planning report D&P/3328/01 11 February 2014 Development Site at 4 Lilestones St, Mallory St, Penn House, Bernhardt Crescent, Wycombe Gardens and Jerome Crescent London NW8 in the London Borough of Westminster planning application no. 13/11894/COFUL

Strategic planning application stage 1 referral Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008

The proposal

The redevelopment of Lisson Arches, Penn House and 4 Lilestone Street and the development of a part three storey and a 13 storey building at Lisson Arches on Bernhardt Crescent to provide enterprise space, replacement sheltered housing accommodation and 14 private flats for sale for the over 55's. The redevelopment of former Penn House site and 4 Lilestone Street to provide a new community/health care hub and 45 residential units in buildings of three, five and six storeys high with basement car parking off Lilestone Street, public realm/landscaping improvements and other enabling works. The applicant The applicant is Westminster City Council and the agent is Atkins.

Strategic issues This application is of a good design quality but has issues to resolve in relation to sustainable energy and transport. Recommendation That Westminster Council be advised that the application does not comply with the London Plan, for the reasons set out in paragraph 57 of this report and that the possible remedies set out could address these deficiencies.

page 1 Context

1. On 9 December 2013 the Mayor of London received documents from Westminster Council notifying him of a planning application of potential strategic importance to develop the above site for the above uses. Under the provisions of The Town & Country Planning (Mayor of London) Order 2008 the Mayor has until to provide the Council with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. The Mayor may also provide other comments. This report sets out information for the Mayor’s use in deciding what decision to make.

2. The application is referable under Category 1c of the Schedule to the Order 2008:

“Development which comprises or includes the erection of a building of one or more of the following descriptions:

(c) the building is more than 30 metres high and is outside the City of London.”

3. Once Westminster Council has resolved to determine the application, it is required to refer it back to the Mayor for his decision as to whether to direct refusal; take it over for his own determination; or allow the Council to determine it itself.

4. The Mayor of London’s statement on this case will be made available on the GLA website www.london.gov.uk. Site description

5. The development proposals are contained within two linked sites located within the Lisson Green Estate in the north eastern part of the City of Westminster. The estate was completed in 1973 and comprised 1,466 homes in 28, five, six, and seven storey system built concrete residential blocks together with 55 terraced houses and various non-housing buildings.

6. The estate has been the subject of a ten year regeneration programme which was completed in 2007. The regeneration program included the remodelling of a number of blocks to remove the communal walkway that previously existed to link the two blocks - which were a source of anti-social behaviour and caused security issues. The demolished blocks were replaced with blocks of low rise flats. The two linked development sites have different characteristics:

 Site 1 – Lisson Arches: comprises mostly vacant land bounded by Lisson Grove to the southwest and Bernhardt Crescent to the northeast. The site is formed of a triangular piece of land and includes the gated ramp area on Lisson Grove and the former railway bridge on Bernhardt Crescent of which two disused railway arches remain. The topography of the land is downward sloping, with the gradient falling towards south east and is currently occupied by hard standing (parking bays, tarmaced zones adjacent to the existing pavement and a paved access ramp) and areas of vegetation.

page 2  Site 2 – Lilestone Street: forms part of the Lisson Green Estate and currently consists of a four storey purpose-built sheltered housing block containing 44 studio flats fronting Lisson Grove (known as Penn House), and a two storey community building at 4 Lilestone Street. Sheltered housing units occupy approximately 2,800 sq.m of floorspace, all of which are self-contained bedsit/studio flats. Number 4 Lilestone Street is a two storey stock brick community building containing approximately 620 sq.m of floorspace, previously used as a nursery at first floor level, with associated playspace to the rear, a car park with garaging to the east, and vacant community floorspace at ground floor level with associated amenity space to the front. The predominant land uses in the immediate vicinity include residential units of varying tenure, in addition to some social and community uses.

Details of the proposal

7. The proposals encompass a number of uses including residential and commercial (enterprise space) uses, alongside social and community and health care facilities which are spread across two linked sites of Lisson Arches and Lilestone Street.

Lisson Arches (Site 1)

8. The Lisson Arches site will accommodate 45 flats for the existing residents of Penn House and 14 private flats for sale for the over 55’s. The design features of the residential development are:

 A 14 storey tower with a lower scaled wedge shaped block.

 The tower contains flats that are organised in a ‘cluster’ arrangement around the core with the majority dual aspect. These are elderly care flats of a flexible in design for ease of use and there are shared facilities and meeting rooms.

 A 2 bed resident manager’s flat is located on the first floor and a visiting guest bedroom.

 The tower has a dedicated service entrance on Bernhardt Crescent with cycle storage and common changing showers for staff.

 The lower scaled wedge shape form in plan containing an enterprise space consists of flexible space over two floors (one floor to Lisson Grove and one floor to Bernhardt Crescent). A public entrance/reception is located at the south end off Lisson Grove with lift and stair access to the lower floor. The enterprise space has the following design features;

Lilestone Street (Site 2)

9. The Lilestone Street proposals consist on a community heath hub and a residential development of flats and houses. The key features of design area:

 A 5 storey rectilinear residential block fronting Lisson Grove co-joined to the Community Health and Well-being Hub on Lilestone Street. The building consists of two cores serving 19 apartments each with additional front doors to ground floor apartments.

 A separate block of 3 storey town houses on Mallory Street completes a square of buildings that re-establish a traditional street pattern and enclose a protected and secure communal garden for use by the residents and Community Health Hub users.

page 3  The Community and Well Being Hub consists of a 5 storey rectilinear block that steps back at 4th floor level on Lilestone Street to respect the daylight/sunlight to Fingest House opposite and to reduce a sense of enclosure in the street. A community café has been sited at the corner of Lisson Grove and Lilestone Street to provide an active frontage.

 Case history

10. There is no previous GLA case history in relation to the site. Strategic planning issues and relevant policies and guidance

The relevant issues and corresponding policies are as follows:

 Housing London Plan; Housing SPG; Housing Strategy; draft Revised Housing Strategy; Shaping Neighbourhoods: Play and Informal Recreation SPG; draft Shaping Neighbourhoods: Character and Context SPG;  Affordable housing London Plan; Housing SPG; Housing Strategy; draft Revised Housing Strategy;  Density London Plan; Housing SPG;  Urban design London Plan; draft Shaping Neighbourhoods: Character and Context SPG; Housing SPG; London Housing Design Guide; Shaping Neighbourhoods: Play and Informal Recreation SPG;  Inclusive access London Plan; Accessible London: achieving an inclusive environment SPG; Planning and Access for Disabled People: a good practice guide (ODPM);  Sustainable development London Plan; Sustainable Design and Construction SPG; Mayor’s Climate Change Adaptation Strategy; Mayor’s Climate Change Mitigation and Energy Strategy; Mayor’s Water Strategy;  Transport and parking London Plan; the Mayor’s Transport Strategy;  Crossrail London Plan; and, Mayoral Community Infrastructure Levy.

11. For the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the development plan in force for the area is the 2011 Westminster City Council Core Strategy, saved policies of the 2007 Westminster Unitary Development Plan and the 2011 London Plan.

12. The following are also relevant material considerations:

 The National Planning Policy Framework and Technical Guide to the National Planning Policy Framework  Westminster Council Planning Obligations SPG (2008)  Further Alterations to the London Plan (January 2014)

Principle of Development

13. The mixed use proposal for the linked site development combine residential, community and employment floorspace at Lisson Arches (site 1) and redevelopment of an existing residential site 2 Lilestone Street both of which are within the Lisson Green Housing Estate. The proposals are a continuation of the estate renewal that has already been subject to a ten year regeneration programme that was completed in 2007 through new build and redevelopment.

page 4 14. Part of the linked development site area occupying site 2 is within an area covered by Westminster Council’s draft planning brief for Penn House and 4 Lilestone Street and supports the redevelopment of the site for mixed residential led development.

Estate renewal/affordable housing 15. Policy 3.14 of the London Plan resists the loss of housing, including affordable housing, unless it is replaced at existing or higher density with equivalent floorspace. Paragraph 3.82 of the London Plan gives further advice on the Mayor’s approach to estate renewal. More detailed guidance is set out in Section 20 of the Housing SPG. This clarifies that there should be no net loss of affordable housing, which can be calculated on a habitable room basis and should exclude right to buy properties. Replacement affordable housing can be of a different tenure mix where this achieves a better mix of provision.

16. Private housing that forms part of estate renewal schemes need not provide the normal level of additional affordable provision, where this is necessary to cross subsidise redevelopment. This would need to be justified through a financial appraisal.

17. The development proposals will result in a loss of 45 existing residential units with the demolition of Penn House on the Lilestone Street site. These will be re-provided on the Lisson Arches site development which will contain 45 flats for the existing residents of Penn House and 14 private flats for sale for the over 55’s. The proposal consists of 44 social rented 1 bed apartments for the elderly located between ground floor to the seventh floor. 14 private for sale flats for the over 55’s age group are located on the top three floors. A 2 bed resident manager’s flat is located at first floor.

Table 1: Housing Mix

Lisson Arches Private Intermediate Social rented Total 1bed/1 person 0 8 8 1 bed /2 person 14 0 36 50 2 bed /3 person 0 1 1 sub-total 14 0 45 59 Lilestone Street 1 bed /2 person 8 4 6 18 2 bed /4 person 9 3 2 14 3 bed /5 person 2 0 0 2 3 bed /6 person 0 2 4 6 3 bed /6 person House 0 2 5 7 sub-total 19 11 17 47 Total 33 11 62 106

Housing mix 18. The development proposals result in a housing mix of predominantly one bed (71%) and 2 bed (15%) residential units. London Plan policy 3.8B(e) states “that account is taken of the changing age structure of London’s population and, in particular, the varied needs of older Londoner’s, including for supported and affordable provision.” It is accepted in this instance that the housing mix is dictated by the replacement of a sheltered housing scheme and the development of predominantly niche sector homes for the over 55s age group.

page 5 Affordable housing 19. The overall development proposals across the two sites will result in 106 units. On site 1 a total of 45 units are to be social rented affordable units in the form of sheltered accommodation meaning 72.6% of all units will be affordable housing. Site 2 has 11 units identified as intermediate affordable housing and a further 17 social rented affordable units meaning 57.6% of the 47 units will be affordable housing. Overall the development will result in a net gain of 61 affordable units with 56% of the total units across the two linked sites being affordable, which exceeds to Westminster Councils 30% affordable housing requirement. As the proposals result in a surplus of affordable units, it is proposed that this can be used to off-set affordable housing provision that may be required for the remaining developments that form part of the wider Futures Plan for Church Street, Paddington Green and Lisson Grove.

Affordable housing tenure split 20. The affordable housing provision within the proposal would provide a balance of 85% social rent/affordable rent units, and 15% intermediate units. Whilst this split does not accord with the strategic target identified in London Plan Policy 3.11, the skewing of unit type towards social rent/affordable rent is accepted in this instance given the need to respond to the decant requirements of existing sheltered housing from Penn House on the Lilestone Street site. Furthermore, it is noted that the proposal would represent a considerable improvement over the existing sheltered housing and will result in a net increase in affordable housing provision across the linked sites. Accordingly, the range and balance of tenure is supported in line with London Plan polices 3.9 and 3.11.

Density

21. London Plan Policy 3.4 seeks to optimise the potential of sites having regard to local context, design principles and public transport accessibility. The site has an overall public transport accessibility level of between 5 and 6a. The London Plan density matrix therefore suggests a residential density of between 200 and 700 habitable rooms per hectare for urban sites.

22. The development proposals across the two linked sites (Lisson Arches and Lilestone Street) have a combined density of 262.51 habitable rooms per hectare and this density is supported by the London Plan.

Employment floorspace 23. The proposals include on the Lisson Arches site the creation of a Lisson Arches Design Enterprise Centre that will provide 1,137 sq.m. of flexible enterprise floorspace space (B1b and B1c) to accommodate research & development and non-harmful industrial processes suitable for residential areas. Should the B1b and B1c fail to attract tenants after 12 months of completion it is requested the floorspace revert to B1a office to help enable the success of the facility. The proposals are supported by a feasibility study and outline business case assessment commissioned by Westminster Council on how the proposal can deliver employment opportunities locally. This land use aspect of the development is supported by London Plan policy 4.1 (development the London economy) and is welcomed.

page 6 Community facilities/health 24. The proposals for Lilestone Street site include a Community Health and Well-being Hub building this will accommodate community uses (kitchen/café, creche and meeting rooms) on the ground floor with GP services at first floor, and broader health facilities are located at second and third floors. Further community, adult and post-16 education uses are proposed for the fourth floor. The inclusion of these facilities is encouraged and supported by London Plan policy 3.2 improving health and addressing health inequalities, policy 3.16 protection and enhancement of social infrastructure, and policy 3.17 health and social care facilities and is welcome.

Conclusion 25. The principle of a mixed use development as part of a continuing estate renewal programme is supported as the proposals are compliant with London Plan policies relating estate renewal, affordable housing, density, employment floorspace and social infrastructure Urban design/ access Development layout 26. The scheme proposes the creation of a perimeter block form development on the Lilestone Street site and a triangular infill development on the Lisson Arches site. The two linked proposals contribute to evolving a permeable and legible street based development that enhance the existing defined streets and spaces and tie in with existing adjacent housing to improve the neighbourhoods overall coherence.

27. The disposition of the new buildings will contribute to the enhancement of the public realm network of linkages and spaces. Bernarhdt Street in particular will benefit from the proposed residential and commercial block development together with the linked public realm enhancements on the Lisson Arches site.

Scale & height 28. The development proposals will have a maximum height of 14 storeys on the Lisson Arches site with the Lilestone Street proposals that include Community Health and Well-Being Hub building being a maximum of 5 storeys. The scale of buildings and the overall height strategy is appropriate, responding well to the existing context and helping to articulate the hierarchy of streets and spaces in the area. The location of the taller building at Lisson Arches fits well to its location on a main street and the height of the Lilestone Street proposals are balanced to allow for a perimeter block form to be evolved.

Housing design quality 29. The applicant has demonstrates a good degree of design quality with design features including all residential units meeting the GLA space standards set out in Table 3.3 of the London Plan; the number of dwellings accessed from a single core not exceeding eight per floor; and all entrances to houses and ground floor flats and communal lobbies being visible from the public realm. Overall the housing quality of this niche older person’s development is welcome.

Materials 30. The predominant material for the Lisson Arches block development is white brick with bronzed anodised aluminium upper floors on the tower with grey brick defining the lower two levels and across into the smaller scaled enterprise hub. The Lilestone Street schemes predominant materials are for the Community Health and Well-Being Hub reconstituted stone and bronzed anodised aluminium with the residential development predominant material being two buff and red brick, reconstituted stone and bronzed anodised aluminium.

page 7 31. The variation and quality of materials is welcome as they result in a high degree of coordination appearance across the two development sites, whilst allowing for subtle differentiation to the building form.

Public realm interface 32. The proposals on both of the linked sites interact positively to the public realm through active ground floor uses with entrances and windows breaking up the street front facades. The Lisson Arches building makes positive contribution to public realm by enhancing previously inactive street (Lisson Grove and Bernhardt Crescent) and public access routes (the public stairs from Lisson Grove). Whilst the Lilestone Street proposals not only activate street edges but activates key corners in the case of the Community Health and Well-being Hub building.

Inclusive access 33. The GLA access officer has reviewed the submitted design and access statement and is content the proposals are compliant with the London Pan and that the development in relation to access is of a good quality inclusive design. Climate change & energy

34. The applicant has followed the energy hierarchy to some extent and sufficient information has been provided to understand the proposals as a whole. Further revisions and information is required before the proposals can be considered acceptable and the carbon dioxide savings verified. The applicant should revise the energy statements submitted in line with the GLA guidance (http://www.london.gov.uk/sites/default/files/Energy%20Planning%20 Guidance%20update%20%2C%20Aug%202013.pdf). Total site carbon emissions and savings should be reported for each step of the energy hierarchy.

35. A range of passive design features and demand reduction measures are proposed to reduce the carbon emissions of the proposed development. Both air permeability and heat loss parameters will be improved beyond the minimum backstop values required by building regulations. Other features include low energy lighting, variable speed pumps, and heat recovery where mechanical ventilation is used. Further information should be provided on how the demand for cooling will be minimised following the cooling hierarchy given in Policy 5.9.

36. Not enough information has been provided to determine the carbon savings achieved from energy efficiency alone. The applicant should provide carbon emissions and savings (supported by sample SAP and BRUKL sheets) for the site after efficiency measures alone (i.e. excluding CHP and heat pumps). The applicant should commit to the development exceeding 2010 Building Regulations compliance through energy efficiency alone.

37. The applicant has stated that a district heating energy centre is to be installed near the Lisson Arches site (site 1). Further information should be provided on this proposed energy centre. Connection to this network should continue to be prioritised and evidence of correspondence with the network developer identifying timescales and design considerations should be provided.

38. The applicant is proposing to install a site heat network. However, the applicant should confirm that all apartments and non-domestic building uses from both sites (Lisson Arches and Lilestone Street) will be connected to the site heat network. A drawing showing the route of the heat network linking all buildings on the site should be provided. The site heat network should be supplied from a single energy centre. Further information on the floor area and location of the energy centre should be provided.

page 8 39. The applicant if proposing to install a gas CHP for the Lisson Arches site and one for the Lilestone Street site each sized to provide one third of the domestic hot water demand of each site. This approach is not supported. If CHP is proposed, its sizing and operation should be optimised across the site to ensure an efficient system design. In compliance with the energy hierarchy, the benefit from CHP should be maximised (e.g. sizing it to meet all the domestic hot water and a proportion of the space heating) before considering renewable technologies such as heat pumps.

40. Further information should be provided on the installed capacity of the CHP system proposed. Monthly energy loads for the site (heat, hot water, electricity) should be provided to justify the sizing of the system. As described in the GLA guidance, the applicant should provide carbon emissions and savings for the site after the benefit from CHP has been taken into account.

41. The applicant has investigated the feasibility of a range of renewable energy technologies and is proposing to install 39 sq.m. of solar photovoltaic on Site 1 (Lisson Arches) and 140 sq.m. of photovoltaic on site 2 (Lilestone Street). A roof plan should be provided showing the proposed installation.

42. The applicant is also proposing to install air source heat pumps and VRF heat pumps to serve part of the domestic hot water and space heating loads of the development. Should this still be proposed after addressing the comments above, further information should be provided on the installed capacity of the heat pumps and how these will work in combination with the CHP system. The applicant should demonstrate that the use of heat pumps will be compatible with the site heat network and with ensuring that the site is designed to allow connection to a wider district heating network now or in the future.

43. As described in the GLA guidance, the applicant should provide carbon emissions and savings for the site after the benefit from renewable energy has been taken into account. The applicant should note that in complying with the 40% target set in Policy 5.2 the energy hierarchy should be followed, optimising the CHP (if proposed) before considering renewables.

44. The applicant should address the comments above before it can be confirmed whether the proposals are in line with London Plan energy policy and whether enough carbon savings will be achieved to comply with Policy 5.2. Transport

45. To be reported verbally.

Community Infrastructure Levy

46. The Mayor has introduced a London-wide Community Infrastructure Levy (CIL) to help implement the London Plan, particularly policies 6.5 and 8.3. The Mayoral CIL formally came into effect on 1 April 2012, and it will be paid on commencement of most new development in Greater contribute towards the funding of Crossrail

47. The Mayor has arranged boroughs into three charging bands. The rate for Westminster Council is £50/sq.m. The required CIL should be confirmed by the applicant and council once the components of the development or phase thereof have themselves been finalised. See the 2010 regulations: http://www.legislation.gov.uk/ukdsi/2010/9780111492390/contents as amended by the 2011 regulations: http://www.legislation.gov.uk/uksi/2011/987/made

page 9 48. London borough councils are also able to introduce CIL charges which are payable in addition to the Mayor’s CIL. Westminster Council insert council name has yet to adopt a scheme. or insert council name See the council’s website for more details.

49. The site is within the area where section 106 contributions for Crossrail will be sought in accordance with London Plan policy 6.5 and the associated Supplementary Planning Guidance (SPG) ‘Use of planning obligations in the funding of Crossrail’ (July 2010 ).

50. In these situations, the Mayor’s CIL charge (but not the borough’s) will be treated as a credit towards the S106 liability. The practical effect of this will be that only the larger of the two amounts will normally be sought. As the CIL charge will not be confirmed until development is about to commence , the s106 agreement will need to be worded so that if the s106 contribution based on the assumed CIL proves incorrect the contribution is adjusted accordingly (assuming it is still more than the CIL). Other contributions towards the mitigation of transport impacts may also be sought in accordance with London Plan policy and with relevant legislation. Local planning authority’s position

51. Westminster Council is the applicant and is supportive of the development proposals. Legal considerations

52. Under the arrangements set out in Article 4 of the Town and Country Planning (Mayor of London) Order 2008 the Mayor is required to provide the local planning authority with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. Unless notified otherwise by the Mayor, the Council must consult the Mayor again under Article 5 of the Order if it subsequently resolves to make a draft decision on the application, in order that the Mayor may decide whether to allow the draft decision to proceed unchanged, or direct the Council under Article 6 of the Order to refuse the application, or issue a direction under Article 7 of the Order that he is to act as the local planning authority for the purpose of determining the application (the next bit is optional) and any connected application. There is no obligation at this present stage for the Mayor to indicate his intentions regarding a possible direction, and no such decision should be inferred from the Mayor’s statement and comments. Financial considerations

53. There are no financial considerations at this stage. Conclusion

54. London Plan policies on estate renewal/ affordable housing, urban design/access, climate change change & energy and transport are relevant to this application. The application complies with some of these policies but not with others, for the following reasons:

 Principle of development: a mixed use development as part of a continuing estate renewal programme is supported as the proposals are compliant with London Plan policies relating to estate renewal, affordable housing, density, employment floorspace and social infrastructure.  Urban design & access: the development proposals are supported in terms of layout, scale and height, public realm interface and housing quality. Overall the two linked proposals contribute to evolving a permeable and legible street based development that enhances the existing street and space network.

page 10  Climate change & energy: The applicant should address the comments made on the submitted energy strategy before it can be confirmed whether the proposals are in line with London Plan energy policy and whether enough carbon savings will be achieved to comply with London Plan policy 5.2.

 Transport: To be reported verbally.

for further information, contact Development and Projects: 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] Jonathan Aubrey, Case Officer 020 7983 5823 email [email protected]

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