planning report D&P/3245a/01 3 April 2017 & Queen’s Gardens, in the Borough of Croydon planning application no. 17/01046/FUL

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 Erection of four buildings ranging in height from 13 to 35 storeys comprising 514 residential units, flexible retail, employment or community (Use Class A1/A2/A3/A4/B1/D1) space at ground floor level, new basement areas (including demolition of parts of existing basement), landscaping (including re-landscaping of Queens Gardens), new pavilion cafe in Queens Gardens (Use Class A3), access, servicing and associated works.

The applicant The applicant is Hub Group, the planning agent is Gerald Eve and the architect is AHMM.

Strategic issues summary Land use principle: residential-led mixed-use redevelopment, to increase the delivery of housing on this highly accessible site, is strongly supported. The applicant should however demonstrate that the siting of the residential units would not prejudice the use of the adjacent music venue. (paragraphs 14-15) Affordable housing: the proposed offer of 34% by habitable room is broadly supported, although will need to be verified through viability work. The applicant is required to fully explore the use of grant funding to increase the affordable contribution, in accordance with the draft Affordable Housing and Viability SPG. (paragraphs 17-20) Urban design: the scheme is generally well designed and the height and massing would not harm the setting of heritage assets. (paragraphs 23-28) Transport: the applicant should make a contribution of £330,000 towards enhancements to public transport. (paragraphs 33-36)

Recommendation That Croydon Council be advised that, whilst the principle of the proposal is supported, the application does not comply with the London Plan, for the reasons set out in paragraph 40 of this report. However, the resolution of those issues could lead to the application becoming compliant with the London Plan.

page 1 Context

1 On 2 March 2017 the Mayor of London received documents from Croydon 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 has until 12 April 2017 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 the following Categories of the Schedule to the 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 sq.m.

 Category 1C: Development which comprises or includes the erection of a building more than 30 metres high and outside the City of London.

3 Once Croydon 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 environmental information for the purposes of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011, as amended, has been taken into account in the consideration of this case.

5 The Mayor of London’s statement on this case will be made available on the GLA website www.london.gov.uk. Site description

6 The site is 1.77 hectares in area and is on the corner of Park Lane and the Croydon Flyover. The southern part was formerly occupied by a 19 storey office building (Taberner House) and also incorporates Queen’s Gardens, a green public open space designated locally by the Council. The previous building was demolished when the Council relocated its office functions to the new building on the opposite side of Fell Road, to the west.

7 The site is within Croydon Metropolitan Centre and the surrounding area is predominantly commercial, containing a number of office and civic buildings. (a Grade II listed building) is situated to the west of the application site and Seagas House, situated to the north of Queens Garden, is also Grade II listed. The northern part of Queens Gardens is within the Central Croydon Conservation Area. There are also a number of substantial trees within Queens Gardens, including memorial trees which the Council wishes to be retained. The site is located within the Croydon Opportunity Area and the site falls within the Mid Croydon and Fairfield character area in the Opportunity Area Planning Framework (2013) (OAPF).

8 Park Lane forms part of the Strategic Road Network (SRN) and the Croydon Flyover forms part of the Transport for London Road Network (TLRN). is located approximately 650 metres (an eight minute walk) to the northeast of the site and is served by numerous national rail

page 2 services as well as London Tramlink and nine different bus routes. Eighteen bus routes in total are within walking distance of the site, with the closest stops on Katharine Street to the north, High Street to the west and Park Lane/Wellesley Road to the east. As a result, the site records an excellent Public Transport Accessibility Level (PTAL) of 6b, the highest rating possible.

Details of the proposal

9 Full planning permission is sought for four new buildings of 35, 21, 19 and 13 storeys in height, comprising 514 residential units and 1,159 sq.m. (GIA) of flexible commercial space on the ground floors. New and enhanced public open space works and pedestrian routes are proposed, including the comprehensive re-landscaping of Queen’s Gardens and a new stand-alone cafe unit within the gardens. Private amenity spaces for residents would be provided in the form of balconies and roof gardens. Case history

10 On 26 February 2014, the former Mayor considered a report on a previous planning application for the site (reference D&P/3245/01), which proposed a comprehensive redevelopment for three buildings up to 32 storeys comprising 420 residential units and ground floor retail space. The former Mayor supported the principle of the development, but raised concerns regarding affordable housing, family housing, urban design, inclusive design, energy and transport. Croydon Council subsequently resolved to approve the application and the former Mayor allowed the Council to determine the application itself on 14 May 2014.

11 This revised scheme differs from the consented scheme principally due to reconfiguration of the layout and scale of the development to accommodate additional residential units, resulting in an increase in the scale of development and an increase in the amount of public open space. This scheme has been the subject of pre-application discussions with GLA officers, including a meeting in December 2016. Strategic planning issues and relevant policies and guidance

12 The relevant issues and corresponding policies are as follows:

 Land use principle London Plan; OAPF;  Housing and affordable housing London Plan; Draft Affordable Housing & Viability SPG; Housing SPG; Housing Strategy; Providing for Children and Young People’s Play and Informal Recreation SPG;  Urban design and heritage London Plan; Character and Context SPG; OAPF;  Inclusive design London Plan; Accessible London: achieving an inclusive environment 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 and parking London Plan; the Mayor’s Transport Strategy.

13 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 Croydon Local Plan, comprising Strategic Policies (April 2013) and Detailed Policies & Proposals (proposed submission) (September 2016). Also relevant are the saved UDP Policies (2006), which will be replaced once the Detailed Policies & Proposals document is adopted. The Croydon Opportunity Area Planning Framework (2013) and Mid Croydon Masterplan (2013) are also relevant. The London Plan (Consolidated with Alterations since 2011),

page 3 the National Planning Policy Framework and Technical Guide to the National Planning Policy Framework are also relevant material considerations. Land use principle

14 As set out above, the site is located within the Croydon Opportunity Area, which is identified in the London Plan as being capable of accommodating at least 7,500 new jobs and a minimum of 10,000 new dwellings by 2031. The Croydon Opportunity Area Planning Framework (OAPF) was jointly prepared and published by the Mayor and Croydon Council in January 2013 and strongly supports the regeneration of Croydon Town Centre. This OAPF locates the application site within the Mid Croydon and Fairfield Character Area which it is anticipated will retain its civic and community functions, but would also include a mix of residential and leisure uses, as well as small-scale shopping and commercial space. Given this policy context and the extant planning consent for residential-led mixed-use development, the primarily residential use of this site is supported in strategic planning terms. The proposal to further optimise the use of the site with additional residential accommodation (94 unit increase), increased affordable housing and public open space is also welcomed.

Impact on music venue

15 The application proposes residential uses within 50 metres of Fairfield Halls, a large historic music venue that closed in 2016, but is due to re-open in two years’ time. The applicant’s noise assessment (contained within the Environmental Statement) does not assess the potential noise impact of this music venue on the residential units within the scheme. Albeit a dual carriageway separates the two buildings and it is likely that the refurbished Hall will largely be soundproofed. In order to ensure compliance with London Plan Policy 4.6, the applicant should demonstrate that the proposed residential uses can coexist with the use of Fairfield Halls. If any sound insulation mitigation is required, this should be secured by condition. Housing

Housing products and mix

16 The proposed residential mix is set out in the below table. Given the overall scheme mix and unit type distribution, the provision of affordable family housing has been prioritised, which is supported in line with London Plan Policy 3.8.

unit type % intermediate % affordable % total market rent 1 bed 130 38 48 57 30 33 208 2 bed 169 50 24 29 40 44 233 3 bed 41 12 12 14 20 22 73 total 340 84 90 514

Affordable housing

17 The application proposes 174 affordable units, which equates to 34% of both the unit numbers and habitable rooms within the scheme. The split would be approximately 52:48 in favour of affordable rent. The overall quantum falls slightly short of the strategic threshold set out in the Mayor’s draft Affordable Housing and Viability SPG, but is a significant uplift compared to the extant consent, which secured 15% affordable housing. The applicant has submitted a viability assessment to support the application in accordance with the Route A approach.

page 4 18 The affordable rented units would all be provided at 80% of market rent in accordance with Local Housing Allowance caps for the area. Income thresholds for the shared ownership units would be a maximum of £60,000, with monthly housing costs (inclusive of rent, mortgage and service charges) not exceeding 40% of net income.

19 The applicant’s viability assessment should be reviewed by the Council’s consultant. GLA officers find the applicant’s assessment of site value, which includes substantial value ranges and a market value assessment, difficult to understand given the site context. In accordance with the Mayor’s draft SPG, the assessment of site value should be based on an existing use value approach, on the basis of a cleared site with planning permission. It will be necessary, following the outcome of the viability work, for the applicant to have further discussions with the Council and GLA officers about whether the offer can be improved, either by increasing the overall quantum of affordable housing or by improving the affordability of the units further, particularly the affordable rented units.

20 Furthermore, the applicant is required to investigate the inclusion of grant funding at £28,000 per unit. Two scenarios should be secured through the S106, one with grant and the other without. The applicant’s chosen Registered Provider (RP) would be responsible for bidding for the grant funding, so further discussions with potential RPs, or the Council if they are proposing to take on the units, is required prior to the application being referred back to the Mayor at Stage 2.

Density

21 The applicant has stated that the density of the scheme is 2,512 habitable rooms per hectare or 916 units per hectare, although it is not clear how this has been calculated. The applicant should confirm what site area has been used to calculate this, as it would not be appropriate to include the Queen’s Gardens in the developable area. Notwithstanding this, it is clear that the density exceeds the guidance ranges set out in the London Plan for this site. It is noted however that a high density development may be acceptable on this site, which has a very high PTAL, is in an Opportunity Area and within a short walk of numerous shops and services. The standard of design and residential quality is also very high and the scheme provides new high quality permeable routes and a good quantum of open space with opportunities for play space. Accordingly, the proposed density is considered acceptable and the proposal to increase the delivery of housing, and affordable housing, compared to the extant consent is strongly supported.

Children’s play space

22 London Plan Policy 3.6 seeks to ensure that development proposals include suitable provision for play and recreation and further detail is provided in the Mayor’s Shaping Neighbourhoods: Play and Informal Recreation SPG. The development will provide a total of 1,318 sq.m. of play space, all within the remodelled Queen’s Gardens and adjacent to the proposed cafe, exceeding the 1,250 sq.m. quantum required by the SPG. Play space will be provided for all age groups. The approach to children’s play space accords with London Plan Policy and is supported. The Council should secure details of the play space design by condition. Urban design

Layout and public realm

23 This revised proposal makes a number of amendments to the previously approved layout. Four buildings are now proposed instead of five and the space between them has been increased. This has resulted in an uplift in the amount of public open space and a more open relationship with Queen’s Gardens that should improve light and ventilation to the park, which is welcomed. There is now only commercial space proposed at ground floor and the space between the buildings has the potential to be much more functional as public realm, which is supported. The amount of active

page 5 frontage to Fell Road has also been increased and all parts of the public realm would now be well animated by a mixture of residential and commercial entrances. The inclusion of a small cafe unit within the Queen’s Gardens to provide a focus for activity in this space is also welcomed. Overall, the approach taken to layout is considered to be well resolved and a significant improvement on the consented scheme.

24 The applicant has responded positively to comments made during pre-application discussions by reducing the amount of landscaped mounding, widening the main north-south pedestrian route and removing the ground projection floor of Block 1. A network of legible, welcoming and inclusive routes would be created through the scheme to link the residential areas to the south with Queens’s Gardens and to improve east-west permeability, which is supported. There is however a concern over the siting of the cycle storage access lift, which would clutter and detract from the open quality of one of these new routes and would lead to a small secluded area at the bottom of the steps to the south of Block 3. The applicant should consider either incorporating this within the Block 3 layout, or alternatively relocating it so that it is adjacent to the southern elevation of the block.

Height, massing and heritage

25 The overall scheme massing would be increased compared to the extant consent, although the tallest element would be broadly similar in height and scale. The increase in scale arises from a different approach to massing with fewer blocks now proposed across the scheme with varying heights. There would however be an increase in the space between the buildings, which would improve light and ventilation to the public realm and residential quality generally, which is welcomed. The overall approach to massing is supported, given the extant permission and emerging context in Croydon Town Centre.

26 Furthermore, the applicant’s Townscape & Visual Change document demonstrates that there would be no harm to the setting of nearby heritage assets, including the Grade II listed Town Hall and Clock Tower and the Central Croydon Conservation Area. Having regard to the statutory tests for dealing with heritage assets set out in the Planning (Listed Buildings and Conservation Areas) Act 1990 and the guidance in the NPPF, GLA officers consider that the proposal preserves the setting of nearby listed buildings and the character and appearance of Croydon Central Conservation Area. As such there would be no harm to heritage assets as a result of the proposal.

Architectural treatment

27 The buildings have been designed to read as a family, incorporating the same architectural approach of a metal structured ‘supergrid’ with textured infill panels and recessed balconies, with material tones varying between the blocks. There base of the buildings would be emphasised through double height commercial spaces. The supergrid approach would be extended above the upper floors to add interest to the skyline and enclose the rooftop amenity spaces. The approach to the appearance of the buildings is supported, subject to the use of high quality materials and detailing, which the Council should secure by condition.

Residential quality

28 The taller, more slender block design of this revised scheme generally results in improved residential layouts, with improved privacy distances, no more than 8 units per core and the number of dual aspect units maximised at 70% of the total. Most of the access cores also benefit from natural light and ventilation, which is welcomed. All units meet the national minimum space standards and floor to ceiling heights meet the 2.5 metre minimum standard set out in the Mayor’s Housing SPG. Private amenity space would also be provided in line with the SPG standards, in addition to communal rooftop space on Blocks 3 and 4. The residential quality of the scheme is therefore supported.

page 6 Inclusive design

29 The scheme proposes gently sloping routes through the site to address the levels changes. All of the main pedestrian routes would be designed in this way, with the exception of the route between Blocks 2 and 3, which would be stepped only. This would however be a secondary route and the layout ensures that disabled people would generally have the same choices as non-disabled people in the way that they move around the scheme.

30 In relation to the residential units, the applicant has confirmed that all the new homes will meet the Building Regulations M4(2) standards and at least 10% would meet the M4(3) standards. These homes would be distributed across tenure types, flat sizes and floors to give disabled and older people similar choices to non-disabled people. The Council should secure compliance with Building Regulations standards by condition. Climate change

31 A range of energy efficiency measures are proposed, including low energy lighting. An overheating analysis has been undertaken, but the applicant should provide the full modelling results. The applicant has not identified any nearby existing or planned heat networks, but has designed the energy centre within the development to enable future connection, although the efficiency of the CHP operation should be clarified. The applicant has investigated the feasibility of a range of renewable energy technologies and is proposing to install photovoltaic (PV) panels and air source heat pumps.

32 An on-site reduction of 313 tonnes (residential) and 24 tonnes (commercial) of carbon dioxide per year in regulated emissions compared to a 2013 Building Regulations compliant development is expected. This is equivalent to an overall saving of 44% for the residential element and 45% for the commercial. The carbon dioxide savings fall short of the zero-carbon target within Policy 5.2 of the London Plan for the residential element of the scheme. The applicant should make an appropriate contribution to the borough’s carbon offset fund through the S106 agreement. Transport

Public transport

33 The Development Infrastructure Funding Study (2014) developed by the Council, GLA and TfL identified the cumulative effect of numerous developments coming forward in the town centre and if these are not mitigated, it will result in an unacceptable impact on the transport network. All developments in the town centre will be expected to contribute S106 funding towards key bus and tram infrastructure, as required by planning policy. Therefore the applicant should make a contribution of £330,000 through the S106 agreement, reflecting the expected trip generation associated with this scheme.

Car parking

34 The development will be car free with the exception of 20 Blue Badge car parking spaces located in the basement allocated to the residential aspect of the development. Although this does not meet the London Plan requirement of one space for every accessible unit, given the town centre location, excellent PTAL and constraints of the site, TfL considers the provision of 20 spaces acceptable. Notwithstanding this, the applicant should investigate options for providing additional Blue Badge spaces in the surrounding area if required. An on street Blue Badge space will also be provided for the non-residential uses in line with the London Plan. Electric vehicle charging points, resident permit restriction and car club space and membership should be secured by condition or S106 agreement.

page 7 Cycle parking

35 Cycle parking has been provided in line with the London Plan standards for the residential aspect of the development. However, although areas are identified for the commercial long stay parking, the Transport Assessment states that it will be down to the occupier to provide. The applicant should provide cycle spaces for all land uses from the outset, in line with the London Plan requirements.

Travel planning, construction and delivery management

36 A travel plan, including all agreed measures therein should be secured, enforced, monitored and reviewed as part of the S106 agreement, with a delivery and servicing plan and construction logistics plan secured by condition. Local planning authority’s position

37 The Council are broadly supportive of the revised approach to massing and design. Officers are weighing up the heritage impact with the public benefits of the scheme. A viability consultant has been appointed and is due to report back shortly. Legal considerations

38 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 and any connected 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

39 There are no financial considerations at this stage. Conclusion

40 London Plan policies on Opportunity Areas, housing, urban design, heritage, inclusive design, climate change and transport are relevant to this application. The principle of the residential-led mixed- use redevelopment of this site in the Croydon Opportunity Area, is strongly supported. A number of outstanding concerns are raised with regard to land use principle, affordable housing, urban design, climate change and transport:

 Land use principle: supported, although the applicant should demonstrate through a noise assessment that the siting of the residential units would not adversely impact on the use of the Fairfield Halls music venue, in order to comply with London Plan Policy 4.6.

 Affordable housing: the proposed offer of 34% by habitable room is broadly supported, although should be verified following the outcome of the viability assessment. The applicant should also fully explore the inclusion of grant funding, in order to maximise affordable housing

page 8 delivery, in line with London Plan Policy 3.12 and the Mayor’s draft Affordable Housing and Viability SPG.

 Urban design: the scheme is generally well designed, but the applicant should improve the layout to the south of Block 3 by relocating the cycle storage access lift, in order to comply with London Plan Policies 7.1, 7.3 and 7.5.

 Climate change: the energy strategy does not fully accord with London Plan Policies 5.2, 5.6, 5.7 and 5.9. Further information regarding overheating, the on-site heat network and renewable energy is required. The final agreed energy strategy should be appropriately secured by the Council, along with S106 obligations for off-site mitigation.

 Transport: to ensure that the scheme accords with London Plan policies 6.3, 6.4, 6.9 and 6.13 the applicant should make a contribution towards enhanced public transport capacity and address concerns over cycle parking for the commercial uses. A delivery and servicing plan, construction logistics plan, travel plan, electric vehicle charging points and car club membership should be secured by condition/S106 agreement.

for further information, contact GLA Planning Unit (Development & Projects Team): Colin Wilson, Senior Manager – Development & Projects 020 7983 4783 email [email protected] Sarah Considine, Strategic Planning Manager (Development Decisions) 020 7983 5751 email [email protected] Nick Ray, Senior Strategic Planner, case officer 020 7983 4178 email [email protected]

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