planning report D&P/3209/02 3 December 2013 1-9 Lillie Road plus an additional strip of undeveloped land to the east and south-east in the London Borough of Hammersmith & Fulham planning application no. 2013/02620/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 Demolition of all existing buildings and redevelopment of the site to provide 65 residential units (C3) and 864 sq.m. of A1/A3/D1/D2 floor space within two new buildings ranging in height from six to twelve storeys; together with plant, parking at basement level, servicing, new access arrangements and new publicly accessible public realm and open space. The applicant The applicant is Lillie Square GP Ltd, the agent is DP9 and the architect is Paul Davis & Partners. Strategic issues The strategic issues raised at consultation stage regarding housing, affordable housing, urban design, inclusive access, sustainable development and transport have been satisfactorily addressed. The Council’s decision In this instance, Hammersmith & Fulham Council has resolved that the Council’s Executive Director of Transport and Technical Services be authorised to grant permission subject to completion of a Section 106 agreement. Recommendation That Hammersmith & Fulham Council be advised that the Mayor is content for it to determine the case itself, subject to any action that the Secretary of State may take, and does not therefore wish to direct refusal or direct that he is to be the local planning authority. Context 1 On 15 July 2013, the Mayor of London received documents from Hammersmith & Fulham Council notifying him of a planning application of potential strategic importance to develop the page 1 above site for the above uses. This was referred to the Mayor under Category 1C(c) of the Schedule to the Order 2008: “Development which comprises or includes the erection of a building of more than 30 metres high and is outside the City of London.” 2 On 21 August 2013, the Mayor considered planning report D&P/3209/01, and subsequently advised Hammersmith & Fulham Council that the application did not comply with the London Plan, for the reasons set out in paragraph 85 of the above-mentioned report; but that the possible remedies set out in that paragraph could address these deficiencies. 3 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. Since then, the application has been revised in response to the Mayor’s concerns (see below). On 12 November 2013, Hammersmith & Fulham Council resolved that the Council’s Executive Director of Transport and Technical Services be authorised to grant permission subject to completion of a Section 106 agreement, and on 26 November 2013 it 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 decision to proceed unchanged, direct Hammersmith & Fulham Council under Article 6 to refuse the application or issue a direction to Hammersmith & Fulham Council under Article 7 that he is to act as the Local Planning Authority for the purposes of determining the application and any connected application. The Mayor has until 9 December 2013 to notify the Council of his decision and to issue any direction. 4 The decision on this case, and the reasons will be made available on the GLA’s website www.london.gov.uk. Update 5 At the consultation stage, Hammersmith & Fulham Council was advised that the application did not comply with the London Plan, for the reasons set out in paragraph 85 of the above- mentioned report; but that the possible remedies set out in that paragraph could address these deficiencies: Housing: Further information is required on the re-provision of off-site social rented and supported housing and the financial viability of the scheme should be fully assessed at the local level to ensure accordance with London Plan Policy 3.12. Urban design: The proposal is generally well designed, however reconsideration of the layout of the Block N commercial unit is required. Historic environment: The relationship of the proposal to neighbouring heritage assets has been carefully considered, with the result that it would not cause harm to their setting and character. Biodiversity: Taking into account the current neglected state of the strip of land beside the railway line, the creation of a more ecologically diverse open space would be beneficial to biodiversity. Inclusive access: Further consideration should be given to the location of blue badge parking bays; the layout of wheelchair accessible units in order to ensure that they are wheelchair accessible or easily adaptable from the outset; provision for lift access in the Block N commercial unit; access to the level change in the Block M commercial unit; and the design response to the level change between Lillie Road and the proposed development. page 2 Sustainable development: The energy strategy exceeds the targets in Policy 5.2 of the London Plan. Further information is required on the Seagrave Road energy centre, the site heat network, and the proposed PV installation. Transport: The transport assessment is acceptable and the predicted impact generated by the development will not result in any unacceptable impacts on the strategic transport network. A travel plan, construction management plan (CMP) and delivery and servicing plan (DSP) should be secured and subject to this the application is considered to comply with London Plan transport policies. 6 Since the Mayor made these initial representations, additional information has been provided. An updated assessment against the issues raised previously is provided under the corresponding headings below. Housing Reprovision of existing affordable/supported housing 7 London Plan Policy 3.14 and the Mayor’s Housing SPG resists the loss of housing, including affordable housing and supported housing such as hostels, without its planned replacement at existing or higher densities, with at least equivalent floorspace. 8 At Stage 1, the applicant indicated that the existing ten supported housing units and fourteen social rented units on the site would be re-provided elsewhere within the Borough by Places for People Homes Limited. The applicant has provided further information that confirms the space will be re-provided at a new Places for People site at Munden Street, within the Borough. Furthermore, the draft Section 106 confirms that the Lillie Road development cannot commence until the replacement floorspace has been provided and all existing tenants have been satisfactorily rehoused. This is acceptable and in accordance with Policy 3.14. Affordable housing 9 At Stage 1, it was noted that the applicant had submitted a financial viability assessment in support of the on-site affordable housing provision of nine intermediate affordable units, together with the reprovision of affordable units off-site, as discussed above. This has been independently assessed on behalf of the Council and confirms that the proposal would provide the maximum reasonable amount of affordable housing in accordance with London Plan Policy 3.12. Housing choice 10 London Plan Policy 3.8 and the associated supplementary planning guidance promote housing choice and seek a balanced mix of unit sizes in new developments. The Council has confirmed that the proposed mix of units meets local housing need. Urban design 11 At Stage 1, concern was raised that the courtyard level commercial unit facing both Lost River Park and the courtyard would result in occupiers locating storage and back of house uses on one side, undermining the quality of the frontage and the space that it looks onto. In response the applicant has confirmed that this unit will incorporate a basement level, which is where storage and back of house uses will be located. This is considered acceptable. page 3 Inclusive access 12 At Stage 1, the applicant was requested to reconfigure the proposed parking arrangements in order to allow the blue badge parking bays to be located as close as possible to the relevant entrances/ cores. The applicant has now supplied revised drawings, which confirm that the reconfigured parking layout complies with London Plan Policy 3.8 ‘Housing Choice’. 13 At Stage 1, it was noted that all of the wheelchair accessible units would be located in Block N, which will have two lifts; as opposed to Block M, where the intermediate units are located, as this block only has one lift. Although this does not provide a choice of tenure for wheelchair users, this was considered acceptable as only seven wheelchair accessible units were required, and the Council has confirmed that this does not raise any concerns in respect to needs in the Borough. 14 The Design and Access Statement submitted at Stage 1 indicated that wheelchair accessible units would be created by the conversion of standard units by removing walls, which does not meet the ‘easily adaptable’ requirement of Policy 3.8. The applicant has now provided revised drawings that confirm that the units are wheelchair accessible from the outset, which complies with Policy 3.8. 15 At Stage 1, it was requested that the commercial unit in Block N should make provision for lift access between the basement level and courtyard level, and the level change within the retail unit in Block M should also be accessible. The applicant has supplied revised drawings that confirm these changes have been made. 16 The Design and Access Statement submitted at Stage 1 provided limited information on the different options that were considered to achieve an inclusive environment at the entrance to the scheme from Lillie Road.