Committee: Date: Classification: Report Agenda Item Development 29th March 2006 Unrestricted Number: Number: Committee 5.4 Report of: Title: Town Planning Application Director of Development and Renewal Location: Cabot Hall, Cabot Square, London, E14 Case Officer: Scott Hudson Ward: Millwall (February 2002 onwards) 1. SUMMARY 1.1 Registration Details Reference No: PA/05/02114 Date Received: 22/12/2005 Last Amended Date: 22/12/2005 1.2 Application Details Existing Use: Conference Facility/Retail Mall/Car Park. Proposal: The change of use of Cabot Hall and Cabot Place West retail mall, as follows: • Gross total floor space of no more than 12,587sq.m. • Change of use of existing 2,541sq.m. D1 space (public hall), and 2,563sq.m. car park to Class A1 (shops). • Additional 939sq.m. of new Class A1 (shops) floor space . • Reconfiguration of 6,544sq.m existing retail to Class A1 (shops) and Class A3/A4/A5 (café, restaurant, bar and take-aways). • Ancillary storage and mall circulation spaces. • Associated minor external works to western elevation. Applicant: DP9 Planning Consultants Ownership: Cabot Place Ltd. Historic Building: N/A Conservation Area: N/A 2. RECOMMENDATION: 2.1 That the Development Committee grant planning permission subject to: i) the conditions outlined below: (1) Time limit for commencement (three years). (2) Restriction within approved use classes (Class A3/A4/A5, up to a maximum 3,000sq.m). (3) Refuse and recycling facilities. (4) External Materials and Finishes to match existing. (5) No structures on roof. (6) Disabled Access (Retention). (7) Commercial parking retained for businesses/visitors. 2.2 ii) Reference to the Government Office for London under the Town and Country Planning (Shopping Development) No.2 Direction 1993. LOCAL GOVERNMENT ACT 2000 (Section 97) LIST OF BACKGROUND PAPERS USED IN THE DRAFTING OF THIS REPORT Brief Description of background Tick if copy supplied for Name and telephone no. of holder paper: register Application case file, plans, supporting √ technical reports, UDP, PPGs. Development Control: -020 7364 5338 3. BACKGROUND Site and Surrounds 3.1 The subject site is located at the western end of the existing retail mall at Cabot Place West, to the west of Canary Wharf DLR station. The existing uses on site are as follows: • Existing retail space floorspace (6,544 sq.m). • Car Parking (2,563 sq.m). • Conference/Meeting hall(2,541 sq.m). 3.2 Cabot Place forms part of the larger retail and commercial district of Canary Wharf. The site is surrounded by the North and South Colonnade and Cabot Square. Proposal: 3.3 The application relates to the change of use of the existing Cabot Hall conference and banqueting facility, the existing car park, reconfiguration of existing retail units in the Cabot Place West retail mall and the addition of retail space in the existing void over the function hall. At the first floor, it is proposed that the existing function hall would become a large retail unit and a restaurant unit linked to those proposed at second floor level. At ground level, the existing retail units would be reconfigured to form a number of larger units. The existing car park at concourse level would be changed to form a number of retail units focused around an east west thoroughfare. 3.4 In detail, the application proposes: • Gross total floor space of no more than 12,587sq.m. • Change of use of 2,541sq.m. D1 space (public hall), and 2,563sq.m. car park to Class A1. • Additional 939sq.m. of new Class A1 floor space. • Reconfiguration of 6,544sq.m existing retail mall floor space to Class A1 (retail) and Class A3/A4/A5 (up to a maximum 3,000sq.m). • Ancillary storage and mall circulation spaces. • Associated minor external works to western elevation. 3.5 The application relates to the second, first, ground, concourse and lower car park levels. The existing basement car park and service areas would remain. 3.6 The planning application is accompanied by a Retail Assessment prepared by DP9 and Transport Assessment prepared by Steer Davies Gleave. 4. PLANNING POLICY FRAMEWORK Comments of Chief Legal Officer 4.1 The relevant policy framework against which the Committee is required to consider planning applications includes the adopted London Plan 2004, the Council's Community Plan, the adopted Unitary Development Plan (UDP) 1998, the Draft UDP and Interim Planning Guidance Notes. 4.2 Decisions must be taken in accordance with sections 54A and 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004. Section 70(2) of the Town and Country Planning Act 1990 is particularly relevant, as it requires the Committee to have regard to the provisions of the Development Plan, so far as material to the application and any other material considerations. 4.3 Whilst the adopted UDP 1998 is the statutory development plan for the borough, it will be replaced by a more up to date set of plan documents which will make up the Local Development Framework (LDF). As the replacement plan documents progress towards adoption, they will gain increasing status as a material consideration in the determination of planning applications. 4.4 The report takes account not only of the policies in statutory UDP 1998 but also the emerging plan, which reflect more closely current Council and London-wide policy and guidance. 4.5 In accordance with Article 22 of the General Development Procedure Order 1995, Members are invited to agree the recommendations set out above which have been made on the basis of the analysis of the scheme set out in this report. This analysis has been undertaken on the balance of the policies set out below and any other material considerations set out in the report. 4.6 The following Unitary Development Plan proposals are applicable to this application: (1) Central Area Zones (2) Flood Protection Areas 4.7 The following Unitary Development Plan policies are applicable to this application: DEV1 Design Requirements CAZ1 Location of Central London Core Activities. CAZ3 Requirements for Mixed Use Schemes EMP8 Encouraging Small Business Growth T17 Planning Standards S1 Retail Development in District Centres S2 Change of Use in Core Areas SCF11 Meeting Places 4.8 The following Core Strategy and Development Control Development Plan Document proposals are applicable to this application: (1) Major Town Centre (2) Flood Protection (3) Isle of Dogs Area Action Plan 4.9 The following Core Strategy and Development Control Development Plan Document policies are applicable to this application: EE10 Commercial Densities RT1 Range of Quality Shopping RT3 Efficient Use of Land RT4 Retail Development and the Sequential Approach RT5 Town Centre Hierarchy RT8 Accessibility SCF1 Social and Community Facilities TR2 Parking TR3 Transport Assessments TR4 Travel Plans 4.10 The following Community Plan objectives are applicable to this application: (1) Living Well (2) Living Safely 4.11 The application is required to be referred to the Government Office for London under the Town and Country Planning (Shopping Development) No.2 Direction 1993. This requires that shopping development that reach a threshold to be referred to the Government to decide on the impacts the proposal would have on the surrounding retail areas. 5. CONSULTATION 5.1 The following were consulted regarding this application: (1) Highways Canary Wharf is a private estate therefore there are no public highways which are directly affected. The proposal will have an insignificant effect on the nearest public highways and there is capacity on public transport. (2) Transport for London - Street Management No response. (3) Docklands Light Railway No response. 5.2 Responses from neighbours were as follows: No. Responses: 1 In Favour: 0 Against: 1 Petition: 0 5.3 Coffee Republic, the occupier of a retail unit on the first floor, raised an objection due to: • Loss of car parking spaces and increased on street parking. • Impact to existing shop units. • Loss of external seating used by Coffee Republic and the blocking of an internal window. 6. ANALYSIS 6.1 The key issues associated with the application relate to the loss of a public hall (Class D1) at Cabot Hall, the suitability of the additional retail floor space and transport impacts. Land Use: 6.2 Cabot Hall is currently used as a multi-purpose venue, which comprises rooms of varying sizes and capacity, as follows: • Cabot Hall features a 450sq.m hall capable of occupying 400 persons. • Sebastian (96sq.m) • Cape Breton (32.1sq.m) • Newfoundland (18.9sq.m) • St Lawrence (76.8sq.m). 6.3 Cabot Hall was built in 1990 and was originally designed as retail space. However, as there was limited demand for retail space at the time, its use was changed. The applicant says that Cabot Hall lacks many modern facilities, including no backstage/wings area, there is insufficient reception/foyer space, limited storage, inadequate loading facilities and no translation facilities. Cabot Hall is now competing with more modern facilities in the area and the current hall facilities would require major investment to bring it up to modern specifications. 6.4 A replacement facility was opened in Canary Wharf in October 2003, known as The East Wintergarden, which overlooks Jubilee Park. This facility provides a total area for hire of approximately 682sq.m, with additional floor space at gallery level. As a result, Cabot Hall is now underused, hosting approximately only 12 community and 2 charity events last year. The local community by invitation uses Cabot Hall on occasions by the Canary Wharf Group. 6.5 Policies SCF9 (Community Buildings) and SCF11 (Meeting Places) of the adopted UDP 1998 support the retention of such facilities unless it can be demonstrated that the need no longer exists, the facilities are not fit to serve their purpose and the facility is no longer well related to the catchment area.