For advice on how to make further written submissions or... please contact Governance & Democracy by emailing

For advice on how to make further written submissions or... please contact Governance & Democracy by emailing

For advice on how to make further written submissions or to register to speak on this item,
please contact Governance & Democracy by emailing [email protected] or
telephoning 020 7926 2170. Information is also available on the Lambeth website
www.lambeth.gov.uk/democracy
Site address
Sainsbury’s, 62 Wandsworth Road, London, SW8 2LF
Ward
Oval
Proposal
Full detailed planning permission for the demolition of the
existing retail store and petrol station and the erection of a
replacement retail store (7,432msq net trading floorspace
(13,059msq gross internal floor area); childrens tutoring
facility (298msq); lobby/circulation space (1,707msq);
energy centre (779msq); flexible retail, community
floorspace (787msq); office floorspace (1,860msq) and
645 residential units with ancillary gymnasium arranged in
seven blocks including towers of 19, 28 and 37 storeys;
363 retail and 148 residential parking spaces; 882 cycle
spaces together with associated open space, childrens
play space, landscaping and public realm improvements
along Wandsworth Road and a new route from
Wandsworth Road to New Covent Garden;
Outline
planning
permission
(with
appearance,
landscaping and access to be Reserved Matters) for
105msq of flexible A1, A2, A3, A4, D1 floorspace and 92
dwellings within 2 blocks. In addition outline planning
permission is also sought for a further 1736msq of flexible
floorspace for use in association with the proposed Nine
Elms Northern Line station or A1, A2, A3, A4, D1 use.
(Amended description of development to include (a) a
correction to the number of affordable housing units
within Phase 2 from 66 to 92 units and (b) include the
potential provision for the 92 Affordable Housing units
in Phase 2 to be provided off-site)
Application type
“Hybrid” (part full/part outline)
Application ref(s)
11/02326/OUT
Validation date
06.09.2012
Case officer details
Kevin Tohill
02079265021
[email protected]
Applicant
Sainsbury’s Supermarkets Ltd
Agent
Turley Associates, London SE10 9QX
Considerations/constraints
Environmental Agency flood Zone
Opportunity Area.
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please contact Governance & Democracy by emailing [email protected] or
telephoning 020 7926 2170. Information is also available on the Lambeth website
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Approved plans
T-90T00; B20E01-04, BS20E01; B20P00; B20S01-04;
T-20E00 – 04; T20P-1
T20P00 – 39; T20S01 O4; T20S04MP; T20S05 -09;
TA20E01 – 02; TA20P02; O8;
Block B: T-B20P00; 01;02 06;
Block C: TC20e01 – 03; TC20P01; 03; 04; 05; 08; 09;
Block D: T-D20E01; 02; TD20P00; 01; 03; 04; 05; 13; 14;
17;
BLOCK E: T-E20P04; 05; 09; 10;
BLOCK F: TF20E01; 05; 09; 10; TF20P04; 05; 09;
BLOCK G: T-G20E01; O2; T-G20P00 – O5; TG20P06 –
14; TG20P15; TG20P16 – 20; 21 – 24; 25-27; 28 – 31; 32.
BLOCK H: TH20E01; 02; TH20P010;03; 04 05; 06; 09; 10;
BLOCK K: TK20E01;02; TK20P02; 03; 04; 13; 18; 19; 23;
24; 25; 26; 27.
Planning Statement;
Design and Access Statement;
Environment Statement (volumes 1, 2, 3 and non-technical
summary);
Energy Strategy;
Energy Strategy Report;
Sustainability Statement;
Retail Planning statement;
Statement of Community Involvement;
Toolkit Viability Report (confidential)
Response to Lambeth Review of Nine Elms (August
2011);
Response to GLA Review of Nine Elms (January 2012).
Recommendation(s)
Grant planning permission subject to conditions, the
completion of a S106 Agreement and stage 2 referral to
the GLA.
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please contact Governance & Democracy by emailing [email protected] or
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Report Review:
Department(s) or Organisation(s)
Date consulted
Date response
received
Governance & Democracy (legal)
08/07/2013
09/07/2013
Comments
summarised in
para
Comments
incorporated
throughout report.
Consultation:
See original planning committee report for details.
Background documents
Case File (this can be accessed via the Planning Advice Desk, Telephone 020
79261180)
For advice on how to make further written submissions or to register to speak on this item,
please contact Governance & Democracy by emailing [email protected] or
telephoning 020 7926 2170. Information is also available on the Lambeth website
www.lambeth.gov.uk/democracy
Executive Summary
Planning application ref: 11/02326/OUT was approved by PAC on 12th June
2012. However planning permission has not as yet been issued due to
negotiations over the delivery of the Northern Line Extension (NLE) which would
occupy Phase 2 of the development where the 92 social rented units were to
have been built above the station box. It is now apparent that TfL will not pass
the site back to Sainsbury’s but will build out the Over Station Development
(OSD), themselves. As this will not be built and in operation until approximately
2020 officers are exploring options for earlier delivery of the units off-site.
Since the PAC on 12th June 2012, it has also come to light that the original
description of development in the original report was incorrect and that in fact
there are 92 units within the phase 2 outline part of the scheme and not 66. This
was an error on the application forms although the plans accompanying the
application always showed 92 units.
This report therefore seeks committee approval to amend the description of
development and to amend the heads of terms of the proposed s106 to allow
the provision of the 92 social rented units in phase 2 to be provided off-site. All
other aspects of the application remain the same as previously reported to PAC.
1
1.1
Summary of Main Issues
•
That Members take note that the original description of development was
incorrect and that there are in fact 92 residential units within phase 2 and
not 66.
•
In light of the recent TfL Transport Works Act Order (TWAO) submission
to the Secretary of State, which would compulsorily purchase the outline
part of the site, whether the provision of the phase 2 social rented
affordable housing would be acceptable off-site.
2
Site Description
2.1
The site is occupied by a single storey supermarket comprising retail floorspace,
a petrol filling station and a surface level car park providing 363 parking spaces.
The existing store is set back from Wandsworth Road which runs along the east
side of the site and is oriented with its rear adjacent to the railway viaduct which
runs east – west along the northern boundary. Pascal Street and the Banham
Security building define the southern boundary.
2.2
The existing vehicular and pedestrian accesses into the site are from
Wandsworth Road with the vehicular exit routed via Pascal Street. Servicing
access to the store is from the west, separate from the main customer access.
2.3
The site lies within the Vauxhall Nine Elms Battersea Opportunity Area (VNEB
OA) as defined by the GLA. At borough level the site lies with the South East
Regeneration Arc, one of four distinct quarters, as defined in the Council’s
Supplementary Planning Document for Vauxhall.
2.4
The site does not lie within a conservation area, nor does it contain any listed
buildings.
2.5
The site benefits from a PTAL rating of 6a which is the highest possible rating
for public transport accessibility.
2.6
The site lies within Flood Zone 3 being approximately 330 to the south of the
River Thames.
3
Relevant Planning History
3.1
Sainsbury’s has occupied the application site since the early 1980’s. Planning
permission was granted on 4th March 1981 for the erection of a new
supermarket comprising 4216 sqm of floorspace with associated ancillary
facilities. This permission also included a new vehicular access and the erection
of boundary walls and gates. The development was completed in August 1982.
Further extensions were approved in 1984, 1992 and in 1993 planning
permission was granted for the erection of a petrol filling station on the site.
3.2
A final extension to the original superstore was permitted in 1996 and since the
late 1990’s there has been little change to the site, relevant to the consideration
of this planning application.
3.3
In the 12th June 2012 Lambeth Planning Applications Committee resolved to
grant permission (subject to the completion of a Section 106 agreement) for:
A part detailed and part outline planning application comprising: Full detailed
planning permission for the demolition of the existing retail store and petrol
station to allow for the erection of a replacement retail store (7,432msq net
trading floorspace (13,059msq gross internal floor area), childrens tutoring
facility (298msq), lobby/circulation space (1,707msq), energy centre (779msq),
flexible retail, community floorspace (787msq), business, office floorspace
(1,860msq) and 671 residential units with ancillary gymnasium (369msq)
arranged in seven blocks including towers of 19, 28 and 37 storeys. Also
proposed are 363 retail and 148 residential parking spaces, 882 cycle spaces
together with associated open space, childrens play space, landscaping and
public realm improvements along Wandsworth Road and a new route from
Wandsworth Road to New Covent Garden.
Outline planning permission (with appearance, landscaping and access to be
Reserved Matters) for 105msq of flexible A1, A2, A3, A4, D1 floorspace and 66
dwellings within 2 blocks. In addition outline planning permission is also sought
for a further 1736msq of flexible floorspace for use in association with either the
proposed Nine Elms Northern Line station or A1, A2, A3, A4, D1 use.
3.4
The outline element of this application (Phase 2) was to be located above the
site of the proposed northern line extension station at Nine Elms and once the
station box was built. Sainsbury’s would then have been able to finalise details
of the outline part of the application and build this out including the affordable
housing proposed.
The approved development included 144 affordable housing units in total (20%)
within the development. 52 intermediate housing units within Phase 1 and 92
social housing units within Phase 2 over the station box.
3.5
Planning permission was granted by Lambeth Planning Committee on the 21st
May 2013 for:
Demolition of existing filling station and erection of temporary supermarket on
the existing Sainsbury's car park site, located on the corner of Wandsworth
Road and Pascal Street, comprising of: 1,279 sq m (GIA) of retail floorspace, 21
car parking spaces, service yard, mechanical plant equipment at roof level and
associated landscaping, trolley shelter, cycle parking and alterations to existing
access points.
The temporary Store would enable Sainsbury’s to maintain a continued retail
presence on the site during the construction of the development.
3.6
TfL submitted a Transport Works Act Order (TWAO) application to the Secretary
of State for Transport on 30 April 2013. The TWAO application seeks powers to
build and operate the Northern Line Extension. The NLE project proposes to
extend the Charing Cross branch of the Northern line, from Kennington to
Battersea, including an intermediate station at Nine Elms and a terminus at
Battersea, close to Battersea Power Station (BPS). The extension will pass
through the London boroughs of Wandsworth, Lambeth and Southwark.
4
Proposed Development
4.1
The proposed development would remain the same as that approved on the 12th
June 2012 by Planning Applications Committee however the description of
development would change to read:
Full detailed planning permission for the demolition of the existing retail store
and petrol station and the erection of a replacement retail store (7,432msq net
trading floorspace (13,059msq gross internal floor area); childrens tutoring
facility (298msq); lobby/circulation space (1,707msq); energy centre (779msq);
flexible retail, community floorspace (787msq); office floorspace (1,860msq) and
645 residential units with ancillary gymnasium arranged in seven blocks
including towers of 19, 28 and 37 storeys; 363 retail and 148 residential parking
spaces; 882 cycle spaces together with associated open space, childrens play
space, landscaping and public realm improvements along Wandsworth Road
and a new route from Wandsworth Road to New Covent Garden;
Outline planning permission (with appearance, landscaping and access to be
Reserved Matters) for 105msq of flexible A1, A2, A3, A4, D1 floorspace and 92
dwellings within 2 blocks. In addition outline planning permission is also sought
for a further 1736msq of flexible floorspace for use in association with the
proposed Nine Elms Northern Line station or A1, A2, A3, A4, D1 use.
5
Consultations and Responses
5.1
A press notice was published in the Weekender Press on 15th June 2012.
5.2
Site notices were displayed adjacent to the application site on 15th June 2012.
5.3
A new set of consultation letters were also sent to neighbouring residents and
local amenity groups on 12th June 2013 notifying residents of these proposed
changes.
5.4
Internal consultation
The Council’s Housing team have been working with planning officers and the
applicant, looking at various different sites within the borough. Housing fully
support the proposal of off-site affordable housing provision in the specific
circumstances surrounding the NLE station site.
No. of
sent
2263
Letters
No. of Objections
No. in support
Comments
1
0
1
Material planning objections
Officer Response
Whilst not objecting to the full proposal I
would like to object to the application to
include such a large amount of D1
floorspace within the development as the
migration of local healthcare and clinic
facilities into the development would
result in patients not using the facilities
already adequately provided in the
community from nearby surgeries, health
centers and pharmacies and this would
result in a reduction of choice for patients
and ultimately reduction the service
provided. If there is an increase in
population the existing facilities should be
upgraded and there would be availability
of capital within the local economy to do
so with either public or private sources or
a combination of both. The transfer of
any large number of patients to the
development would also be detrimental to
the local economy as a lot of the users of
the local surgeries would no longer pass
by the shops and restaurants and use
these facilities as they do now.
Movement away from pharmacies of any
local gp practices may also render these
not viable and any closure would result
patients again losing valuable healthcare
resources.
Objection raised to the erection of a 40
storeys tower on the boundary on the site
which will cause major overshadowing
and loss of light.
The levels of D1 floorspace have already
been agreed by Planning Committee in
2012.
6
The tallest tower within the development
would be 37 storeys and located to the north
of the site, not adjacent to any existing
residential dwellings.
Planning Policy Considerations
National Guidance
6.1
Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires
planning decisions to be made in accordance with the development plan unless
material considerations indicate otherwise. The development plan in Lambeth is
the London Plan (‘consolidated with Alterations since 2004’ published in
February 2008), the Lambeth Core Strategy (adopted 19 January 2011) and the
remaining saved policies in the ‘Lambeth Unitary Development Plan (UDP)
2007: Policies saved beyond 5 August 2010 and not superseded by the LDF
Core Strategy January 2011’. Material considerations include national planning
policy statements and planning policy guidance.
6.2
On 27th March 2012, the Government published the National Planning Policy
Framework. This document had the immediate effect of replacing various
documents including, amongst other documents, PPS1, PPS3, PPS4, PPS5,
PPS12, PPG13, PPG17 and Circular 05/2005: Planning Obligations.
6.3
The National Planning Policy Framework sets out the Government’s planning
policies for England and how these are expected to be applied. It reinforces the
Development Plan led system and does not change the statutory status of the
development plan as the starting point for decision making. The NPPF sets out
that the National Planning Policy Framework must be taken into account in the
preparation of local and neighbourhood plans, and is a material consideration in
planning decisions. Moreover, it sets out that in assessing and determining
development proposals, local planning authorities should apply the presumption
in favour of sustainable development.
The London Plan 2011
6.4
The London Plan was published in July 2011 and replaces the previous
versions which were adopted in February 2004 and updated in February 2008.
The London Plan is the Mayor’s development strategy for Greater London and
provides strategic planning guidance for development and use of land and
buildings within the London region.
6.5
The London Plan is the overall strategic plan for London, and it sets out a fully
integrated economic, environmental, transport and social framework for the
development of the capital over the next 20-25 years. It forms part of the
development plan for Greater London. All Borough plan policies are required to
be in general conformity with the London Plan policies
6.6
GLA Supplementary Planning Guidance on Housing (2012)
The Supplementary Planning Guidance on Housing (2012) sets out guidance to
supplement the housing policies in the 2011 London Plan.
6.7
Lambeth LDF Core Strategy (2011)
6.8
The following policies are considered to be of relevance to the assessment of
this application:
•
•
•
Policy S1 – Delivering the Vision and Objectives
Policy S2 – Housing
Policy S10 – Planning Obligations
6.9
London Borough of Lambeth Unitary Development Plan (2007): ‘Policies saved
beyond 5 August 2010 and not superseded by the LDF Core Strategy January
2011’
6.10
The following policies are considered to be of relevance to the assessment of
this application:
•
Policy 15 – Additional Housing
•
Policy 16 – Affordable Housing
7
Description of Development
7.1
It should be noted that the original description of development was not accurate
and the outline part of the scheme actually included 92 affordable housing units,
not 66 as stated in the committee report.
This inaccurate description of development was submitted in error by the
developer on the application forms. However, the approved plans and housing
tenure tables within the committee report are accurate and do reflect the finally
agreed layouts. Officers are therefore seeking Committee approval to amend
the description of development.
8
Affordable Housing Provision
8.1
Prior to this application going before the Planning Applications Committee in
June 2012 discussions regarding the NLE were not completed and it was hoped
at that time that Sainsbury’s would be able to complete phase 2 of their scheme
once TfL had completed the station works.
8.2
However following the submission of the TWAO at the end of April TfL’s plans
are now finalised and it has become apparent that Sainsbury’s would not be
getting the southern part of the site back from TfL following the compulsory
purchase of the site. Furthermore the northern line station box would not be
completed until 2020 at the earliest raising concern regarding deliverability of
the Sainsbury’s on site affordable housing within a reasonable timeframe.
8.3
Officers considered this to be an opportunity to revisit the scheme to allow for an
earlier delivery of the affordable housing albeit through an off-site provision. As
such discussions have been ongoing with the applicants and the Council’s
Housing and Planning departments to find a site which could accommodate the
92 social rented affordable housing units which are to be provided in the outline
phase 2 development, as part of this scheme but which fall on the TfL NLE site.
8.4
The original application on this site consisted of the provision of 144 social and
intermediate housing units. Of the 144 affordable homes 52 intermediate
affordable housing units would be built within phase 1 and would be built out as
approved and the 92 social rented units were to be located on the phase 2
(NLE) site.
8.5
Sainsbury’s throughout negotiations sought to maintain a flexible approach to
allow the NLE to progress unhindered. All stakeholders agreed that the NLE is a
strategically important piece of infrastructure necessary for the wider
regeneration of the VNEB Opportunity Area.
8.6
Officers consider the need to deliver the NLE constitutes exceptional
circumstances and that off-site provision should be a fully explored in this
instance. Sainsbury’s, TfL and Lambeth Officers are currently working together
to identify a suitable site for the offsite affordable housing as close to the
Sainsbury’s Nine Elms site as possible and in any event no more than one mile
from the site. Any off-site provision should provide at least the equivalent of the
92 units already agreed although the unit mix could be changed to better reflect
housing need e.g. Increasing the proportion of larger family units.
8.7
Lambeth housing and planning officers are currently working with the applicant
to identify sites which could have the capacity to provide the 92 affordable
housing units. Using Council owned sites as per the Shell Centre application,
Sainsbury’s would potentially be able to deliver the affordable housing provision
years earlier than possible under the current NLE timescale and possibly
provide additional or larger units for the same cost as the proposed on-site
provision.
8.8
Should Sainsbury’s be unable to acquire a site and develop out a scheme to
cover the affordable housing as approved by planning committee (92 social
rented units), this obligation would cascade down onto TfL within the s106, to
deliver the affordable housing on the over station development site once the
NLE is completed as per the original committee decision. As such this off-site
provision is considered to be a positive outcome for the Council. Delivering
affordable housing early and potentially more, larger units, with the fall back that
it would be provided as per the previous decision by TfL. TfL have confirmed
that they are happy for the fall-back position to be included in the revised s106.
8.9
The different delivery options are still being explored but Sainsbury’s have
committed to being responsible for the construction of the new homes and
leaving the Council the flexibility to select a delivery model to suit its wider
objectives; for example the completed units could be transferred back to the
Council to be retained as Council housing in their ownership or the homes could
be transferred to a Registered Provider.
8.10
Lambeth Housing officers support the principle of off-site provision in this case.
The proposed off-site affordable housing units should comply with the Lambeth
social rent model principles as per the original report. This would be secured as
part of the Section 106 Agreement and as the application decision showed 92
units, Officers recommend that the final decision notice should be amended to
refer to 92 units within Phase 2 of the scheme.
9
Conclusion
9.1
In light of the exceptional circumstances in this case, with TfL retaining the site
beyond 2020, officers consider that off-site provision of the social rented
affordable housing units could provide an earlier delivery and potentially a better
mix (more family sized units) whilst maintaining the fall-back position that TfL
would provide the units on site if the off-site affordable provision failed to come
forward.
10
Recommendation
1
Amend the description of development to state 92 units within phase 2, not 66;
2
Amend the heads of terms of the proposed Section 106 Agreement to allow for
the provision of the 92 social rented housing units, or their equivalent, within
phase 2 to be provided off-site within 1 mile of the site or, if this can not be
achieved, to require Transport for London to provide the units within their over
station development.
3
Delegate to officers to agree the final mix of unit sizes to be delivered off-site.
11
Summary of the Reasons
11.1
In deciding to grant approval for the Deed of Variation to the s106 legal
agreement, the Council has had regard to the relevant policies of the
development plan and all other relevant material considerations. The
development plan in Lambeth is the Lambeth Local Development Framework
Core Strategy (adopted 19 January 2011) and the remaining saved policies in
the ‘Lambeth Unitary Development Plan (UDP) 2007: Policies saved beyond 5
August 2010 and not superseded by the Core Strategy adopted in January
2011’ and the London Plan (adopted July 2011). Having weighed the merits of
the proposed variation in the context of these issues, it is considered that the
Deed of Variation be granted. In reaching this decision the following Policies
were relevant:
London Plan (July 2011)
Policy 3.8: Housing choice
Policy 3.9: Mixed and Balanced Communities
Policy 3.10: Definition of affordable housing
Policy 3.11: Affordable housing targets
Policy 3.12: Negotiating affordable housing in individual private residential and
mixed-use schemes
Local Development Framework Core Strategy (2011)
Policy S2: Housing
Policy S10: Planning Obligations
Unitary Development Plan (Policies saved beyond 5th August 2010 and not
superseded by the Core Strategy: January 2011)
Policy 15
Policy 16
Additional Housing;
Affordable Housing.
__________________________