ADDRESS: 20-24 Popes Road, London, SW9 Application Number: 20/01347/FUL Case Officer: Michael Cassidy Ward: Coldharbour Date Received: 16/04/2020 Proposal: Demolition of existing building and erection of part 4, part 9 and part 20-storey building with flexible A1 (shops)/ A3 (restaurants and cafes) / B1 (business) / D1 (non-residential institutions) / D2 (assembly and leisure) uses at basement, ground floor and first floor levels, with restaurant (Class A3) use at eighth floor level and business accommodation (Class B1) at second to nineteenth floor levels, with plant enclosures at roof level and associated cycle parking, servicing and enabling works. This application is a DEPARTURE APPLICATION: The proposed development is a departure from Policy Q26, part (ii) and site allocation ''Site 16 - Brixton Central (between the viaducts) SW9'' of the Lambeth Local Plan (2015). Applicant: AG Hondo Pope’s Road BV Agent: DP9 Drawing Numbers: Refer to draft decision notice attached in Appendix 1 Supporting Documents: Refer to draft decision notice attached in Appendix 1 RECOMMENDATION: 1. Resolve to grant conditional planning permission subject to the completion of an agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) containing the planning obligations listed in this report and any direction as may be received following further referral to the Mayor of London. 2. Agree to delegate authority to the Director of Planning, Transport and Sustainability to: a. Finalise the recommended conditions as set out in this report, addendums and/or PAC minutes; and b. Negotiate, agree and finalise the planning obligations as set out in this report, addendums and/or PAC minutes pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended). 3. In the event that the committee resolves to refuse planning permission and there is a subsequent appeal, delegated authority is given to the Director of Planning, Transport and Sustainability, having regard to the heads of terms set out in this report, addendums and/or PAC minutes, to negotiate and complete a document containing obligations pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended) in order to meet the requirement of the Planning Inspector. 4. In the event that the Section 106 Agreement is not completed within 6 months of committee, delegated authority is given to the Director of Planning, Transport and Sustainability to refuse planning permission for failure to enter into a section 106 agreement for the mitigating contributions identified in this report, addendums and/or the PAC minutes. SITE DESIGNATIONS Designation: Description: Policy Site Allocation 16 - Brixton Central (between the viaducts) SW9 Brixton Major Centre Primary Shopping Area Strategic Area for Regeneration Listed Building No Conservation Area (CA) No (sits on the boundary of the Brixton and Loughborough Park Conservation Areas to the east, south and west) Protected views/vistas No Local Views Yes – London View 19 - Brockwell Park to the city (Brixton panoramic) Archaeological Priority Area No Creative Enterprise Zone Yes Air Quality Management Area Yes LAND USE DETAILS Site area (ha): 0.25 Hectares NON-RESIDENTIAL DETAILS Use Class Use Description Floorspace (m2) (Gross Internal Area) Existing A1 Retail 2,136sqm Proposed A1/A3 Retail/Restaurant 3,212sqm D1/D2 Non-residential 221sqm institutions/Assembly & Leisure B1a Office/Workspace 25,435sqm PARKING DETAILS Car Parking Spaces Car Parking Spaces % of Bike Motor- (General) (Disabled) EVCP Spaces cycle Spaces Resi Commercial Visitor Resi Commercial Visitor Existing 0 0 0 0 0 0 0 0 0 Proposed 0 0 0 0 0 0 100% 352 0 LEGAL SERVICES CLEARANCE AUDIT TRAIL Consultation Name/Position Lambeth Date Sent Date Report Comments in department Received Cleared para: Rachel Lee Legal Services 7/8/20 07/08/2020 12/08/2020 Various Senior Associate, Sharpe Pritchard EXECUTIVE SUMMARY The proposed development will bring forward the regeneration of the site and is aligned with the desire for growth within Brixton Town centre. Comprising a mix of retail, restaurant, community and office floorspace, the proposal is considered appropriate in principle and would assist in facilitating the aims of the site allocation. The proposal would also provide a substantial uplift in jobs (approximately 1,600 in total) with a wide-range of flexible employment spaces creating diverse employment opportunities for established business, small to medium sized enterprises and start-ups and a policy compliant affordable workspace provision (10% affordable workspace amounting to 2,544sqm of B1a floorspace is proposed). It further delivers a new public square, including facilitating the future creation of new pedestrian routes to improve connectivity within the immediate area; provides dedicated community floorspace within the development, including the provision of new and expanded public toilets; and provides investment in local public transport infrastructure, including contributions towards improving Brixton Rail Station, providing additional bus services in the area, improving cycle parking in the town centre; and improvements to signage and walking/cycling routes along Atlantic Road & Brixton Station Road. The application has been advertised as a departure from policy on the basis that it is not in accordance with the Policy Q26, part (ii) ‘there is no adverse impact on the significance of strategic or local views or heritage assets including their settings’; and site allocation ''Site 16 - Brixton Central (between the viaducts) SW9'' - Design principles and key development consideration (x) ‘proposes low buildings to protect the amenity of new residential development on Coldharbour Lane adjoining the site’ of the Lambeth Local Plan. The height and massing of the development has been assessed in relation to its impact from a wide range of viewpoints and has been found to be satisfactory. An assessment of the current application’s impact on nearby heritage assets surrounding the site has identified less than substantial harm would result. This view is supported by both the GLA and Historic England who have also come to the same conclusion. Notwithstanding that the proposal represents a departure from Policy Q26 and Site Allocation 16 of the Local Plan, the application scheme is considered not to conflict with policy in all other regards and as such, as a policy compliant scheme it would deliver social, economic, environmental and sustainable benefits to the community. However, as the proposal represents a departure from adopted local plan policy and has been identified as causing ‘less than substantial’ harm it is important to identify the public benefits that would outweigh these in line with paragraph 196 of the NPPF. These benefits are considered to be: New and Diverse Employment Opportunities – the creation of a new office floorspace ecosystem providing flexible office and workspace accommodation, including medium, small and micro workspaces well suited to small creative and cultural businesses and start-ups; Jobs – the creation of approximately 1,600 on-site jobs across a range of sectors and additional jobs during construction and from associated resident and occupier expenditures; local employment and training initiatives; and the provision of 10% affordable workspace (2,544sqm) within the development; Community – the provision of dedicated community floorspace within the development and the use of the publicly accessible central space within the market by the community to host events. Transport – investment in local public transport infrastructure, including contributions towards improving Brixton Rail Station; providing additional bus services in the area; improving cycle parking in the town centre; improvements to signage and walking/cycling routes along Atlantic Road & Brixton Station Road; and a commitment to 50% freight consolidation to reduce servicing trips to and from the site; Public Realm – the delivery of a new public square on Pope’s Road to support a range of uses and to create a multi-functional, inclusive, useable public space; and Public facilities – the provision of new and expanded public toilets within the development to replace the existing dated block in Popes Road. The identified social, economic, environmental and sustainability value that the scheme would bring, with the addition of the benefits identified above, it is considered that the public benefits of the application scheme outweigh the departure from policy and ‘less than substantial’ harm identified. The height of the development in this highly publically accessible transport location is considered to be acceptable. The proposed building on the site has been sensitively designed, taking its cue from the surrounding buildings, streets and spaces which provide the historic context of the site. The scheme would respect the character, context and the form and scale of neighbouring buildings and would sit comfortably within the streetscene and surrounding area. The appearance and detailed façade treatment of the development is considered to be high quality, displaying an appropriate response to the surrounding character and the proposal would result in ‘less than substantial harm’ to the setting of nearby listed buildings, conservation areas and protected views. Given the distance and orientation to the nearest residential properties, and the inclusion of appropriate mitigation measures, the proposal would not result in any significant material impact in