London planning news, April 2021

Planning permission has been granted at appeal for 254 homes on Metropolitan Open Land (MOL) at a site adjacent to Lower Sydenham station in LB Bromley.  The appeal decision (for which Lichfields provided Housing, MOL and other Planning evidence) provides a useful and timely example of where “very special circumstances” have been demonstrated for new residential development on London’s MOL.

Prior to the appeal inquiry, whilst there was disagreement regarding the extent of shortfall,  it was common ground that the council could not demonstrate a five-year housing land supply; as such, para 11d of the NPPF’s “tilted balance” in favour of sustainable development applied. Evidence also demonstrated that 53% of the council’s housing supply in its ‘large sites’ category had been granted planning permission at appeal.

The site had previously been used as a sports ground for employees of the former Dylon International factory which was previously located on land adjacent to the site, now developed for housing as the ‘Dylon 1’ scheme. The appeal site included a number of redundant buildings, as well as areas of hard-standing which had related to this previous use, amounting to 38% of the site being ‘previously developed land’.

Given that the site was designated in the development plan as MOL, development should not be permitted unless the very special circumstances (VSC) could be identified. However, it was common ground that the approval of a 151 homes scheme on appeal in 2019 (for which Lichfields also provided evidence) was a material consideration which established the principle of major housing justifying VSC for allowing development on this sustainable site.

The Inspector applied substantial weight to the definitional harm by reason of inappropriateness and to the harm caused to the openness. However, he found the effect on openness to be limited overall. This Dylon 2 appeal scheme had the same 37% development footprint and 63% open space for public use as for the 2019 approved scheme, resulting in no greater impact on the spatial dimension of openness.

In considering the other matters before him, the Inspector found the design of the appeal scheme to be of the same exceptional quality as the approved scheme and determined that, collectively, the scheme’s benefits would (again) clearly outweigh the harm identified to the MOL.

Firstly, very substantial weight was given to the delivery of market housing, given that the council could only demonstrate approximately 3 years of supply, with an increasing housing need and the limited prospect of this shortfall being addressed.

Secondly, the provision of 49 First Homes, the Government’s new ‘discount market sales housing’ product, was given substantial weight. This is the first approval of ‘First Homes’ affordable housing, to our knowledge.

Thirdly, very significant weight was given to the provision of new high quality open space for public use and a new public path; while environmental benefits as a result of planting along the river bank at the site would enhance local biodiversity and appearance. Further to this, a new public path through the site would fill an existing gap in the Green Chain and Waterway Link walking and cycle routes.

Fourthly, the economic benefits of the scheme were also given significant weight, due to the resulting construction employment and investment, additional expenditure, as well as local authority revenue.

The decision is also of interest given that the appeal was determined against the policies in the recently published new London Plan, incorporating changes directed by the SoS on optimising site capacity through a design-led approach (London Plan Policy D3), tall buildings (Policy D9) and allowing for situations where VSC can be demonstrated on MOL to ensure consistency with the NPPF (Policy G3).

The Greater London Authority (GLA) has launched its new online data portal, providing live information on development proposals across the capital. This includes applications for planning permission as well as those for prior approval matters relating to permitted development rights.

The tool is the outcome of a collaborative project between City Hall and London’s local planning authorities, which aims to improve the transparency and availability of information on planned development across the capital. This work expands upon the existing London Development Database which previously only included information on proposals which have been granted planning permission, while other refinements to the processes of data collection and management aim to keep available data up-to-date where applications are amended or otherwise superseded by alternative development proposals.

The data is embedded on a browser based dashboard and workbooks, allowing for quick mapping and visualisation, though data is open and publicly accessibly, allowing users to customise datasets, with possibilities to integrate data within external systems.

In order to improve the availability of data, since November 2020, those submitting planning applications within Greater London have been required to provide additional information on matters such as land ownership, lead developer, and intended commencement dates. Metrics are also gathered across a range of factors relating to the proposed development which include calculations of the Gross Internal Area, number of habitable rooms, maximum storey height, and the provision of parking and electric vehicle charging points, among other matters.

Once an application is lodged, its progress and status is tracked, while amendments or withdrawals to the proposal are also kept up-to-date, via changes to local planning authority’s back office systems which interface directly with City Hall. It is intended that the increased access to live data will help to appraise the success of existing policy on planning, housing and infrastructure; while providing a more reliable and efficient means for building evidence to support the formulation of future policy changes. It is hoped that the information will also aid infrastructure and service providers to better plan for growth and the delivery of necessary services.

The tool will also be be particularly useful for developers and landowners in monitoring applications near sites, allowing them to understand how areas are expected to change, and also to recognise wider market trends.

Introducing the Datahub at a presentation for New London Architecture, Deputy Mayor Jules Pipe commented that the tool may also eventually lead to a live version of London’s Strategic Housing Land Availability Assessment (SHLAA), providing up-to-date information on the supply of housing land supply so as to inform future land allocations.

 

The Mayor has launched a new scheme aimed at encouraging positive change and increased activity across London’s high streets and town centres, supporting projects and initiatives which may seek to bolster local vitality and resilience.

The programme seeks to build on the recommendations of the London Recovery Board, which has highlighted the need to enhance public spaces and introduce new uses for underused high street buildings across all London Boroughs.

Reflecting wider trends seen across the country, the Recovery Board has highlighted how the culmination of different economic and social factors have accelerated the pace of change across London’s high streets, though noting the impact of this has differed greatly between London’s Central Activities Zone, which has seen a huge reduction in visitor numbers, to London’s district and local centres which have managed to adapt more nimbly and in some cases have seen a boost in footfall and trade due to the increase in homeworking.

Furthermore, the pandemic has highlighted the importance of good quality public parks and outdoor space as critical to the health and wellbeing of local people.

Mayoral funding is available for successful applications that will help combat these issues and develop some of the more positive changes that have developed in recent years. The Challenge is open to a range of high street partnerships, composed of public, private and third-sector participants, with strategies encouraged to represent and support the resilience of local communities and businesses.

The type of projects which are encouraged include those which seek to make public spaces more welcoming, encourage walking, cycling, as well as cultural activities and those that generate social value.

In other news, the Mayor has confirmed he is to invest £6 million into attracting visitors back into central London. This is likely to include funding for major events, as well as for interventions to support an increase in outdoor dining alongside other improvements to the public realm.