New Era Estate, Whitmore Road in the London Borough of Hackney Planning Application No
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planning report GLA/4944/01 7 October 2019 New Era Estate, Whitmore Road in the London Borough of Hackney planning application no. 2019/2458 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 Redevelopment of the New Era Estate to provide 199 residential units and 344 sq.m. of flexible retail floorspace, provided across buildings ranging from 3-14 storeys, together with associated landscaped communal amenity space, secure cycle parking spaces and refuse storage facilities. The applicant The applicant is Dolphin Living and the architect is Allies & Morrison. Strategic issues summary Principle of development: The regeneration of this privately-owned Estate, within the City Fringe Opportunity Area, to deliver uplift of 103 units is welcomed; however, the net loss of affordable housing is not supported (paragraphs 13-22). Affordable housing: The scheme would deliver 35% affordable housing by habitable room; however, the proposal does not currently secure like-for-like reprovision of affordable housing, which is unacceptable. The affordability of the re-provided affordable floorspace must be increased accordingly. GLA officers’ have reviewed the viability assessment and clarifications and justifications are sought, particularly in relation to the benchmark land value. Officers will robustly interrogate any additional information submitted by the applicant as well as the independent review to ensure that the maximum level of affordable housing is secured. Early and late stage review mechanisms must be secured, and the viability assessment must be published (paragraphs 25-29). Heritage, design and inclusive access: Generally supported; however, a robust justification must be provided for the units that do not comply with M4(2) of the Building Regulation requirements. The development would not cause harm to the nearby conservation areas or listed buildings. (paragraphs 30-39). Environment: The overall saving for the non-domestic element must be confirmed and additional information relating to overheating, heat pumps and PV should be provided. The applicant should also submit the GLA spreadsheet and re-engage with the stakeholders of the Colville Estate district heating network (paragraphs 40-41). Transport: A transport assessment, including an active travel zone assessment, is required. Disabled parking spaces for the residential component and short-stay cycle parking for the commercial element should be amended to accord with draft London Plan requirements. A parking design and management plan, construction logistics plan, delivery and servicing Plan and a full travel plan should all be secured (paragraphs 42-47). Recommendation That Hackney Council be advised that the application does not yet comply with the London Plan and draft London Plan for the reasons set out in paragraph 51 of this report. However, the resolution of these issues could lead to the application becoming compliant with the London Plan and draft London Plan. Context 1 On 17 July 2019, the Mayor of London received documents from Hackney 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 must provide the Council with a statement setting out whether he considers that the application complies with the London Plan and draft 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 Categories 1A, 1B and 1C of the Mayor of London Order 2008: • Category 1A: “Development which comprises or includes the provision of more than 150 houses, flats, or houses and flats”. • Category 1B: “Development (other than development which only comprises the provision of houses, flats, or houses and flats) which comprises or includes the erection of a building or buildings— outside Central London and with a total floorspace of more than 15,000 square metres.” • Category 1C: “Development which comprises or includes the erection of a building of (c) more than 30 metres high and is outside the City of London.” 3 Once Hackney 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 application site is approximately 0.42 hectares and within the City Fringe Opportunity Area. It is also designated as an Area of Regeneration in the London Plan and as a Strategic Area for Regeneration in the draft London Plan. The site is bounded by Whitmore Road to the west, Orsman Road to the north, Phillipp Street to the south, and Halcomb Street to the east. 6 The New Era Estate is a mid-rise housing estate built in the mid-1930s and there are currently 96 self-contained, privately rented units and 12 commercial units on the site. There are no listed buildings on the site, and it is not within a conservation area; however, Regent’s Canal, Kingsland and Hoxton Street Conservation Areas and several listed buildings including, the Grade II listed The Stag's Head Public House, Church of St Anne with St Columba and 22-24 Hertford Road, are in proximity. 7 The nearest section of the Transport for London Road Network (TLRN) is Kingsland Road (A10), approximately 650 metres east of the site and New North Road (A1200) is the nearest section of the Strategic Road Network (SRN). The nearest bus stops to the site are on Kingsland Road and Southgate Road, which serve routes 21, 67, 76, 141, 149, 242 and 243 providing bus connections to key destinations such as London Bridge, Waterloo, St Paul’s and Aldgate. Haggerston Station, which is approximately 650 metres north-east of the site is the nearest station. This station is served by London Overground East London Line services towards Highbury & Islington, New Cross, Clapham Junction, Crystal Palace, and West Croydon. The public transport access level (PTAL) of the site is 4 on a scale of 0-6b where 6b is the most accessible. Details of the proposal 8 Dolphin Living, a registered housing provider, is seeking full planning permission for the demolition of the existing New Era Estate and the redevelopment of the site involving the erection of four buildings ranging in height from 3 to 14 storeys to provide: 199 Build to Rent units; and, 344 sq.m. of flexible commercial floorspace. Case history 9 GLA officers provided initial pre-application advice on this scheme on 5 December 2018, covering issues with respect to: principle of development, urban and inclusive design, housing, affordable housing, sustainable development/climate change and transport. The advice report (pre-application report reference number GLA4944) issued by GLA officers supported the redevelopment of the site (which proposed 266 new units and 50% affordable housing) in strategic planning terms; however, details on the existing rents paid by the tenants who have been living on the estate prior to 2014 were requested. The applicant was also encouraged to ensure that all the principles set out in the draft London Plan and The Better Homes for Local people: The Mayor’s Good Practice Guide to Estate Regeneration are met. Outstanding issues relating to urban design, inclusive design, sustainable development/climate change mitigation and transportation had to be addressed as part of the application submission to ensure compliance with London Plan and draft London Plan policies. 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 is Hackney’s Core Strategy (2010); Site Allocations Plan (2016); Development Management Local Plan (2015); and, the London Plan 2016 (The Spatial Development Strategy for London Consolidated with Alterations since 2011). 11 The relevant issues and corresponding policies are as follows: • Opportunity Area London Plan; • Estate regeneration/ London Plan; loss of existing housing • Housing London Plan; Housing SPG; Housing Strategy; Shaping Neighbourhoods: Play and Informal Recreation SPG; Shaping Neighbourhoods: Character and Context SPG; • Affordable housing London Plan; Housing SPG; Housing Strategy; Mayor’s Affordable Housing and Viability SPG; • Heritage & urban design London Plan; Shaping Neighbourhoods: Character and Context SPG; Housing SPG; Shaping Neighbourhoods: Play and Informal Recreation SPG; • Inclusive design London Plan; Accessible London: Achieving an Inclusive Environment SPG; • Sustainable development London Plan; Sustainable Design and Construction SPG; Mayor’s Environment Strategy; • Transport London Plan; Mayor’s Transport Strategy. 12 The following are relevant material considerations: • the National Planning Policy Framework and National Planning Practice Guidance; • the Draft London Plan – Consolidated Suggested Changes Version (July 2019), which should be considered on the basis explained in the NPPF; • Hackney Draft Local Plan 2033 (LP33); • City Fringe Opportunity Area Planning Framework; • Better Homes for Local People: Mayor’s Good Practice Guide to Estate Regeneration; and, • the Affordable Housing and Viability SPG, which must now be read subject to the decision in R (McCarthy & Stone) v the Mayor of London. Principle of development: Opportunity Area 13 The London Plan and draft London Plan both identify the optimisation of land, including the redevelopment of brownfield sites, as a key part of the strategy for delivering additional homes in London. London Plan Policies 2.13 and 2.14 and draft London Plan Policies SD1 and SD10 identify opportunity areas and areas of regeneration as focal points for intensification. The application site falls within the City Fringe Opportunity Area and an Area of Regeneration.