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PDU Case Report XXXX/YY Date planning report PDU/2535/01 15 January 2010 325 Lordship Road in the London Borough of Hackney planning application no: 2009/2093 Strategic planning application combined state 1 and stage II referral (new powers) Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008 The proposal The scheme proposes a ten storey building to contain 22 residential flats The applicant The applicant is Mr N Daggers, and the architect is DGA Architects Strategic issues The land use principle to develop the site to provide 22 residential units is acceptable in strategic planning policy terms The proposed design is appropriate to its context, and the scheme is also acceptable in terms of its offer with respect to affordable housing, the measures proposed to incorporate inclusive design, climate change mitigation and adaptation. There are no strategic transport issues. Recommendation That Hackney 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 12 November 2009 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 had until 23 December to provide the Council with a statement setting out whether he considered that the application complies with the London Plan, and his reasons for taking that view. However, Hackney Council considered the application at its planning sub- committee of 2 December 2009, prior to the expiration of the GLA’s statutory consultation period. A subsequent referral was received by the GLA on 4 January 2010, advising that Hackney Council page 1 were minded to approve the application. The subsequent referral of 4 January 2010 is the one being considered, and this report therefore considers both stage I and stage II issues. 2 The application is referable under Category 1C of the Schedule to the Order 2008: “Development which comprises or includes the erection of a building of one or more of the following descriptions - (c) the building is more than 30 metres high and is outside the City of London.” 3 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 in this report. On 2 December 2009, Hackney Council decided that it was minded to grant planning permission for the application, and on 4 January 2010 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 Hackney Council under Article 6 to refuse the application or issue a direction to Hackney Council under Article 7 that he is to act as the Local Planning Authority for the purposes of determining the application. The Mayor has until to notify the Council of his decision and to issue any direction. 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 is located on the western side of Lordship Road adjacent to Stoke Newington West Reservoir, which forms the site’s north west boundary. The reservoir is designated as Metropolitan Open Land and a Site of Nature Conservation Importance. 6 The surrounding area is largely characterised by residential buildings of varying style and scale. Most notable is the adjoining 7 storey block of flats. The site is currently in use as a scaffolding yard. 7 The nearest Transport for London Road Network (TLRN) is the A503 Seven Sisters Road located 500m north of the site. Manor Park Underground station on the Piccadilly Line is within walking distance of the site. The site is within an accessible location with a public transport accessibility level of 4 which equates to a ‘good’ level of accessibility, where 1 represents the lowest accessibility level and 6b the highest. Figure 1 and 2: Photographs of site (Source: application documents) page 2 Details of the proposal 8 The proposal comprises erection of a part eight, part nine, part ten storey building to contain 22 residential flats, together with ten on-site parking spaces, landscaping and cycle parking. 9 The scheme would contain 4 one-bed, 15 two-bed, and 3 four-bed units, of which 50% (11 units) would be provided as social rented. Case history 10 There is no relevant strategic planning history relating to this site. Strategic planning issues and relevant policies and guidance 11 The relevant issues and corresponding policies are as follows: • Urban design London Plan; PPS1 • Tall buildings/views London Plan; View Management Framework SPG, draft Revised View Management Framework SPG • Housing London Plan; PPS3; Housing SPG; Providing for Children and Young People’s Play and Informal Recreation SPG; draft interim Housing SPG • Transport London Plan; the Mayor’s Transport Strategy; PPG13 • Parking London Plan; the Mayor’s Transport Strategy; PPG13 • Climate change London Plan; PPS1, PPS Planning and Climate Change Supplement to PPS1; PPS3; PPG13; PPS22; the Mayor’s Energy Strategy; Sustainable Design and Construction SPG • Inclusive Design and Access London Plan; PPS1; Accessible London: achieving an inclusive environment SPG; Planning and Access for Disabled People: a good practice guide (ODPM) • Ambient noise London Plan; the Mayor’s Ambient Noise Strategy; PPG24 • Sustainable development London Plan; PPS1, PPS Planning and Climate Change Supplement to PPS1; PPS3; PPG13; PPS22; the Mayor’s Energy Strategy; Sustainable Design and Construction SPG 12 For the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the development plan in force for the area is theHackney Unitary Development Plan (1995) and the London Plan (Consolidated with Alterations since 2004). The Hackney Core Strategy (submission stage) is a relevant material consideration that can be afforded substantial weight, as it is due for examination in public in early 2010. The draft replacement London Plan (2009) is also a material planning consideration. Housing Density 13 In terms of density, table 3A.2 of the London Plan and table 3.2 of the draft replacement London Plan provide guidelines on density in support of the aforementioned policies. The area is within inner London, is characterised by a mix of different uses, medium building footprints and typically low to medium height buildings and has a good public transport page 3 accessibility level. The density is approximately 800 habitable rooms per hectare, which sits comfortably within the range for central areas (650-1100 hr/ha) but is slightly higher than the range for urban areas (200-700 hr/ha). Given the area’s inner London status, with a range of building sizes, including the adjoining seven storey blocks, the density is appropriate for this site. Affordable housing 14 London Plan Policy 3A.10 requires borough councils to seek the maximum reasonable amount of affordable housing when negotiating on individual private residential and mix-use schemes. In doing so, each council should have regard to its own overall target for the amount of affordable housing provision. Policy 3A.9 states that such targets should be based on an assessment of regional and local housing need and a realistic assessment of supply, and should take account of the London Plan strategic target that 70% of housing should be social and 30% intermediate provision, and of the promotion of mixed and balanced communities. 60% social housing and 40% intermediate housing. In addition, Policy 3A.10 encourages councils to have regard to the need to encourage rather than restrain residential development, and to the individual circumstances of the site. Targets should be applied flexibly, taking account of individual site costs, the availability of public subsidy and other scheme requirements. These policies are reinforced under policies 3.12, 3.13 and 3.14 of the draft replacement London Plan, however there is now a shift towards achieving a 60:40 split in relation to tenure. Both documents state that affordable housing provision on smaller developments such as this are also important in achieving boroughs affordable housing targets. 15 Policy 3A.10 of the London Plan is supported by paragraph 3.52, which urges borough councils to take account of economic viability when estimating the appropriate amount of affordable provision. The ‘Three Dragons’ development control toolkit is recommended for this purpose. The results of a toolkit appraisal might need to be independently verified. Policy 3.13 of the draft replacement London Plan reiterates this procedure. Both policies suggest that there are exceptional circumstances where off-site provision or cash in lieu contribution may be appropriate. 16 Hackney Council seeks the maximum reasonable amount of affordable housing on applications for ten or more units having regard to its 50% borough target, as set out in its Affordable Housing SPD. The scheme proposes that eleven of the flats be secured as affordable accommodation, which would accord with this policy. In regard to the tenure mix, whilst the scheme does propose that 100% of the affordable units comprise social rented units, given that this is a small scale development in one building that includes private units, it would create an acceptable housing mix. Hackney Council proposes that the affordable housing be secured by s106 agreement and as such, the proposal accords with London Plan policy 3A.10 and draft replacement London Plan policy 3.13.
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