News
London planning news, November 2021
25 Nov 2021
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Headline news |
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Consultations on new London Plan guidance underway
- Urban Greening Factor Guidance;
- Sustainable Transport, Walking and Cycling Guidance; and
- Air Quality Neutral and Air Quality Positive Guidance.
The Sustainable Transport, Walking and Cycling Guidance advises on how development can integrate walking routes and provide improvements to London’s cycle network in relation to NLP Policy T3 - Transport capacity, Connectivity and Safeguarding. The main focus is on ensuring that the design of new development feels safe, legible, and feature good permeability, to encourage both walking and cycling. The guidance also seeks to safeguard existing and planned public transport infrastructure.
The guidance on Air Quality Neutral and Air Quality Positive relates to Policy SI 1 of the NLP. This requires all new developments to meet specific Air Quality Neutral benchmarks, which are related to the planned use and scale of the development. Alongside the operational emissions related to that development, this also takes into account the emissions associated with a building's construction, including those from the transportation, manufacturing, and installation of building materials.
The consultations on the Urban Greening Factor and Sustainable Transport Guidance will close on 20 December 2021. The consultation on the Air Quality and Air Quality Positive Guidance will close on 27 February 2022.
In addition to these, a final version of the Mayor’s ‘Be Seen’ Energy Monitoring Guidance has also now been published. This is aimed at supporting developers and owners of new major developments in monitoring and reporting on the operational energy performance. This is to comply with the requirements of Policy SI 2 of the NLP, which seeks to minimise emissions from greenhouse gases.
Guidance from the Mayor may be a material consideration where relevant to the determination of planning applications within Greater London.
Mayor of London, Mayor to prioritise walking, cycling and urban greening in new developments
Greater London Authority, Consultation Hub
Mayor of London, ‘Be seen’ energy monitoring guidance
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Quote of the month |
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I’m committed to doing all I can to accelerate the transition to a greener future, with cleaner air for all, but I can’t do it alone. COP26 this year provides an opportunity for the Government to show global leadership and give us the powers and resources we need to take even bolder action on climate change.
Mayor of London, Mayor to prioritise walking, cycling and urban greening in new developments |
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Mayor launches Public London Charter
The Charter is based upon eight core principles which relate directly to Policy D8 of the London Plan, particularly the requirements for effective management under part H of this policy. This requires applicants to demonstrate the public realm will:
“ensure appropriate management and maintenance arrangements are in place for the public realm, which maximise public access and minimise rules governing the space to those required for its safe management in accordance with the Public London Charter”
The guidance aims to support the application of each of the principles, providing further detail as to how this should be applied when new public spaces are provided within new developments. It recommends that the requirements set out in any management plans should be secured under S106 agreements, to ensure the long-term management and maintenance is in place which for the life of the development irrespective of any changes in ownership. The following draft clause is suggested to support this:
“The landowner will agree to manage the public space (as defined) and set out in plan number… in accordance with the principles of the Public London Charter which is attached as Appendix.”
It also suggests that landowners of existing public spaces can sign up voluntarily to the principles of the Charter, though its principles can only be enforced against where there is a legal agreement linked to a planning permission.
Mayor of London, Public London Charter
The Mayor of London, Sadiq Khan, had previously directed the City of London refuse permission in 2019, arguing the development would “compromise the ability to appreciate the Outstanding Universal Value of the Tower of London World Heritage Site”, amongst other issues, including the impact on London’s strategic views 10A (Tower Bridge) and Views 25 A.1-3 (Queen’s Walk to the Tower of London).
Similarly, the Secretary of State also considered the negative effect the proposed scheme would have on the significance of a number of heritage assets located within the wider setting of the proposal, agreeing with the conclusions of his Inspector, who noted in their decision:
“there would be harm to the setting of the ToL (Tower of London) and other heritage assets. Notwithstanding that the harm would be less than substantial, in each instance, the desirability of preserving the setting should be given considerable importance and weight and this finding gives rise to a strong presumption against planning permission being granted.”
While concluding that the harm to heritage was less than substantial, very significant weight was given to these issues in the overall planning balance.
The design of the scheme was considered in detail, particularly in regard to the criteria set out under paragraph 130 of the Framework, which relate to the form, function and detailing, its relationship with the surrounding context, impact on amenity, and its sustainability.
The design of the building was considered to reflect its function well, with the SoS commending the consideration given to its ground floor entrances on such a tightly constrained site. However, it was noted that there were no plans how the building may have been re-used once it had served its purpose as a viewing tower, or if the scheme were later to be demolished.
While moderate weight was given to the economic, tourism and educational benefits of the scheme, the heritage balance was ‘firmly against’ the proposal, and it was concluded that the clear and convincing justification required by para 200 of the NPPF had not been met.
Recovered Appeal: land adjacent to 20 Bury Street, London EC3A 5AZ (ref: 3244984 - 11 November 2021 Mayor of London referrals, Land adjacent to 20 Bury Street
The London Borough of Hounslow will receive £100,000 in funding. This will support the creation of a 3D map, enabling residents to visualise proposals and their surrounding context and comment directly.
London Borough of Wandsworth is to receive £30,000 which it intends to use on various initiatives to improve engagement rates with groups often underrepresented in planning decisions.
London Borough of Barking and Dagenham is to receive £100,000 to support with the development of an application which will provide augmented reality visualisations of new development proposals.
Wandsworth, Wandsworth included in pilot scheme to make planning system more accessible
Be First, Planning in Barking and Dagenham is getting digi with it
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