planning report GLA/3329a/01 10 June 2019 5-9 Rockingham Street and 2-4 Tiverton Street in the Borough of Southwark planning application no. 19/AP/0750

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 Demolition of existing buildings and erection of a 19 storey building with basement to provide 6,042 sq.m (GIA) of new commercial floor space and redevelopment of 3 railway arches to provide 340 sq.m of flexible commercial space (A1,B1,D1,D2) with associated cycle parking storage, waste/recycling stores and new public realm.

The applicant The applicants are JH Rockingham Limited, and the architect is Collado Collins Architects.

Strategic issues summary Principle of development: A commercial development resulting in 6,382 sq.m of new office and retail space in the Central Activities Zone (CAZ), District Town Centre and the Elephant and Castle Opportunity Area is strongly supported in accordance with Policies 2.10 and 2.11 of the London Plan and Policies SD4 and SD5 of the draft London Plan. Provision of flexible and affordable workspace for MSME’s must be provided and adequately secured by s106 agreement. (paragraphs 13-15) Urban Design and heritage: The layout, height, massing and scale are consistent with Policy 7.5 of the London Plan and Policies D1 & D2 of the draft London Plan. Resulting harm to the setting of adjacent heritage assets is less than substantial, and outweighed by the public benefits of the proposal in accordance with Policy 7.8 of the London Plan and HC1 of the draft London Plan. (paragraphs 16-24) Sustainable Development: Further revisions and information are required before the energy proposals can be considered acceptable and the carbon dioxide savings verified to comply with Policy 5.2 of the London Plan and Policy SI2 of the draft London Plan. Any shortfall in carbon reductions must be detailed and suitable contributions into the borough’s carbon offset fund secured by conditions and s106 obligations. (paragraphs 25-28) Transport: The parking provision satisfies Policy T6 of the draft London Plan. Electric Vehicle Charging Point must be secured through condition of approval and details confirming compliance of the design of the cycle storage facilities with the London Cycling Design Standards (LCDS) must be provided. Further information on trip generation is required. A revised Travel Plan must be submitted, secured, monitored and enforced through the s106 agreement. The Delivery and Servicing Plan (DSP) and Construction Logistics Plan must both be secured by condition of approval. (paragraphs 29-33) Recommendation That London Borough of Southwark be advised that the scheme does not comply with the London Plan for the reasons set out in paragraph 37 of this report; however the possible remedies set out in that paragraph could address these deficiencies.

page 1 Context

1 On 2 April 2019, the Mayor of London received documents from Southwark 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 will 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(c) of the of the Schedule to the 2008 Order: • 1C(c): “Development which comprises or includes a building more than 30 metres high and outside the city of London”

3 Once Southwark 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 site constitutes a small triangular parcel of land which is approximately 0.05 hectares in size and bounded by Rockingham Street to the south, Tiverton Street to the west and a railway viaduct on its north-eastern side. The site was previously occupied by a two-storey restaurant building, however this has recently been demolished. Also included within the site are a series of three vacant railway arches located beneath the viaduct. The immediate environs of the site encompass the Rockingham Estate, the Grade II Listed Metro Central Heights building and a Salvation Army office building.

6 The site is located in the Elephant and Castle Opportunity Area, approximately 200 metres to the north east of the Elephant and Castle northern roundabout. The site is located approximately 150 metres from the Bakerloo line entrance for Elephant & Castle underground station, and 250 metres from the Northern line entrance. It is also approximately 300 metres from Elephant & Castle railway station, which lies on the Thameslink route, offering services to London Blackfriars, City Thameslink, Farringdon and St. Pancras, north to Luton and St. Albans, and south to Wimbledon, Sutton and Sevenoaks. The northern roundabout is well served by buses. , located 70m to the west of the site, forms parts of the Transport for London Road Network (TLRN). The application site records a very high public transport accessibility level (PTAL) of 6b on a scale of 0-6, where 6 is the highest.

Details of the proposal

7 The application proposes the demolition of existing buildings and erection of a 19 storey building with basement to provide 6,042 sq.m (GIA) of new commercial floor space. The proposal also includes the redevelopment of 3 railway arches to provide 340 sq.m of flexible commercial space (A1,B1,D1,D2) with associated cycle parking storage, waste/recycling stores and new public realm. Case history

8 The scheme has been subject to pre-application advice, with an advice note (GLA3329a) issued in January 2019.

page 2 9 A previous planning approval was granted on the site in 2014 (GLA ref: 3329, Southwark ref: 3/AP/3450) for the demolition of the existing buildings and the redevelopment of the site to provide a 13 storey building with 30 residential units and 373 sq.m restaurant (A3 use) at part basement/part ground floor level. This development was partially implemented through the demolition of the buildings on the site. Strategic planning issues and relevant policies and guidance

10 For the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the development plan in force for the area comprises the Southwark Core Strategy (2011), the Saved Southwark Plan Policies (2013) and the Southwark Adopted Policies Map (2016). 11 The following are also relevant material considerations: • The National Planning Policy Framework; • National Planning Practice Guidance; and • The draft London Plan (consultation draft August 2018, incorporating minor suggested changes) which should be taken into account on the basis explained in the NPPF.

12 The relevant strategic issues and corresponding policies are as follows:

• Principle of development London Plan; • Urban Design London Plan; Shaping Neighbourhoods: Character and Context SPG;; • 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 London Plan; Mayor’s Transport Strategy.

Principle of development

13 The site is located in the Central Activities Zone (CAZ). Policies 2.10 and 2.11 of the London Plan and Policies SD4 and SD5 of the draft London Plan seek to strengthen the CAZ’s nationally and internationally significant office functions and the vitality and viability of retail offerings. The site is also situated within the Elephant and Castle District Town Centre and the Elephant and Castle Opportunity Area, which identifies the area as having an indicative capacity of providing 5,000 new jobs and a minimum of 5,000 new homes. These targets increase to 4,000 new homes and 10,000 new jobs in Policy SD1 and Figure 2.11 of the draft London Plan.

14 Given the above policy context, the principle of a commercial development resulting in the provision of 6,382 sq.m of new office and retail space is strongly supported. It is accepted that the small site area, close proximity to the elevated railway, and unusual shape of the site result in a constrained building floorplate which would not easily lend itself to any viable residential development on the site.

15 Policies E2 and E3 of the draft London Plan outline that all new office space over 2,500 sq.m should provide a portion of flexible workspace for Micro, Small and Medium Enterprises (MSME’s). In particular, specific emphasis shall be placed on the provision of such affordable workspaces in the Central Activities Zone where cost pressures are likely to lead to future shortages of these spaces. It is considered that there is significant opportunity to accommodate flexible floorspace for MSME’s in the small floorplate of the commercial tower and the occupation of the adjacent railway arches. The applicant has stated that 10% of workspace within the main building and railway arches will be provided as affordable workspace, including all of the commercial or community uses within the arches

page 3 which may provide workshops or studio (B1b and B1c) uses. The provision of flexible and affordable workspace for MSME’s is accepted and strongly encouraged. Confirmation of the provision of this space at genuinely affordable levels must be provided and adequately secured by s106 agreement. Urban Design

16 The design principles of chapter seven in the London Plan and chapter three of the draft London Plan outline that all developments should achieve a high standard of design which responds to local character, enhances the public realm and provides architecture of the highest quality. In particular, Policy 7.5 of the London Plan and Policies D1 & D2 of the draft London Plan require architecture to make a positive contribution to a coherent public realm, streetscape and wider cityscape, incorporating the highest quality materials and design appropriate to the surrounding context. The proposed scheme was previously subject to pre-application advice, and this has helped to inform the design approach to the proposal adopted by the applicant which is welcomed.

Site layout

17 The site is a small and constrained area and the incorporation of the adjacent railway arches will enable better containment of servicing and more active frontage to the small available building footprint, which is welcomed.

18 As advised at pre-application stage, the applicant has demonstrated that the core location has been robustly tested to deliver the most efficient floorplate. In this instance, a single use building is supported as the addition of a second core would result in further loss of the already limited functional floor space.

Massing and scale

19 The primary element of the development constitutes a slender tower of 16 storeys in height, which is consistent with a number of surrounding development as well as the emerging character of the Elephant and Castle Opportunity Area. The overall scale and appearance of the building is broadly consistent with surrounding developments, including an existing 21 storey building at 101 Newington Causeway adjacent Tiverton Street to the immediate north-west of the site. The overall height, massing and appearance of the development is accepted, with further consideration given under the following heritage heading of this report.

Heritage

20 The Planning (Listed Buildings and Conservation Areas) Act 1990 sets out the statutory duties for dealing with heritage assets in planning decisions. In relation to listed buildings, all planning decisions should ‘should have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses’. The NPPF states that when considering the impact of the proposal on the significance of the designated heritage asset, great weight should be given to the assets conservation. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. Significance is the value of the heritage asset because of its heritage interest, which may be archaeological, architectural, artistic or historic, and may derive from a heritage asset’s physical presence or its setting. Where a proposed development will lead to ‘substantial harm’ to or total loss of the significance of a designated heritage asset, local planning authorities should refuse consent, unless it can be demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh that harm or loss. Where a development will lead to ‘less than substantial harm’, the harm should be weighed against the public benefits of the proposal, including securing its optimum viable use. Policy HC1 ‘Heritage conservation and growth’ of the draft London Plan, as well as London Plan Policy 7.8, states that development should conserve heritage assets and avoid harm, which also applies

page 4 to non-designated heritage assets. Case law outlines that a finding of harm to the setting of a listed building is a consideration to which the decision maker must give considerable importance and weight.

21 The application site is not situated within a conservation area and does not contain any listed buildings or buildings of notable architectural character. Notwithstanding this, the site is located adjacent Rockingham Street to the north-east of the grade II listed Metro Central Heights, which dates from 1959-66 and is by Erno Goldfinger, a well renowned modernist architect. Given the positioning and height of the proposed building, it is unlikely that it would be highly visible or affect the setting of Metro Heights in views from the south and west. However, views of Metro Heights from Tiverton Street demonstrate some impact, as the building sits in the foreground setting to the tallest tower element of Metro Heights.

22 The applicant has provided a Heritage, Townscape and Visual Impact Assessment (TVIA), as advised at pre-application stage, which tests key views of the scheme and quantifies the impact on the adjacent Metro Central Heights development.

23 The provided views demonstrate that, when viewed in from the north east along Tiverton street, the proposed building will partially obscure the southern part of the Metro Heights Complex. Notwithstanding this, the resulting harm to the neighbouring asset is considered to be less than substantial, noting the building obscures no greater portion of the complex than has previously been accepted in the extant consent which exists on the application site. Whilst higher than both the extant consent and neighbouring Metro Heights development, it is accepted that the proposals increased relative height would assist in creating a visual distinction between the proposal and the Metro Heights building when viewed in this way along Tiverton Street.

24 On the basis of the above considerations, it is determined that resulting harm to the setting of the adjacent Grade II listed Metro Heights complex is less than substantial, and outweighed by the public benefits of the proposal which include the optimisation of the site within an opportunity area, the activation of underutilised railway arches and the creation of a new public realm on a constrained site. The scheme therefore satisfies Policy 7.8 of the London Plan and HC1 of the draft London Plan. Sustainable Development

Energy

25 The applicant suggests their strategy provides a 61% reduction in regulated carbon dioxide emissions compared to a 2013 Building Regulations. Further revisions and information are required before the proposals can be considered to satisfy the target set within Policy 5.2 of the London Plan and the carbon dioxide savings verified. Detailed comments have been forwarded to the LPA and the applicant under separate cover in this regard.

26 The applicant has provided a commitment to ensure that the development is designed to allow future connection to a district heating network, however this is only for hot water. Drawings demonstrating how the site is to be future-proofed for a connection to a district heating network should be provided; these should include space provision for heat exchangers in the plant room, isolation valves, safe-guarded pipe route to the site boundary.

27 The applicant has not identified any district heating networks. They must investigate the availability of surrounding networks. Specifically, the applicant should contact the operator of the SBEG network to confirm the potential for connection, they should confirm with the borough energy officers whether any schemes are coming through in the vicinity that may provide an opportunity for connection. Correspondence demonstrating the investigation of all available district heat network connections has been undertaken must be provided.

page 5 28 The applicant should confirm whether they are proposing photovoltaic (PV) installation. A detailed roof layout must be provided demonstrating that the roof’s potential for a PV installation has been maximised. The applicant is required to maximise the on-site savings from renewable energy technologies, regardless of the London Plan targets having been met, and therefore the PV proposals should be reviewed. Transport

Car parking

29 The development is proposed to be car-free with the exception of 1 Blue Badge space provided on-street to serve the proposed B1 use. The parking provision satisfies Policy T6 of the draft London Plan. Provision of the proposed Electric Vehicle Charging Facility must be secured through condition of approval.

Cycle parking

30 The scheme includes a total of 97 long stay cycle parking spaces, which complies with Policy 6.9 of the London Plan and Policy T5 of the draft London Plan. Further details confirming compliance of the design of the cycle storage facilities with the London Cycling Design Standards (LCDS) must be provided prior to the return of the application at Stage 2. Legible London Signage, particularly including cycle parking wayfinding and access, should be secured by condition and appropriate funding secured in the s106 agreement.

Travel Plan and trip generation

31 The applicant has submitted a preliminary travel plan and trip generation assessment. Further information on trip generation is required, in particular the applicant should identify measures to improve pedestrian and cycle safety and which would prevent any accidents within the vicinity of the site. As advised at pre-application stage, additional demand for cycle hire may require mitigation, for example funding to extend a nearby cycle hire docking station. The applicant should further investigate purchasing Cycle Hire memberships for tenants as part of a revised travel plan.

32 A revised Travel Plan must be submitted, secured, monitored and enforced through the s106 agreement.

33 The Delivery and Servicing Plan (DSP) and Construction Logistics Plan must both be secured by condition of approval in accordance with Policy T7 of the draft London Plan. Local planning authority’s position

34 Council Officer’s from the London Borough of Southwark are continuing to assess this proposal. The proposal is intended to be presented to Council Committee in June 2019. Legal considerations

35 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

page 6 of determining the 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

36 There are no financial considerations at this stage. Conclusion

37 London Plan policies on principle, urban design, heritage, sustainable development and transport are relevant to this application. The below issues must be addressed to ensure the proposal complies with the London Plan:

• Principle of development: A commercial development resulting in the provision of 6,382 sq.m of new office and retail space in the Central Activities Zone (CAZ), Elephant and Castle District Town Centre and the Elephant and Castle Opportunity Area is strongly supported in accordance with Policies 2.10 and 2.11 of the London Plan and Policies SD4 and SD5 of the draft London Plan. Provision of flexible and affordable workspace for MSME’s must be provided and adequately secured by s106 agreement.

• Urban Design and heritage: The layout, height, massing and scale are consistent with Policy 7.5 of the London Plan and Policies D1 & D2 of the draft London Plan. Resulting harm to the setting of adjacent heritage assets is less than substantial, and outweighed by the public benefits of the proposal in accordance with Policy 7.8 of the London Plan and HC1 of the draft London Plan.

• Sustainable Development: Further revisions and information are required before the energy proposals can be considered acceptable and the carbon dioxide savings verified to comply with Policy 5.2 of the London Plan and Policy SI2 of the draft London Plan. Any shortfall in carbon reductions must be detailed and suitable contributions into the borough’s carbon offset fund secured by conditions and s106 obligations.

• Transport: The parking provision satisfies Policy T6 of the draft London Plan. Electric Vehicle Charging Point must be secured through condition of approval and details confirming compliance of the design of the cycle storage facilities with the London Cycling Design Standards (LCDS) must be provided. Further information on trip generation is required. A revised Travel Plan must be submitted, secured, monitored and enforced through the s106 agreement. The Delivery and Servicing Plan (DSP) and Construction Logistics Plan must both be secured by condition of approval.

page 7

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]

page 8