Agenda item
Former Castle Wharf Esso Petrol Station, Leamouth Road, London, E14 0JG (PA/16/01763/A1)
- Meeting of Strategic Development Committee, Wednesday, 21st December, 2016 7.00 p.m. (Item 3.1)
- View the background to item 3.1
Proposal:
Redevelopment of the former Service Station site with a residential led mixed use development, comprising residential units, together with 295 sqm of D1 floorspace, 81 sqm of flexible non-residential floorspace (Use Classes A1, A2, A3, B1, D1 and D2), 36 sqm café floorspace (Use Class A3), set across two main buildings including a 24 storey tower with stepped blocks of 20, 17, 11 and 8 storeys, linked by a 2 storey podium at ground level, with a single basement level, landscaping and associated amenities.
Recommendation:
That the Committee resolve to GRANT planning permission subject to any direction by the London Mayor, the prior completion of a legal agreement, conditions and informatives.
Minutes:
Update report tabled.
Jerry Bell (East Area Manager, Planning Services) introduced the application for the redevelopment of the former Service Station site with a residential led mixed use development.
It was reported that the application was previously considered at the Committee meeting on 29th November 2016, where Members resolved to defer the application for a Committee site visit (that took place on the 9th December 2016) and requested further information on:
· The impact of the scheme on schools and health care provision.
· Developments with play space on the upper floor.
It was also reported that due to contractual issues, the applicant had submitted an appeal against non-determination. Therefore, the Committee were now being asked to consider how they would have determined the application should they have the power to determine the application. (Further legal advice on this matter is set out at the end of this minute).
Nasser Farooq (Planning Services, Development and Renewal) gave a presentation on the application reminding the Committee of the site location, the routes to local amenities including the two new routes to Canning Town that would be opened by the time the application was built out (if granted).
Since the last meeting, the plans had been amended to relocate the child play space to the ground floor. This had been achieved by relocating the community space to the roof level. As a result of the changes, the level of play space marginally exceeded the policy requirements. Changes had also been made to covert non residential floor space to a Class DI community use.
In terms of the school and health care review, the findings indicated that there would be capacity to sustain the development and the population from other anticipated developments, given the plans to increase the capacity of the facilities. Full details of the findings were set out in the Committee report and were summarised at the Committee meeting. Attention was drawn, in particularly, to the planned new heath practices for the Aberfeldy Estate and the new schools at Wood Wharf and the Bromley Hall Site.
It was also noted that the site falls within an area identified in policy for a high density development.
Officers remained of the view that the application should be granted planning permission.
In response to questions, Officers clarified the plans to provide the additional community use. It was also noted that there would be a Community Infrastructure Levy contribution for health and education facilities amongst other things . It was also report that Officers had discussed the plans for the new Aberfeldy practice with the providers and it was understood that the increased capacity could accommodate other new developments in the area. Furthermore, it could be a number of years before the application would be occupied and in that time, additional infrastructure would come forward. It was also explained that the review of pupil projections covered a range of factors and the review did take into account the impact from other new developments coming forward. It was also noted that the population projections would be fed into the Local Plan refresh with a view to designating sites for infrastructure where needed.
In relation to the highway safety and air quality issues, consideration was given to these issues at the site visit and it was observed that there were crossings on the nearby highway. It was also considered that the relationship between the application and the highway was not an uncommon feature of developments. Highway Services had not raised any concerns about the development in terms of highway safety. An air quality report was approved by the Air quality specialist.
In view of the concerns about the proximity of the site to busy roads, Councillor Marc Francis proposed that an additional pre commencement condition be added to the application requiring that a traffic safety audit be carried out. On a vote of 4 in favour 2 against and 0 abstentions this was agreed.
Before moving to the voting stage, the Committee received advice from the legal officer about the appeal that had been lodged by the applicant against non - determination due to contractual reasons. The update report stated that due to this, the decision making powers had been transferred to the Planning Inspectorate and if the appeal was subsequently withdrawn, the decision making powers would return back to the Council.
The legal advisor reported that this point needed to be qualified. In normal circumstance where an appeal had been validated by the Planning Inspectorate and was withdrawn before the Inspector had made a determination, it would mean that the application had been finally disposed of. However in this case it was understood that while the appeal had been acknowledged, it had not been validated. Therefore it was uncertain whether a withdrawal of it would mean that the application was finally disposed of or if the Council could recover decision making jurisdiction it because the appeal was not validated (albeit had been acknowledged) by the Planning Inspectorate.
In view of this advice, the Committee were invited to accept two resolutions. Firstly, to decide how they would have determined the application should they have had the power to do so. Secondly, to accept a second recommendation allowing for the Officers to issue the decision, acting in accordance with the Committee’s resolution, in the event that the Council is capable of recovering decision making powers for the application following a withdrawal of the appeal.
On a vote 4 in favour, 2 against and 0 abstentions, the Committee RESOLVED:
1. That should the Council have the power to determine the application that the Committee would have been minded to GRANT the planning application at the Former Castle Wharf Esso Petrol Station, Leamouth Road, London, E14 0JG for the Redevelopment of the former Service Station site with a residential led mixed use development, comprising residential units, together with 295 sqm of D1 floorspace, 81 sqm of flexible non-residential floorspace (Use Classes A1, A2, A3, B1, D1 and D2), 36 sqm café floorspace (Use Class A3), set across two main buildings including a 24 storey tower with stepped blocks of 20, 17, 11 and 8 storeys, linked by a 2 storey podium at ground level, with a single basement level, landscaping and associated amenities. (PA/16/01763/A1) subject to:
2. Any direction by the London Mayor
3. The prior completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended), to secure the planning obligations set out in the Committee report.
4. That the Corporate Director, Development & Renewal is delegated authority to negotiate and approve the legal agreement indicated above.
5. That the Corporate Director Development & Renewal is delegated authority to issue the planning permission and impose conditions and informatives to secure the matters set out in the Committee report and a further pre commencement condition requiring the submission of a highway safety audit.
6. Any other conditions considered necessary by the Corporate Director Development & Renewal.
On a vote of 4 in favour, 2 against and 0 abstentions, the Committee RESOLVED:
7. That should legal advice determine that the Council is able to recover decision making powers for the application, following a withdrawal of the appeal against non determination, that Officers be delegated to issue the decision acting in accordance with the Committee’s resolution.
Supporting documents:
- Castle Wharf Deferred Item, item 3.1 PDF 351 KB
- Castle Wharf Esso Petrol Station - Final version 1 (4), 29/11/2016 Strategic Development Committee, item 3.1 PDF 8 MB
- update report, 29/11/2016 Strategic Development Committee, item 3.1 PDF 53 KB