the Stopping Up Order and has provided an amended version of the Order, with the proposed amendments and has requested the Mayor’s consent. It is recommended that this is given.
for further information, contact GLA Planning Unit (Development & Projects Team) Colin Wilson, Senior Manager – Development & Projects 020 7983 4783 email [email protected] Justin Carr, Strategic Planning Manager (Development Decisions) 020 7983 4895 email [email protected]
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