Proposal:

Demolition of existing petrol filling station (sui generis use class) and drive-through restaurant (A3 use class) and redevelopment of site to provide buildings ranging in height from 5-7 storeys, comprising 80 residential dwellings (C3 use class) and 574sqm (GIA) commercial floorspace (flexible A1/A2/A3/A4/B1/D1/D2 use classes) plus associated servicing, parking and refuse stores, amenity space and public realm enhancement. Refurbishment of existing public house (302sqm).

Recommendation:

Approve planning permission subject to conditions and a legal agreement

Update report was tabled

Paul Buckenham introduced the application for the redevelopment of site to provide buildings ranging in height from 5-7 storeys, comprising a residential led scheme with commercial uses at ground floor. He also highlighted the issues raised in the update report.

Rikki Weir presented the application, explaining the site location and the surrounding area. He also advised that the scheme had been amended following negotiations.  Public consultation had been undertaken with 11 objections and 1 in support. The main issues raised related to the impact on the neighbouring area, residential amenity and protection of The Old Rose public house. The application had been brought to the Committee due to size of the development rather than number of objections.

In terms of the assessment, the following points were noted:

• In land use terms, the loss of the drive-thru restaurant and petrol filling station to provide new housing and commercial uses, complied with policy.
• The housing mix comprised, 35% affordable housing at 70/30 tenure split of affordable rented and intermediate housing.  There would be a slight under provision of  family sized rented affordable accommodation.  Taking into account the overall housing offer and wider benefits of the scheme, the housing offer was considered to acceptable.
• The accommodation would be of a high standard in terms of internal and external amenity and access to play space.
• Details of the height, massing and design of the proposed development including images from the surrounding area. It was considered to be of a  high quality design and would appropriately respond to the local context.
• The surrounding area including a number of listed buildings, principally St George in the East Church (Grade I), Tobacco Dock (Grade I) and Pennington Street Warehouses (Grade II).

·       The proposal would result in less than substantial harm to designated heritage assets including listed buildings and the conservation area, within which, The Old Rose public house, described as a non-designated heritage asset, at the lower end of this scale. It was considered that the proposals met the planning balance tests in policy and that the public benefits would outweigh harm.

• The proposal would adversely impact upon the daylight and sunlight to some habitable rooms of residential buildings (Chi Buildings and Orchid Apartments) on the north side of The Highway. The impacts have been quantified and carefully assessed and the retained levels of amenity to neighbouring units were considered to be acceptable on balance in this urban context. Details of these impacts were reported and that the Council’s sunlight and daylight expert was on hand to answer any questions from Members.
• Other benefits of the scheme were noted. These included: public realm and pedestrian crossing improvements, measures to protect the operation of The Old Rose public house and surrounding night time venues, and a range of contributions, including Community Infrastructure Levy contributions. 
• In highway terms, the proposals included - a car-free agreement (apart from the provision of Blue Badge accessible car parking spaces within the development and adequate cycle parking for all uses.
• Officers recommend the proposed development be granted planning permission, subject to conditions and supporting legal agreement.

The Chair invited the registered speakers to address the Committee.

Christian Lalli expressed objections about the following issues:

·       The size, scale and height of the development. It would be out of character with the area and would overpower the street scene. 

·       Harm to amenity arising from this, in terms of increased sense of enclosure, loss of light to properties at Orchid Apartments. The south facing balconies would suffer a significant loss of outlook

·       Close proximity of the development to neighbouring properties,  leading to loss of privacy and intrusive impacts.

Ben Kelway spoke in support of the application, highlighting the benefits of the development, including the provision of good quality new homes with affordable housing at a 70/30 tenure split with affordable rented and intermediate housing. Other benefits included -  four flexible commercial units, to contribute to the local economy and create new jobs, and the reinstatement and refurbishment of The Old Rose public house.  In design terms, the application seeks to provide a high quality scheme, that respected heritage assets and the town scape. The impact on amenity had been fully assessed and the proposal would be compatible with the local area.

Committee’s questions:

In response to questions, Officers advised of the approach to bringing the public house back into use. All of the floor space would be brought back into use and the plans include a pub garden. It would also be separate from the new commercial units. The planning obligations included a deed of easement to protect the use of the public house with regard to the surrounding uses and also conditions to protect amenity. 

On a unanimous vote, the Committee RESOLVED:

1.             That, planning permission is GRANTED at 102-126 and 128 The Highway, London, E1W 2BX for:

·       Demolition of existing petrol filling station (sui generis use class) and drive-through restaurant (A3 use class) and redevelopment of site to provide buildings ranging in height from 5-7 storeys, comprising 80 residential dwellings (C3 use class) and 574sqm (GIA) commercial floorspace (flexible A1/A2/A3/A4/B1/D1/D2 use classes) plus associated servicing, parking and refuse stores, amenity space and public realm enhancement. Refurbishment of existing public house (302sqm). (PA/19/00559)

2.             subject to the prior completion of a legal agreement to secure the planning obligations set out in the Committee report

3.             Subject to the planning conditions set out in the Committee report