For advice on how to make further written submissions or... please contact Governance & Democracy by emailing
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Information is also available on the Lambeth website www.lambeth.gov.uk/democracy Site address Sainsbury’s, 62 Wandsworth Road, London, SW8 2LF Ward Oval Proposal Full detailed planning permission for the demolition of the existing retail store and petrol station and the erection of a replacement retail store (7,432msq net trading floorspace (13,059msq gross internal floor area); childrens tutoring facility (298msq); lobby/circulation space (1,707msq); energy centre (779msq); flexible retail, community floorspace (787msq); office floorspace (1,860msq) and 645 residential units with ancillary gymnasium arranged in seven blocks including towers of 19, 28 and 37 storeys; 363 retail and 148 residential parking spaces; 882 cycle spaces together with associated open space, childrens play space, landscaping and public realm improvements along Wandsworth Road and a new route from Wandsworth Road to New Covent Garden; Outline planning permission (with appearance, landscaping and access to be Reserved Matters) for 105msq of flexible A1, A2, A3, A4, D1 floorspace and 92 dwellings within 2 blocks. In addition outline planning permission is also sought for a further 1736msq of flexible floorspace for use in association with the proposed Nine Elms Northern Line station or A1, A2, A3, A4, D1 use. (Amended description of development to include (a) a correction to the number of affordable housing units within Phase 2 from 66 to 92 units and (b) include the potential provision for the 92 Affordable Housing units in Phase 2 to be provided off-site) Application type “Hybrid” (part full/part outline) Application ref(s) 11/02326/OUT Validation date 06.09.2012 Case officer details Kevin Tohill 02079265021 ktohill@lambeth.gov.uk Applicant Sainsbury’s Supermarkets Ltd Agent Turley Associates, London SE10 9QX Considerations/constraints Environmental Agency flood Zone Opportunity Area. For advice on how to make further written submissions or to register to speak on this item, please contact Governance & Democracy by emailing democracy@lambeth.gov.uk or telephoning 020 7926 2170. Information is also available on the Lambeth website www.lambeth.gov.uk/democracy Approved plans T-90T00; B20E01-04, BS20E01; B20P00; B20S01-04; T-20E00 – 04; T20P-1 T20P00 – 39; T20S01 O4; T20S04MP; T20S05 -09; TA20E01 – 02; TA20P02; O8; Block B: T-B20P00; 01;02 06; Block C: TC20e01 – 03; TC20P01; 03; 04; 05; 08; 09; Block D: T-D20E01; 02; TD20P00; 01; 03; 04; 05; 13; 14; 17; BLOCK E: T-E20P04; 05; 09; 10; BLOCK F: TF20E01; 05; 09; 10; TF20P04; 05; 09; BLOCK G: T-G20E01; O2; T-G20P00 – O5; TG20P06 – 14; TG20P15; TG20P16 – 20; 21 – 24; 25-27; 28 – 31; 32. BLOCK H: TH20E01; 02; TH20P010;03; 04 05; 06; 09; 10; BLOCK K: TK20E01;02; TK20P02; 03; 04; 13; 18; 19; 23; 24; 25; 26; 27. Planning Statement; Design and Access Statement; Environment Statement (volumes 1, 2, 3 and non-technical summary); Energy Strategy; Energy Strategy Report; Sustainability Statement; Retail Planning statement; Statement of Community Involvement; Toolkit Viability Report (confidential) Response to Lambeth Review of Nine Elms (August 2011); Response to GLA Review of Nine Elms (January 2012). Recommendation(s) Grant planning permission subject to conditions, the completion of a S106 Agreement and stage 2 referral to the GLA. For advice on how to make further written submissions or to register to speak on this item, please contact Governance & Democracy by emailing democracy@lambeth.gov.uk or telephoning 020 7926 2170. Information is also available on the Lambeth website www.lambeth.gov.uk/democracy Report Review: Department(s) or Organisation(s) Date consulted Date response received Governance & Democracy (legal) 08/07/2013 09/07/2013 Comments summarised in para Comments incorporated throughout report. Consultation: See original planning committee report for details. Background documents Case File (this can be accessed via the Planning Advice Desk, Telephone 020 79261180) For advice on how to make further written submissions or to register to speak on this item, please contact Governance & Democracy by emailing democracy@lambeth.gov.uk or telephoning 020 7926 2170. Information is also available on the Lambeth website www.lambeth.gov.uk/democracy Executive Summary Planning application ref: 11/02326/OUT was approved by PAC on 12th June 2012. However planning permission has not as yet been issued due to negotiations over the delivery of the Northern Line Extension (NLE) which would occupy Phase 2 of the development where the 92 social rented units were to have been built above the station box. It is now apparent that TfL will not pass the site back to Sainsbury’s but will build out the Over Station Development (OSD), themselves. As this will not be built and in operation until approximately 2020 officers are exploring options for earlier delivery of the units off-site. Since the PAC on 12th June 2012, it has also come to light that the original description of development in the original report was incorrect and that in fact there are 92 units within the phase 2 outline part of the scheme and not 66. This was an error on the application forms although the plans accompanying the application always showed 92 units. This report therefore seeks committee approval to amend the description of development and to amend the heads of terms of the proposed s106 to allow the provision of the 92 social rented units in phase 2 to be provided off-site. All other aspects of the application remain the same as previously reported to PAC. 1 1.1 Summary of Main Issues • That Members take note that the original description of development was incorrect and that there are in fact 92 residential units within phase 2 and not 66. • In light of the recent TfL Transport Works Act Order (TWAO) submission to the Secretary of State, which would compulsorily purchase the outline part of the site, whether the provision of the phase 2 social rented affordable housing would be acceptable off-site. 2 Site Description 2.1 The site is occupied by a single storey supermarket comprising retail floorspace, a petrol filling station and a surface level car park providing 363 parking spaces. The existing store is set back from Wandsworth Road which runs along the east side of the site and is oriented with its rear adjacent to the railway viaduct which runs east – west along the northern boundary. Pascal Street and the Banham Security building define the southern boundary. 2.2 The existing vehicular and pedestrian accesses into the site are from Wandsworth Road with the vehicular exit routed via Pascal Street. Servicing access to the store is from the west, separate from the main customer access. 2.3 The site lies within the Vauxhall Nine Elms Battersea Opportunity Area (VNEB OA) as defined by the GLA. At borough level the site lies with the South East Regeneration Arc, one of four distinct quarters, as defined in the Council’s Supplementary Planning Document for Vauxhall. 2.4 The site does not lie within a conservation area, nor does it contain any listed buildings. 2.5 The site benefits from a PTAL rating of 6a which is the highest possible rating for public transport accessibility. 2.6 The site lies within Flood Zone 3 being approximately 330 to the south of the River Thames. 3 Relevant Planning History 3.1 Sainsbury’s has occupied the application site since the early 1980’s. Planning permission was granted on 4th March 1981 for the erection of a new supermarket comprising 4216 sqm of floorspace with associated ancillary facilities. This permission also included a new vehicular access and the erection of boundary walls and gates. The development was completed in August 1982. Further extensions were approved in 1984, 1992 and in 1993 planning permission was granted for the erection of a petrol filling station on the site. 3.2 A final extension to the original superstore was permitted in 1996 and since the late 1990’s there has been little change to the site, relevant to the consideration of this planning application. 3.3 In the 12th June 2012 Lambeth Planning Applications Committee resolved to grant permission (subject to the completion of a Section 106 agreement) for: A part detailed and part outline planning application comprising: Full detailed planning permission for the demolition of the existing retail store and petrol station to allow for the erection of a replacement retail store (7,432msq net trading floorspace (13,059msq gross internal floor area), childrens tutoring facility (298msq), lobby/circulation space (1,707msq), energy centre (779msq), flexible retail, community floorspace (787msq), business, office floorspace (1,860msq) and 671 residential units with ancillary gymnasium (369msq) arranged in seven blocks including towers of 19, 28 and 37 storeys. Also proposed are 363 retail and 148 residential parking spaces, 882 cycle spaces together with associated open space, childrens play space, landscaping and public realm improvements along Wandsworth Road and a new route from Wandsworth Road to New Covent Garden. Outline planning permission (with appearance, landscaping and access to be Reserved Matters) for 105msq of flexible A1, A2, A3, A4, D1 floorspace and 66 dwellings within 2 blocks. In addition outline planning permission is also sought for a further 1736msq of flexible floorspace for use in association with either the proposed Nine Elms Northern Line station or A1, A2, A3, A4, D1 use. 3.4 The outline element of this application (Phase 2) was to be located above the site of the proposed northern line extension station at Nine Elms and once the station box was built. Sainsbury’s would then have been able to finalise details of the outline part of the application and build this out including the affordable housing proposed. The approved development included 144 affordable housing units in total (20%) within the development. 52 intermediate housing units within Phase 1 and 92 social housing units within Phase 2 over the station box. 3.5 Planning permission was granted by Lambeth Planning Committee on the 21st May 2013 for: Demolition of existing filling station and erection of temporary supermarket on the existing Sainsbury's car park site, located on the corner of Wandsworth Road and Pascal Street, comprising of: 1,279 sq m (GIA) of retail floorspace, 21 car parking spaces, service yard, mechanical plant equipment at roof level and associated landscaping, trolley shelter, cycle parking and alterations to existing access points. The temporary Store would enable Sainsbury’s to maintain a continued retail presence on the site during the construction of the development. 3.6 TfL submitted a Transport Works Act Order (TWAO) application to the Secretary of State for Transport on 30 April 2013. The TWAO application seeks powers to build and operate the Northern Line Extension. The NLE project proposes to extend the Charing Cross branch of the Northern line, from Kennington to Battersea, including an intermediate station at Nine Elms and a terminus at Battersea, close to Battersea Power Station (BPS). The extension will pass through the London boroughs of Wandsworth, Lambeth and Southwark. 4 Proposed Development 4.1 The proposed development would remain the same as that approved on the 12th June 2012 by Planning Applications Committee however the description of development would change to read: Full detailed planning permission for the demolition of the existing retail store and petrol station and the erection of a replacement retail store (7,432msq net trading floorspace (13,059msq gross internal floor area); childrens tutoring facility (298msq); lobby/circulation space (1,707msq); energy centre (779msq); flexible retail, community floorspace (787msq); office floorspace (1,860msq) and 645 residential units with ancillary gymnasium arranged in seven blocks including towers of 19, 28 and 37 storeys; 363 retail and 148 residential parking spaces; 882 cycle spaces together with associated open space, childrens play space, landscaping and public realm improvements along Wandsworth Road and a new route from Wandsworth Road to New Covent Garden; Outline planning permission (with appearance, landscaping and access to be Reserved Matters) for 105msq of flexible A1, A2, A3, A4, D1 floorspace and 92 dwellings within 2 blocks. In addition outline planning permission is also sought for a further 1736msq of flexible floorspace for use in association with the proposed Nine Elms Northern Line station or A1, A2, A3, A4, D1 use. 5 Consultations and Responses 5.1 A press notice was published in the Weekender Press on 15th June 2012. 5.2 Site notices were displayed adjacent to the application site on 15th June 2012. 5.3 A new set of consultation letters were also sent to neighbouring residents and local amenity groups on 12th June 2013 notifying residents of these proposed changes. 5.4 Internal consultation The Council’s Housing team have been working with planning officers and the applicant, looking at various different sites within the borough. Housing fully support the proposal of off-site affordable housing provision in the specific circumstances surrounding the NLE station site. No. of sent 2263 Letters No. of Objections No. in support Comments 1 0 1 Material planning objections Officer Response Whilst not objecting to the full proposal I would like to object to the application to include such a large amount of D1 floorspace within the development as the migration of local healthcare and clinic facilities into the development would result in patients not using the facilities already adequately provided in the community from nearby surgeries, health centers and pharmacies and this would result in a reduction of choice for patients and ultimately reduction the service provided. If there is an increase in population the existing facilities should be upgraded and there would be availability of capital within the local economy to do so with either public or private sources or a combination of both. The transfer of any large number of patients to the development would also be detrimental to the local economy as a lot of the users of the local surgeries would no longer pass by the shops and restaurants and use these facilities as they do now. Movement away from pharmacies of any local gp practices may also render these not viable and any closure would result patients again losing valuable healthcare resources. Objection raised to the erection of a 40 storeys tower on the boundary on the site which will cause major overshadowing and loss of light. The levels of D1 floorspace have already been agreed by Planning Committee in 2012. 6 The tallest tower within the development would be 37 storeys and located to the north of the site, not adjacent to any existing residential dwellings. Planning Policy Considerations National Guidance 6.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning decisions to be made in accordance with the development plan unless material considerations indicate otherwise. The development plan in Lambeth is the London Plan (‘consolidated with Alterations since 2004’ published in February 2008), the Lambeth Core Strategy (adopted 19 January 2011) and the remaining saved policies in the ‘Lambeth Unitary Development Plan (UDP) 2007: Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011’. Material considerations include national planning policy statements and planning policy guidance. 6.2 On 27th March 2012, the Government published the National Planning Policy Framework. This document had the immediate effect of replacing various documents including, amongst other documents, PPS1, PPS3, PPS4, PPS5, PPS12, PPG13, PPG17 and Circular 05/2005: Planning Obligations. 6.3 The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. It reinforces the Development Plan led system and does not change the statutory status of the development plan as the starting point for decision making. The NPPF sets out that the National Planning Policy Framework must be taken into account in the preparation of local and neighbourhood plans, and is a material consideration in planning decisions. Moreover, it sets out that in assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development. The London Plan 2011 6.4 The London Plan was published in July 2011 and replaces the previous versions which were adopted in February 2004 and updated in February 2008. The London Plan is the Mayor’s development strategy for Greater London and provides strategic planning guidance for development and use of land and buildings within the London region. 6.5 The London Plan is the overall strategic plan for London, and it sets out a fully integrated economic, environmental, transport and social framework for the development of the capital over the next 20-25 years. It forms part of the development plan for Greater London. All Borough plan policies are required to be in general conformity with the London Plan policies 6.6 GLA Supplementary Planning Guidance on Housing (2012) The Supplementary Planning Guidance on Housing (2012) sets out guidance to supplement the housing policies in the 2011 London Plan. 6.7 Lambeth LDF Core Strategy (2011) 6.8 The following policies are considered to be of relevance to the assessment of this application: • • • Policy S1 – Delivering the Vision and Objectives Policy S2 – Housing Policy S10 – Planning Obligations 6.9 London Borough of Lambeth Unitary Development Plan (2007): ‘Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011’ 6.10 The following policies are considered to be of relevance to the assessment of this application: • Policy 15 – Additional Housing • Policy 16 – Affordable Housing 7 Description of Development 7.1 It should be noted that the original description of development was not accurate and the outline part of the scheme actually included 92 affordable housing units, not 66 as stated in the committee report. This inaccurate description of development was submitted in error by the developer on the application forms. However, the approved plans and housing tenure tables within the committee report are accurate and do reflect the finally agreed layouts. Officers are therefore seeking Committee approval to amend the description of development. 8 Affordable Housing Provision 8.1 Prior to this application going before the Planning Applications Committee in June 2012 discussions regarding the NLE were not completed and it was hoped at that time that Sainsbury’s would be able to complete phase 2 of their scheme once TfL had completed the station works. 8.2 However following the submission of the TWAO at the end of April TfL’s plans are now finalised and it has become apparent that Sainsbury’s would not be getting the southern part of the site back from TfL following the compulsory purchase of the site. Furthermore the northern line station box would not be completed until 2020 at the earliest raising concern regarding deliverability of the Sainsbury’s on site affordable housing within a reasonable timeframe. 8.3 Officers considered this to be an opportunity to revisit the scheme to allow for an earlier delivery of the affordable housing albeit through an off-site provision. As such discussions have been ongoing with the applicants and the Council’s Housing and Planning departments to find a site which could accommodate the 92 social rented affordable housing units which are to be provided in the outline phase 2 development, as part of this scheme but which fall on the TfL NLE site. 8.4 The original application on this site consisted of the provision of 144 social and intermediate housing units. Of the 144 affordable homes 52 intermediate affordable housing units would be built within phase 1 and would be built out as approved and the 92 social rented units were to be located on the phase 2 (NLE) site. 8.5 Sainsbury’s throughout negotiations sought to maintain a flexible approach to allow the NLE to progress unhindered. All stakeholders agreed that the NLE is a strategically important piece of infrastructure necessary for the wider regeneration of the VNEB Opportunity Area. 8.6 Officers consider the need to deliver the NLE constitutes exceptional circumstances and that off-site provision should be a fully explored in this instance. Sainsbury’s, TfL and Lambeth Officers are currently working together to identify a suitable site for the offsite affordable housing as close to the Sainsbury’s Nine Elms site as possible and in any event no more than one mile from the site. Any off-site provision should provide at least the equivalent of the 92 units already agreed although the unit mix could be changed to better reflect housing need e.g. Increasing the proportion of larger family units. 8.7 Lambeth housing and planning officers are currently working with the applicant to identify sites which could have the capacity to provide the 92 affordable housing units. Using Council owned sites as per the Shell Centre application, Sainsbury’s would potentially be able to deliver the affordable housing provision years earlier than possible under the current NLE timescale and possibly provide additional or larger units for the same cost as the proposed on-site provision. 8.8 Should Sainsbury’s be unable to acquire a site and develop out a scheme to cover the affordable housing as approved by planning committee (92 social rented units), this obligation would cascade down onto TfL within the s106, to deliver the affordable housing on the over station development site once the NLE is completed as per the original committee decision. As such this off-site provision is considered to be a positive outcome for the Council. Delivering affordable housing early and potentially more, larger units, with the fall back that it would be provided as per the previous decision by TfL. TfL have confirmed that they are happy for the fall-back position to be included in the revised s106. 8.9 The different delivery options are still being explored but Sainsbury’s have committed to being responsible for the construction of the new homes and leaving the Council the flexibility to select a delivery model to suit its wider objectives; for example the completed units could be transferred back to the Council to be retained as Council housing in their ownership or the homes could be transferred to a Registered Provider. 8.10 Lambeth Housing officers support the principle of off-site provision in this case. The proposed off-site affordable housing units should comply with the Lambeth social rent model principles as per the original report. This would be secured as part of the Section 106 Agreement and as the application decision showed 92 units, Officers recommend that the final decision notice should be amended to refer to 92 units within Phase 2 of the scheme. 9 Conclusion 9.1 In light of the exceptional circumstances in this case, with TfL retaining the site beyond 2020, officers consider that off-site provision of the social rented affordable housing units could provide an earlier delivery and potentially a better mix (more family sized units) whilst maintaining the fall-back position that TfL would provide the units on site if the off-site affordable provision failed to come forward. 10 Recommendation 1 Amend the description of development to state 92 units within phase 2, not 66; 2 Amend the heads of terms of the proposed Section 106 Agreement to allow for the provision of the 92 social rented housing units, or their equivalent, within phase 2 to be provided off-site within 1 mile of the site or, if this can not be achieved, to require Transport for London to provide the units within their over station development. 3 Delegate to officers to agree the final mix of unit sizes to be delivered off-site. 11 Summary of the Reasons 11.1 In deciding to grant approval for the Deed of Variation to the s106 legal agreement, the Council has had regard to the relevant policies of the development plan and all other relevant material considerations. The development plan in Lambeth is the Lambeth Local Development Framework Core Strategy (adopted 19 January 2011) and the remaining saved policies in the ‘Lambeth Unitary Development Plan (UDP) 2007: Policies saved beyond 5 August 2010 and not superseded by the Core Strategy adopted in January 2011’ and the London Plan (adopted July 2011). Having weighed the merits of the proposed variation in the context of these issues, it is considered that the Deed of Variation be granted. In reaching this decision the following Policies were relevant: London Plan (July 2011) Policy 3.8: Housing choice Policy 3.9: Mixed and Balanced Communities Policy 3.10: Definition of affordable housing Policy 3.11: Affordable housing targets Policy 3.12: Negotiating affordable housing in individual private residential and mixed-use schemes Local Development Framework Core Strategy (2011) Policy S2: Housing Policy S10: Planning Obligations Unitary Development Plan (Policies saved beyond 5th August 2010 and not superseded by the Core Strategy: January 2011) Policy 15 Policy 16 Additional Housing; Affordable Housing. __________________________
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