planning report GLA/4349a/01 3 June 2019 Esso Petrol Filling Station in the Borough of planning application no. 185938VAR

Strategic planning application: combined stage 1/stage 2 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 Application for a Minor Material Amendment (S73) to vary conditions 2, 3, 4, 15, 17, 18, 20, 22, 23, 24, 26, 27, 28, 29, 31, 32, 39, 35, 37, 40, 41, 43, 44 and 46 of planning permission 177742FUL dated 20 April 2017 for residential-led, mixed use redevelopment to provide a 16-19 storey building comprising 166 residential units (one, two and three bedroom) and including (affordable housing); 117sqm of commercial floorspace (Use Class B1a); vehicular, cycle and pedestrian access; vehicular and cycle parking; refuse areas; landscaping, play and amenity space. Amendments incorporating larger entrance lobby at ground floor level; replacement of commercial floorspace at ground floor with a new residents lounge, staff office/staff room and residents gym; unit mix change, to allow for enhanced ground floor offer; constructing a communal winter garden on the upper level amenity deck; changes to approval of details. The applicant The applicant is Redrow Homes Limited and the architect is Boon Brown Architects. Key Dates Pre-application: No pre-application Stage 1 report: No stage 1 report issued Planning Committee meeting: 17 April 2019 Strategic issues Principle: Variations which maintain a residential-led development providing 166 new dwellings remain consistent with the extant development approval and in accordance with London Plan Policy 3.3 and draft London Plan Policy H1. (paragraphs 18-23) Housing: The relocation of the previously approved affordable housing into the neighbouring development would result in an overall uplift in affordable housing delivery across the two schemes which is supported by London Plan Policies 3.11 and 3.12 and draft London Plan Policies H5 and H6. Suitable linkages between the delivery of the two schemes are secured in the s106 agreements, as amended by deeds of variation. (paragraphs 24-31) Urban Design: The proposed changes are considered minor and acceptable, and will not alter the previous assessment given to the extant approval (LPA Ref: 177742FUL as amended by LPA ref: 184105NMA). (paragraphs 32-33). Transport: there are no strategic transport issues resulting from the proposed variations. The scheme remains consistent with the Mayor’s Transport Strategy and the intent of Chapter 6 of the London Plan and Chapter 10 of the draft London Plan, as previously assessed. (paragraph 34). The Council’s decision In this instance Ealing Council has resolved to grant planning permission. Recommendation That Ealing 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.

page 1 Context

1 On 19 February 2019 the Mayor of London received documents from Ealing Council notifying him of a planning application of potential strategic importance, to vary the extant development approval on the above site under Section 73 of the Town and Country Planning Act 1990. Under the provisions of The Town & Country Planning (Mayor of London) Order 2008 the Mayor has 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 1A and 1C of the Schedule to the Order 2008:

• 1A: Development which comprises or includes the provision of more than 150 houses, flats, or houses and flats.

• 1C: 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 On 17 April 2019, Council determined to grant planning permission. 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 Council under Article 6 to refuse the application or issue a direction to 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.

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 0.22-hectare site is an island site, located between two mini-roundabouts, bound by Merrick Road to the west and a service road to the north, south and west. To the north of the site, beyond the service road, lies an area of industrial land and beyond this lie railway lines, connecting station with central London to the east and Slough, Reading and Oxford to the west.

6 The was previously used as an operational Esso Petrol Station, with a small convenience store. At present, the site has been cleared and construction works are underway with respect to the previous consent (177742FUL dated 20 April 2017) for the construction of a residential-led mixed-use development up to 19 storeys, comprising 166 residential units and 117 sq.m of office floorspace (B1 use).

7 The site is irregularly shaped; it is approximately 77 metres long, with widths of approximately 27 metres at the northern boundary and 40 metres at the southern boundary. The site lies within the Southall Opportunity Area and within the Ealing Housing Zone. At a local level, the site is allocated in the Local Plan (under allocation SOU6) as a development site for mixed use redevelopment, including offices, residential and public open space, with ancillary commercial and community uses.

page 2 8 The nearest part of the Strategic Road Network is the A4020, known as The Broadway, which is approximately 850 metres away, whilst the closest section of the Road Network is the A312, approximately 1.7 kilometres from the site. Southall railway station, approximately 350 metres away, currently has services but will be served by the Elizabeth Line () from 2019. Whilst there are bus stops close to the site on Merrick Road, they are presently used only for diversions for religious events. The Public Transport Access Level (PTAL) of the site is therefore recorded as good (4), on a range between 1 (lowest) and 6 (highest).

Details of the proposal

9 The proposals are for minor material amendments to the extant consent (177742FUL dated 20 April 2017) to redevelop the site with a 16-19 storey tower, providing commercial floorspace at ground floor and 166 residential units above.

10 The proposed variations result in alterations to the number of units, tenure and unit size mix of the approved scheme. The previously approved unit size/tenure mix is as detailed in the following table:

Unit Private Market Affordable Housing Total Size London London Shared Affordable Living Rent Ownership Rent Studio 1 Unit 1 Unit 0 Units 0 Units 2 Units (1 Habitable (1 Habitable (0 Habitable (0 Habitable (2 Habitable Rooms) Rooms) Rooms) Rooms) Rooms) 1 Bed 39 Units 2 Units 4 Units 4 Units 49 Units (78 Habitable (6 Habitable (8 Habitable (8 Habitable (100 Habitable Rooms) Rooms) Rooms) Rooms) Rooms) 2 Bed 64 Units 12 Units 9 Units 13 Units 98 Units (192 Habitable (36 Habitable (27 Habitable (39 Habitable (294 Habitable Rooms) Rooms) Rooms) Rooms) Rooms) 3 Bed 7 Units 2 Unit 3 Unit 5 Units 17 Units (28 Habitable (6 Habitable (12 Habitable (20 Habitable (66 Habitable Rooms) Rooms) Rooms) Rooms) Rooms) Total 111 Units 17 Units 16 Units 22 Units 166 Units (299 Habitable (49 (47 (67 (462 Rooms) Habitable Habitable Habitable Habitable Rooms) Rooms) Rooms) Rooms) 55 Units (163 Habitable Rooms – 35%)

11 By contrast, the unit size and tenure mix resulting from the proposed variations is as follows:

page 3 Unit Private Market Affordable Housing Total Size London London Shared Affordable Living Rent Ownership Rent Studio 3 Units 0 Units 0 Units 0 Units 3 Units (3Habitable (0 Habitable (0 Habitable (0 Habitable (3Habitable Rooms) Rooms) Rooms) Rooms) Rooms) 1 Bed 52 Units 0 Units 0 Units 0 Units 52 Units (104 Habitable (0 Habitable (0 Habitable (0 Habitable (104 Habitable Rooms) Rooms) Rooms) Rooms) Rooms) 2 Bed 98 Units 0 Units 0 Units 0 Units 98 Units (294 Habitable (0 Habitable (0 Habitable (0 Habitable (294 Habitable Rooms) Rooms) Rooms) Rooms) Rooms) 3 Bed 13 Units 0 Units 0 Units 0 Units 13 Units (52 Habitable (0 Habitable (0 Habitable (0 Habitable (52 Habitable Rooms) Rooms) Rooms) Rooms) Rooms) Total 166 Units 0 Units 0 Units 0 Units 166 Units (453 Habitable (0 Habitable (0 Habitable (0 Habitable (453 Rooms) Rooms) Rooms) Rooms) Habitable Rooms)

12 The following physical changes are also proposed to the approved scheme:

• Replacement of the 117 sq.m commercial space on the ground floor with an ancillary communal residents lounge, staff office and larger entrance lobby.

• Internal layout changes to facilitate the proposed unit mix changes. Including the removal of two units at ground floor level and the subsequent provision of two units at 13th and 14th floor levels within the approved building footprint.

• Construction of a glazed winter garden on the 16th floor level amenity deck. Case History

13 Full planning permission (LPA Ref: 177742FUL) was granted on 20 April 2018 for the redevelopment of the site to provide 166 residential units and 117 sq.m of office space (B1a use) within a development of 16 and 19 storeys.

14 Planning approval was subsequently granted for non-material amenedments to the above approval on 2 November 2018 (LPA ref: 184105NMA), involving minor external and internal alterations. Strategic planning issues and relevant policies and guidance

15 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 2012 Ealing Development DPD; 2013 Ealing Development Sites DPD; 2013 Ealing Development Management DPD; and, the 2016 London Plan (Consolidated with Alterations since 2011).

page 4 16 The following are relevant material considerations:

• The National Planning Policy Framework; • National Planning Practice Guidance; • The draft London Plan (consultation draft August 2018, including suggested minor changes) which should be taken into account on the basis explained in the NPPF. • The Mayor’s Affordable Housing and Viability SPG. This must be read subject to the decision in R (McCarthy & Stone) v. Mayor of London. • The Southall Opportunity Area Planning Framework (July 2014).

17 The relevant issues and corresponding policies are as follows:

• Principle of development London Plan; City Fringe Opportunity Area Planning Framework • Affordable Housing London Plan; Housing SPG; Housing Strategy; Affordable Housing and Viability SPG; • Urban Design London Plan; Shaping Neighbourhoods: Character and Context SPG; Housing SPG; Shaping Neighbourhoods: Play and Informal Recreation SPG; Accessible London: Achieving an Inclusive Environment SPG; • Transport London Plan; The Mayor’s Transport Strategy Principle of development

18 The extant permission (LPA Ref: 177742FUL as amended by LPA ref: 184105NMA) authorises the redevelopment of the site to provide 166 residential units and 117sqm of office space (B1a use) within a development of 16 to 19 storeys in height.

19 The revised development proposals maintains the previously approved building envelope and will deliver the same number of new dwellings (166 units). The previously approved 117 sq.m of office floorspace (B1a use) is to be replaced with resident’s lounge, staff offices and an enlarged entrance lobby.

20 London Plan Policy 3.3 and draft London Plan Policy H1 seeks to increase the supply of housing in the capital. In particular, Policy H1 of the draft London Plan sets Ealing an annual monitoring target of 2,807 additional homes per annum.

21 The site is situated within the Southall Opportunity Area as identified in both the London Plan and draft London Plan. The application site is specifically located in the East Southall character area as identified by the adopted Southall Opportunity Area Planning Framework 2014. The OAPF identifies the wider opportunity area’s potential to capitalise on the arrival of Crossrail and deliver 6,000 new homes and 3,000 new jobs. With specific regard to the East Southall area, the OAPF envisages an indicative capacity to deliver 800 homes, 900 sq.m. of retail/commercial/community floorspace and 8,500 sq.m. of B1 commercial floorspace, as well as a new neighbourhood park and improved pedestrian/cycling connectivity. Following the 2017 London SHLAA, the draft London Plan has updated the Opportunity Area’s minimum housing target to 9,000 homes, recognising the increasing demand for the delivery of new housing across London.

22 In the above policy context, the principle of varying the existing development approval to deliver a residential development which provides 166 new units remains acceptable, and is consistent with the considerations previously given to the extant development approval (LPA Ref: 177742FUL as amended by LPA ref: 184105NMA). page 5 23 In regards to the loss of the previously approved office floorspace, it is acknowledged that this is contrary to London Plan Policy 4.2 and draft London Plan Policy E1 which encourage increases in office provision where there is local evidence of demand. Notwithstanding this, the loss of the small quantum of office space previously approved (117 sq.m) is not considered to be detrimental to the scheme in the context of the variety of employment provision in mixed use schemes which are coming forward for delivery in the surrounding environs. It is therefore considered to be acceptable, on balance. Housing

Affordable housing

24 London Plan Policies 3.11 and 3.12 and draft London Plan Policy H5 and H6 seek to maximise the delivery of affordable housing, setting a strategic target of 50% affordable housing. Policy H5 of the draft London Plan and the Mayor’s Affordable Housing & Viability SPG set a strategic target of 50% affordable housing. Policies H6 and H13 of the draft London Plan and the Mayor’s Affordable Housing & Viability SPG set out a ‘threshold approach’ whereby schemes meeting or exceeding a specific threshold of affordable housing (in this case 35%) by habitable room without public subsidy and which meets other criteria (including the mayor’s preferred tenure mix) are not required to submit viability information to the GLA, nor would the application be subject to a late stage review mechanism.

25 The proposed variations are intended to accommodate a Joint Venture agreement between the applicant Redrow Homes and Realstar Homes regarding the delivery of the approved schemes across both this site and the neighbouring Malgavita Site (GLA 3457c). Under the terms of the Joint Venture agreement, the affordable housing previously approved on this site (the Esso Scheme) would be transferred to the neighbouring Malgavita site. This results in a 100% private market scheme being delivered on this site (the Esso site) and an associated uplift in the affordable housing contribution on the neighbouring (Malgavita) site from 35% to 54% by habitable room.

26 The applicant has provided a comparison of the affordable housing delivery across both schemes (Esso and Malgavita) as a result of the proposed variations to each approval, which is detailed in the following table:

27 As evidenced in the above table, the variations to dwelling tenure mix and layout arrangements across the two schemes will collectively result in:

• An overall reduction of 5 dwellings being delivered across the two sites (from 479 to 474 dwellings); • An increase in the number of affordable housing units (from 157 to 165 dwellings) • A slight increase in the overall proportion of affordable housing (from 35.13% to 35.48%).

page 6 28 London Plan Policy 3.12 requires borough councils to seek the maximum reasonable amount of affordable housing. On this basis the proposed variations are acceptable in this instance noting that the relocation of the previously approved affordable housing into the neighbouring development would result in an overall uplift in affordable housing delivery across the two schemes.

29 The proposed variations to the previously approved s106 include measures which restrict occupation of the Esso development until 61% (101 units) of the affordable units to be delivered on the Malgavita site have been practically completed. In addition, the s106 agreement for the Malgavita Site states that 100% of the affordable housing units must be delivered before mre than 60% (86 units) of the market units on the Malgavita Site can be occupied. In this way the relocated affordable housing delivered in the neighbouring scheme is considered to be appropriately safeguarded.

Housing mix

30 London Plan Policy 3.8 and Draft London Plan Policy H12 encourage a full range of housing choice, with affordable family housing noted as a strategic priority. This is supported by the London Plan Housing SPG, which seeks to secure family accommodation within residential schemes, particularly within the social rented sector, and sets strategic guidance for councils in assessing their local needs. Policy 3.11 of the London Plan states that within affordable housing provision, priority should be accorded to family housing.

31 The variations would result in a minor reduction in the number of family sized (3 bedroom) dwellings within the scheme, reduced from 14.2% to 11.4% by habitable room. This reduction is considered, on balance, to be acceptable noting the sites good transport accessibility with the future opening of the Elizabeth line from Southall station. Urban design

32 The physical changes to the previously approved building as a result of the proposed changes are as follows:

• Replacement of the 117 sq.m commercial space on the ground floor with an ancillary communal residents lounge, staff office and larger entrance lobby.

• Internal layout changes to facilitate the proposed unit mix changes. Including the removal of two units at ground floor level and the subsequent provision of two units at 13th and 14th floor levels within the approved building footprint.

• Construction of a glazed winter garden on the 16th floor level amenity deck.

33 The proposed changes are considered minor and acceptable, and will not alter the previous assessment given to the extant approval (LPA Ref: 177742FUL as amended by LPA ref: 184105NMA). Transport

34 The proposed development involves internal layout changes and alterations to the approved dwelling size, tenure mix and affordable housing levels. As such there are no strategic transport issues resulting from the proposed variations. The scheme remains consistent with the Mayor’s Transport Strategy and the intent of Chapter 6 of the London Plan and Chapter 10 of the draft London Plan, as previously assessed.

page 7 Response to consultation

35 Ealing Council publicised the application by site and press notices. No responses were received from surrounding residents as a result of the public notification process. 36 Responses from statutory bodies and other organisations

• Ealing Civic Society: No objection. Previous affordable housing should be fully provided in neighbouring linked scheme

• Thames Water: No response or objection.

• : No response or objection.

• National Air Traffic Safeguarding: No response or objection.

• Metropolitan Police: No objection, subject to building access controls remaining unchanged

• London Fire & Emergency: No response or objection.

37 GLA officers are satisfied that the statutory and non-statutory responses to the public consultation process do not raise any material planning issues of strategic importance that have not already been considered in this report. Section 106 agreement

38 The section 106 agreement from the parent development approval includes the following provisions and contributions to be carried forward:

• Education Infrastructure contribution - £300,000 • Healthcare provision contribution - £305,000 • Air Quality Monitoring contribution - £5,500 • Pedestrian and cycle bridge contribution - £210,620 • Renewable energy monitoring contribution - £3,000 • Carbon offsetting contribution - £226,530 • CPZ implementation beside site - £20,000 • Grand Union Link Road contribution - £50,000 • Improvements to facilitate disabled access - £50,000 • TfL Bus service improvement contribution - £200,000 • Travel Plan Monitoring contribution - £3,000 • Open space contribution - £110,000 • Playspace contribution - £30,000 • Apprentice and Local Labour Scheme contribution - £20,000 • Participation in apprentice and placement scheme. • Restriction of parking permits • Connection to the neighbouring Malgavita site CHP District Heat Network • All contributions index linked • Payment of Council’s reasonable legal and other professional costs in preparing and completing the legal agreement.

page 8 39 The proposal variations involve a Deed of Variation to the existing s106 agreement which incorporates the following changes: • Removal of previous affordable housing reference (now 100% private residential units) • Occupation restriction linked to neighbouring Malgavita Scheme – 61% affordable housing in neighbouring Malgavita Scheme to be practically completed before any occupation of units in this scheme (the Esso site) is permitted.

40 In accordance with Policies H6 and H13 of the draft London Plan, a late stage review mechanism would ordinarily be required on all schemes which fail to satisfy the minimum quantum of affordable housing to qualify under the ‘fast track’ route of the threshold approach to planning applications. Notwithstanding this, in this instance it is considered that the provision of equivalent affordable housing in the neighbouring Malgavita development is acceptable, noting the close physical relationship which exists between the two sites, as well as the new safeguards in the amended s106 agreement which restricts occupation of the private housing in the Esso scheme until such time as the associated affordable housing components have been delivered as set out in paragraphs 29 and 39 of this report. Legal considerations

41 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. He also has the power to issue a direction under Article 7 that he is to act as the local planning authority for the purpose of determining the application and any connected application. 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. If the Mayor decides to direct that he is to be the local planning authority, he must have regard to the matters set out in Article 7(3) and set out his reasons in the direction. 42 In this instance, the Council has resolved to grant permission with conditions and a planning obligation. For the reasons set out in this report and summarised in paragraph 46 below, there are no sound planning reason for the Mayor to intervene in this case. Financial considerations

43 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.

44 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.

45 Should the Mayor take over the application he would be responsible for holding a representation hearing and negotiating any planning obligation. He would also be responsible for determining any reserved matters applications (unless he directs the council to do so) and determining any approval of details (unless the council agrees to do so).

page 9 Conclusion

46 London Plan policies on land use principle, housing, urban design and transport are relevant to this application. The scheme complies with the policies of the London Plan, as summarised below:

• Principle: Variations which maintain a residential-led development providing 166 new dwellings remain consistent with the extant development approval and in accordance with London Plan Policy 3.3 and draft London Plan Policy H1.

• Housing: The relocation of the previously approved affordable housing into the neighbouring development would result in an overall uplift in affordable housing delivery across the two schemes which is supported by London Plan Policies 3.11 and 3.12 and draft London Plan Policies H5 and H6. Suitable linkages between the delivery of the two schemes are secured in the s106 agreements, as amended by deeds of variation.

• Urban Design: The proposed changes are considered minor and acceptable, and will not alter the previous assessment given to the extant approval (LPA Ref: 177742FUL as amended by LPA ref: 184105NMA).

• Transport: There are no strategic transport issues resulting from the proposed variations. The scheme remains consistent with the Mayor’s Transport Strategy and the intent of Chapter 6 of the London Plan and Chapter 10 of the draft London Plan, as previously assessed.

for further information, contact GLA Planning Unit (Development & Projects Team): Juliemma McLoughlin, Chief Planner- Planning 020 7983 4271 email [email protected] John Finlayson, Head of Development Management 020 7084 2632 email [email protected] Allison Flight, Deputy Head of Development Management 020 7084 2020 email [email protected] Matt Christie, Team Leader – Development Management 020 7983 4409 email [email protected] Ashley Russell, Senior Strategic Planner, Case Officer 020 7084 4706 email [email protected]

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