Westfield Stratford City - in the London Borough of Newham, (London Legacy Development Corporation) - London.gov.uk

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planning report D&P/4178/01
                                                                                  3 April 2017

                                                Westfield Stratford City
           in the London Borough of Newham, (London Legacy Development
                                                           Corporation)
                                              planning application no. 17/00032/FUL

Strategic planning application stage 1 referral (new powers)
Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and
2007; Town & Country Planning (Mayor of London) Order 2008.

The proposal
Extension and reconfiguration of the existing shopping centre comprising the change of use of
subterranean car parking spaces to provide 14,532 sq.m. (GIA) of new Class A1-A4 retail
floorspace, 9,429 sq.m. (GIA) of ancillary and back of house space, 20,238 sq.m. of new car
parking (582 spaces), the insertion of three escalator enclosures on Level 14 (The Street), and
associated internal and below grade works to facilitate new vehicle, pedestrian and service
access arrangements.

The applicant
The applicant is Westfield Europe Ltd and the architect is Lesley Jones Architecture.

Strategic issues summary
Land use - The site is located within Stratford Metropolitan Town Centre and the proposed
additional retail floorspace is supported (paragraph 14).
Convergence - The applicant is proposing measures to provide training opportunities for local
people (paragraphs 16-18).
Urban design - The scheme is primarily underground and does not raise strategic urban design
issues, providing existing connectivity is retained (paragraph 19).
Inclusive design - The general approach to inclusive design is supported however further
details of the Blue Badge parking is required (paragraphs 20 and 22).
Transport - A number of strategic transport matters issues still need to addressed, in particular
the scheme’s potential impact on Stratford regional station (paragraph 22).

Recommendation
That the London Legacy Development Corporation be advised that the application does not
comply with the London Plan, for the reasons set out in paragraph 28 of this report; but that the
possible remedies set out in the paragraph could address these deficiencies. The application
does not need to be referred back to the Mayor if the Corporation resolves to refuse permission,
but it must be referred back if the Corporation resolves to grant permission.

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Context
1      On the 20 February 2017 the Mayor of London received documents from the London
Legacy Development Corporation notifying him of a planning application of potential strategic
importance to develop the above site for the above uses. Under the provisions of The Town &
Country Planning (Mayor of London) Order 2008, the Mayor has until the 3 April 2017 to provide
the Corporation with a statement setting out whether he considers that the application complies
with the London Plan, and his reasons for taking those views. The Mayor may also provide other
comments. This report sets out information for the Mayor’s use in deciding what decision to make.

2        The application is referable under Category 1B.1c: of the Schedule to the Town and
Country Planning (Mayor of London) Act 2008, (Development outside Central London and with a
total floorspace of more than 15,000 square metres) of the Schedule to the Order 2008.

3       Once the London Legacy Development Corporation has resolved to determine the
application, it is required to refer it back to the Mayor for his decision, as to whether to direct
refusal or allow the Corporation to determine it itself, unless otherwise advised. In this instance if
the Corporation resolves to refuse permission it need not refer the application back to the Mayor.

4     The Mayor of London’s statement on this case will be made available on the GLA website
www.london.gov.uk.

Site description
5        The application site is 2.48 hectare in size and falls within Zone 1 of the wider (73 hectare)
Stratford City Masterplan which was granted outline planning permission by Newham Council in
February 2005. This zone includes the existing Westfield Stratford Shopping Centre, together with
office, leisure, hotel and residential uses. The application site is located within and underneath the
existing shopping centre, to the north of Stratford regional station. The nearest section of the
Transport for London Road Network (TLRN) is the A12 accessed at Lea Bridge/Ruckholt Road
approximately 1.5km away, and the nearest part of the Strategic Road Network (SRN) is Leyton
Road, approximately 750m away.

6       Stratford station provides access to London Underground services on the Jubilee and
Central lines, two Docklands Light Railway (DLR) branches, London Overground and National Rail
services. Crossrail (Elizabeth Line) services will operate from the station from 2019. Bus services
stop at the Stratford City bus station and at bus stops along Westfield Avenue. In the vicinity of
the site there is also a taxi rank, and cycle hire docking station on Montfitchet Road. It is estimated
that the whole site records the highest public transport accessibility level (PTAL) of 6b, on a scale
of 1-6.

7      The site is also within the Stratford sub-area of the Olympic Legacy Supplementary
Planning Guidance (OLSPG) and is designated as an ‘Area of Change’.

Details of the proposal
8      The applicant is seeking full planning permission for:
     The change of use of existing subterranean car parking spaces to provide 14,532 sq.m.
      (GIA) of new Class A1-A4 retail floorspace and 9,429 sq.m. (GIA) of ancillary and back of
      house space.

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 20,238 sq.m. of replacement car parking (578 spaces) to replace the current 1,179 spaces
       within the application site. This would result in a reduction of 601 spaces.
      The insertion of three new escalator structures on Level 14 (The Street).
      Associated internal and below grade works to facilitate new vehicle, pedestrian and service
       access arrangements.

Strategic planning history
9       As set out above, outline planning permission for Stratford City was granted in February
2005 by the London Borough of Newham (LBN ref: P/03/0607, GLA ref: PDU/2296 ); which
approved the comprehensive mixed use development of the former Stratford Railway Lands and
established a series of parameters for matters such as land profile, building heights and access
arrangements. This permission was varied in 2006 and 2007, and a new permission was granted by
the Olympic Delivery Authority in March 2012 (LPA ref: 10/90641/EXTODA, GLA ref: PDU/
1681z).

10     The applicant met with GLA officers in February 2017 to discuss its proposals and was
advised that the principle of such an expansion was supported at it was within Stratford’s
Metropolitan Town Centre which the London Plan identifies as having the potential for significant
additional growth, that the loss of circa 600 carparking spaces was not seen as problematic, that
TfL would have to be satisfied with the new access arrangements and any potential impacts on the
already “stressed” Stratford regional station, and that existing public access along “The Street”
should be maintained.

Strategic planning issues and relevant policies and guidance
11      The relevant issues and corresponding policies are as follows:

 Land use principles             London Plan;
 Town Centres                    London Plan; Town Centres SPG;
 Urban design                    London Plan; Shaping Neighbourhoods: Character and Context
                                  SPG; London Plan; London View management framework SPG
 Inclusive access                London Plan; Mayor’s Accessible London SPG;
 Sustainable development         London Plan; Sustainable Design and Construction SPG; Mayor’s
                                  Climate Change Adaptation Strategy; Mayor’s Climate Change
                                  and Energy Strategy; Mayor’s Water Strategy;
 Transport and parking           London Plan; the Mayor’s Transport Strategy;
 Crossrail                       London Plan; Mayoral Community Infrastructure Levy.

12     For the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the
development plan in force for the area is the London Legacy Corporation’s Local Plan (2015) and
the 2016 London Plan (Consolidated with Alterations since 2011).

13      The following are also relevant material considerations:
      Olympic Legacy Supplementary Planning Guidance (OLSPG), (2012);
      The National Planning Policy Framework, Technical Guide to the National Planning Policy
       Framework and the National Planning Policy Guidance.

                                                                                           page 3
Land use
14       The applicant submitted its proposals as the existing shopping centre is benefiting from a
higher than anticipated footfall and the proposed extension would allow some 60-70 new shops to
be created (which broadly equates to 10% of the centre’s existing retail floorspace), and is
intended to provide new space for the centre’s existing “overtraders” and for currently not present
retailers.

15      As set out above, this additional retail accommodation is supported as the site is located
within Stratford’s Metropolitan Town Centre which the London Plan identifies as having the
potential for significant additional growth, which this application will help achieve.

The 2012 Games and their Legacy
16     Policy 2.4 of the London Plan commits the Mayor’s to use the 2012 Games to deliver
fundamental economic, social and environmental change within east London and to close the
deprivation gap between the Olympic Host Boroughs and the rest of London. This is known as
convergence.

17      The application site is within the area covered by the Mayor’s OLSPG, which provides
advice on how his strategic planning priorities should be applied. Specifically, the application site is
within the OLSPG’s Stratford sub-area that envisages Stratford becoming a thriving metropolitan
centre with strong connections between the existing town centre and its surrounding areas. The
OLSPG’s core development principle addresses convergence and states that planning applications
in the OLSPG area should demonstrate how they will help close the deprivation gap between the
Olympic host boroughs and the rest of London and that one way this can be done is for planning
applications in the OLSPG area that propose more than 1,000 sq.m. of new floorspace or uses to
include a statement setting out how they will help achieve convergence outcomes.

18       The applicant has produced such a statement and has offered to provide local employment
initiatives during construction and operational phases. This is welcomed and should be confirmed
and robustly secured within any planning permission.

Urban design
19      The scheme is fundamentally underground, with only very minor visible alterations -
primarily to the reconfigured vehicle entrances. The only strategic urban design matter the scheme
therefore raises relates to the impact of the three new escalator structures within The Street which
should be designed to allow for unencumbered, safe public connectivity as it provides very
important pedestrian connectivity into and from the Queen Elizabeth Olympic Park.

Inclusive design
20      The aim of London Plan Policy 7.2 is to ensure that proposals achieve the highest standards
of accessibility and inclusion. The application replicates the established approach to inclusive
design by repeating the layout, lifts and access arrangements, which in turn is considered to
address these matters well. The application is therefore supported in inclusive design terms,
providing the applicant can confirm sufficient Blue Badge parking spaces would be provided as set
out below.

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Energy
21       The applicant provided information setting out its approach to energy at the pre-
application stage and submitted additional material as part of its application that satisfactorily
clarifies or addresses outstanding matters. The application is therefore supported in energy terms.

Transport
22     TfL officers held a pre-application meeting with the applicant in December 2016 and have
assessed the submitted technical material. In summary, TfL has identified a number of strategic
transport issues which need to be addressed in order to demonstrate full compliance with the
London Plan, primarily in relation to the scheme's potential impact on Stratford regional station
which currently suffers from peak time overcrowding. These are:
    The need to fully quantify the scheme’s impact on Stratford regional station, in particular
     the already congested areas in and around its subways and gatelines, current and
     anticipated peaks, and “event days”. This will require further trip generation analysis to be
     undertaken.
    An assessment of the proportion of people with reduced mobility (PRMs) who would use
     the station.
    The need for and possibility of pedestrian and cycle improvements in the vicinity of the
     site.
    The proposed level of Blue Badge parking, cycle spaces and Electric Vehicle Charging
     Points (EVCPs), and ways to future-proof the development.
    Providing evidence that delivery and servicing impacts have been fully considered.
    Clarifying construction impacts and phasing.
    Confirmation that the proposed escalator enclosures and the additional people the
     expanded centre would attract would not constrain the area’s wider connectivity,
     particularly on “event days”.
    More thorough assessment of the impact on the modal choice of visitors following the
     Elizabeth Line’s opening in 2019.
    Finally, the applicant should make a contribution towards the TfL led “Stratford Station
     Strategy Study”, either by a financial contribution towards the Outcome Definitions Study
     or off-peak station surveys, with the amount requested to be confirmed following the
     further assessments required.

Crossrail
23      The Mayor has introduced a London-wide Community Infrastructure Levy (CIL) to help
implement the London Plan, particularly policies 6.5 and 8.3. The Mayoral CIL formally came into
effect on 1 April 2012, and will be paid on commencement of most new development in Greater
London granted planning permission on or after that date. The Mayor's CIL will contribute towards
the funding of Crossrail.

24      The Mayor has arranged boroughs into three charging bands. The rate for Newham is
£20/sq.m. The required CIL should be confirmed by the applicant and the LLDC once the
components of the development or phase thereof have themselves been finalised. See the 2010
regulations: http://www.legislation.gov.uk/ukdsi/2010/9780111492390/contents as amended by
the 2011 regulations: http://www.legislation.gov.uk/uksi/2011/987/made.

                                                                                            page 5
Local planning authority’s position
25      This is not known at this stage.

Legal considerations
26      Under the arrangements set out in Article 4 of the Town and Country Planning (Mayor of
London) Order 2008 the Mayor is required to provide the local planning authority with a statement
setting out whether he considers that the application complies with the London Plan, and his
reasons for taking that view. Unless notified otherwise by the Mayor, the London Legacy
Development Corporation must consult the Mayor again under Article 5 of the Order if it
subsequently resolves to make a draft decision on the application, in order that the Mayor may
decide whether to allow the draft decision to proceed unchanged or direct the London Legacy
Development Corporation under Article 6 of the Order to refuse the application. There is no
obligation at this present stage for the Mayor to indicate his intentions regarding a possible
direction, and no such decision should be inferred from the Mayor’s statement and comments.

Financial considerations
27      There are no financial considerations at this stage.

Conclusion
28      London Plan policies on the 2012 Games and their Legacy, land use, urban design, inclusive
design, energy and transport are relevant to this application. The application is broadly supported
and complies with some of these policies but not with others for the reasons set out above. The
changes suggested below might remedy these deficiencies, and could possibly lead to it becoming
compliant with the London Plan:
    Land use - The proposed additional retail floorspace is supported.
    Convergence - The proposed measures to provide training opportunities for local people is
     supported and should be secured within any approval.
    Urban design - The scheme does not raise strategic urban design issues providing existing
     connectivity is retained.
    Inclusive design - The general approach to inclusive design is supported however further
     details of the Blue Badge parking is required.
    Energy - The application accords with London Plan policy.
    Transport - A number of strategic transport matters issues still need to addressed, in
     particular the scheme’s potential impact on Stratford regional station.

for further information, contact:
Colin Wilson, Senior Manager – Development and Projects
020 7983 4783 email colin.wilson@london.gov.uk
Sarah Considine, Strategic Planning Manager (Development Decisions)
020 7983 4751 email sarah. considine@london.gov.uk
Lyndon Fothergill, Principal Strategic Planner (Case Officer)
020 7983 4512 email lyndon.fothergill@london.gov.uk

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