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PDU Case Report XXXX/Yydate planning report PDU/0524b/02 12 March 2009 Riverside South, Canary Wharf in the London Borough of Tower Hamlets planning application no. PA/07/00935 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 Amendments to previously approved scheme comprising major office development in two towers of 35 and 45 storeys linked by a lower podium building with ancillary uses including retail, restaurant, gym and conference facilities, and providing a riverside walkway and public park. The applicant The applicant is Canary Wharf Ltd, and the architect is Rogers Stirk Harbour & Partners. Strategic issues Outstanding issues relating to design, energy and transport have been satisfactorily resolved. Having regard to the Council’s draft decision notice there are no sound planning reasons for the Mayor to intervene in this particular case and therefore no basis to issue a direction under Article 7 of the Order 2008. Recommendation That Tower Hamlets 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 2 March 2008 the Mayor of London received documents from Tower Hamlets 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 1B of the Schedule to the Order 2008: ““Development…which comprises or includes the erection of a building….outside Central London and with a total floorspace of more than 15,000 square metres….” and category 1C “Development which comprises or includes the erection of a building…more than 30 metres high and outside the City of London.”. 2 On 17 December 2008 the Mayor considered planning report PDU/0524b/01, and subsequently advised Tower Hamlets Council that the application did not comply with the London Plan, for the reasons set out in paragraph 51 of the above-mentioned report; but that the possible remedies set out in paragraph 53 of that report could address these deficiencies. 3 A copy of the above-mentioned report is attached as appendix one. 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, further information has been submitted in response to the Mayor’s concerns (see below). On 19 February 2009, Tower Hamlets Council decided that it was minded to grant planning permission for the application, and on 2 March 2009 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 Tower Hamlets Council under Article 6 to refuse the application or issue a direction to Tower Hamlets Council under Article 7 that he is to act as the Local Planning Authority for the purposes of determining the application and any connected application. The Mayor has until 13 March 2009 to notify the Council of his decision and to issue any direction. 4 The environmental information for the purposes of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 has been taken into account in the consideration of this case. 5 The decision on this case, and the reasons will be made available on the GLA’s website www.london.gov.uk. Update 6 At the consultation stage Tower Hamlets Council was advised that the application did not comply with the London Plan, for the reasons set out in paragraph 51 of the above-mentioned report; but that the possible remedies set out in paragraph 53 of that report could address these deficiencies: • Mixed use: the omission of the previously proposed retail floorspace renders the scheme non-compliant with London Plan policies 3B.3 and 5G.3. This is, however, acceptable in this instance for the reasons explained in paragraph 24 of this report, subject to further design work. • Urban design: the design amendments are broadly acceptable in line with London Plan design policies but the removal of the retail use and the public route through the site is disappointing. • Energy: the energy strategy broadly complies with London Plan energy policies, but lacks certain detailed information. • Transport: the application complies with London Plan policy 3C.21 but fails to provide a sufficient number of cycle parking spaces as required by policy 3C.22. In the absence of a contribution to Crossrail, the application does not comply with London Plan policies 3C.2 and 6A.4. Urban design 7 Whilst the overall scale, composition and layout of the proposed development remains unchanged from that previously approved, the omission of the retail element gave rise to concerns over a reduction in activity at ground level and its impact on interaction with and surveillance of the external public environment. The applicant was asked to give more thought to ways of increasing activity at ground level and undertake further illustrative work to overcome these concerns. 8 The applicant’s response relies principally on existing conditions in the vicinity of the site and proposed improvements to the riverside walk and new public open space. Additional visual information has been submitted which demonstrates the relationship between the proposed development and the existing terrace of restaurants and riverboat pier to the immediate north of the site, to which there is currently no pedestrian access along the riverside from the south. It is accepted that creation of the new riverside walkway along the western edge of the application site will increase pedestrian footfall and activity in this area. The illustrative landscaping scheme submitted with the application provides a sound basis for creation of a high quality public realm. Further details of the riverside walkway will be secured by condition, along with a landscape management strategy to include a planting scheme and identify long term design objectives. This satisfactorily addresses the concerns raised at consultation stage. Energy 9 At consultation stage, the applicant was requested to provide further information relating to energy consumption by end-use, the size of the absorption chillers and allocation of sufficient plant space, flexibility for connection to a future district heating network and clarification of carbon saving calculations for the river water cooling system. 10 The applicant has provided a response which adequately addresses the queries raised. The main principles of the strategy, which comprises passive design and energy demand reduction measures, a large scale (4.6 MWe) tri-generation system, 2,000 sq.m. of photovoltaics and a river- water cooling system, are sound in relation to London Plan policy requirements, although the river- water cooling system remains subject to further testing and approval of the relevant authorities. The detailed feasibility work necessary to establish its deliverability will be secured via condition. Total carbon savings of 24.3% are also secured by condition. Transport 11 At the consultation stage TfL welcomed the submission of a PERS assessment and the commitment to provide contributions to improve the pedestrian environment. These will be secured through the section 106 improvements to the public realm. 12 TfL’s concerns about the impact of alterations to Heron Quays roundabout and the construction of the bridge to the Newfoundland site on the TLRN will be addressed by a condition to secure a traffic management plan. The approval of any measures should be taken in consultation with TfL. 13 Whilst TfL welcomes the condition to secure at least 466 cycle spaces for the office element of the scheme, this remains lower than TfL cycle parking standards. Whilst this is disappointing, it is acknowledged that the travel plan, to be secured by section 106 agreement, will include rigorous targets to promote cycling. 14 Although not requested by TfL, the section 106 heads of terms include an additional welcome contribution of £155,000 for DLR and £46,000 for buses. The previously approved scheme already provided £3 million and £946,000 respectively. 15 Policy 3C.12A of the Proposed London Plan Alterations states that “In view of the strategic regional importance of Crossrail to London’s economic regeneration and development, developments which contribute to the transport needs that the project will wholly or partly address will be required to contribute towards its funding through the use of planning obligations, in accordance with relevant legislation and policy guidance”. This is underpinned by London Plan Policy 6A.4 (and as amended in the Proposed London Plan Alterations), which establishes the strategic priorities for planning obligations. This states that affordable housing and transport should generally be given the highest importance. 16 Paragraph 4.9 of the SPG states that “…contributions should be sought in respect of office development in the Central Activities Zone and the northern part of the Isle of Dogs which involves a net increase in office floorspace of more than 500 sq.m.”. The stage 1 report sought a Crossrail contribution of £1.38 million. This figure was subsequently corrected by letter to the Council dated 18 December 2008 to £2,571,099. 17 Following negotiations with GLA and Council officers, the applicant has now committed to make a financial contribution of £2 million towards Crossrail. Taking into account the fact that the application was submitted prior to the publication of the draft policy, and the early stage reached so far in the alteration process, together with the scale of the proposed office uplift, the amount secured for this application is considered acceptable.
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