Proposal:

 

In Outline, with all matters reserved, for a comprehensive phased mixed-use development comprising demolition of existing buildings and structures for uses set out in report.

 

In Full, for a comprehensive phased development comprising demolition of existing buildings and structures, and residential (Use Class C3) flexible residential facilities and commercial uses (Use Classes A1, A2, A3, A4, B1, C3, D1 and D2) together with public open space; public realm works and landscaping; car and cycle parking; servicing arrangements; sustainable energy measures; formation of new pedestrian and vehicular access and means of access and circulation within the site; and site preparation works.

 

Recommendation:

 

Grant Planning Permission subject to conditions and a legal agreement

 

 

Update report was tabled

Paul Buckenham presented the application for planning permission for full planning permission for the first phase of the development and the outline application as set out in the report. It was noted that the updated Committee report and the update report set out revised recommendations and conditions to address the issues raised by the Committee on 2^nd December, where the Committee previously considered the application.

Kevin Crilly (Planning Services) provided a brief overview of the application

The Committee noted the key features of the application including:

·     The provision of a mixed use development with a policy compliant level of affordable housing

·   Publicly accessible open space.

·   That the height and design of the development, with the differing typologies, would respond well to the local context.

The application was deferred by Members on 2^nd December where the Committee requested that Officers and the applicant review the mechanisms within the proposal to ensure the delivery of a mix of housing types within the future phases of development.  The committee also expressed concern regarding the lack of certainty over the provision of larger house types suitable for families at the outline planning stage.

To address these concerns,  conditions were proposed, (as set out in the Committee report and update),  which set a proposed range for the private housing mix targets with the aim of securing the following objectives: adequate controls over the private housing mix, a mixed and balanced housing mix whilst allowing a degree of flexibility in the delivery of the development. The conditions complied with policy.

Details of the affordable housing element would be secured by the s106 ensuring that the scheme would deliver 35% affordable housing and this complied with policy.

The report also set out a condition on the wheelchair accessible housing mix

The Committee also requested that further consultation is carried out with the Cemetery Park to address the outstanding concerns particularly in relation to light pollution. Since that meeting, the Council have carried out further engagement with the applicant and the Cemetery Park.  The deferral report sets out conditions to address the concerns and proposed an uplift in the contributions. The Cemetery Park welcome having a role in the development of the proposals.

In light of the above, Officers continue to recommend that the application was granted planning permission.

 

The Committee also received reassurances from the Legal Officer, regarding the proposed conditions concerning the private sector housing from a legal point of view, as this issue was  raised at the last meeting. It was confirmed that the proposed conditions satisfied the relevant tests in planning law.

 

Committee’s questions.

In response, the Committee welcomed the updated recommendations and the legal guidance.

The Committee also noted the recent comments from the Cemetery Park, expressing uncertainty over future costs, as detailed in the update report.

In response, Officers reported on the recent discussions with the Cemetery Park and noted the issues discussed regarding potential uncosted impacts. It was noted whilst there may be some unforeseen costs, the contributions were significant. The contributions had been costed in consultation with the Cemetery Park against all known costs, based on the identified impacts.

 

On a vote of 6 in favour, and 0 against, the Committee RESOLVED:

 

1.      That planning permission is GRANTED at  Former Bow Common Gas Works, Bow Common Lane for the following development:

 

·     In Outline, with all matters reserved, for a comprehensive phased mixed-use development comprising demolition of existing buildings and structures, for the uses set out in the Committee report

·     In Full, for a comprehensive phased development comprising demolition of existing buildings and structures, and residential (Use Class C3) flexible residential facilities and commercial uses (Use Classes A1, A2, A3, A4, B1, C3, D1 and D2) together with public open space; public realm works and landscaping; car and cycle parking; servicing arrangements; sustainable energy measures; formation of new pedestrian and vehicular access and means of access and circulation within the site; and site preparation works.

 

2.          Subject to the prior completion of a S106 agreement to secure the planning obligations set out in the original report dated 2^nd December 2020

 

3.          Subject to the conditions set out in the  original report dated 2^nd December 2020

(a)       The additional conditions within the Committee report dated 19^th January 2021 in relation to:

 

·private tenure housing mix in future phases of the development; Paragraph 2.9 of the report (as amended in the Committee update report)

 

Details of the private housing mix in the outline phases of the development shall be submitted to the Council for approval as part of each reserved matters application and be delivered in accordance with the private residential mix set out as follows unless otherwise agreed in writing with the Local Planning Authority.

 

Private Residential Mix

Unit size	Permitted range
1 bed	20-40%
2 bed	40-60%
3 and 4 bed	10-20%

 

Reason: To ensure that the development takes account of Local Plan Policy D.H2 ‘Affordable housing and housing mix’ and delivers an appropriate mix of housing within the private tenure. In assessing the detailed mix for Reserved Matters coming forward for an outline phase, consideration will be given to the following:

 

a.  Meeting the affordable housing tenure split requirements;

b.  Meeting the affordable housing product requirements;

c.   Maximising the delivery of family affordable rented housing;

d.  On-site provision of social infrastructure in accordance with the Site Allocation 2.1 requirements (provision of a sixth form centre and 1ha consolidated open space);

e.  Changes in local housing need and market conditions; and

f.    Site accessibility and connectivity.

 

·         provision of wheelchair housing in accordance with local needs; Paragraph 2.27 of the report

 

For each Phase of development, all of the approved residential units shall be constructed and fitted out to comply with the Building Regulations 2010 (as amended) optional requirement M4(2) ‘accessible and adaptable’, except for 10% of the residential units which shall comply with the optional requirement M4(3)(2) ‘wheelchair user dwellings’.

 

The wheelchair user residential units approved within the affordable rented (formerly known as social rented) tenure shall comply with requirement M4(3)(2)b. All other wheelchair user units (intermediate and private tenures) shall comply with the optional requirement M4(3)(2)a.

 

Prior to the commencement of above ground works for each Phase, the following details shall be submitted to and approved in writing by the local planning authority:

a.      Details of how the proposed allocation of wheelchair user units has taken into account the requirements of the relevant policy and the needs of the Borough;

b.      Drawings and a schedule confirming the location of the wheelchair user dwellings within that Phase;

c.      1:50 detailed drawings of the affordable rented wheelchair user units (i.e. those required to meet optional requirement M4(3)(2)b).

Prior to occupation of the relevant residential units, these units shall be fully fitted out in accordance with the approved details, unless otherwise agreed with the local planning authority.

 

Any lifts shown on the approved drawings shall be installed and in an operational condition prior to the first occupation of the relevant residential access cores. The lifts shall be retained and maintained in an operational condition for the lifetime of the development.

 

·         lighting strategy; Paragraph 2.17 of the report

 

Prior to the commencement of above ground works of any phase of development, details of the proposed lighting strategy for the operational use of that phase shall be submitted and approved in writing by the Local Planning Authority, in consultation with Friends of Tower Hamlets Cemetery Park. It shall include:

 

a)   Details of lighting; including type, specification, hours of operation and lux numbers; and

 

b) A demonstration of how the sensitive light strategy will avoid unacceptable lighting of the adjoining Tower Hamlets Cemetery Park (LNR/SINC).

 

Reason: To ensure a positive relationship between the development, surrounding development and the Tower Hamlets Cemetery Park in line with policies S.DH1, D.SG4, D.DH6 and D.DH8 of the Local Plan (2020).

 

·         construction impacts. Paragraph 2.19 of the report

Prior to the commencement of works permitted by this planning permission, a Construction Environmental Management & Logistics Plan shall be submitted to and approved in writing by the Local Planning Authority.

The plans shall aim to minimise the amenity, environmental (including ecological) and road network impacts of the demolition and construction activities and include the details of:

 

a.  Telephone, email and postal address of the site manager and details of complaints procedures for members of the public;

b.  Dust Management Strategy to minimise the emission of dust and dirt during construction including but not restricted to spraying of materials with water, wheel washing facilities, street cleaning and monitoring of dust emissions;

c.   A strategy for minimising impacts upon the Cemetery Park following consultation with the Friends of Tower Hamlets Cemetery Park;

d.  Measures to maintain the site in a tidy condition in terms of disposal/storage of waste and storage of construction plant and materials;

e.  Scheme for recycling/disposition of waste resulting from demolition and construction works;

f.    Ingress and egress to and from the site for vehicles;

g.  Proposed numbers and timing of vehicle movements through the day and the proposed access routes, delivery scheduling, use of holding areas, logistics and consolidation centres;

h.  Parking of vehicles for site operatives and visitors;

i.    Travel Plan for construction workers;

j.    Location and size of site offices, welfare and toilet facilities;

k.   Erection and maintenance of security hoardings including decorative displays and facilities for public viewing;

l.    Measures to ensure that pedestrian access past the site is safe and not obstructed;

m. Measures to minimise risks to pedestrians and cyclists, including but not restricted to accreditation of the Fleet Operator Recognition Scheme (FORS) and use of banksmen for supervision of vehicular ingress and egress.

n.  Implement all measures relevant to construction as per the Environmental Statement (ES).

 

The development shall be carried out in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

 

Reason: In the interests of highway and pedestrian safety and to preserve the amenity of the area in accordance

(b)       updated planning obligations to require a financial contribution of £375,000 towards mitigation of the impacts of the development on Tower Hamlets Cemetery Park.