planning report PDU/2935/01 13 February 2013 The former tent site, Chelsea Harbour Drive in the London Borough of Hammersmith and Fulham planning application no. 2012/03395/FUL 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 Residential-led mixed use redevelopment to provide 89 dwellings and 995 sq.m. of ground floor retail/restaurant/cafe uses, within a building of between six and twelve-storeys. The applicant The applicant is Chelsea Harbour Ltd., and the architect is Powell Dobson Architects. Strategic issues The benefits associated with the proposed residential-led mixed use development of this site are likely to outweigh the risks associated with the proximity to the hazardous installation at the Fulham gasholder site, and the proposal is broadly supported in strategic planning terms. However, strategic issues with respect to housing, urban design, inclusive access, sustainable development and transport should be addressed to ensure accordance with the London Plan. Recommendation That Hammersmith and Fulham Council be advised that, whilst the application is generally acceptable in strategic planning terms, the application does not comply with the London Plan for the reasons set out in paragraph 76 of this report. However, the resolution of those issues could lead to the application becoming compliant with the London Plan. Context 1 On 8 January 2013 the Mayor of London received documents from Hammersmith and Fulham 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 18 February 2013 to provide the Council with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. The Mayor may also provide other comments. This report sets out information for the Mayor’s use in deciding what decision to make. 2 The application is referable under the following categories of the Schedule to the Order 2008: page 1 1B 1.(c) “Development… which comprises or includes the erection of a building or buildings… outside Central London and with a total floorspace of more than 15,000 square metres”; and, 1C 1.(c) ”Development which comprises or includes the erection of a building… more than 30 metres high and is outside the City of London”. 3 Once Hammersmith and Fulham 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) Regulations 2011 has been taken into account in the consideration of this case. 5 The Mayor of London’s statement on this case will be made available on the GLA website www.london.gov.uk. Site description 6 The site comprises 0.56 hectares of hard-standing, and is located at the north-western end of Chelsea Harbour. The plot is bounded to the west by the West London overland railway line, to the east by Chelsea Harbour Drive and Lots Road, to the south by Harbour Avenue and to the north by Chelsea Creek. Land uses at the rest of the Chelsea Harbour include a mix of retail showrooms, office, hotel and residential uses, and the setting is urban in character. 7 Fulham gasholder site lies to the west of the plot, on the opposite side of the railway line. The gasholder site is identified as a ‘control of major hazards’ installation, and the proposal site is subject to associated Health and Safety Executive development consultation zones and ‘Planning Advice for Developments near Hazardous Installations’ guidance. 8 There are a number of heritage assets in the area surrounding the application site. Those of particular relevance for this application include Number 2 Gasholder (Grade II*), Office at the Former Imperial Gas Works (Grade II), War Memorial (Grade II), Former Gas Works Laboratory (Grade II), Cremorne Bridge (Grade II*), and Sandford Manor House (Grade II*) (in the general vicinity of the site); and, Brompton Cemetery (Grade I) and Church of England Chapel (Grade II*), within the Brompton Cemetery Conservation Area. 9 Imperial Wharf rail station is approximately 150 metres south of the site, and the nearest London Underground station is Fulham Broadway (District Line) located approximately one kilometre to the north west. The closest bus stops to the site are located on Lots Road (served by route C3), and Kings Road (served by routes 11 and 22). The site records a public transport accessibility level of three, on a scale of one to six, where one is poor and six is excellent. Details of the proposal 10 The proposal is for a building of six, eight and twelve-storeys in height, to accommodate 89 residential apartments, and 995 sq.m. of ground floor retail/restaurant/cafe uses. The proposed development also includes 59 car parking spaces within a basement, and the formation of a new public plaza adjacent to Chelsea Creek. page 2 Case history 11 On 5 April 2012 a pre-planning application meeting was held at City Hall to discuss this scheme. The advice issued by GLA officers, on 19 April 2012, stated that the emerging scheme responded well to the challenges and opportunities presented by this site and its context. However, whilst support was given for the development in principle, the applicant was advised to respond to a number of strategic issues with respect to hazardous installations, mix of uses, housing, urban design, inclusive access, sustainable development and transport. Strategic planning issues and relevant policies and guidance 12 The relevant issues and corresponding policies are as follows: Hazardous installations London Plan; Mix of uses London Plan; Housing London Plan; Housing SPG; Housing Strategy; draft Revised Housing Strategy; Providing for Children and Young People’s Play and Informal Recreation SPG; Affordable housing London Plan; Housing SPG; Housing Strategy; draft Revised Housing Strategy Density London Plan; Housing SPG; Urban design London Plan; Tall buildings London Plan; Historic environment London Plan; Inclusive access London Plan; Accessible London: achieving an inclusive environment SPG; Planning and Access for Disabled People: a good practice guide (ODPM); Sustainable development London Plan; Sustainable Design and Construction SPG; Mayor’s Climate Change Adaptation Strategy; Mayor’s Climate Change Mitigation and Energy Strategy; Mayor’s Water Strategy; Ambient noise London Plan; the Mayor’s Ambient Noise Strategy; Air quality London Plan; the Mayor’s Air Quality Strategy; Transport and parking London Plan; the Mayor’s Transport Strategy; Crossrail London Plan; and, Mayoral Community Infrastructure Levy. 13 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 2011 Hammersmith and Fulham Core Strategy, the 2003 Hammersmith and Fulham Unitary Development Plan saved policies and the 2011 London Plan. 14 The following are also relevant material considerations: The National Planning Policy Framework and Technical Guide to the National Planning Policy Framework; Planning Advice for Developments near Hazardous Installations; and, The draft Revised Early Minor Alteration to the London Plan. page 3 Principle of development Hazardous installations 15 As discussed in paragraph seven, the site is subject to Health and Safety Executive (HSE) development consultation zones, associated with Fulham gasholder site which contains several operational gas holders and is identified as a hazardous installation. 16 London Plan Policy 5.22 states that the Mayor will work with all relevant partners to ensure that hazardous substances, installations and materials are managed in ways that limit risks to London’s people and environment. Part B of this policy sets out strategic considerations for assessing development near to hazardous installations, and identifies that site specific circumstances and proposed mitigation measures should be taken into account when applying the Health and Safety Executive’s planning advice, and that the risks should be balanced with the benefits of development and should take account of existing patterns of development. 17 The Mayor’s proposals for ‘Early Minor Alteration to the London Plan’ indicate his intention to provide supplementary planning guidance to assist with the implementation of this policy. At this point, however, the emerging guidance is still at an early stage, and has not been published for public consultation. 18 The Fulham gasholder site is split into two parts, north and south, and each part has a separate HSE consultation zone. The overlap of the published consultation zones at the proposal site result in the majority of the site falling within the outer consultation zone for the south gasholder installation, and the middle consultation zone for the north gasholder installation. The HSE ‘Planning Advice for Developments near Hazardous Installations’ guidance advises that, within the middle zone, developments that propose more than 40 dwellings per hectare should be classified as ‘sensitivity level three’, and would generate an HSE ‘advise against’ recommendation. Given that the density of this proposal is in the region of 180 dwellings per hectare, the scheme would trigger an automatic objection from the HSE. 19 Nevertheless, as part of pre-application discussions, officers noted that the Council was in negotiations with the operator of the Fulham gasholder site (Transco), to reduce the hazardous substance licence for the installation, so that it would more closely reflect the level of gas that is actually stored at the site. 20 Recent advice from the HSE has confirmed that the Executive recognises that the level of gas held at the site is considerably less than that covered by the hazardous substance licence.