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Item No. Classification Decision Level Date 4 OPEN PLANNING 21.3.06 COMMITTEE From Title of Report Head of Planning and Transport DEVELOPMENT CONTROL Proposal (05-AP-1694) Address Provision of market square and basement land bounded by Elephant Road, service area. Castle Industrial Estate, Deacon Way and open space fronting Walworth Road (Also see linked application 05 - AP - 1693) Ward East Walworth PURPOSE 1 To consider the above application, which is for Planning Committee, consideration because of the number of objections received and because it is linked to a major application (05 – AP – 1693) included for consideration elsewhere in this agenda. RECOMENDATION 2 Grant planning permission subject to a legal agreement and heads of terms as outlined in the report for the Castle Industrial Estate (ref 05 – AP – 1693). BACKGROUND 3 The application site forms part of a wider area identified for major regeneration by the GLA and the London Borough of Southwark. The Elephant and Castle have been identified is an Opportunity Area. Supplementary Planning Guidance was adopted in 2004 for this area and is known as the Elephant and Castle Development Framework. The Framework identifies the preferred structure, form and setting out of new development at Elephant Castle. 4 The application site currently accommodates an existing playground and green open space. The site measures 0.16 hectare, which forms an integral part of the proposed development on the Castle Industrial Estate the Elephant and Castle Master Plan. The application site is bounded by the main application site (Castle Industrial Site) to the north, the Heygate Housing estate to the east and an open space area fronting onto Walworth to the south with Elephant Road and the Elephant and Castle Railway Station to the west. 5 The application site is defined by the London Plan as one of a ring of Opportunity Areas on the periphery of central London area. The site falls within the Central Activities Zone as defined by the Adopted Unitary Development Plan 1995 and the Emerging Southwark Plan (February 2004) 6 The application relating to the market square should be read in parallel to the main application for the redevelopment of the Castle Industrial Estate. (ref 05 – AP – 1693). 7 The design proposals for the application site and that of the adjoining should be regarded as one development although submitted as two separate applications. 8 The proposals incorporate two integral parts for the regeneration of the Elephant and Castle, namely the provision of a market square and a basement service yard with access provided through the redevelopment of the Castle Industrial Estate (ref 05 – AP – 1693) 9 The basement service yard provides access for deliveries and access by lift and stairs to and from the market square. This is a provision of around 300sqm storage area which will be developed in detail in consultation with market traders. 10 An access lift and staircase will be located within a freestanding single storey pavilion to the south of the proposed market square. 11 Service provision for market stalls will be provided within the landscaping scheme for the market square. 12 The canopy in the master plan linking the two sides of the market square is shown on the accompanying plans for purposes of completeness to indicate the future scenario; however implementation of this would be deferred until the reconstruction of the railway station is realized. 13 The proposals for the market square should be read in parallel to the proposals for the redevelopment of the Castle Industrial Estate (ref 05 – AP – 1693) as reported elsewhere in this agenda. FACTORS FOR CONSIDERATION Main Issues 14 The main issues in this case are: • The principle of the development • The general design and landscaping of the proposal • The provision of costly infrastructure • The acceptability of proposed uses • If the proposed scheme is future proof whilst complying with the current scenario • The implementation of significant “enabling” infrastructure for the regeneration of the Elephant and Castle. Planning Policy London Plan Adopted February 2004 15 Southwark Unitary Development Plan 1995 [UDP]: Policy H.1 New and existing Housing: Policy B.1 Employment Protection: Policy S2 Retail Outlets and Street Markets. Policy T1 Location and Design of New Developments: Policy R.2.1 Regeneration Area: Policy R. 2.2 Planning Agreements: Policy E.1.1 Safety and Security of the Environment. Policy E.2.3 Aesthetic Control : Policy E.2.4 Access and Facilities For People With Disabilities: Policy E.2.5 External Space: Policy E.3.1 Protection of Amenity: Policy E.3.2 Environmental Assessment: Policy E.5.1 Sites of Archaeological importance: Policy S.2.1 New Retails Outlets Under 2000m²: Policy T.1.2 Location of Development in Relation to the transport Network Policy T.6.2 Off Street Parking: Policy T.6.3 Parking Space in New Development Policy C.5.1 Open Space Provision Policy C.5.2 Protection of Play Spaces and Facilities for Children Policy C.5.3 Community Open Space Policy C.5.4 Protection of Private and Public Urban Open Space. The Southwark Plan [Revised Draft] February 2005 16 Policy 1.2 Opportunity Area and Local Areas: Policy 1.8 Location of retail Provision and Other Town Centre Uses: Policy 2.5 Planning Obligations: Policy 3.1 Environmental Effects: Policy 3.2 Protection of Amenity: Policy 3.11 Quality in Design: Policy 3.13 Urban Design: Policy 3.14 Designing Out Crime: Policy 3.19 Archaeology Policy 3.27 Other Open Space Policy 5.1 Locating Development: Policy 5.2 Transport Improvements: Policy 5.3 Walking and Cycling: Policy 5.6 Car Parking: Planning Policy Statement 1 (PPS1) ' Creating Sustainable Communities’ Planning Policy Statement 6 (PPS6) ‘Town Centres’ Consultations Site Notice: 26/01/06 Press Notice: 26/01/06 17 Consultees: 26/01/06 Units 1 to 5, 110 Castle Industrial Estate Elephant Road London SE17 1LA Elephant and Castle Station Elephant Road London SE17 1LB Railway Arches 109 – 113, 113c, 119, 122 Elephant Road London SE17 1LB 1 – 7, 8 Farrell Court Elephant Road London SE17 1LB 236, 237, 337, 338, 335 - 336 Shopping Centre Elephant and Castle London SE17 6SZ 1 - 216 Claydon Deacon Way London SE17 1 – 242 Ashenden Deacon Way London SE17 1 – 40 Chearsley Deacon Way London SE17 1SP 1 – 81 Cuddington Deacon Way London SE17 1 – 3 Risborough Deacon Way London SE17 41 - 72 Chearsley Deacon Way London SE17 Flats 1 – 99 Albert Barnes House New Kent Road London SE1 Flats 1 – 17 St Matthews Court Meadow Row London SE1 Flats 1 – 54 Smeaton Court Arch Street London SE1 Flats 1 – 414 Metro Central Heights 119 Newington Causeway London SE1 Flats 1 – 14, 88 Walworth Road London SE1 6SW Flats 1 - 8 Hampton House Hampton Street London SE1 6SN St Matthews Vicarage Meadow Row London SE1 6PQ Store, Lower Ground floor Smeaton Court Rockingham Street London SE1 6PF Hand in Hand Meadow Row London SE1 6PQ 37 Arch Street London SE1 125 Newington Causeway London SE1 6BN 10 – 20 (even Numbers) Walworth Road London SE1 6SP 80 - 86 (even Numbers) Walworth Road London SE1 143 Eagle Yard 88 Walworth Road London SE1 6SW Arch 145 Eagle Yard 145 Walworth Road London SE1 6SW 90 Walworth Road London SE1 92, 92a Walworth Road London SE1 6SW 2 Hampton Street London SE1 6SN 94-96 Walworth Road London SE1 6SW All Units within the Elephant and Castle Shopping Centre, London SE1 6TE 26 – 32 (even numbers) New Kent Road London SE1 6TJ 1, Elephant and Castle Newington Causeway London SE1 6BN Internal Consultees Conservation and Design Arboriculturist Education Department Special Projects Team Housing Pollution control Traffic Group External Consultees English Heritage Environment Agency Government Office for London Greater London Authority Network Rail Thames Water City of Westminster London Borough of Lambeth Transport for London Environment Agency Replies from: 18 Dechert LLP Raised an objection on behalf of Ocean Crest Partnership to the proposed development on the basis of the proposals being premature. The objector states that neither the SPG, the London Plan, the adopted UDP or the emerging plan contain or purport to contain a definitive approved master plan for the overall Elephant and Castle Area or more specific the development site as this plan is expected to be brought forward by the to be selected development partner for the London Borough of Southwark. 19 The objector states that although the SPG is the most recent public document issued by the Council against which the above – mentioned application can be judged, it is not considered to be the most up to date description of the Council’s requirements, objectives and scope for the regeneration of the Elephant and Castle. The objector states that bidding parties are not able to discuss or release details of the additional information provided to them within the procurement process and therefore cannot include this information in the objection. 20 The objector states that if the council moves to determine the application in accordance with the development plan without considering the public procurement process or information disclosed to the parties under that process it will be failing to considered emerging policies and material considerations which are relevant to the application which would indicate a decision otherwise than in accordance with the development plan. Ocean Crest states that they consider that given the limited public information available by comparison to the detailed information available to those bidding to become Southwark’s development partner in the regeneration of the Elephant and Castle the scheme should not be considered. 21 Key Property investments (number five) Limited raised issues for consideration namely compliance with the Council’s SPG and secondly potential impacts on the Elephant and Castle Shopping Centre Site.