News
London planning news, December 2022
21 Dec 2022|
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Lambeth has expectations tempered and Article 4 directions modified
The scope of a series of Article 4 directions proposed by the London Borough of Lambeth to restrict national permitted development rights were reduced significantly by Simon Clarke, the then Secretary of State for Levelling Up, Housing and Communities, in October.
Lambeth attempted to disapply Class MA permitted development rights in the Brixton Creative Enterprise Zone, which includes Brixton town centre; Streatham town centre; Clapham High Street primary shopping area and nine locations in and around Clapham High Street town centre; and the West Norwood / Tulse Hill primary shopping area. Normally, the GDPO would allow for change of use for business, service, and commercial uses (Class E) to residential (Class C3).
The decision states that the Article 4 direction did not take a “sufficiently targeted approach” in its assessment of the “wholly unacceptable adverse impacts” that it could have. It suggests that this would limit “new opportunities for the conversion of vacant commercial buildings to support housing delivery, economic recovery, and high street regeneration”. The decision proceeds to clarify that Article 4 directions should be approached in such a way that it applies “only to the smallest geographical area possible”. The Chief Planner’s modifications thus significantly decrease the areas on which the Article 4 is applied, in stricter alignment with the NPPF. Planning Practice Guidance provides that the Secretary of State will only intervene in Article 4 Directions where there are clear reasons for doing so.
This follows letters sent to four other London authorities looking to limit the scope of Directions: City of Westminster, Richmond upon Thames, Wandsworth, and RB Kensington and Chelsea (see this blog).
The use of these powers by the SoS is indicative of a divergence in what the mayor – who has previously provided evidence in support of Article 4 Directions for London’s Central Activities Zone and other town centres – and DLUHC see to be the future of Commercial space in London.
Mayor seeks higher standards from social housing providers
Sadiq Khan has warned London’s social housing providers of stricter measures to raise standards after an extended period of scrutiny from the media and the public. He is not prepared to wait for the Social Housing Bill to be passed through Parliament before tenants start to experience higher standards. Measures that the Mayor has threatened include a pause on entering new GLA capital funding contracts; accessing grants for additional projects under existing funding agreements; and drawing down grants for projects under agreed funding arrangements. In “extreme circumstances” all funds would be rescinded and providers would be stripped of their GLA investment partner status. Additional scrutiny will also be applied to incoming – and re-qualifying – investment partners, who must demonstrate compliance with “all regulatory standards” set out in the mayor’s 2021-26 Affordable Homes Programme.
The London Assembly Planning and Regeneration Committee has published a letter on 23rd September 2022 to the Mayor on how he can strengthen planning design guidance for Gypsies and Travellers. The recommendations made suggest:
- local authorities should consider the area's needs for community-led housing and Gypsy and Traveller accommodation and consider the designation of small sites for these uses;
- the Small Site Design Codes LPG should include examples of how developers should preserve the footprint of biodiverse habitats within green spaces, when developing small residential sites; and
- the Housing Design Standards LPG should make explicit the detrimental impact of overshadowing of buildings in terms of health, wellbeing and biodiversity.
The future of the London Legacy Development Corporation
Consultation will commence on behalf of the Mayor, on proposals for a reduced Mayoral development Corporation area mostly within the Queen Elizabeth Olympic Park. Town planning powers will return to the four neighbouring boroughs of Hackney, Newham, Tower Hamlets, and Waltham Forest on 1 December 2024. The reduced area will include no parts of Waltham Forest, who will cease to have a representative on the body. The mayor has now written to the Secretary of State for Levelling Up, Housing and Communities to ask him to make the necessary legislative arrangements to transfer LLDC’s town planning powers to the relevant Boroughs on 1 December 2024.
A report from the Corporation’s board members states that from April 2025 LLDC will be a smaller organisation without planning functions, placing efforts on “advancing excellence and equity at Queen Elizabeth Olympic Park”. It is hoped that the Corporation will work closely with the four neighbouring boroughs to be a “strategic leader” that oversees the realisation of an Inclusive Economy. Other roles of the newly stripped-back LLDC will include estate, commercial and asset management, and the completion of the development programme for LLDC owned sites, which will reduce over time until construction is complete around 2032.
A Collaborative Development Management working group is to manage the process of the handover of planning applications and related processes including any transfer of design, inclusive design, and community review panels. As well as this, a Planning Policy Forum will work through planning policy issues including work on Local Plans alongside CIL and legal agreement handover. A bespoke handover to each Borough in relation to the complexities of the multiple Olympic and Legacy Communities masterplan planning permissions is also being prepared.
Future of LLDC, Report to Regeneration and Communities Committee
Future of LLDC: Update on progress, Report to LLDC Board
Queen Elizabeth Park press release: East London Mayors and Leaders to drive inclusive economic growth ambition with Mayor of London in the face of the cost of living crisis
City Hall has announced Bromley, Vauxhall and Woolwich as recipients of a fund to boost high streets at night, helping businesses stay open for longer. The Mayor of London’s office said a £0.5m fund would boost the economies of these parts of London after 6pm – with a package of events and business support as part of his aspiration to make London a 24-hour city, starting on the high street.
The boroughs of Bromley, Lambeth and Greenwich have each been awarded £130,000 to work with businesses and local communities to develop ideas to make high streets more accessible, inclusive and welcoming at night. The money will provide a programme of dedicated support and guidance for the three boroughs to help develop and make the most of their proposals. It will be put towards supporting new events and initiatives, creating high-standard evening jobs, and growing the local economy.
Bromley will work to develop its high street with events such as ‘library lates’ and ‘sporting lates’ - allowing an after dark experience and exclusive access - winter lights and night markets, accompanied by a campaign to raise the profile of the town centre. In addition to this, new ambient lighting will be installed as part of work to make the pedestrianised high street more welcoming.
In Vauxhall, the council plans to activate spaces such as the Pleasure Garden tunnel, and celebrate the area’s LGBTQI+ history through murals designed by local artists. They are also identifying sites within the Vauxhall area that could be used to support culture, entertainment, leisure, education, training and wellbeing after dark.
Woolwich will be delivering a year-round mix of events, encouraging locals and those in other boroughs to think of them as a ‘lates’ destination. They will also be creating a low-level sustainable lighting scheme connecting the town centre and the Royal Arsenal, improving safety and seeking to create a more welcoming destination for all.
Camden, Enfield, Hackney, Harrow and Islington are also receiving small amounts funding to pilot ideas to make licensing easier for businesses.
It is anticipated that at least eight new London Planning Guidance documents (LPGs) adopted likely early in the new year, with several others to follow. LPGs are published by the GLA to provide guidance to the application of the London Plan policies. They will be a material consideration in the determining of planning applications.
For more details see our recent blog summarising the changes. Lichfields will monitor the progress of these documents.
Disclaimer: This publication has been written in general terms and cannot be relied on to cover specific situations. We recommend that you obtain professional advice before acting or refraining from acting on any of the contents of this publication. Lichfields accepts no duty of care or liability for any loss occasioned to any person acting or refraining from acting as a result of any material in this publication. Lichfields is the trading name of Nathaniel Lichfield & Partners Limited. Registered in England, no.2778116