Westfield Stratford City - in the London Borough of Newham, (London Legacy Development Corporation) - London.gov.uk
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planning report D&P/4178/01 3 April 2017 Westfield Stratford City in the London Borough of Newham, (London Legacy Development Corporation) planning application no. 17/00032/FUL Strategic planning application stage 1 referral (new powers) Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008. The proposal Extension and reconfiguration of the existing shopping centre comprising the change of use of subterranean car parking spaces to provide 14,532 sq.m. (GIA) of new Class A1-A4 retail floorspace, 9,429 sq.m. (GIA) of ancillary and back of house space, 20,238 sq.m. of new car parking (582 spaces), the insertion of three escalator enclosures on Level 14 (The Street), and associated internal and below grade works to facilitate new vehicle, pedestrian and service access arrangements. The applicant The applicant is Westfield Europe Ltd and the architect is Lesley Jones Architecture. Strategic issues summary Land use - The site is located within Stratford Metropolitan Town Centre and the proposed additional retail floorspace is supported (paragraph 14). Convergence - The applicant is proposing measures to provide training opportunities for local people (paragraphs 16-18). Urban design - The scheme is primarily underground and does not raise strategic urban design issues, providing existing connectivity is retained (paragraph 19). Inclusive design - The general approach to inclusive design is supported however further details of the Blue Badge parking is required (paragraphs 20 and 22). Transport - A number of strategic transport matters issues still need to addressed, in particular the scheme’s potential impact on Stratford regional station (paragraph 22). Recommendation That the London Legacy Development Corporation be advised that the application does not comply with the London Plan, for the reasons set out in paragraph 28 of this report; but that the possible remedies set out in the paragraph could address these deficiencies. The application does not need to be referred back to the Mayor if the Corporation resolves to refuse permission, but it must be referred back if the Corporation resolves to grant permission. page 1
Context 1 On the 20 February 2017 the Mayor of London received documents from the London Legacy Development Corporation notifying him of a planning application of potential strategic importance to develop the above site for the above uses. Under the provisions of The Town & Country Planning (Mayor of London) Order 2008, the Mayor has until the 3 April 2017 to provide the Corporation with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking those views. The Mayor may also provide other comments. This report sets out information for the Mayor’s use in deciding what decision to make. 2 The application is referable under Category 1B.1c: of the Schedule to the Town and Country Planning (Mayor of London) Act 2008, (Development outside Central London and with a total floorspace of more than 15,000 square metres) of the Schedule to the Order 2008. 3 Once the London Legacy Development Corporation has resolved to determine the application, it is required to refer it back to the Mayor for his decision, as to whether to direct refusal or allow the Corporation to determine it itself, unless otherwise advised. In this instance if the Corporation resolves to refuse permission it need not refer the application back to the Mayor. 4 The Mayor of London’s statement on this case will be made available on the GLA website www.london.gov.uk. Site description 5 The application site is 2.48 hectare in size and falls within Zone 1 of the wider (73 hectare) Stratford City Masterplan which was granted outline planning permission by Newham Council in February 2005. This zone includes the existing Westfield Stratford Shopping Centre, together with office, leisure, hotel and residential uses. The application site is located within and underneath the existing shopping centre, to the north of Stratford regional station. The nearest section of the Transport for London Road Network (TLRN) is the A12 accessed at Lea Bridge/Ruckholt Road approximately 1.5km away, and the nearest part of the Strategic Road Network (SRN) is Leyton Road, approximately 750m away. 6 Stratford station provides access to London Underground services on the Jubilee and Central lines, two Docklands Light Railway (DLR) branches, London Overground and National Rail services. Crossrail (Elizabeth Line) services will operate from the station from 2019. Bus services stop at the Stratford City bus station and at bus stops along Westfield Avenue. In the vicinity of the site there is also a taxi rank, and cycle hire docking station on Montfitchet Road. It is estimated that the whole site records the highest public transport accessibility level (PTAL) of 6b, on a scale of 1-6. 7 The site is also within the Stratford sub-area of the Olympic Legacy Supplementary Planning Guidance (OLSPG) and is designated as an ‘Area of Change’. Details of the proposal 8 The applicant is seeking full planning permission for: The change of use of existing subterranean car parking spaces to provide 14,532 sq.m. (GIA) of new Class A1-A4 retail floorspace and 9,429 sq.m. (GIA) of ancillary and back of house space. page 2
20,238 sq.m. of replacement car parking (578 spaces) to replace the current 1,179 spaces within the application site. This would result in a reduction of 601 spaces. The insertion of three new escalator structures on Level 14 (The Street). Associated internal and below grade works to facilitate new vehicle, pedestrian and service access arrangements. Strategic planning history 9 As set out above, outline planning permission for Stratford City was granted in February 2005 by the London Borough of Newham (LBN ref: P/03/0607, GLA ref: PDU/2296 ); which approved the comprehensive mixed use development of the former Stratford Railway Lands and established a series of parameters for matters such as land profile, building heights and access arrangements. This permission was varied in 2006 and 2007, and a new permission was granted by the Olympic Delivery Authority in March 2012 (LPA ref: 10/90641/EXTODA, GLA ref: PDU/ 1681z). 10 The applicant met with GLA officers in February 2017 to discuss its proposals and was advised that the principle of such an expansion was supported at it was within Stratford’s Metropolitan Town Centre which the London Plan identifies as having the potential for significant additional growth, that the loss of circa 600 carparking spaces was not seen as problematic, that TfL would have to be satisfied with the new access arrangements and any potential impacts on the already “stressed” Stratford regional station, and that existing public access along “The Street” should be maintained. Strategic planning issues and relevant policies and guidance 11 The relevant issues and corresponding policies are as follows: Land use principles London Plan; Town Centres London Plan; Town Centres SPG; Urban design London Plan; Shaping Neighbourhoods: Character and Context SPG; London Plan; London View management framework SPG Inclusive access London Plan; Mayor’s Accessible London SPG; Sustainable development London Plan; Sustainable Design and Construction SPG; Mayor’s Climate Change Adaptation Strategy; Mayor’s Climate Change and Energy Strategy; Mayor’s Water Strategy; Transport and parking London Plan; the Mayor’s Transport Strategy; Crossrail London Plan; Mayoral Community Infrastructure Levy. 12 For the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the development plan in force for the area is the London Legacy Corporation’s Local Plan (2015) and the 2016 London Plan (Consolidated with Alterations since 2011). 13 The following are also relevant material considerations: Olympic Legacy Supplementary Planning Guidance (OLSPG), (2012); The National Planning Policy Framework, Technical Guide to the National Planning Policy Framework and the National Planning Policy Guidance. page 3
Land use 14 The applicant submitted its proposals as the existing shopping centre is benefiting from a higher than anticipated footfall and the proposed extension would allow some 60-70 new shops to be created (which broadly equates to 10% of the centre’s existing retail floorspace), and is intended to provide new space for the centre’s existing “overtraders” and for currently not present retailers. 15 As set out above, this additional retail accommodation is supported as the site is located within Stratford’s Metropolitan Town Centre which the London Plan identifies as having the potential for significant additional growth, which this application will help achieve. The 2012 Games and their Legacy 16 Policy 2.4 of the London Plan commits the Mayor’s to use the 2012 Games to deliver fundamental economic, social and environmental change within east London and to close the deprivation gap between the Olympic Host Boroughs and the rest of London. This is known as convergence. 17 The application site is within the area covered by the Mayor’s OLSPG, which provides advice on how his strategic planning priorities should be applied. Specifically, the application site is within the OLSPG’s Stratford sub-area that envisages Stratford becoming a thriving metropolitan centre with strong connections between the existing town centre and its surrounding areas. The OLSPG’s core development principle addresses convergence and states that planning applications in the OLSPG area should demonstrate how they will help close the deprivation gap between the Olympic host boroughs and the rest of London and that one way this can be done is for planning applications in the OLSPG area that propose more than 1,000 sq.m. of new floorspace or uses to include a statement setting out how they will help achieve convergence outcomes. 18 The applicant has produced such a statement and has offered to provide local employment initiatives during construction and operational phases. This is welcomed and should be confirmed and robustly secured within any planning permission. Urban design 19 The scheme is fundamentally underground, with only very minor visible alterations - primarily to the reconfigured vehicle entrances. The only strategic urban design matter the scheme therefore raises relates to the impact of the three new escalator structures within The Street which should be designed to allow for unencumbered, safe public connectivity as it provides very important pedestrian connectivity into and from the Queen Elizabeth Olympic Park. Inclusive design 20 The aim of London Plan Policy 7.2 is to ensure that proposals achieve the highest standards of accessibility and inclusion. The application replicates the established approach to inclusive design by repeating the layout, lifts and access arrangements, which in turn is considered to address these matters well. The application is therefore supported in inclusive design terms, providing the applicant can confirm sufficient Blue Badge parking spaces would be provided as set out below. page 4
Energy 21 The applicant provided information setting out its approach to energy at the pre- application stage and submitted additional material as part of its application that satisfactorily clarifies or addresses outstanding matters. The application is therefore supported in energy terms. Transport 22 TfL officers held a pre-application meeting with the applicant in December 2016 and have assessed the submitted technical material. In summary, TfL has identified a number of strategic transport issues which need to be addressed in order to demonstrate full compliance with the London Plan, primarily in relation to the scheme's potential impact on Stratford regional station which currently suffers from peak time overcrowding. These are: The need to fully quantify the scheme’s impact on Stratford regional station, in particular the already congested areas in and around its subways and gatelines, current and anticipated peaks, and “event days”. This will require further trip generation analysis to be undertaken. An assessment of the proportion of people with reduced mobility (PRMs) who would use the station. The need for and possibility of pedestrian and cycle improvements in the vicinity of the site. The proposed level of Blue Badge parking, cycle spaces and Electric Vehicle Charging Points (EVCPs), and ways to future-proof the development. Providing evidence that delivery and servicing impacts have been fully considered. Clarifying construction impacts and phasing. Confirmation that the proposed escalator enclosures and the additional people the expanded centre would attract would not constrain the area’s wider connectivity, particularly on “event days”. More thorough assessment of the impact on the modal choice of visitors following the Elizabeth Line’s opening in 2019. Finally, the applicant should make a contribution towards the TfL led “Stratford Station Strategy Study”, either by a financial contribution towards the Outcome Definitions Study or off-peak station surveys, with the amount requested to be confirmed following the further assessments required. Crossrail 23 The Mayor has introduced a London-wide Community Infrastructure Levy (CIL) to help implement the London Plan, particularly policies 6.5 and 8.3. The Mayoral CIL formally came into effect on 1 April 2012, and will be paid on commencement of most new development in Greater London granted planning permission on or after that date. The Mayor's CIL will contribute towards the funding of Crossrail. 24 The Mayor has arranged boroughs into three charging bands. The rate for Newham is £20/sq.m. The required CIL should be confirmed by the applicant and the LLDC once the components of the development or phase thereof have themselves been finalised. See the 2010 regulations: http://www.legislation.gov.uk/ukdsi/2010/9780111492390/contents as amended by the 2011 regulations: http://www.legislation.gov.uk/uksi/2011/987/made. page 5
Local planning authority’s position 25 This is not known at this stage. Legal considerations 26 Under the arrangements set out in Article 4 of the Town and Country Planning (Mayor of London) Order 2008 the Mayor is required to provide the local planning authority with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. Unless notified otherwise by the Mayor, the London Legacy Development Corporation must consult the Mayor again under Article 5 of the Order if it subsequently resolves to make a draft decision on the application, in order that the Mayor may decide whether to allow the draft decision to proceed unchanged or direct the London Legacy Development Corporation under Article 6 of the Order to refuse the application. There is no obligation at this present stage for the Mayor to indicate his intentions regarding a possible direction, and no such decision should be inferred from the Mayor’s statement and comments. Financial considerations 27 There are no financial considerations at this stage. Conclusion 28 London Plan policies on the 2012 Games and their Legacy, land use, urban design, inclusive design, energy and transport are relevant to this application. The application is broadly supported and complies with some of these policies but not with others for the reasons set out above. The changes suggested below might remedy these deficiencies, and could possibly lead to it becoming compliant with the London Plan: Land use - The proposed additional retail floorspace is supported. Convergence - The proposed measures to provide training opportunities for local people is supported and should be secured within any approval. Urban design - The scheme does not raise strategic urban design issues providing existing connectivity is retained. Inclusive design - The general approach to inclusive design is supported however further details of the Blue Badge parking is required. Energy - The application accords with London Plan policy. Transport - A number of strategic transport matters issues still need to addressed, in particular the scheme’s potential impact on Stratford regional station. for further information, contact: Colin Wilson, Senior Manager – Development and Projects 020 7983 4783 email colin.wilson@london.gov.uk Sarah Considine, Strategic Planning Manager (Development Decisions) 020 7983 4751 email sarah. considine@london.gov.uk Lyndon Fothergill, Principal Strategic Planner (Case Officer) 020 7983 4512 email lyndon.fothergill@london.gov.uk page 6
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