Agenda item
Site At Bow Wharf Adjoining Regents Canal And Old Ford Road, Old Ford Road, London (PA/11/03371 - 3372)
Decision:
On a vote of 3 in favour of the refusal, 0 against and 1 abstention, the Committee RESOLVED:
That Planning Permission and Conservation Area Consent (PA/11/03371 - 3372)at Site at Bow Wharf adjoining Regents Canal and Old Ford Road, Old Ford Road, London be REFUSED for the demolition of existing buildings to facilitate the redevelopment of the site to provide three buildings ranging in height from 3 - 6 storeys to provide 34 residential units comprising 10 x 1 bedroom, 15 x 2 bedroom, 4 x 3 bedroom and 5 x 4 bedroom houses, 74.8 square metres of commercial floor space to be used as either Use Class A1, A2, A3,B1 or D1, including provision of one accessible parking space, cycle parking, public and private amenity space and associated works for the following reasons as set out in paragraphs 5 of the update report:
Full Planning Permission.
- The proposal would represent an unacceptable form of development with regard to design, appearance, height, bulk, scale and massing which would fail to preserve or enhance the open character and appearance of this part of the Regents Canal Conservation Area. As such, the proposal would be contrary to strategic policy SP10 of the adopted Core Strategy (2010), policies DM25 and DM27 of the adopted Managing Development Document (2013), the National Planning Policy Framework and the guidance contained within the Regents Canal Conservation Area Appraisal. These policies seek to ensure development preserves or enhances the character and appearance of the Regents Canal Conservation Area and that development takes account of local context.
- The proposal would fail to accord with table 3.2 of policy 3.4 of the London Plan (2011), and would therefore result in the overdevelopment of the subject site, without securing appropriate levels of financial contributions, including health contribution, to mitigate against the impacts of such density. The proposal is therefore contrary to the adopted Planning Obligations SPD (2012), policy SP13 of the Core Strategy (2010) and the National Planning Policy Framework, which seek to ensure that the impacts of development are mitigated through planning obligations.
- The proposal fails to secure a minimum of 35% affordable housing, and is therefore contrary to policies SP02(3a) of the Core Strategy 2010 and DM3 of the Managing Development Document (2013), which seek the delivery of 35% - 50% affordable housing in major developments.
- No planning obligations in the form of financial contributions have been secured to mitigate the impacts of the development. As a result, the proposal fails to meet the requirements of policy SP13 of the adopted Core Strategy (2010) and the Planning Obligations Supplementary Planning Document (2012), which seek to agree planning obligations between the Local Planning Authority and developers to mitigate, compensate and prescribe matters relating to the development.
Conservation Area Consent
· In the absence of an approved planning permission for the re-development of the site, the demolition of the existing buildings would leave an undeveloped site which would represent a blight on the character and appearance of the Regents Canal Conservation Area, contrary to strategic policy SP10 of the adopted Core Strategy (2012), policy DM27 of the adopted Managing Development Document (2013), the National Planning Policy Framework and the guidance within the Regents Canal Conservation Area Appraisal. These policies seek to ensure development preserves or enhances the character and appearance of the Regents Canal Conservation Area.
The Members that voted on the item were Councillors Helal Abbas, Anwar Khan, Judith Gardiner and Gulam Robbani. Councillors Kosru Uddin or Peter Golds could not vote on this item as they had not been present at the 19th June 2013 Committee meeting when it was initially considered.
Minutes:
The Committee considered the scheme regarding the site at Bow Wharf Adjoining Regents Canal and Old Ford Road, Old Ford Road, London (PA/11/03371 - 3373).
Amy Thompson (Planning Officer) presented the detailed proposal for planning permission and conservation area consent. The Committee were reminded that the application had previously been considered by the Committee on three occasions – at the 11th April 2013 meeting where Members were minded to refuse the scheme; on 15th May 2013 where the Committee deferred the decision again to explore the possibility of ring fencing the s106 agreement to the Bow West ward; and then again on 19th June 2013 as a new item (due to a change in membership at Annual Council) where Members were minded to refuse the application due to a number of concerns as set out below:
- Impact on the heritage aspects of the site with emphasis on the height of the proposal.
- Overdevelopment of the site due to the proposed density and lack of s016 contributions.
- .Lack of affordable housing with regard to the 35% target in policy.
Officers had since considered the reasons and had drafted suggested reasons for refusal. Officers had added a fourth reason regarding the lack of a legal agreement for financial contributions. Officers had also drafted a reason for refusing the Conservation Area consent as it would be inappropriate to demolish the building without the planning permission.
Officers gave their opinion on their strength of the reasons on planning grounds. It was considered that reason one may reasonable be defended at appeal. However, reasons two and three were weak given the policies in the London Plan that supported intensity of use compatible with the local context. The scheme also showed no symptoms of overdevelopment. The scheme was also delivering the maximum level of s106 and affordable housing that could reasonable be secured based on independent viability testing.
The Officers recommendation remained to grant the scheme. However, should Members be minded to refuse the scheme, Officers would seek to defend any appeal.
On a vote of 3 in favour of the refusal, 0 against and 1 abstention, the Committee RESOLVED:
That Planning Permission and Conservation Area Consent (PA/11/03371 - 3372)at Site at Bow Wharf adjoining Regents Canal and Old Ford Road, Old Ford Road, London be REFUSED for the demolition of existing buildings to facilitate the redevelopment of the site to provide three buildings ranging in height from 3 - 6 storeys to provide 34 residential units comprising 10 x 1 bedroom, 15 x 2 bedroom, 4 x 3 bedroom and 5 x 4 bedroom houses, 74.8 square metres of commercial floor space to be used as either Use Class A1, A2, A3,B1 or D1, including provision of one accessible parking space, cycle parking, public and private amenity space and associated works for the following reasons as set out in paragraphs 5 of the update report:
Full Planning Permission.
- The proposal would represent an unacceptable form of development with regard to design, appearance, height, bulk, scale and massing which would fail to preserve or enhance the open character and appearance of this part of the Regents Canal Conservation Area. As such, the proposal would be contrary to strategic policy SP10 of the adopted Core Strategy (2010), policies DM25 and DM27 of the adopted Managing Development Document (2013), the National Planning Policy Framework and the guidance contained within the Regents Canal Conservation Area Appraisal. These policies seek to ensure development preserves or enhances the character and appearance of the Regents Canal Conservation Area and that development takes account of local context.
- The proposal would fail to accord with table 3.2 of policy 3.4 of the London Plan (2011), and would therefore result in the overdevelopment of the subject site, without securing appropriate levels of financial contributions, including health contribution, to mitigate against the impacts of such density. The proposal is therefore contrary to the adopted Planning Obligations SPD (2012), policy SP13 of the Core Strategy (2010) and the National Planning Policy Framework, which seek to ensure that the impacts of development are mitigated through planning obligations.
- The proposal fails to secure a minimum of 35% affordable housing, and is therefore contrary to policies SP02(3a) of the Core Strategy 2010 and DM3 of the Managing Development Document (2013), which seek the delivery of 35% - 50% affordable housing in major developments.
- No planning obligations in the form of financial contributions have been secured to mitigate the impacts of the development. As a result, the proposal fails to meet the requirements of policy SP13 of the adopted Core Strategy (2010) and the Planning Obligations Supplementary Planning Document (2012), which seek to agree planning obligations between the Local Planning Authority and developers to mitigate, compensate and prescribe matters relating to the development.
Conservation Area Consent
· In the absence of an approved planning permission for the re-development of the site, the demolition of the existing buildings would leave an undeveloped site which would represent a blight on the character and appearance of the Regents Canal Conservation Area, contrary to strategic policy SP10 of the adopted Core Strategy (2012), policy DM27 of the adopted Managing Development Document (2013), the National Planning Policy Framework and the guidance within the Regents Canal Conservation Area Appraisal. These policies seek to ensure development preserves or enhances the character and appearance of the Regents Canal Conservation Area.
The Members that voted on the item were Councillors Helal Abbas, Anwar Khan, Judith Gardiner and Gulam Robbani. Councillors Kosru Uddin or Peter Golds could not vote on this item as they had not been present at the 19th June 2013 Committee meeting when it was initially considered.
Supporting documents:
- PA_11_03371_03372- Final Bow Wharf Deferal Report _MAS, item 6.1 PDF 113 KB
- Bow Wharf Appendix 1 April, item 6.1 PDF 1013 KB
- Bow Wharf Appendix 2, item 6.1 PDF 55 KB
- Bow Wharf Appendix 3, item 6.1 PDF 200 KB
- Bow Wharf Appendix 4, item 6.1 PDF 88 KB
- Bow Wharf Appendix 5, item 6.1 PDF 52 KB
- Bow Wharf Appendix 6, item 6.1 PDF 1011 KB
- Bow Wharf Appendix 7, item 6.1 PDF 52 KB