ASDA Crossharbour - Strategic Development Committee is next Wednesday, 9th June, 2021 6.30 p.m - Isle of Dogs Neighbourhood Planning Forum
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ASDA Crossharbour - Strategic Development Committee
is next Wednesday, 9th June, 2021 6.30 p.m.
Meeting is online & in-person – can view meeting online via Internet (google Tower Hamlets Council webcast)
Residents (normally 2, maybe 3) & other Councillor’s can ask to speak (5 have asked to speak normally only 2
allowed)
Councillor’s on the Committee will make the decision, they can:
• Agree with the Council Planning Officer recommendation to approve
• Mayor of London or Secretary of State can overturn in theory but unlikely to do so
• Can be challenged in court via Judicial Review if made in error, see Bethnal Green Mulberry Tree for
example
or
• Disagree and recommend rejection (will need a 2nd meeting to confirm decision)
• BUT rejection has to be on strong planning policy grounds otherwise not defensible if developer appeals –
Cllrs have rejected applications in the past but then have to come up with reasons in a couple of minutes
with minimal officer help late at night – when those reasons then tested at appeal in a room full of planning
lawyers over several weeks the Council tend to lose (see 225 Marsh Wall, see Meadows Pepper Street)
• Can ask to defer decision to another meeting for example after a site visit or need more information
• Can add conditions if grant approval i.e. make clear boundary with Friars Mead
1 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDA
ASDA Crossharbour
– Affordable housing
detail & phasing
Note for later, the exclusion of the
school and farm in this diagram of
residential development
2 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDA
3 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDA
4 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDA
ASDA Crossharbour – Planning application detail
Reference: PA/19/02534
Site: ASDA – Crossharbour District Centre, 151 East Ferry Road, London, E14 3BT
A hybrid planning application (part detailed, part outline) for the demolition of existing buildings and the
comprehensive, mixed-use, re- development of the site, comprising a maximum of 218,991sqm (GEA) of
floorspace.
Full details are submitted for 526 residential units (Class C3), flexible commercial floorspace, including a new
foodstore (17,087sqm GIA - A1-A4/B1), a primary school (D1), community uses (D1), public bus parking and a
site wide basement, with associated uses as part of the development including car parking (up to 410 spaces),
cycle parking, and an energy centre. Building heights would range between a maximum of 17.4m AOD (3 storeys
above ground level) and 60m AOD (15 storeys above ground level). Creation of new vehicular and pedestrian
access and public realm works, including all ground floor hard and soft landscaping and other works incidental to
the proposals, including a programme of interim works (which include a temporary multi-storey car park with
349 car parking spaces and a temporary access lobby to the retail foodstore).
Outline permission (with layout, scale, appearance and landscaping at upper levels being reserved) is sought for
up to 111,137sqm GEA above podium level, comprising of between 1,217 and 1,446 residential units (C3), with
associated private and communal podium amenity and landscaping, within four buildings with maximum heights
ranging between up to 45.850m (AOD)/12 storeys and up to 115.50m (AOD)/32 storeys.
5 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDA
ASDA Crossharbour – key points
• 1,927 homes in 3 phases
• 25% affordable housing (based on rooms) or 370 homes – has been tested by Council own
financial experts – maximum deliverable due to cost of moving ASDA but see Stage review detail
later
• Would be built in 3 phases: would take 10 years or so
• New ASDA would be built first with temporary multi-storey car park before old ASDA demolished –
ASDA remains open. Some confusion over whether ASDA is smaller than old ASDA.
• 350 parking spaces for ASDA shoppers, down from 600 today, Council tried to reduce number
• 60 parking spaces for residents for 1,927 apartments only for disabled
• 88 social rent homes 3 bedroom or larger likely to bring on street parking permits
• Petrol station to close and not be replaced around 2027 (leaving Texaco on Cotton Street as closest
& only one in E14), space for new petrol station will be used for click & connect service for cars
• New 3 form primary school (but Council indicate may not need or will be a new building to make
Cubitt Town Primary into a bigger 5 form primary school + extra nursery)
• New IDEAs store (would replace Canary Wharf IDEA store). Unclear impact on Cubitt Town library.
• New retail space, 30% of which would be affordable at 30% off market rents
• Should connect to the Barkantine District Heating facility on the other side of the docks!
6 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDA
ASDA Crossharbour – Affordable housing detail
Affordable housing across the development (25% by habitable room) or up to
370 homes.
• 65% affordable rented (by habitable room) (50% London Affordable Rent /
50% Tower Hamlets Living Rent)
• 35% intermediate (by habitable room) (38% London Shared Ownership /
62% London Living Rent)
Plus Early Stage Review + Mid Stage Reviews + Late Stage Review
- Stage reviews is a review of the affordable % as scheme progresses can
increase the actual delivery of affordable homes or a cash contribution
- Note Intermediate is only 1 & 2 bed, all larger homes are affordable rent
7 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDA
ASDA Crossharbour – Financial contributions
Community Infrastructure Levy (CIL)
Would pay the Council £38.3 million in CIL (25% spent locally), the Mayor of London would get £9.6 million
May generate £££ New Homes Bonus for the Council as well
S106 contributions
A. £815,576 towards construction phase employment skills training
B. £99,951 towards end-user phase employment skills training
C. £3,454,200 toward carbon emission off-setting
D. £1,000,000 towards Crossharbour DLR station upgrades
E. £510,000 towards local bus network improvements
F. £500,000 towards improving cycling connectivity between the site and Cycle Superhighway 3
G. £250,000 towards public realm improvements on the East Ferry Road frontage
H. £220,000 towards new Cycle Hire Docking facilities
I. £76,120 + £124,050 (each year for 10 years) towards biodiversity impacts on Mudchute Park
J. Monitoring fee for financial contribution of 5% of the first £100,000 of contribution, 3% of the part of the
contribution between £100,000 - £1 million, 1% of the part of the contribution over £1 million – 1%.
Monitoring fee for non-financial contributions of £1,000 per 100 units or 10,000 sqm - £1,000
8 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDA
ASDA Crossharbour – why is the site being redeveloped with tall
buildings?
Because the Councils Local Plan 2031 specifically allows tall buildings in the areas below but should still step
down in height.
a. Building heights in the Millwall Inner Dock cluster
should significantly step down from the Canary Wharf
cluster to support its central emphasis and should be
subservient to it.
b. Building heights should step down from Marsh Wall
and ensure that the integrity of the Canary Wharf
cluster is retained on the skyline when seen from
places and bridges along the River Thames across
Greater London, particularly in views identified in
Policy D.DH4.
9 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDA
ASDA Crossharbour – why is the site being redeveloped?
Because the Councils Local Plan 2031 specifically encourages development on this site (purple areas are site
allocations) and the Isle of Dogs and South Poplar area has to deliver 31,209 new homes between 2016 and
2031 or 57% of all new homes in Tower Hamlets (central area biggest part of TH only has to deliver 14%)
10 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDAASDA Crossharbour – we are missing our housing targets
Tower Hamlets is not hitting its housing targets (these targets are in part calculated based on those set by the
Mayor of London), see government summary of top 10 local authority targets in the country, we are No 1 !
We are only achieving 74% of the target which means application of the presumption in favour of sustainable
development if housing delivery falls below 75% based on government rules
As long as you deliver your targets how you do so is up to you but fall below then you lose some control.
11 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDAASDA Crossharbour – Isle of Dogs Neighbourhood Plan update 12th May 2020 Neighbourhood Plan Mayor John Biggs confirms that the Plan will carry significant weight in the planning process 6th May 2021 86% of those whose votes counted vote Yes for the Neighbourhood Plan 19th May 2021 “The vote in favour of the NP means that, under s. 38(3A) of the Planning and Compulsory Purchase Act 2004, the Neighbourhood Plan automatically becomes part of the development plan without the need for any further formal steps to be taken.” Council’s lawyer’s 19th May 2021 12 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDA
ASDA Crossharbour – Isle of Dogs Neighbourhood Forum response
The Forum submitted on the 24th May a 15 page letter to Council
planning officers raising issues (a draft was sent a week earlier)
We said:
“But it is not possible for us to comment on whether or not the application
complies with the Neighbourhood Plan as we cannot find within the documents
key information. For example we cannot find (as of 24th May) the following:
• An Infrastructure Impact Assessment
• Compliance with the GLAs Housing SPG
• Any comment on Home Quality Mark nor BREEAM status
• Whether a 3D model was submitted or not and whether it was compliant
But we can see that the Construction document does not mention the
Neighbourhood Plan nor its policies. And it is suggested that the eventual CEMP
will not comply with our Policy CC3.
We would accept an argument that our Policy ES1 Empty Sites should not apply
given the special issues related to the ASDA store but we cannot see where that
argument has been made.”
13 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDAASDA Crossharbour – Isle of Dogs Neighbourhood Plan
Policy D1 a. To support Sustainable Development and in view of the strain on Infrastructure in the Area and the shortage
of publicly owned land, applicants for residential developments exceeding 1,100 habitable rooms per hectare in locations
with a PTAL of 5 or less are required to complete and submit an Infrastructure Impact Assessment as part of the planning
application.
The Council have said that this our main Policy does not apply as the site is 4.5 hectares in size and equals 1,057
habitable rooms per hectare i.e. not above 1,100. But the site is only 4.5 hectares in size if you:
1. Include Council owned land in the bottom right of the plan below, part of the farm as residential development
2. If you include the school as part of the residential development (contrary to GLA guidance)
The rest of the Neighbourhood Plan has also been ignored.
The same has happened at the:
• OHG Bellamy Close scheme – Council report did not mention
weight of the Plan
• Westferry Printworks where the Council said “it has been agreed
in the supplementary SoCG that the above policies do not have
any new material implications for this appeal.” & barely mention
the Neighbourhood Plan in the documents
• Ensign House on Marsh Wall
14 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDAASDA Crossharbour – Water! Thames Water email 12th February 2021
Water Comments Following initial investigations, Thames
Thames Water submitted a number of similar emails about fresh Water has identified an inability of the existing water
water supplies in 2020 & 2021 – most recently 12th February network infrastructure to accommodate the needs of this
development proposal. Thames Water have contacted the
2021 – see to the right
developer in an attempt to agree a position on water
Below is how the Council report summarized it. networks but have been unable to do so in the time available
and as such Thames Water request that the following
There is a lot of detail on sewage & wastewater in the report, condition be added to any planning permission. No
none about freshwater. development shall be occupied until confirmation has been
In effect the hope/expectation is that Thames Water will expand provided that either:- all water network upgrades required to
their networks before the 1st homes are ready to occupy accommodate the additional flows to serve the development
We have been asking them since 2015 when they will do this have been completed; or - a development and infrastructure
phasing plan has been agreed with Thames Water to allow
development to be occupied. Where a development and
Council Report - Thames Water section infrastructure phasing plan is agreed no occupation shall take
5.120 Subject to approval, conditions required to secure; foul water place other than in accordance with the agreed housing and
drainage capacity including development and infrastructure phasing infrastructure phasing plan. Reason - The development may
plan and completion of wastewater network upgrades; surface water lead to no / low water pressure and network reinforcement
drainage capacity including development and infrastructure phasing works are anticipated to be necessary to ensure that
plan and completion of wastewater network upgrades; piling method sufficient capacity is made available to accommodate
statement; water infrastructure network upgrades including additional demand anticipated from the new development"
development and infrastructure phasing plan
15 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDAASDA Crossharbour – Sunlight/Daylight
The groups of properties that are considered to experience overall
significant daylight effects (that is moderate or major adverse) are
33-39 Friars Mead, 41-47 Friars Mead, 49-55 Friars Mead, 5-35
Glengall Grove, 47-65 Glengall Grove and Benedict Court.
The language is difficult to understand, written and not visual
But can use 3D models like Vu.City to see the visual impact.
But planning officers do not seem keen to use it.
But this is a material planning issue
16 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDAASDA Crossharbour – Material Planning Considerations
APPENDIX “A”
(To Planning Code of Conduct)
COUNCIL GUIDELINES FOR DETERMINING PLANNING APPLICATIONS
APPLICATIONS UNDER THE TOWN & COUNTRY PLANNING
ACT 1990
(i) The emphasis in determining applications is upon a plan led system. Section 38(6) of
the Planning and Compulsory Purchase Act 2004 and section 70(2) of the Town and
Country Planning Act 1990 requires all planning applications to be determined in
accordance with the Development Plan (comprised of the London Plan (produced by
the Mayor of London), Local Plan and Neighbourhood Plans (should any be adopted))
and any other material considerations. If the Development Plan is material to the
application then the statutory position is that the application must be determined in
accordance with the Development Plan unless material considerations indicate
otherwise.
( ii ) The term “other material considerations” has a wide connotation as expressed by the
following judicial comment:-
“………….I find it impossible, however, to accept the view that such considerations are
limited to matters relating to amenity………it seems to me that any consideration
which relates to the use and development of land is capable of being a planning
consideration”.
( iii ) Material considerations include national planning guidance in the form of Government
Circulars, Planning Policy Guidance Notes, Non-Statutory Development Control
Guidelines and case law. A ministerial statement may be a material consideration.
( iv ) Material considerations can include (but are not limited to):-
(a) Local, strategic, national planning policies and policies in the Development Plan;
(b) Emerging new plans which have already been through at least one stage of
public consultation;
(c) Government and Planning Inspectorate requirements - circulars, orders,
statutory instruments, guidance and advice;
(d) Previous appeal decisions and planning Inquiry reports;
(e) Principles of Case Law held through the Courts;
(f) Loss of sunlight (based on Building Research Establishment guidance);
(g) Overshadowing/loss of outlook to the detriment of residential amenity (though
not loss of view as such);
(h) Overlooking and loss of privacy;
(i) Highway issues: traffic generation, vehicular access, highway safety;
Part A5 – Codes and Protocols - Page | 398
17 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDAASDA Crossharbour – Reasons for a rejection? Top 5 reasons to justify a rejection – draft (In italics are the Council constitution or Local Plan policies) 1. ( f ) Loss of sunlight (based on Building Research Establishment guidance); (g) Overshadowing/loss of outlook to the detriment of residential amenity (though not loss of view as such); The groups of properties that are considered to experience overall significant daylight effects (that is moderate or major adverse) are 33-39 Friars Mead, 41-47 Friars Mead, 49-55 Friars Mead, 5-35 Glengall Grove, 47-65 Glengall Grove and Benedict Court to quote the Council report. 2. Local Plan policy D.OWS3 Open space and green grid networks - The application only provides 66% of the open space required, puts even more pressure on scarce open space 3. (l) Capacity of physical infrastructure, e.g. in the public drainage or water systems; Thames Water repeated comments on fresh water supply in 2020 & 2021 and developer not responding on this point. 4. Neighbourhood Plan - Policy D1 A – Council including non-residential land in the calculation of the residential land area incorrectly 5. (p) Adverse impact on nature conservation interests & biodiversity opportunities; impact on farm & the flora and fauna in it 6. (i) Highway issues: traffic generation, vehicular access, highway safety; parking impact from the 88 three bed or larger social rent properties entitled to street parking permits not considered Suggested fall back – build the earlier permitted planning application PA/11/03670 for 850 homes approved in 2012 but never built. 18 Isle of Dogs Neighbourhood Planning Forum 3rd June ASDA
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