planning report PDU/1659 and 1659b 22 February 2012 Number One Oxford Street, Site A & B (over station development) in the City of Westminster planning application no. 11/10043/FULL and 11/10045/FULL Strategic planning application stage 1 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 Redevelopment of two sites comprising demolition of existing buildings and construction of over site development containing two buildings of up to nine storeys to contain retail, theatre and office floor space, with associated public realm, landscaping, servicing and access arrangements. The applicant The applicant is Derwent Valley Central Ltd and Crossrail Ltd, and the architect is Allford Hall Monaghan Morris Architects. Strategic issues The proposed mix of uses including office floor space and the provision of off-site residential development is supported in the context of the linked applications. The design principles of the scheme are acceptable and consideration has been given to ensure the buildings are fully accessible. The application broadly complies with London Plan climate change policies but further information is required to verify carbon savings. The application is acceptable in transport terms subject to further information and a Crossrail contribution being secured. Recommendation That Westminster City Council be advised that the application does not comply with the London Plan, for the reasons set out in paragraph 75 of this report; but that the possible remedies set out in paragraph 77 of this report could address these deficiencies. Context 1 On 12 January 2012 the Mayor of London received documents from Westminster City 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 22 February to provide the Council with a statement setting out whether he considers that the application complies with the London Plan, and his page 1 2 The application for Site A is referable under Category 1B of the Schedule to the Order 2008 (with Site B being a linked application): “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— (b)in Central London (other than the City of London) and with a total floorspace of more than 20,000 square metres” 3 Once Westminster City 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) (England and Wales) Regulations 1999 has been taken into account in the consideration of this case. 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 application sites are located at the junction of Oxford Street, Tottenham Court Road, Charing Cross Road and New Oxford Street. The proposal comprises two sites: site A is bounded to the north by Oxford Street, to the east by Charing Cross Road, to the south by Sutton Row and to the west by Falconberg Mews and development on Oxford Street. Site B sits to the south of Site A and is bounded to the north by Sutton Row, to the east by Charing Cross Road, to the south by Goslett Yard and to the west by the rear of St Patrick’s Church and development which fronts Soho Square. 6 Prior to demolition, the sites contained a mix of business uses, including retail, offices along with the Astoria, a live music venue and nightclub. 7 Oxford Street and Charing Cross Road both form part of the Strategic Road Network (SRN), with the nearest part of the Transport for London Road Network (TLRN) being the A501 Euston Road, 1km to the north of the site. Figure 1: site location plan for Blocks A and B (this application) and C and D (linked application) (source: submitted Design and Access Statement) page 2 Details of the proposal 8 Planning permission and conservation area consent are being sought at two sites. On site A, a nine storey building to contain approximately 3,900 sq.m. of retail floor space, with 24,225 sq.m. offices above is proposed. On site B, a nine storey building to contain a theatre (3,800 sq.m.) and 4,185 sq.m. of offices above is proposed. 9 The application has arisen following the need to demolish the existing buildings on the site to facilitate Crossrail works. Under the Crossrail Bill, planning permission is required for development taking place over works sites or stations (referred to as Over Site Development). This proposal is being brought forward by Derwent London in a collaborative agreement with Crossrail Ltd. The site triggers a policy requirement for housing, which is proposed to be provided on the Tottenham Court Road Western Ticket Hall OSD site (ref PDU/2723 – also on the agenda) being brought forward by Crossrail Ltd. Both applications are being brought forward together and will be appropriately linked through subsequent legal agreements. Case history 10 Pre-application discussions regarding the proposals for this and the Tottenham Court Road Western Ticket Hall OSD have taken place with GLA officers dating back to 2007. To date, it has been advised that the principle of the development is acceptable and in line with strategic planning policy however, further discussions were requested regarding the off-site housing strategy, including the delivery of affordable housing, design, specifically the proposed design of the building on site A, inclusive design, climate change and transport. Strategic planning issues and relevant policies and guidance 11 The relevant issues and corresponding policies are as follows: Land use principles London Plan Retail/town centre uses London Plan; PPG13, PPS4 Housing London Plan; PPS3; Housing SPG; Providing for Children and Young People’s Play and Informal Recreation SPG, Housing Strategy; draft Revised Housing Strategy; Interim Housing SPG; draft Housing SPG; Affordable Rent draft SPG; draft Early Minor Alteration to the London Plan Urban design London Plan; PPS1 Inclusive design - access London Plan; PPS1; Accessible London: achieving an inclusive environment SPG; Planning and Access for Disabled People: a good practice guide (ODPM) Sustainable development London Plan; PPS1, PPS1 supplement; PPS3; PPG13; PPS22; draft PPS Planning for a Low Carbon Future in a Changing Climate; Mayor’s Climate Change Mitigation Strategy; Mayor’s Climate Change Mitigation and Energy Strategy; Mayor’s Water Strategy; Sustainable Design and Construction SPG Transport - parking London Plan; the Mayor’s Transport Strategy; PPG13; draft Early Minor Alteration to the London Crossrail London Plan; draft Mayoral Community Infrastructure Levy; Crossrail 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 the 2007 Westminster Unitary Development Plan, the 2011 Westminster Core Strategy (adopted 26 January 2011) and the London Plan 2011. page 3 Principle of development 13 The application sites fall within the Central Activities Zone (CAZ), as identified in the London Plan. London Plan Policy 4.2 A c) and d) Offices states that boroughs should “encourage the renewal and modernisation of the existing office stock in viable locations to improve its quality and flexibility ”and “seek increases in current stock where there is authoritative, strategic and local evidence of sustained demand for office based activities“. Policy 2.10 Central Activities Zone – strategic priorities also seeks to, “in appropriate parts of the CAZ… ensure that development of office provision is not strategically constrained and that provision is made for a range of occupiers especially the strategically important financial and business services”. 14 The schemes propose the following floor space: 15 The proposal includes an uplift of approximately 14,000 sq.m. in office floorspace. The increase in office floorspace in this CAZ location is supported and in accordance with strategic planning policies. 16 In addition to London Plan policy requirements in relation to office floorspace, London Plan policy 2.11 promotes mixed-use development, and states that “Within the Central Activities Zone… wherever increases in office floorspace are proposed they should provide for a mix of uses, including housing”. 17 The applicant has argued that due to the constraints placed on site A by Crossrail and London Underground operational requirements, it is not possible to provide on-site housing on that site. Given the Council's requirements for a theatre on site B, and the potential amenity conflict between an entertainment use and residential accommodation, the applicant has also argued that it is not possible to provide the required housing element on site B. 18 Consequently, the applicant has developed land use strategy with another Crossrail works site – the Tottenham Court Road Crossrail station’s western ticket hall on Oxford Street, that it is page 4 19 Whilst the principle of the land use strategy ensures the delivery of strategic planning objectives across the four sites, in order to be acceptable the approach would need to be adequately secured through any future legal agreement for all sites. Both applications have been submitted together, which allows both the Mayor and the Council to consider both schemes simultaneously. Further discussions regarding the legal agreement will be required with the applicants for both sites, and the Council, before the application is reported back at Stage 2. Theatre use 20 Prior to demolition, the Astoria music venue was located on the site.