Dylon 2 Appeal Site
Planning Considerations
The sustainable nature of the site next to railway station providing good links to central London mainline stations was not contested.
Four of the five main issues identified by the Appeal Inspector, Mr George Baird, are pertinent to the tension between optimising housing delivery and MOL policy.On the first issue, whether the Council could demonstrate a 5YHLS, Mr Baird found that all the recently adopted Local Plan allocations and all contested outline planning permissions to be undeliverable, as what LBB provided in its evidence and under cross examination came “…nowhere close to the clear evidence [required by the definition of ‘deliverable’ in the revised NPPF] to demonstrate that there is a realistic prospect that housing completions will begin on site within the relevant 5-year period” (Appeal decision, paras 9 & 18). These elements alone reduce Bromley’s supply from the claimed 5.6-years to 4.25-years, this being “…materially below a level of undersupply that the lpa acknowledge is significant” (para 18).
On the second, the effect of the Dylon 2 scheme on the openness of the MOL, he found that:
- Spatially, the replacement of the previously developed land on 38% of the site with two (4 to 5 and 5 to 8 storey) buildings amounted to no greater building coverage and as such would have no greater impact on openness (para 20); and
- Visually, whilst the proposed buildings “would have a material impact on openness, that impact would be mitigated by the level of existing screening, its setting below the skyline and the gap between the two new buildings” (para 21).
- the buildings proposed are not ‘tall buildings’, as the two blocks of varying height would not exceed the heights of the buildings in the adjacent Dylon 1 and Maybrey Works developments, nor result in a significant change to the skyline (para 24); and
- “This staggering of height combined with the separation of the buildings, the finesse of the design and detailing…combine to create a development of exceptional architectural placemaking quality that has a lightness of touch and appearance. The setting of the development along the western edge of the site, the extent of the landscaped and publicly accessible park to the east and south combined with the lighter scale and mass of the development combine to create a development that relates sympathetically to the site and MOL’’ (para 26).
Mr Baird attached very substantial weight to the contribution made to the provision of housing and, in particular, the pressing need for affordable housing. He noted only 65 net affordable homes were completed in Bromley between 2012 & 2017, the borough’s affordability ratio is 14.26 and the only 28% of the 1,424 affordable homes needed per year is forecast within the 5YHLS (para 33). The Inspector concluded that the future position for general and affordable housing in Bromley looks bleak and Bromley’s housing requirement is “…going to increase materially” in the NLP (para 35).
He also attached very significant weight to the environmental and recreational benefits arising from the creation of a new public park, significant weight to the architectural and townscape quality of the scheme (commending the Appellant’s engagement of an architect and practice of national and international repute) and moderate weight to the economic, locational regeneration benefits of the scheme (paras 36-37).
Commentary
-
Housing Need & Shortfall: If the London housing capacity-based target increases to anywhere close to the 65,000 dpa identified in the draft NLP ( as is expected), there are likely to be a number of (mainly outer) London boroughs which will be unable to demonstrate either a 5YHLS or a plan on how to address the shortfall against the increased requirement.
-
Affordable Housing Need & Delivery: The extent of affordable housing completions, the likely supply against the need and local (un)affordability, and the contribution a proposal makes to both.
-
Site Location: The extent to which sites lying on the inside edge of MOL are located close to transport hubs or in other locations with good public transport accessibility and are sustainable and suitable locations for housing.
-
MOL site specifics, such as:
- how much is ‘previously developed land’ and how does the proposed development compare to the existing development footprint?
- can a MOL site be seen, from where and what is the sensitivity, and what is the visual effect of that change in volume on openness?
- how does a site relate (or not) to adjoining MOL?
- can public access and recreation and environmental benefits to the MOL be secured?
- how much is ‘previously developed land’ and how does the proposed development compare to the existing development footprint?
-
Scheme Design: High quality place-making, landscape design and building architecture, responsive to an (often) transitional urban context, is required, such that a design by a creative architect can be highly influential.