planning report GLA/4172, 4172a & 4172b/02 4 May 2020 Former Stag Brewery, Mortlake in the London Borough of Richmond-upon-Thames planning application nos. (A):18/0547/FUL, (B):18/0548/FUL and (C):18/0549/FUL 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 Application A: Detailed and outline application for comprehensive mixed use development of site to provide up to 663 residential units, 150 flexible assisted living/residential units, nursing home with 80 bedrooms, and up to 4,664sq.m. of office, retail, cinema, hotel and community floorspace in buildings ranging from 3 to 8 storeys; Application B: Detailed application for new 6-form entry secondary school with sixth form and redevelopment of playing fields; Application C: Detailed application for highways and landscaping works at Chalker’s Corner The applicant The applicant is Reselton Properties Ltd and the architect is Squire & Partners. Key dates: Stage 1 considered: 30 July 2018; Planning Committee: 29 January 2020 Strategic issues Richmond Council has resolved to grant planning permission for Applications A and B and refuse permission for Application C. The Mayor needs to consider whether he should issue a Direction pursuant to Article 7 of the Mayor of London Order 2008 (“the Order”) that he should be the local planning authority and determine the applications, whether he wishes to refuse permission for Applications B and C under Article 6 of the Order, or whether he wishes Richmond Council’s decisions to proceed unchanged. The applications would provide a significant quantum of new housing and new secondary school and sixth form places; these will assist in meeting an identified need. Furthermore, the applications would provide public open space, employment and community uses. The quantum of affordable housing secured is low and warrants further consideration, as do the highways impacts and potential mitigation. The applications for the school and highways works form part of the wider scheme and all applications must be considered together. Having regard to the details of the application and other relevant matters, it is considered that the development is of a nature and scale that it would have a significant impact on the implementation of the London Plan policies on housing and affordable housing supply, and education, and it is considered that there are sound planning reasons for the Mayor to issue a direction under Article 7 of the Order 2008. The Council’s decision In this instance Richmond Council has resolved to grant planning permission for Applications A and B and refuse permission for Application C. Recommendation That a direction is made under Article 7 of the 2008 Order that Richmond Council be advised that the Mayor will act as the local planning authority for the purposes of determining the applications. Context 1 On 9 April 2018, the Mayor of London received documents from Richmond Council notifying him of three linked planning applications of potential strategic importance to develop the above site for the above uses. Application A is referable under Categories 1A, 1B, 1C of the Schedule to the Order 2008. Application B is referable under Categories 1B and 3C of the Schedule to the Order 2008: • 1A – “Development which comprises or includes the provision of more than 150 houses, flats, or houses and flats.” • 1B – “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 outside Central London and with a floorspace of more than 15,000 square metres.” • 1C – “Development which comprises or includes the erection of a building more than 30 metres high outside the City of London.” • 3C - “Development which is likely to prejudice the use as a playing field of more than 2 hectares of land which—( a) is used as a playing field at the time the relevant application for planning permission is made; or (b) has at any time in the five years before the making of the application been used as a playing field.” 2 Application C was referred by the Council, it being considered to form part of the more substantial development and is therefore referable by virtue of paragraph 2 of the Schedule. 3 On 30 July 2018, the Mayor considered a joint planning report covering all three applications, ref: GLA/4172, 4172a & 4172b/01, and subsequently advised Richmond Council that the applications did not comply with the London Plan, but that the possible remedies set out in paragraph 99 of that report could address these deficiencies. 4 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. On 29 January 2020, Richmond Council (hereafter, the Council) resolved to grant planning permission for Application A and Application B in accordance with officers’ recommendation, but resolved to refuse planning permission for Application C against officers’ recommendation. On 22 April 2020, the Council 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 decisions to proceed unchanged, direct refusal of Applications A and B under Article 6, or issue a direction, under Section 2A of the Town and Country Planning Act 1990 in accordance with Article 7 of the 2008 Order, that he is to act as the local planning authority for the purpose of determining the applications. The Mayor has until 5 May 2020 to notify the Council of his decision(s) and to issue any direction(s). 5 The environmental information for the purposes of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 has been taken into account in the consideration of this case. page 2 6 The Mayor’s decision(s) on this case, and the reasons, will be made available on the GLA’s website www.london.gov.uk. Strategic planning policy and guidance update 7 Since the consultation response was issued, the Mayor published his Intend to Publish London Plan in December 2019. This must be taken into account on the basis described in the NPPF. 8 On 13 March 2020, the Secretary of State issued a set of Directions under Section 337 of the Greater London Authority Act 1999 (as amended) and, to the extent that they are relevant to this particular application, have been taken into account by the Mayor as a material consideration when considering this report and the officer’s recommendation. 9 Richmond Council adopted its new Local Plan on 3 July 2018 and 3 March 2020 in relation to two legal challenges. The Council’s decisions 10 As noted above, three linked planning applications were submitted which together seek the comprehensive mixed-use redevelopment of the site. The Council resolved to approve Applications A and B, and to refuse Application C, as follows: 11 Application A (LPA ref:18/0547/FUL/GLA ref: 4172) is a hybrid application comprising detailed and outline elements. This application proposes to demolish the existing buildings and redevelop the site with buildings of 3 to 8 storeys, comprising up to 663 residential units, 150 assisted living units, a nursing/care home with up to 80 bedrooms, up to 4,664 sq.m. of commercial, employment, leisure and community uses, and the provision of new public open space. The detailed component of the application is to the east of Ship Lane and seeks permission for buildings comprising 443 residential units and flexible commercial space. The application proposes a minimum of 12% and a maximum of 17% affordable housing by habitable room. 12 The Council has resolved to approve this application, subject to the completion of a S106 legal agreement. 13 Application B (LPA ref: 18/0548/GLA ref: 4172a) is a “drop-in” application proposing a new secondary school and sports facilities on land at the west of the application site. 14 The Council has resolved to approve this application subject to the completion of a S106 legal agreement. 15 Application C (LPA ref: 18/0549/GLA ref: 4172b) proposes highways works to Chalker’s Corner, to the west of the main application site, to increase the capacity of this road junction and facilitate the delivery of the proposed development. 16 The Council resolved to refuse this application. The Council’s draft committee minutes set out the following reasons for refusal: a) Trees: The development, by reason of the proposed siting of the highway works; the subsequent loss of highly prominent trees of townscape and page 3 amenity value, and the inadequacy of the proposed planting and CAVAT contribution that are not deemed to sufficiently mitigate the harm caused by the loss of the existing trees, would represent an unacceptable form of development, that would harm the visual amenities of the streetscene, surrounding residential properties and area in general, contrary to policy, in particular policies LP 1, LP 8 and LP 16 of the Local Plan; policy 7.21 of the London Plan and the National Planning Policy Framework. b) Other Open Land of Townscape Importance and Unneighbourly: The development, by reason of the encroachment of the public highway and footway towards and within Chertsey Court and the consequential loss of Other Open Land of Townscape Importance, which is of value by reason of its presence, green nature and openness, would represent an unacceptable and unneighbourly form of development that would harm the green openness and character of both the grounds within Chertsey Court and the kerb side adjacent, to the detriment of the visual amenities of surrounding residents, streetscene and area in general.