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PDU Case Report XXXX/YY Date planning report D&P/2826a/02 29 May 2014 Land North of Westfield Shopping Centre, Ariel Way in the London Borough of Hammersmith &Fulham planning application no. 2013/05115/OUT Strategic planning application stage II referral Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008 The proposal Outline Planning Application (all matters reserved) for the demolition of existing buildings, the closure and alteration of highways, and comprehensive redevelopment of the site with a mixed use scheme with buildings ranging from 2 - 23 storeys (up to 88m tall) to provide up to 61,840sqm retail use; 8,170sqm restaurant and café use; 2,065sqm office use; 1,600sqm community/health/cultural use; 3,500sqm leisure use; and up to 1,347 residential units. The scheme will include a basement with an energy centre together, new pedestrian routes and open spaces, cycle parking, car and motorcycle parking and vehicular access and servicing facilities. The applicant The applicant is Westfield Shoppingtowns Limited, and the architect is Allies & Morrison. Strategic issues The issues raised by the Mayor relating to retail impact, affordable housing provision, residential quality, play space, density, urban design, climate change and transport have been satisfactorily resolved. The Council’s decision In this instance Hammersmith & Fulham Council has resolved to grant permission. Recommendation That Hammersmith & Fulham Council be advised that the Mayor is content for it to determine the case itself, subject to any action that the Secretary of State may take, and does not therefore wish to direct refusal or direct that he is to be the local planning authority. Context 1 On 5 December 2013 the Mayor of London received documents from Hammersmith & Fulham Council notifying him of a planning application of potential strategic importance to develop the above site for the above uses. This was referred to the Mayor under Categories 1A, 1B and 1C of the Schedule to the Order 2008: page 1 Category 1A. Development which comprises or includes the provision of more than 150 houses, flats, or houses and flats. Category 1B: Development 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 more than 30 metres high and outside the City of London 2 On 15 January 2014 the Mayor considered planning report PDU/2826a/01, and subsequently advised Hammersmith & Fulham Council that (the application was broadly acceptable but did not fully comply with the London Plan at that stage, with the reasons and remedies set out in paragraph 114 of that report. 3 A copy of the above-mentioned report is attached. The essentials of the case with regard to the proposal, the site, case history, strategic planning issues and relevant policies and guidance are as set out therein, unless otherwise stated in this report. Since then, the application has been revised in response to the Mayor’s concerns (see below). On 3 April 2014 Hammersmith & Fulham Council decided that it was minded to grant planning permission for the revised application, and on 20 May 2014 it advised the Mayor of this decision. Under the provisions of Article 5 of the Town & Country Planning (Mayor of London) Order 2008 the Mayor may allow the draft decision to proceed unchanged, direct Hammersmith & Fulham Council under Article 6 to refuse the application or issue a direction to Hammersmith & Fulham Council under Article 7 that he is to act as the Local Planning Authority for the purposes of determining the application and any connected application. The Mayor has until 2 June 2014 to notify the Council of his decision and to issue any direction. 4 The environmental information for the purposes of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 has been taken into account in the consideration of this case. 5 The decision on this case and the reasons will be made available on the GLA’s website www.london.gov.uk. Update Retail 6 At consultation stage further analysis of retail impact was requested, in particular considering impact of the proposal on the Knightsbridge and the West End International Centres. Clarification was also sought with regards to assumptions on rates of growth and densities, and officers also sought confirmation from the Council that it was satisfied that the appropriate sites were tested in the sequential tests. 7 The applicant was unable to provide separate analysis of impact of the proposal on Knightsbridge and West End as the data was not available, but was able to demonstrate the ongoing strong performance of Central London/West End during operation of the current Westfield centre, demonstrating that the existing centre was complementary to rather than competitive with the other international centres. 8 The applicant has extrapolated that given the demonstrated resilience of the existing centres, that the impact of the proposed extension on the West End and Knightsbridge would not be significant. The assessment shows that of the cumulative projected impact of all development on the West End of 10%, only 0.6% is attributed to Westfield. The applicant also noted that the proposed anchor tenant is present in both the West End and on the Kings Road in RB Kensington in Chelsea near Knightsbridge, and would not seek a location where it might negatively impact its page 2 existing locations. GLA officers determined that on balance, the anticipated impact is not a significant concern. 9 The applicant ran further sensitivity tests on growth to address GLA officer concerns on assumptions and variations in data inputs; this resulted in a small increase in impact (0.1%) on some centres, however this impact does not raise concern given its scale. 10 Officers are therefore satisfied that outstanding questions relating to the retail impact of the proposals have been addressed. Affordable Housing 11 At consultation stage, the applicant had proposed 10.9% affordable housing but had not submitted a viability appraisal to demonstrate that the scheme delivered the maximum reasonable amount of affordable housing. 12 The applicant has since submitted a viability appraisal which has been reviewed by consultants for the Council, who suggested that the scheme could support a higher proportion of affordable housing. The applicant has since increased the offer to 12% or 162 units, with three points at which viability would be further reviewed to deliver up to 88 additional units, which would represent 18.6% of the total development (250 units). 13 The Council continues to negotiate the details of the review mechanisms with regards to timing of the delivery of the affordable units and methodology of the review, however the quantum as proposed is welcomed and supported, as is the requirement for review of viability going forward. 14 The applicant has also confirmed that the residential mix reflects the Council’s requirements for affordable housing, in that 40% of the social rented and 21% of the intermediate (representing 32% of all affordable housing) units will be 3–bed units. Residential Quality 15 The Council has included a planning condition requiring conformity of reserved matters applications for the residential blocks with the space standards set out in the Housing SPG and Lifetime Homes standards, which is welcomed. 16 In terms of the weaknesses identified in flat layouts, aspect and long corridor access, the Council has noted that these details are currently indicative given the outline stage of the proposals, and will be given special consideration at detailed design stages to ensure the number of single aspect units and number of units per core are minimised. For example, the Council has confirmed that the parameter plans do allow sufficient space for the residential units to achieve superior ceiling heights to compensate for north-facing aspects. The Design Codes have been amended to reflect the aspiration for the higher floor-ceiling heights for single aspect units as well. Children’s Play Space 17 The provision of play space as illustrated in the submitted materials has been secured by condition. Furthermore concern was raised at consultation stage that residents in blocks K and B would not benefit from access to safe and well sized playspace. The applicant has since revised the design codes to specify that residents in blocks K and B will have access to the communal play space contained within block C. Density 18 At consultation stage the applicant was asked to consider the density in terms of ‘net’ residential density. The net residential density is calculated as 299 units per hectare, which remains page 3 within the density range for Central London with a PTAL rating of between 4 and 6. This is acceptable. Urban design 19 At consultation stage concern was raised over the degree of transparency and access across the ‘public room’ / atrium and degree to which the proposals enhanced east/west connectivity, visibility and legibility and confirmation that transparency would be preserved. The applicant was asked to provide further detailed design of the enclosure, bridges, and atrium walls/windows, and also details on how Block A meets the ground. The applicant declined to provide further design detail, and considered that they had provided enough information with their original submission and noting that design
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