planning report D&P/4178/02 5 February 2018 Westfield Stratford in the Borough of Newham, (London Legacy Development Corporation) planning application no. 17/00032/FUL

Strategic planning application stage II referral Town & Country Planning Act 1990 (as amended); Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008. The proposal Extension and reconfiguration of the existing shopping centre comprising the change of use of subterranean car parking spaces to provide 14,532 sq.m. of retail floorspace, 9,429 sq.m. of ancillary and back of house space, 20,238 sq.m. of new car parking (579 spaces), the insertion of escalator enclosures on Level 14 (The Street) and associated internal and below grade works to facilitate new vehicle, pedestrian and service access arrangements. The applicant The applicant is Westfield Europe Ltd and the architect is Lesley Jones Architecture. Key dates Pre-application meeting: 1 February 2017. Stage 1 report: 3 April 2017. LLDC Committee meeting: 27 June 2017. Strategic issues • Convergence - Measures to provide training opportunities for local people are secured through the S106 (paragraph 9). • Urban design - Concerns regarding the impact of the development on pedestrian connectivity between Stratford Regional Station and the Queen Elizabeth Olympic Park have been satisfactorily addressed (paragraph 10). • Inclusive design - Satisfactory details of the Blue Badge parking arrangements have been provided and secured through the S106 (paragraph 12). • Transport - Outstanding concerns relating to impacts on Stratford Regional Station, pedestrian and cycling improvements, cycle parking, electric vehicle charging points, delivery and servicing and phasing have been satisfactorily addressed (paragraphs 13-15). The Corporation’s decision In this instance, the Corporation has resolved to grant permission. Recommendation That the LLDC 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.

Context 1 On 20 February 2017, the Mayor of London received documents from the London Legacy Development Corporation (LLDC) 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 1Bc of the Schedule to the Order 2008: • 1Bc: 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.

2 On 3 April 2017, the Mayor considered planning report D&P/4178/01, and subsequently advised the LLDC that the application did not comply with the London Plan, for the reasons set out in paragraph 28 of the above-mentioned report; but that the possible remedies set out in that paragraph could address those 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.

4 On 27 June 2017, the LLDC decided that it was minded to grant planning permission and on 23 January 2018 advised the Mayor of this decision and provided all necessary documentation. 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 the London Legacy Development Corporation under Article 6 to refuse the application. The Mayor has until 6 February 2018 to notify the Corporation of his decision and to issue any direction.

5 The decision on this case, and the reasons will be made available on the GLA’s website www.london.gov.uk. Consultation stage issues summary 6 At the consultation stage, the LLDC was advised that the application did not comply with the London Plan, for the reasons set out below, but that the resolution of these issues could lead to the application becoming compliant with the London Plan: • Convergence: The provision of local employment opportunities during the scheme’s construction and operational phases was welcomed at Stage 1, but it was recommended that this be confirmed and robustly secured within any planning permission. • Urban design: The applicant was required to demonstrate that the proposed escalator structures would allow for unencumbered, safe public connectivity into and from the Queen Elizabeth Olympic Park. • Inclusive design: The applicant was required to confirm that Blue Badge parking provision would accord with London Plan standards. • Transport: A number of strategic transport issues were identified at Stage 1 including the application’s potential impact on overcrowding at Stratford Regional Station, (in particular on “event days”), the proportion of people with reduced mobility who would use the station, the need for pedestrian and cycle improvements in the vicinity of the site, the proposed level of Blue Badge parking, cycle spaces and Electric Vehicle Charging Points; delivery, servicing and construction impacts, the need for the additional people the expanded centre would attract to not constrain the area’s wider connectivity, the implications of the Elizabeth Line opening in 2019, and the need for a contribution towards a TfL led study into improvements to Stratford Regional Station.

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Strategic planning policy and guidance update 7 On 1 December 2017, the Mayor published his draft London Plan for public consultation. Update 8 Since Stage 1, GLA officers have reviewed further information and engaged in discussions with the applicant, the Corporation, and TfL officers with a view to addressing the above matters. Furthermore, as part of the LLDC’s draft decision on the case, various planning conditions and obligations have been proposed to ensure that the development is acceptable in planning terms. Convergence 9 The applicant produced a convergence statement with its application that showed how its planning application would help close the deprivation gap between the Olympic host boroughs and the rest of London, one element of which was that it would provide local employment opportunities during the scheme’s construction and operational phases. In response to comments made at consultation stage, a sum of £1.1m has been secured within the draft S106 for training and employment initiatives and the applicant has committed to promote local recruitment. The proposals comply with policy 2.4 of the London Plan (Convergence) and policy E11 of the draft London Plan. Urban design 10 At consultation stage, the applicant was required to demonstrate that the proposed escalator structures would allow for unencumbered, safe public connectivity into and from the Queen Elizabeth Olympic Park.

11 Crowd modelling studies were therefore submitted which were assessed by LLDC planning officers and the LLDC’s Parks Operations and Venues Team who have concluded that the proposals are acceptable providing existing crowd management arrangements and solutions are carried forward. The provision of an alternative (lower level) connection between the two ends of the centre may also relieve surface pedestrian congestion. The proposals comply with policies 7.1 (Lifetime neighbourhoods), 7.5 (Public realm), 2.4 (Convergence) and 6.10 (Walking) of the London Plan and policies D1-D3 and T2 of the draft London Plan. Inclusive design 12 The applicant was required at Stage 1 to confirm that Blue Badge parking provision would accord with London Plan standards. In response, the applicant submitted evidence that showed that 25% and 28% of the centre’s existing Blue Badge spaces were currently used on weekdays and weekends respectively, and that the additional 37 Blue Badge spaces its application proposed would therefore be sufficient to accommodate existing and anticipated demand. The draft S106 also requires Blue Badge parking demand to be monitored and for passive Blue Badge spaces to be converted to active spaces should future demand arise - up to a maximum of 10% of all car parking spaces. This managed approach is acceptable and the proposals now comply with policy 6.13 (Parking) of the London Plan and policies D3 and T6 of the draft London Plan. Transport 13 A number of strategic transport issues were raised at consultation stage including the application’s impact on Stratford Regional Station (in particular on “event days”), the proportion of people with reduced mobility who would use the station, the need for pedestrian and cycle improvements in the vicinity of the site, the proposed level of Blue Badge parking, cycle spaces and Electric Vehicle Charging Points; delivery, servicing and construction impacts, the need for the additional people the expanded centre would attract to not constrain the area’s wider connectivity, the implications of the Elizabeth Line opening in 2019, and the need for a contribution towards a TfL led study into improvements to Stratford Regional Station.

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14 A contribution of £100,000 has been secured that would be paid via the LLDC to TfL upon grant of planning permission which would be used to complete the feasibility and modelling work. This study will identify improvements at Stratford station which will be taken forward with LLDC and other stakeholders to identify and deliver potential interventions to address overcrowding concerns. A contribution of £2m will be also paid to LLDC for connectivity improvements in the vicinity of the site and within the wider town centre including public realm enhancements. Other obligations in the S106 agreement secure updates to the existing Travel Plan, monitoring to deliver additional blue badge parking, electric vehicle charging points and cycle parking when demand is close to being met. A Construction Logistics Plan, Traffic Management Strategy and Delivery and Servicing Plan are secured by condition.

15 The proposed development is therefore in general accordance with the transport policies of the London Plan and the draft London Plan. Response to consultation 16 The LLDC publicised the application through 5 site notices displayed in the vicinity of the site, placed a press notice in the Newham Recorder and sent 52 consultation letters to local businesses, land owners and occupiers. John Lewis responded by expressing concerns that the proposals would have negative impacts on car parking and the local transport network and that the applicant’s transport assessment was inadequate, but no other responses were received to this consultation.

17 The following additional statutory and non-statutory consultation was undertaken: • : Confirmed it had no comments. • Environment Agency: Confirmed it had no objections, but asked that infiltration systems and piling should be designed to take account of potential land contamination. • Historic England: Advised that it had not been necessary for it to have been notified. • LLDC’s Quality Review Panel: Asked that visual connections between the lower ground and ground floor levels be strengthened, that daylight be introduced into the lower ground floor and that the scheme fully exploit the opportunity to bring wider improvements to the public realm of Westfield . • London Borough of Hackney: Confirmed it had no objections. • : Asked for local labour agreements to ensure a proportion of jobs in construction and end use phases be secured for residents, suggested that disabled persons’ parking, electric vehicle charging and parking, and cycle parking was insufficient, and that the proposed retail floorspace might adversely impact the wider town centre and that the LLDC address this potential imbalance. It also confirmed that the proposed waste management plans were satisfactory. • London Borough of Tower Hamlets: Confirmed it had no comments. • London Borough of Waltham Forest: Confirmed it had no objection. • London Fire and Emergency Planning Authority (LFEPA): Confirmed it was satisfied with the proposals providing water supply for firefighting purposes would be sufficient and existing water supply arrangements would continue. It also strongly recommended a sprinkler system be installed. • Metropolitan Police: Did not make comments. • Natural England: Provided standard advice that any permission should identify and address potential impacts on bio-diversity, landscape, breeding birds, hydrology and protected species caused by construction, lighting and major events.

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• Network Rail: Confirmed that the scheme’s design, construction and maintenance should not impact on its land or operations.

18 Having considered the above consultation responses, the LLDC has provided specific responses within its Committee report and proposed various planning conditions and section 106 obligations in response to the issues raised, where applicable. The LLDC has also agreed to include a condition in response to the LFEPA’s concerns regarding fire safety and the requirements of London Plan policy 7.15 (Safety, security and resilience to emergency) and draft London Plan policy D11 (Fire safety).

19 Having had regard to this, GLA officers are satisfied that the statutory and non-statutory responses to the Corporation ’s consultation process do not raise any material planning issues of strategic importance that have not already been considered at Stage 1, and/or in this report. Draft Section 106 agreement 20 The draft section 106 agreement includes the following provisions: • A £2m contribution towards local connectivity improvements. • A £100,000 contribution towards TfL congestion relief modelling work. • A requirement to update and extend the life of the Centre’s existing travel plan by 5 years. • Cycle parking monitoring and the provision of up to 83 additional long stay and 65 short stay cycle parking spaces should demand require it. • Electric Vehicle Charging Points monitoring and additional provision if usage is close to capacity. • Blue badge parking bay monitoring and additional provision (up to 10% of total spaces) should usage be close to capacity. • A £1.1 local training and employment contribution payable to the London Borough of Newham together with local recruitment obligations. Legal considerations 21 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.

22 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. Financial considerations 23 Should the Mayor direct refusal, he would be the principal party at any subsequent appeal hearing or public inquiry. Government Planning Practice Guidance emphasises that parties usually pay their own expenses arising from an appeal.

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24 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 25 The strategic issues raised at consultation stage regarding convergence, urban design, inclusive design and transport have been appropriately addressed, and conditions and section 106 obligations secured. As such, the application complies with the London Plan and the draft London Plan and there are no sound reasons for the Mayor to intervene in this case.

for further information, contact GLA Planning Unit (Development & Projects Team): Juliemma McLoughlin, Assistant Director - Planning 020 7983 4271 email [email protected] Sarah Considine, Senior Manager - Development & Projects 020 7983 5751 email [email protected] Lyndon Fothergill, Principal Strategic Planner, Case Officer 020 7983 4512 email [email protected]

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