WEB NEWS - 30TH JANUARY 2004

CgMs SUCCESS

Becket House, St Thomas Street, London, SE1
Planning 'consent' was gained for the Home Office's proposal to open an asylum seeker reporting centre in Becket House on 18th December 2003. The proposal will allow up to 800 asylum seekers to report daily to the building whilst their asylum applications and appeals are being dealt with.

No.34 Bromell's Road, Lambeth, London, SW4

The Council resolved to grant planning permission, subject to the signing of a S106 Agreement, for the erection of a four storey building comprising 14 self-contained flats on the site of a public house car park. The applicant is London & Newcastle (Holdings) Ltd.

For further information on these projects please contact John Brooks (john.brooks@cgms.co.uk)

85-91 Abbey Road, London, NW8
CgMs recently achieved a resolution to grant consent subject to the completion of a Section 106 agreement for the redevelopment of the existing doctor's surgery at 85-91 Abbey Road on behalf of London & Newcastle and Doctor Antoniou. The scheme will result in the creation of a modern state of the art surgery which will almost double its capacity to serve up to 12,000 patients, as well as providing training facilities for young doctors. In addition, fourteen residential units are proposed at the upper levels, comprising of one, two and three bedroom units. The consented scheme will result in a 300% increase in the built floorspace on the site, in comparison to the existing building, through expanding the footprint and achieving three additional storeys at the upper levels.

For further information on this project please contact Matthew Roe (matthew.roe@cgms.co.uk)

Westminster Abbey
The Historic Buildings Team has been appointed by the Dean and Chapter of Westminster Abbey to undertake the archaeological recording of the south aisle roof. The Abbey is one of a number of high-profile recording instructions.

For further information on this project please contact Jon Lowe (jon.lowe@cgms.co.uk)

Dormansland Primary School
Our Historic Buildings Team successfully supported JP Whelan Homes and their team of consultants at an appeal hearing relating to proposals for the Dormansland Primary School site in Surrey. The appeal win will see the demolition of existing 19th century school buildings and the erection of a high quality housing development.

For further information on this project please contact Jonathan Edis (jonathan.edis@cgms.co.uk)

13 Trinity Place, Windsor
In December 2002 listed building consent was refused by The Royal Borough of Windsor & Maidenhead for works to convert eight bedsits in 13 Trinity Place, a Grade II listed building, into four independent 1-bed apartments. On CgMs advice, the owner of the building decided to appeal against the decision.

At the informal hearing in December 2003 the Inspector accepted the CgMs argument that, while the works, which had already been undertaken, were unauthorised, the character of the building had been degraded by its bedsit use and that owing to its lack of garden, the building was most unlikely to return to a single residential use (the use preferred by the local authority). He accepted that further deterioration was likely if the bedsit use continued and in upholding the appeal concluded that ‘the benefit of the works in ensuring the restoration of the building and its future maintenance outweighed any limited harm from the disruption of the plan form and the loss of internal features’.

For further information on this project please contact Nick Doggett (nicholas.doggett@cgms.co.uk)

Alconbury Airfield
The long awaited decision on the Public Inquiry into the proposed warehouse facility with rail link to the East Coast Mainline was announced just before Christmas.

Featured amongst the many planning and transport constraints examined at the Public Inquiry were archaeological and ‘historic’ building issues. CgMs advised Alconbury Developments on all of the heritage issues.

Although below ground heritage-issues were relatively straightforward, the future protection and management of a number of World War 2 and Cold War buildings, bunkers and hardened aircraft hangers, along with a Scheduled Medieval Moat close to the rail link, required detailed attention, particularly since English Heritage identified several Cold War structures as of national importance and worthy of preservation and protection by scheduling.

The Inquiry Inspector concluded that a package of measures to record the below ground Roman site and the preparation of an archive of the military buildings prior to demolition or removal was acceptable mitigation and, in turn, this contributed to the Inspector recommending that the appeals be allowed; a conclusion endorsed by the First Secretary of State and the Secretary of State for Transport.

For further information on this project please contact Paul Chadwick (paul.chadwick@cgms.co.uk)

CGMS SECURES PERMISSION FOR MAJOR RETAIL SCHEME AT WESTWOOD IN KENT

CgMs has been successful in achieving outline planning permission, following a call in, for a major non- food retail and employment scheme on land at Margate Road, Westwood, Kent on behalf of Keel Estates Ltd. The application site lies close to the new town centre of Westwood Cross.

The scheme involves 15,000 m2 gross of retail warehousing, around 25,000 m2 of employment floor space as well as A3 uses.

CgMs gave evidence at the call in Inquiry, which lasted 7 days, on retail planning matters including retail capacity and need, the sequential approach and impact.

The Inspector and First Secretary of State agreed with CgMs in allowing the Keel Estates proposals whilst refusing permission for an out of centre B&Q development which was subject to consideration at the same Inquiry.

For further information contact Steve Wilson on 020 7832 1472 or at steve.wilson@cgms.co.uk

NEW DRAFT PLANNING GUIDANCE ON RETAILING AND TOWN CENTRES PUBLISHED

On 15 December 2003 the Office of the Deputy Prime Minister published the long awaited revision to PPG 6 on retail development and town centres.

The guidance in the new draft Planning Policy Statement (PPS) style is titled “Planning for Town Centres” and reflects the ODPM’s wider aim to ensure that the town centre remains the focus for development which attracts large numbers of people.

CgMs will shortly be publishing a detailed analysis of the guidance contained in draft PPS6 but, in the meantime, the following is a summary of the key points in the guidance relating, in the main, to retail development. The guidance refers, as the title suggests to all town centre uses:

• The guidance relates to all town centre uses such as retail, leisure, offices, arts, culture, entertainment and some community facilities;
• The guidance re-affirms the Government’s commitment to town centres as the first preference for new retail (and other appropriate) development;
• The guidance in the statement relates to all new development of whatever size which involves the creation of new retail floor space or a change in the range of goods to be sold;
• Local planning authorities (LPAs) are advised to consider using planning conditions to control certain aspects of retail development which could result in the nature of the retail scheme changing e.g. to prevent the installation of mezzanines or to control the range of goods to be sold and the mix of comparison and convenience goods;
• The guidance confirms the requirement for all new retail (and other town centre) development to be subject to the test of ‘need’ if the site lies outside an existing centre. Quantitative capacity should be given greatest weight although qualitative factors will also be important, especially in socially deprived communities. A Good Practice Guide will be published on how to assess need;
• Regeneration and employment factors do not constitute aspects of retail ‘need’ but may be material considerations depending upon the circumstances;
• The scale of new retail development will be expected to relate to the role and function of the centre it is expected to serve and its catchment. Local centres will not be appropriate for more major retail development;
• The sequential test applies to all new development outside existing centres. The sequential search order is sites in existing centres, edge of centres sites and then sites in out of centre locations. The reference in the existing PPG 6 to sites in district and local centres in the sequential search sequence has been deleted;
• Flexibility in the application of the sequential approach is also demanded although, crucially, single retailers are not required to split up their store into smaller segments for the purposes of the sequential approach;
• The sequential test does not apply to extensions to existing retail facilities. This represents a departure from previous policy where extensions were required to comply with the sequential approach;
• A further Good Practice Guide will be published on the application of the sequential approach.

The draft Guidance is out for consultation until 15 March 2004. CgMs recommends that all clients with an interest in retail development or town centres carefully consider the draft Guidance in relation to their own development aspirations. We would be happy to prepare an appropriate response to draft PPS 6 on behalf of clients.

For further information on the draft PPS 6 or in relation to retail matters generally call Steve Wilson on 020 7832 1472 or steve.wilson@cgms.co.uk