planning report GLA/4098a/02 3 September 2019 Parsloes Park Sports Hub, Off Terrace Walk in the London Borough of Barking & Dagenham planning application no.19/00319/FUL Strategic planning application stage II 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 Redevelopment of sports ground to provide improved sports facilities including new sports pitches, seating stands, dance studio, changing pavilion and car parking. The applicant The applicant is Be First Company on behalf of London Borough of Barking and Dagenham (LBBD), the agent and architect is Williams Architects. Key dates GLA pre-application meeting: 8 August 2018 GLA Stage 1 report: 15 April 2019 Barking & Dagenham Council Planning Committee: 3 June 2019 Strategic issues summary Metropolitan Open Land: The proposed outdoor sports facilities are supported; very special circumstances have been demonstrated for the inappropriate element of the scheme (dance studio), and the revised design would minimise footprint area and visual impacts. The proposal is supported and accords with London Plan Policies 7.17 and 3.19, and draft London Plan Policies G3 and S5, and the NPPF (paragraph 7). Sports facilities and community use: Submission of a detailed community use agreement for affordable and accessible usage of the sports facilities has been secured by condition (paragraph 8). Outstanding issues related to urban design, energy and transport are resolved and proposed measures secured by conditions (paragraphs 9 to 11). The Council’s decision In this instance, Barking & Dagenham Council has resolved to approve subject to planning conditions. Recommendation That Barking & Dagenham 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.
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Context
1 On 4 March 2019 the Mayor of London received documents from Barking & Dagenham 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 Categories 3D and 3C of the Schedule to the Mayor Order 2008: • Category 3D: “Development – (a) 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 replacement of such a plan; and (b) which would involve the construction of a building with a floor space of more than 1,000 square metres or a material change in the use of such building.” • Category 3C: “Development which is likely to prejudice the use as a playing field of more than 2 hectares of land which—(a) is used as a playing field at the time the relevant application for planning permission is made; or (b) has at any time in the five years before the making of the application been used as a playing field.’’ 2 On 15 April 2019, the Mayor considered planning report (GLA/4098a/01), and subsequently advised Barking & Dagenham Council that whilst the principle of the development was acceptable, the application did not fully comply with the London Plan and draft London Plan, for the reasons set out in paragraph 38 of the above-mentioned report. 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 3 June 2019 Barking & Dagenham Council decided that it was minded to grant planning permission, and on 23 August 2019 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 Barking & Dagenham Council under Article 6 to refuse the application. The Mayor has until 5 September 2019 to notify the Council of his decision and to issue any direction. 4 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
5 At the consultation stage, Barking & Dagenham Council was advised that whilst the principle of the development was acceptable, the application did not fully comply with the London Plan and draft London Plan, as set out below: • Metropolitan Open land: The proposed outdoor sports facilities are supported; and very special circumstances have been demonstrated that would minimise footprint area and visual impacts. The proposal is supported and accords with London Plan Policies 7.17 and 3.19, and draft London Plan Policies G3 and S5, and the NPPF. • Sports facilities and community use: A detailed community use agreement for affordable and accessible usage of the sports facilities must be secured by condition/s106 agreement. • Urban design: There are no strategic design concerns. However, the Council must secure key details of materials to be used to ensure the best possible build quality is delivered in the context of the MOL setting; and that inclusiveness is incorporated into the scheme. • Sustainable development: A revised energy and sustainability statement must be provided which addresses energy and water efficiency concerns.
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• Transport: There are no strategic transport concerns. However, justification for the car parking provision and further details of the cycle parking provision must be provided. Blue Badge parking must be doubled; a travel plan, DSP and CLP secured by condition. Application update
6 Since consultation stage, GLA officers have engaged in joint discussions with the applicant, Council and TfL with a view to addressing the above matters. Furthermore, as part of Barking & Dagenham Council’s draft decision on the case, various planning conditions and obligations have been secured. An update against the strategic issues raised at consultation stage is set out below.
Principle of development – sports hub redevelopment within MOL
7 As considered at stage 1, the redevelopment of the sports hub for outdoor sports facilities was supported; the proposal has been redesigned to minimise adverse impacts on openness and very special circumstances have been demonstrated to justify the inappropriate element (dance studio) of the development in the Metropolitan Open Land.The proposal is acceptable and accords with London Plan Policies 7.17 and 3.19, and draft London Plan Policies G3 and S5, and the NPPF. Sports facilities and community use
8 Policies 3.18 and 3.19 of the London Plan and Policy S5 of the draft London Plan seek to ensure that community use of sports facilities is maximised. The sports hub already provides opportunities for use by the general public (including various sports clubs; schools; and, other local community users), and the proposed application would allow for existing community use arrangements to be enhanced by virtue of the improved sports facilities - including the new full size artificial grass and natural turf football pitches and changing pavilion including a gym and studio space. The GLA has also contributed £500,000 to support the redevelopment of this Parsloes Park sports ground. The draft community use agreement is supported as it clearly demonstrates that all the sports facilities including the gym will be accessible to local people for over 90 hours per week at an affordable price (no greater than for similar local authority run facilities in the borough). Submission of the final and detailed community use agreement is secured by condition. Urban and inclusive design
9 Details of materials have been secured. The redesign is welcomed and accepted as impact on openness is minimised and the potential to reduce energy consumption is optimised through choice of materials. Measures to incorporate inclusive design including increased Blue Badge car parking (10% of the overall parking spaces) have been secured. As a result, the proposal accords with design policies of the London Plan and draft London Plan. Sustainable development
10 A revised energy and sustainability statement has been provided, which has addressed energy and water efficiency concerns. All proposed measures have been conditioned. Transport
11 Car parking provision has been reduced from 137 to 132, during the application process and whilst it is disappointing that provision has not been further reduced the quantum accords with London Plan Policy. There has also been no increase in the amount of cycle parking provision, however on balance the quantum is considered acceptable in this case. The increase in blue badge car parking since Stage 1 by 7 spaces is welcomed. The requirement to submit a construction logistics
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Response to consultation
12 As part of Barking & Dagenham Council’s consultation exercise, 698 nearby owners/occupiers were notified of the application by way of letters, site notices and local press. The Council also consulted statutory bodies and local amenity groups. In summary, the responses to the Council’s consultation process are set out below.
Response from neighbours
13 The number of total response received from neighbours is five and two of them objected to the proposals on the grounds of ecological assessment, landscaping plans, additional nuisance, loss of views and impact on the park due to light pollution from floodlighting, and lack of detailed consultation with residents. These concerns have been dealt with the planning reports and conditions imposed by the Council.
Response from statutory bodies and other organisations
Sport England
14 Sport England stated that despite a reduction in natural playing field land, the proposed development would increase the sporting capacity of the site and would also introduce a wider health and fitness offer. Sport England considers the overall benefits to sport outweigh the reduction in playing field land.
London Fire Brigade
15 The Brigade stated that no additional hydrants required, therefore raised no objection.
Response to the consultation - conclusion
16 Having considered the responses to public consultation, Barking & Dagenham Council has proposed various planning conditions and informatives in response to the issues raised. Having had regard to these, GLA officers are satisfied that the statutory and non-statutory responses to the public consultation process carried out by the Council, do not raise any material planning issues of strategic importance that have not already been considered in this report, and/or consultation stage 1 report GLA/4098a/01. Legal considerations
17 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.
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Financial considerations
18 Should the Mayor direct refusal, he would be a principal party at any subsequent appeal hearing or public inquiry. Government guidance emphasises that parties usually pay their own expenses arising from an appeal.
19 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
20 The strategic issues raised at consultation stage with respect to Metropolitan Open Land and playing fields, urban and inclusive design, sustainable development and transport have been addressed satisfactorily, and, having regard to the details of the application, the matters set out in the committee report and Barking & Dagenham Council’s draft decision, the application is acceptable in strategic planning terms.
For further information contact GLA Planning Team: Juliemma McLoughlin, Chief Planner 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 2820 email [email protected] Kate Randell, Team Leader, Development Management 020 7983 4783 email: [email protected] Tefera Tibebe, Strategic Planner, Case Officer 020 7983 4312 email: [email protected]
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