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Horse Guards Parade planning report PDU/2673/02 2 March 2011 Horse Guards Parade in the London Borough of Westminster planning application no. 10/09157/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 Temporary use of Horse Guards Parade, St James Park and the Mall for the Olympic and Paralympic beach volleyball and road events. Comprising a temporary 15,000 seat beach volley ball arena, 2 warm up courts, 6 practice courts, a second spectator stand for 3,000 people with associated front and back of house services. The applicant The applicant is the London Organising Committee for the Olympic and Paralympic Games. The architects are Populous, Allies and Morrison and Lifschutz Davidson Sandilands. Strategic issues The principle of the development to provide sporting facilities for the Olympic and Paralympic Games is in the interest of good strategic planning in London. The application is consistent with London Plan policy. The Council’s decision In this instance Westminster City Council has resolved to grant permission. Recommendation That Westminster City Council be advised that the Deputy 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. Context 1 On 8 November 2010 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 3D of the Schedule to the Order 2008: ”Development on land allocated as Green Belt or Metropolitan Open Land in the development plan, in proposals for such a plan, or in proposals for the alteration or page 1 replacement of such a plan and which would involve the construction of a building with a floorspace of more than 1,000 square metres or a material change in the use of such a building.” . 2 On 15 December 2010 the Deputy Mayor considered planning report PDU/2673/01, and subsequently advised Westminster City Council that whilst the application is broadly acceptable in strategic planning terms, further information and discussion is required on transport. 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. On 13 January 2011 Westminster City Council decided that it was minded to grant planning permission, and on 17 February 2011 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 or direct Westminster City Council under Article 6 to refuse the application. The Mayor has until 2 March 2011 to notify the Council of his decision and to issue any direction. 4 For this application the Mayor has delegated his planning function to Sir Simon Milton, Deputy Mayor for Policy and Planning. This report sets out information for the Deputy Mayor’s considration in deciding what decision to make. 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 Westminster City Council was advised that whilst the application is broadly acceptable in strategic planning terms, further information and discussion is required on transport. Transport for London’s comments 7 TfL is satisfied that the proposed temporary use of Horse Guards Parade, St James’s Park and The Mall for the Olympic Beach Volleyball and Road Events does not present any transport issues of strategic importance but will require continuing discussions to take place between TfL, LOCOG, the ODA and Westminster City Council in relation to the necessary transport management issues such as crowd management and safe access to and from the local Underground Stations and bus services. TfL note that permission does not discharge the requirements under the Traffic Management Act 2004 and formal notifications and approval may be needed for any associated temporary highway works required. Other comments 8 English Heritage has no objection to the granting of planning permission subject to conditions being imposed upon any planning permission granted relating to the safeguarding of listed structures. 9 The Royal Parks supports LOCOG’s planning application to host the events in St James Park and will continue to work with LOCOG in it preparations to stage world-class events in 2012. 10 CABE offers a warm welcome to the proposals for the 2012 Olympic beach volleyball events. The design for temporary facilities show evidence of thorough work by LOCOG, in partnership with a wide range of organisations, including the Royal Parks. 11 St James Conservation Trust supports the Olympics and takes pride in the fact they will take place in its area. However, it requests adequate measures to safeguard listed buildings, page 2 statues and items, measures to reduce the hot spot of noise nuisance at Marlborough House. It also requests that St James Park, The Mall and Marlborough House be re-opened to the public as soon as it is feasible. Measures are adequately taken to police the area and effective road and footway cleaning and toilets are provided. 12 The Thorney Island Society’s overall concern is that the holding and accommodating of the games should cause the minimum of damage and disturbance to all aspects of the environment and local residents, and that the Park and adjoining areas will be retuned to the agreed status, and at no cost to the residents of Westminster. 13 The Westminster Society is disappointed at the extent to which the venue will intrude into St James Park and the inclusion of Marlborough Road, which will increase potential traffic issues over a wide area. At 19 metres in height the stands will be dominant in relation to existing buildings. 14 Westminster City Council also received eight letters of objection and one letter of support for the proposal. Objections relate to: Parking. Access to and across St James Park during the Games. The walkway on Marlborough Road is too small. Impact on wildlife. St James Park should be restored to its original condition. Location of operation compound in the south east corner of the park. Residents should have access to their homes at all times with no security checks. Clarification of media and seating locations in relation to private dwelling homes. 15 The letter of support states that it is an excellent plan and that St James Park and the surrounding roads and buildings will provide a splendid London backdrop to these events. Response to consultation 16 Issues relating to design, access, transport, biodiversity and the reinstatement of the park have been addressed in this and the previous report. 17 Localised parking and residential amenity issues have been assessed by Westminster City Council. Legal considerations 18 Under the arrangements set out in Article 5 of the Town and Country Planning (Mayor of London) Order 2008 the Mayor has the power under Article 6 to direct the local planning authority to refuse permission for a planning application referred to him under Article 4 of the Order. The Mayor may also leave the decision to the local authority. In directing refusal the Mayor must have regard to the matters set out in Article 6(2) of the Order, including the principal purposes of the Greater London Authority, the effect on health and sustainable development, national policies and international obligations, regional planning guidance, and the use of the River Thames. The Mayor may direct refusal if he considers that to grant permission would be contrary to good strategic planning in Greater London. If he decides to direct refusal, the Mayor must set out his reasons, and the local planning authority must issue these with the refusal notice. The Mayor must also have regard to the guidance set out in GOL circular 1/2008 when deciding whether or not to issue a direction under Articles 6. Financial considerations page 3 19 Should the Mayor direct refusal, he would be the principal party at any subsequent appeal hearing or public inquiry. Government guidance in Circular 03/2009 (‘Costs Awards in Appeals and Other Planning Proceedings’) emphasises that parties usually pay their own expenses arising from an appeal. 20 Following an inquiry caused by a direction to refuse, costs may be awarded against the Mayor if he has either directed refusal unreasonably; handled a referral from a planning authority unreasonably; or behaved unreasonably during the appeal. A major factor in deciding whether the Mayor has acted unreasonably will be the extent to which he has taken account of established planning policy. Conclusion 21 The principle of the development to provide sporting facilities for the Olympic and Paralympic Games is in the interest of good strategic planning in London. The application is consistent with London Plan policy. for further information, contact Planning Decisions Unit: Colin Wilson, Senior Manager – Planning Decisions 020 7983 4783 email [email protected] Justin Carr, Strategic Planning Manager (Development Decisions) 020 7983 4895 email [email protected] Kim Hoffman, Case Officer 020 7983 6589 email [email protected] page 4 planning report PDU/2673/01 15 December 2010 Horse Guard Parade in the London Borough of Westminster planning application no. 10/09157/FULL Strategic planning application stage 1 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 Temporary use of Horse Guards Parade, St James Park and the Mall for the Olympic and Paralympic beach volleyball and road events.
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