Item No. 1 CITY OF WESTMINSTER PLANNING Date Classification APPLICATIONS For General Release COMMITTEE 12 April 2016 Report of Ward(s) involved Director of Planning Little Venice Subject of Report Development Site at 285-329 Edgware Road, London, W2 1DH, Proposal Redevelopment to provide buildings of between ground plus six storeys and ground plus 29 storeys including commercial space (Class A1, A3 and B1), up to 652 residential units (including 126 affordable housing units), landscaping and associated car and cycle parking. This application is accompanied by an Environmental Impact Assessment (EIA). Agent Turley On behalf of Berkeley Homes (Central London) Ltd. Registered Number 15/11677/FULL Date amended/ completed 1 March 2016 Date Application 15 December 2015 Received Historic Building Grade Unlisted (Listed buildings on adjacent sites at 17-18 Paddington Green, the Children’s Hospital and St. Mary’s Church) Conservation Area Paddington Green (part of site only) 1. RECOMMENDATION For the Committee's consideration: 1. Does the Committee consider that the public benefits of the proposed development outweigh less than substantial harm to heritage assets resulting from the height and bulk of parts of the development? 2. Subject to 1 above and the concurrence of the Mayor of London, grant conditional permission, subject to a S106 agreement to secure: a) Provision of 126 affordable units on-site comprising 49 intermediate units and 77 social rented units. The affordable units to be provided at the affordability levels set out in the Head of Affordable and Private Sector Housing memorandum dated 14 March 2016; b) Provision of a financial contribution of £631,000 (index linked) toward the provision of school places directly related to the occupancy of this development; c) Provision of a financial contribution of £850,000 (index linked) toward provision of social and community facilities; d) Provision of a financial contribution of £100,000 (index linked) toward improvements to Paddington Green; Item No. 1 e) Provision of a financial contribution of £13,630 (index linked) toward open space provision/enhancement in the vicinity; f) Provision of a financial contribution of £18,000 (index linked) toward bus stop improvements around the application site; g) Provision of a financial contribution of £200,000 (index linked) towards an additional cycle hire docking station or enlargement of an existing docking station within the vicinity of the site; h) Payment of the cost of highway works associated with the development on Newcastle Place, Paddington Green and Church Street and Edgware Road; i) Provision of a financial contribution of £200,000 (index linked) toward possible road widening to be undertaken by TfL on Edgware Road; j) Provision of lifetime car club membership (25 years) for each residential unit in the development; k) Provision of on-site parking on an unallocated basis (i.e. not sold or let with a particular flat); l) Compliance with the Council's Code of Construction Practice and a contribution of £20,000 per annum during the period of construction towards the Environmental Inspectorate and Environmental Sciences to allow for monitoring during construction; m) Provision of a financial contribution of £1,100,000 (index linked) toward public art associated with the development site and its maintenance; n) Developer undertaking to use best endeavours to negotiate a connection and supply agreement with the Church Street District Heating Scheme (CSDHS). In the event that the CSDHS does not go ahead, installation of CHP plant on-site; o) Offering local employment opportunities during construction; and p) Payment of cost of monitoring the agreement (£15,000). 3. If the S106 legal agreement has not been completed by 1 May 2016 then: a) The Director of Planning shall consider whether it would be possible and appropriate to issue the permission with additional conditions attached to secure the benefits listed above. If so, the Director of Planning is authorised to determine and issue the decision under Delegated Powers; however, if not; b) The Director of Planning shall consider whether the permission should be refused on the grounds that the proposals are unacceptable in the absence of the benefits which would have been secured; if so, the Director of Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers. 2. SUMMARY The application site is located on the south west side of Edgware Road, north west of the main junction at Harrow Road and Marylebone Road. There is an extant permission for redevelopment of the site which includes a 22 storey tower. The applicant proposes the erection of seven mansion blocks, up to seven storey’s high, and a residential tower of 30 storey’s to accommodate 652 residential units (including 126 affordable units) and commercial units within Use Classes A1, A2, A3 and B1. Two basement levels parking levels are located beneath the entire site are also proposed. The key issues include: • Provision of a strategically significant level of residential accommodation, as well as retail, restaurant and office floorspace; Item No. 1 • Provision of on-site affordable housing and viability; • Provision of high buildings and harm to designated heritage assets, including adjacent listed buildings and the Paddington Green Conservation Area; • Impact on important London views; • Impact on the amenity of local residents, including from loss of daylight, sunlight and overshadowing; and • Impact on parking and highways. This application has received a significant number of objections, including from Karen Buck MP, Councillors Acton, Adams, Arzymanow, Caplan, Cox, Scarborough and the Labour Group. Historic England has also objected to the development. Whilst many welcome development of this long vacant site, objectors are primarily concerned with the height, bulk and design of the proposed buildings, particularly Block A and harm to conservation areas, listed buildings and views. Many also consider affordable housing provision too low. Many objectors also note that a proposal for a 26 storey tower on this site was dismissed at appeal in 2005 and consider that this development should be resisted. Objectors also consider that current development plan policy, particularly policy S3 of the City Plan and policy DES 3 of the UDP prohibit tall buildings on this site. Officers consider that Blocks A (the tower), E/F and H would cause less than substantial harm to the character, appearance and/or setting of 17-18 Paddington Green (Grade 2 listed), the adjacent Children’s Hospital building (Grade 2 listed) and the Paddington Green and Maida Vale Conservation Areas. However, there are a number of public benefits arising from the development, many of which did not exist when the 2005 appeal was considered. These include: • Facilitating and unlocking the Church Street Regeneration and Edgware Road Housing Zone through provision of decant space through the proposed affordable units; • Provision of a strategically significant level of market housing on-site; • Provision of a substantial level of on-site affordable housing (the maximum that the applicant can viably provide); • Revitalisation and re-activation of this part of the Edgware Road/Church Street district shopping centre; • Delivery of a long stalled site of strategic importance which is a blight on the setting of neighbouring conservation areas, listed buildings and this major thoroughfare into Central London; and • Significant public realm improvements around and throughout the site. In light of the above, Members are asked to consider whether the public benefits of the development outweigh the less than substantial harm identified and form material considerations that warrant approving the development despite conflict with development plan policy. In making this consideration, Members must have special regard to the statutory requirement to give great weight to the desirability of preserving or enhancing heritage assets. Members must also consider the legislative requirement for applications to be determined in accordance with the development plan unless material considerations indicate otherwise. Item No. 1 3. LOCATION PLAN .. Item No. 1 4. PHOTOGRAPHS Site Overview from North View of application site from northern corner of Church Street/Edgware Road junction. Item No. 1 View eastward across site View of application site from Paddington Green Item No. 1 5. CONSULTATIONS RESPONSES RECEIVED TO FIRST ROUND OF CONSULTATION THAT EXPIRED ON 16 FEBRUARY 2016. KAREN BUCK MP Object. Pleased that the West End Green site is finally due for development after decades stood empty. London needs more homes and the capacity to continue to grow its (sustainable) economy and it is entirely possible to increase density without having a detrimental impact upon the wider community. However, the following concerns are noted: 1) Westminster Council's tall buildings policy proposes one additional tower in Paddington, at 1 Merchant Square. The policy is due for revision, yet both this scheme and the proposed 72-storey tower at 31 London Street face being rushed from outline to planning permission over the course of just a few weeks, and in the absence of a revised policy. Towers can be aesthetically attractive and are, indeed, a key component of world cities, but there should be proper public consultation on both the policy and these individual major schemes given the level of public concern. This is perhaps especially the case given