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); 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 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. Station, which is approximately 650 metres north-east of the site is the nearest station. This station is served by London Overground 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. The City Fringe Opportunity Area is identified in the London Plan as having an indicative employment capacity of 70,000 jobs and a minimum of 8,700 new homes. This indicative capacity is set at 50,500 jobs and 15,500 homes in the draft London Plan. Redevelopment of the site to optimise housing and affordable housing is therefore supported.

Estate regeneration/loss of existing housing

14 Dolphin Living is a Registered Provider (RP) and part of Dolphin Square Charitable Foundation, an independent charity, whose mission is to provide genuinely affordable housing for working Londoners such as teachers, chefs, nurses, drivers, social workers, police, craftspeople and designers. The RP acquired the privately-owned New Era Estate from Westbrook Partners, an American asset management firm, in December 2014. On acquiring the estate, the RP introduced a “Personalised Rents Policy”, which determines tenants’ rents based on their household income.

15 Whilst the existing units are privately owned and rented, the scheme would involve the loss and replacement of homes considered to be affordable housing (as will be demonstrated later in this report) and as such is being assessed against London Plan Policy 3.14, and draft London Plan Policy H10. These policies, the Mayor’s Good Practice Guide to Estate Regeneration, and the Mayor’s Affordable Housing and Viability SPG make clear that in the redevelopment of sites any loss of affordable housing must be replaced by better accommodation and at least an equivalent amount of floorspace, at similar tenures.

16 There are currently 96 residential units on the site, as set out in Table 1.

Table 1: Existing residential units

typology total units total habitable rooms

1Bed 14 28

2Bed 69 207

3bed 13 52

total 96 287

17 When the RP acquired the estate in 2014, there were only 89 tenancies. Out of this original total there are 78 remaining, comprised of the following tenancies: 71 assured short-hold; 6 regulated; and, one assured. The remaining units are let on short-term tenancies. The table below sets out the details of the 78 units that are let on a long-term basis.

Table 2: Existing units let on a long-term basis

type number of units number of habitable rooms

1Bed 8 16 2Bed 62 186 3Bed 8 32 total 78 234

18 The below table shows the existing long-term tenancies, the associated rents and how they compare to the Mayor’s genuinely affordable products—London Affordable Rent (LAR) and London Living Rent (LLR).

Table 3: Existing long-term tenancies and rents

type existing tenancy current rent range London London Affordable Rent Living Rent 1Bed assured £165 £155.13 £226.84 1Bed assured shorthold £177 - £239 £155.13 £226.84 2Bed regulated £134 £164.24 £252.23 2Bed assured shorthold £165 - £293 £164.24 £252.23 3Bed assured shorthold £220 - £246 £173.37 £277.38

19 It is evident that the existing rents compare favourably with the Mayor’s preferred rents. As indicated earlier in this report, the RP employs a “Personalised Rents Policy” based on household income resources for its assured and shorthold assured tenancies; and the RP has confirmed that all the existing tenants’ declared incomes are below £60,000 and therefore meet the threshold in the draft London Plan and the Mayor’s Affordable Housing and Viability SPG for intermediate rent products. Given the characteristics of the 78 original tenants’ tenancies and their household incomes, an equivalent amount of floorspace should be re-provided at similar rents.

20 According to the Housing Statement submitted in support of the application, the 78 ‘Original Tenants’ referred to in Table 2 above have been promised (through what is understood to be a legally binding Rebuild Agreement) the following:

• a new home on the rebuilt New Era Estate, with rents similar to what would have been paid without the Estate being rebuilt; • whilst the estate is rebuilt Dolphin Living will make sure each household has somewhere to live and will support each move and will over the costs of moving; and, • engagement with the tenants on the rebuild and decant process.

21 The application proposes 199 new Build to Rent residential units, of which 68 would be allocated as affordable housing. As shown in Table 4 below, this represents a net loss of 10 affordable units and 48 habitable rooms. Whilst the equivalent amount of affordable floorspace would be provided, as shown below this would not be provided at equivalent rents, and this therefore does not accord with London Plan Policy 3.14, draft London Plan Policy H1 and the Mayor’s Affordable Housing and Viability SPG and is not supported. The applicant should therefore ensure that at least the equivalent floorspace represented by the 78 units would be provided at similar rents to the existing 78 homes under long-term tenancies which would be demolished. This is considered further in the housing paragraphs below.

Table 4: Loss/gain of housing

units habitable rooms floorspace (sq.m.) existing 96 287 4,980 sq.m. proposed 199 530 12, 589 sq.m. net change +103 +243 +7,609 sq.m. existing affordable 78 234 4,060 sq.m.* proposed affordable 68 186 4,182 sq.m. net change -10 -48 +122 sq.m.

* Based on the existing affordable h/r rooms as a percentage of the total number of h/r.

22 In addition to the like-for-like replacement of homes and right to return, the Mayor’s Good Practice Guide to Estate Regeneration sets out additional principles for undertaking estate regeneration schemes, including a fair deal for leaseholders; full and transparent consultation and a ballot where there are more than 150 new homes proposed and GLA funding is provided. There are no leaseholders on the estate. Extensive consultation was carried out in association with the Tenants Association, with engagement commencing in 2017 and continuing throughout 2018. Dolphin Living has also established a dedicated consultation website and a ballot was undertaken in April 2019, which resulted in a 91% ‘YES’ vote based on a 91% turnout of eligible residents. The 78 ‘Original Tenants’ will be decanted to Kingsland Road or nearby whilst New Era is rebuilt. These measures, and the assurances given to tenants under the “Rebuild Agreement” outlined above, respond positively to the principles outlined in the Mayor’s Good Practice Guide, and are supported. However, the principle of no net loss of affordable housing must be further addressed. Housing

23 London Plan Policy 3.3 in seeking to increase the supply of housing in London, sets borough housing targets, and in Table 3.1 puts the minimum annual monitoring target for the Borough of Hackney at 1,599 additional homes per year between 2015 and 2025. The 10-year target for the borough in the draft London Plan is 13,300 for the period 2019- 2029. The proposed development would meet the qualification criteria for Build to Rent schemes set out in draft London Plan Policy H13 and the Mayor’s Affordable Housing and Viability SPG. All the requisite conditions will be secured in the Section 106.

24 The scheme proposes 199 new Build to Rent residential units, as set out in the table below.

Table 5: Proposed housing mix

tenure 1Bed 2Bed 3Bed total/u total/hr hr (%) Private 49 74 8 131 344 65%

London Living Rent 11 8 2 21 54 35% Discounted Market Rent 18 20 9 47 132 total 78 102 19 199 530 100%

Affordable housing

25 London Plan Policy 3.12 seeks the maximum amount of affordable housing and Policy H5 of the draft London Plan sets a strategic target of 50%. Similarly, the Hackney Local Plan sets a borough-wide strategic target of 50%. Regarding Build to Rent schemes, the Mayor expects at least 30% of any affordable homes provided as part of such schemes to be delivered at an equivalent rent to London Living Rent, with the remaining 70% at a range of genuinely affordable rents. Locally, Policy LP15 of the draft Hackney Local Plan expects all affordable units to be provided as LLR. As the proposed scheme is an estate regeneration involving the demolition of units, it does not qualify for the Fast Track Route set out in Policy H6 of the draft London Plan and the Mayor’s Affordable Housing and Viability SPG. It must be ensured, as a minimum, that the existing affordable housing is re-provided on a like-for-like basis, and any uplift in affordable housing must be maximised.

26 The scheme proposes 35% affordable housing by habitable room, which equates to 68 units. As indicated earlier in this report, whilst the equivalent floorspace represented by the 78 long-term tenancy units would be re-provided, this would be offered at rents significantly above the existing rent levels for these units. This is unacceptable and must be addressed by ensuring that this floorspace is provided and secured at similar rent levels as existing. The applicant has submitted a viability assessment and GLA officers’ assessment thus far has identified areas that require further clarification or justification, especially in relation to the benchmark land value. Full details of the GLA officers’ comments have been sent to the applicant and the Council. Officers will robustly interrogate any additional information submitted by the applicant as well as an independent review to ensure that the maximum level of affordable housing is secured. It is understood that the applicant is in discussion with the GLA regarding grant and this scenario will be factored into Officers’ assessment.

27 Regarding rents, the RP is proposing to provide 30% of the affordable units at London Living Rent levels and the remaining 70% at rents up to 80% of market rent. Based on the discounts proposed in the Housing Statement, the affordable monthly rents should be:

Table 5: Expected rents based on proposed discounts

Unit London London Proposed Proposed DMR type Rent Map Living Rent DMR as % of Market Rent 1Bed £1,647 £983 £1,317 80% 2Bed £2,058 £1,093 £1,358 66% 3Bed £2,600 £1,202 £1,430 55%

28 Notwithstanding the RP’s stated position to re-provide the units at existing rent levels, given the 78 original tenants’ existing rents (detailed in Table 3) and to accord with draft London Plan Policy H10 and the Mayor’s Affordable Housing and Viability SPG, the applicant should seek to reduce the proposed discount market rents to broadly align with the existing rents of the 78 original tenants, in order to demonstrate that the proposal results in no net loss of affordable housing. Securing London Living Rent levels for all the affordable units could address these matters. These rents must be secured within the S106 agreement. An early and late stage mechanism will be required, and the Council must publish the financial viability assessment,

including any review, in accordance with Policy H6 of the draft London Plan and the Mayor’s SPG and to ensure transparency of information.

29 A draft of the Section 106 agreement must be provided to the GLA for review as soon as one is made available to ensure that the requisite review mechanisms have been applied and the affordability and eligibility criteria comply with the London Plan, draft London Plan and the Mayor’s Affordable Homes Programme Funding Guidance. Heritage and urban design

30 The scheme has been subject to design review discussions with the Council’s design panel in accordance with Policy D2 of the draft London Plan. This is welcomed.

Heritage

31 The Planning (Listed Buildings and Conservation Areas) Act 1990 sets out the tests for dealing with heritage assets in planning decisions. Regarding listed buildings, all planning decisions 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 a designated heritage asset, great weight should be given to the asset’s conservation and the more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting.

32 As indicated earlier in this report, the application site is near to conservation areas and Grade II listed buildings. The applicant has submitted a townscape and visual impact assessment, which consider the proposal’s impact on heritage assets. Having regard to the statutory duties in respect of listed buildings in the Planning (Listed Buildings and Conservation Areas) Act 1990, and the relevant paragraphs in the NPPF, GLA officers consider that the proposed development would not harm the significance of the nearby conservation areas or Grade II* listed buildings. The proposal therefore accords with London Plan Policy 7.8 and Policy HC1 of the draft London Plan.

Density

33 The net residential density for the proposed development is 485 and 1,292 units and habitable rooms per hectare respectively, which exceeds the guidance range of 650-1100 habitable rooms and 140-405 units per hectare as set out in Table 3.2 of the London Plan for sites with a PTAL of 4 and a central character setting. The number of units per hectare and height of the building also exceed the threshold for increased scrutiny of design quality set out in the draft London Plan. The scheme has been subject to design review discussions in accordance with Policy D2 of the draft London Plan; moreover, the proposal would deliver good design and residential quality (as set out below) and is supported given that it ensures development is optimised on this currently under-utilised site within the Opportunity Area. In line with Policy D2, details should be provided of day-to-day servicing and deliveries, and longer-term maintenance implications and the long-term affordability of running costs and service charges (by different types of occupiers) as detailed in paragraph 3.2.9 of the draft London Plan. This should be secured by condition as part of any permission.

Layout and massing

34 The principle of creating a perimeter block with a central courtyard is supported. The revised ground floor layout is generally an improvement to plans submitted at pre-application stage, with a substantial extent of active street frontages and defensible space incorporated between internal and public realm spaces along residential streets.

35 The emerging context towards Park includes several taller buildings and the proposed provision of a taller element on the western corner of the site is considered acceptable. The height of buildings on the south side of the proposed development is lowered to three storeys to allow sunlight into the courtyard, which is welcomed. The proposed development does not affect designated views.

Residential quality

36 The quality of the residential accommodation proposed is generally considered to be high. All units would meet the London Plan, draft London Plan and Mayor’s Housing SPG internal space standards. Since the pre-application advice, the applicant has revised the residential layout to provide 107 dual aspect units and zero single aspect north facing units, and all residential units include private balconies or terraces. This is supported. Whilst most of the residential units have an efficient core to unit ratio, the southeast quadrant exceeds eight residential units per core. The applicant should therefore robustly justify what constraints necessitate more than 8 units per core in this quadrant. Circulation space at each level should also have access to natural light and ventilation, as set out in Standard 3.2 of the Housing Design SPG. This point must be addressed to ensure residential layouts are of the highest quality.

37 The proposal for the most part responds positively to London Plan Policy 3.8 and meets Building Regulation requirement M4(2) ‘accessible and adaptable dwellings’ and Building Regulation requirement M4(3) ‘wheelchair user dwellings’. However, three ground floor units do not fully comply with the M4(2) standards and the reason advanced for this non-compliance is considered unacceptable. The applicant should therefore provide a robust justification for this non- compliance. Compliance with Building Regulation requirement M4(2) ‘accessible and adaptable dwellings’ and Building Regulation requirement M4(3) should be secured in the Section 106 agreement. To ensure the safety of future occupants, a fire strategy produced by a suitably qualified third-party assessor should be secured in accordance with Policy D11 of the draft London Plan.

38 In accordance with London Plan Policy 3.6 and draft London Plan Policy S4, development proposals that include housing should provide play space for children based on the short and long- term needs of the expected child population generated by the scheme. The total play space required, using the GLA’s 2019 child play space calculator, is 261 sq.m. A total of 263 sq.m. of play space would be provided in the courtyard, comprising a range of elements, equipment and space to provide play opportunities for all children aged 0-11 years old. In terms of older children, the applicant has identified nearby parks as suitable alternatives to the provision of off-site play areas. This is considered acceptable, subject to the applicant demonstrating that routes to off-site play provision are safe and convenient, and the Council secures the requisite financial contributions to the upgrade of local play facilities.

Appearance

39 Given the scale, density and impact of the proposal on the wider area, the scheme should aspire to demonstrate exemplary residential and built quality. The use of brick as the primary material is welcomed, as it is consistent with the local context. Key details such as main entrances, window reveals, balconies and ground floor frontages should be secured as part of the application. Environment

Energy strategy

40 The applicant has submitted an energy assessment in accordance with London Plan Policy 5.2 and draft London Plan Policy SI2. An on-site reduction of 111 tonnes of CO2 per year in regulated emissions compared to a 2013 Building Regulations compliant development is expected

for the domestic element, equivalent to an overall saving of 53%, which does not meet the required zero carbon target. For the non-domestic element, the expected reduction and overall saving are to be confirmed. To ensure compliance with the London Plan and draft London Plan, additional information relating to overheating, heat pumps and PV is required. In addition, the applicant should also submit the GLA spreadsheet and re-engage with the stakeholders of the Colville Estate district heating network and provide evidence that the connection is not possible. The reduction and saving for the non-domestic element must be confirmed. Full details of the outstanding issues relating to energy have been provided directly to the applicant and Council.

Flood risk, sustainable drainage and water efficiency

41 The site is located in Flood Zone 1 and as such is at a low risk of flooding. Regarding sustainable drainage, blue roofs, green roofs, rain gardens, permeable paving and a below ground geo-cellular attenuation tank would be the SuDS measures. This approach is strongly supported as it satisfies the requirements of London Plan Policy 5.13 and draft London Plan SI13. In terms of water efficiency, the proposed dwellings would have a maximum indoor water consumption of 105 l/person/day, which complies with Policy 5.15 of the London Plan and draft London Plan Policy SI5. Transport

42 The proposals are supported by a transport statement; however, a development of this scale should include an active travel zone (ATZ) assessment to identify measures that could support the expected high walking and cycling mode share of this car-free development. Any necessary mitigation identified through this work should be secured in the S106, S278 or by condition as appropriate. Such an assessment should therefore be provided. Similarly, all developments are expected to deliver improvements that support the 10 Healthy Streets Indicators in line with Policy T2 of the draft London Plan and new developments should make a greater contribution to achieving this aim, particularly in well-connected parts of London such as the application site.

43 Given the location in the City Fringe, the removal of around 70 ad hoc car parking spaces within the development is strongly supported. Although the development would be car-free for new residents, around 35 existing permit holders may be retained. The applicant should work with Hackney Council to identify where they can be accommodated as the surrounding streets already experience parking stress. An ATZ, referred to above, will also help to identify improvement to the surrounding public realm; however, the applicant should consider extending the raised table on Halcomb Street.

44 In accordance with draft London Plan Policy T6.1 G, the applicant should ensure that at least one disabled persons parking bay is available from the outset for 3% of the dwellings. A further 6 disabled persons parking bays should be provided. Additionally, one disabled persons parking bay should be provided for the commercial uses. These may be provided on-street, subject to agreement with Hackney Council. A parking design and management plan should be submitted to demonstrate how they could be provided and secured by planning condition. Infrastructure provision for electric or other ultra-low emission vehicles should be made in accordance with draft London Plan Policy T6.1 C, with 20% of the spaces providing active charging facilities and passive provision for the remaining spaces. Where charging infrastructure is provided on-street, this should be in the carriageway and not on the footway.

45 The provision of 468 residential cycle parking spaces is welcomed as it complies with draft London Plan standards. A minimum of 6 short stay cycle parking spaces should be provided for visitors in a safe, secure and easily accessible location in the public realm. The applicant proposes four long-stay cycle parking spaces for the commercial element of the scheme, which is welcomed;

however, a minimum of 18 short-stay cycle parking spaces should be provided for A1/A3 Use Classes. Any ramps to the cycle parking should be shallow enough and large enough to accommodate all types of cycles. Any two-tier racks should have a mechanically or pneumatically assisted system for accessing the upper levels and to allow for double-locking. Short-stay cycle parking should be provided at ground floor level in the public realm near building entrances. End of journey facilities including showers and lockers should be provided for employment uses in accordance with draft London Plan policy T5 (Cycling) and the LCDS.

46 A full delivery and servicing plan, full travel plan and construction logistics plan should be secured by condition. The latter should be in place before construction commences and the other two prior to occupation.

47 The site is located within the limits of land subject to consultation with the Crossrail 2 Safeguarding Direction. Conditions will be required to ensure that the development does not prejudice the delivery of Crossrail 2. MCIL2 came into effect on 1st April 2019. For Hackney, the rate is £60 per square metre (as indexed) for qualifying developments in Local planning authority’s position

48 Hackney Council planning officers are currently assessing the application. Legal considerations

49 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. 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

50 There are no financial considerations at this stage. Conclusion

51 London Plan and draft London Plan policies on Opportunity Areas, loss of existing housing/estate regeneration, housing, affordable housing, heritage, urban and inclusive design, environment and transport are relevant to this application. The application does not yet comply with the London Plan and draft London Plan. The following changes might, however, lead to the application becoming compliant with the London Plan and draft London Plan:

• 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.

• Affordable housing: The scheme would deliver 35% affordable housing by habitable room; however, the proposals do not currently secure like-for-like reprovision of affordable housing which is unacceptable. The affordability of the re-provided affordable floorspace must be increased. 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.

• Urban design: 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 any harm to the nearby conservation areas or listed buildings.

• 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.

• Transport: A transport assessment in line with TfL’s latest online guidance, 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. Cycle parking and associated access routes must be designed in accordance with the London Cycling Design Standards (LCDS). A parking design and management plan, construction logistics plan, delivery and servicing Plan and a full travel plan should all be secured.

For further information, contact the 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] Katherine Wood, Team Leader 020 7983 5743 email [email protected] Andrew Payne, Case Officer 020 7983 4650 email [email protected]