RE: THE MALL, WALTHAMSTOW PLANNING APPLICATION REF: 17/1355 RESPONSE TO LBWF NEIGHBOUR CONSULTATION

Gavin Chinniah Planning Manager Majors Team Development Management London Borough of Waltham Forest Sycamore House Town Hall Complex Forest Road London E17 4JF 19278/A3/RM/MJ/sl 4 th October 2017 Dear Gavin, RE: THE MALL, WALTHAMSTOW PLANNING APPLICATION REF: 17/1355 RESPONSE TO LBWF NEIGHBOUR CONSULTATION This document sets out Capital & Regional s (C&R) response to the issues so far raised through responses received by the London Borough of Waltham Forest (LBWF) in relation to the planning application consultation. For ease, we have grouped responses into topic areas and respond on these below. VISUAL IMPACT ASSESSMENT The largest topic of objection appears to relate to a perceived failure to assess the visual impact of the development, in contrast to the appropriateness of the height proposed (which is addressed below). The planning application includes an assessment of the visual impact of the proposed scheme which is contained in the Environmental Statement (ES), which accompanies the application. We agreed the Visual Impact Assessment (VIA) methodology, including the locations from which to assess the visual impact of the proposals, with Council officers. The formal Visual Impact Assessment submitted with the planning application, which can be found in Chapter 7 of the Environmental Statement, accords with the requirements of the Council. An allied area of objection is the perceived lack of verified views. Verified views is a technique that ensures any graphic or photo depiction of an application scene from different view points are realistic. The methodology involves taking and applying Ordinance Datum measurements. This means that any views with the proposed development shown are realistic and verified. As part of the VIA the C&R team have prepared and used verified views, which have been agreed with Council officers. Within the VIA more detail can be found on this topic at Chapter 7 of the Environmental Statement. As you are aware the application is in two parts. The town square, retail and leisure extension, and lower level residential fronting onto the square (block E) has been applied for in full. This means the detailed design of the scheme, it s layout, height, massing, etc. are all fixed. In contrast, the residential towers, that sit above the newly created retail and leisure scheme, are applied for in

outline. This means that the final appearance, height, layout, massing etc. are not fixed at this stage, and will be subject to the submission and requirement for approval of reserved matters before the towers can be built. The design of the towers will need to comply with the Development Parameters and Design Code, which are also application documents that are anticipated to be conditioned on any planning permission. The towers being proposed in outline mean that the VIA cannot assess the impact of specifically designed towers, since these do not exists presently. Therefore the assessment assesses the likely visual impact of the maximum scheme that could be built whilst according with the Development Parameters. The visual impact assessment therefore assesses the wirelines/ Parameter Boxes (a series of red lines on images in the assessment, rather than a final scheme design. This approach is commonly accepted for addressing applications applied for in outline, as allowed for under the Town and Country Planning Acts and which are common place throughout the country. As can be understood from the submitted Visual Impact Assessment, C&R consider the visual impact of the application to be acceptable and therefore not a reason for refusing planning permission. HEIGHT The second largest area of comment is that many responders consider the proposal to be too tall and object on this basis. Our response is as follows. Across London there is a requirement to provide housing to meet the needs of residents. It is well documented that there is a housing supply crisis. The Greater London Authority (GLA), which has the strategic town planning responsibility across London, has recognised this issue. It s spatial strategy proposes to maximise the housing potential of sites that are located next to public transport. The highest density is directed to such locations. The application site is classified in the London Plan as being in the tier that has the best public transport accessibility across London, is within a metropolitan town centre, and where housing development should be focused. The London Plan does not identify the site as falling within any visually sensitive zones, zones of heritage sensitivity, or any other restrictions in terms of building heights. Therefore from a strategic planning perspective, the application site represents an ideal location to place high density taller residential buildings. At the local level, LBWF have an adopted Local Plan and an adopted Walthamstow Town Centre Area Action Plan (AAP). Both documents explain the importance development of the town centre, and in particular the application site, has for the future of the borough and Walthamstow in particular. Policy WTCOS9 anticipates the application site as having potential to deliver up to 600 homes in tall buildings. Policy is not prescriptive on height and is deliberately flexible to enable appropriate scheme proposals to come forward. Like strategic policy, local policy does not identify the site as within any sensitive locally important viewing corridors. On the basis of local and strategic adopted planning policy, we consider there is no policy objection for proposing tall buildings. Our application submission confirms that technically the towers can be built, there will be no unacceptable sunlight or daylight impacts (see further response below), or unacceptable wind tunnelling implications, or visual impact concerns. The height of the towers, controlled by the Development Parameters applied for, reflect the anticipated maximum height that an optimal economic scheme represents. This is important in both maximising the development potential the site offers to meet national, strategic and local planning policy, but also in maximising the provision of affordable housing the scheme can include (see below for further information). The submitted Design and Access Statement (DAS) sets out further details on the scheme design rationale. As set out above, the application for the residential towers is made in outline. Therefore the acceptability of the detailed design of the towers, their massing, height, external appearance and so on, which must all ultimately comply with the rules set out in the Development Parameters and Design Code, are not for determination now. These issues will be the subject of further submissions, consultation, and ultimately approval/refusal at the reserved matters stage.

HERITAGE IMPACT In the recent submission of additional information and updates to the planning application, C&R has provided a Heritage Assessment. Whilst this was originally scoped out by the Council, in response to consultee comments, we have provided an assessment. The Heritage Assessment concludes that overall the proposed development would not harm the significance of any of the identified conservation areas within the study area; but would preserve their character and appearance. The new development would also preserve the special interest and setting of identified listed buildings within the vicinity of the Site. Finally, the proposals would conserve the local heritage interest of the identified locally listed buildings in the wider area. LOSS OF OPEN SPACE The application proposal will result in approximately 32% loss of the open space associated with the town square. The adopted AAP allocates, through Policy WTCOS9, part of the existing open space for development. The AAP anticipates that 24.5% of the town square will need to be developed. The application therefore proposes a greater loss of open space that the AAP envisaged when it was written. The principles that underpin the adopted AAP approach remain reflected in the planning application proposals. The loss of some of the town square is off-set by the benefits that redevelopment can bring. In preparing the planning application, it has become apparent that in order to make the scheme viable to develop more of the town centre open space needs to be lost than envisaged by the Council in preparing the AAP. The scheme is unviable if less open space is lost. Very careful analysis has been undertaken as C&R, nor any other party, wishes to see more open space lost than is necessary. The loss of more open space than planning policy anticipates is promoted as acceptable because of the following benefits the scheme will bring: 1. Better shopping and leisure facilities The reconfigured and additional floorspace will enable presently absent retailers to operate out of Walthamstow. This has the potential to compliment the existing provision in the town centre and increase the overall attractiveness for people to wish to visit the town. The new floorspace also provides the opportunity to increase the presence of restaurants and leisure facilities that work in tandem with retail shopping to make town centres attractive, popular, and resistant to competition from other locations. 2. New town square and wider public realm improvements In association with providing the increase in retail and leisure floorspace (point 1 above), the revitalised and reconfigured town square (costing c. 4m) and wider town public realm works will increase the attractiveness of the visual appearance and the physical environment, resulting in an overall better experience visiting the town centre and a wider appeal for spending time in the town centre. 3. Investment of c. 120m The scheme, involving the improved shopping centre and public realm, represents an investment of some 120m in the physical fabric of the town centre and its wider facilities. 4. Profile - When complete the scheme will raise the profile of the borough and the town centre as it will make a statement visually through its prominence on the London skyline, its design quality, and the willingness for the property industry to investment heavily in the future success of the Borough. It should be a scheme with a revitalised town square for all, for residents of the borough to take some civic pride in.

5. Catalyst for wider regeneration The scheme should create confidence and interest in the borough for continued investment and transformational physical change. It should be an exemplar to point to for other projects that follow to at least match or better. 6. Employment The scheme will generate c. 500 construction jobs and c. 350 full time jobs when complete. Many of these jobs will provide local residents with opportunities. 7. Council Tax, CIL & Business Rates The scheme will contribute a c. 2.5m annually through Business Rates and Council Tax. There will be up to c. 5m of CIL contribution too. Business rates receipts are now retained by the borough and combined with the Council Tax and the CIL payment can be used within the borough for benefits for those living throughout the borough, such as health care. 8. Growing the local economy The scheme will enable a greater retention of retail and leisure expenditure, rather than being spent outside the borough, boosting the local economy, local businesses, and jobs. 9. Increased housing provision The scheme will provide up to 502 much needed additional homes, which is a London wide as well as borough wide priority. The scheme will make a contribution of approximately a quarter of the 2,000 new homes anticipated to be delivered in Walthamstow town centre, and will assist Waltham Forest in achieving the minimum annual requirement of 862 dwellings in the borough, as required by the London Plan. Depending on choices made by the Borough and the GLA, a variable amount of housing provision will be within the affordable housing definition. 10. Facilitating public transport The scheme will facilitate future tube and bus station improvements through carefully planning the layout, construction, and foundation plan of the development. Depending on choices made by the Borough and the GLA, a variable amount of additional funding to assist in the delivery of improvement works could be made. In forming two sides of the town square and in re-purposing and re-providing the town square, the scheme will act as a catalyst for further redevelopment and improvement on the other sides of the square, which include the bus and tube stations. 11. Improved customer facilities will include relocated toilets and family friendly car parking to assist those travelling with young children, and will benefit the whole town centre. 12. Majority of Public support scheme evidenced through the extensive public consultation exercises undertaken. CHILDREN S PLAY SPACE & TOWN SQUARE DESIGN Objections have been made on the basis that there will be a smaller area for children s play, that the location will be changed, and that air quality will be worse. In response we confirm that the proposals for the town square, which incorporate children s play, are made in full. The dedicated under 7s play space has been sized based on the requirements of LBWF officers, with additional incidental play features distributed throughout the new public realm space. New children s play equipment will be provided, which better align with and caters for a wider range of ages. The children s play area has been located within the best area for quality of air that can be achieved. In addition, the relocation of the play area also affords the opportunity to create an enhanced relationship between the play area, natural surveillance points, security, and newly created active frontages with seating.

The proposal will, in our view, result in a better quantitative and qualitative experience for children and parents. The revised design of the town square, including the relocation of the play area, will also result in positive gains for how the overall space can be laid out and used for all in society. The layout of the square has been extensively informed by public consultation prior to the submission of the planning application. This included workshop sessions where local residents contributed ideas regarding the design of the reconfigured square. Some concern and objections have been raised in response to the re-design of the town square with focus on the loss of existing trees. Considerable time and discussion has been focused on how to re-design the town square, if at all. The view C&R has come to is that the town square in its current form is fine but it could be reconfigured and redeveloped to provide substantially more benefit to users. While the existing trees make a positive contribution to the space in its current form, they are a major constraint in the ability to re-design the space and to optimise its success. We have tested the options extensively through public consultation exercises. The scheme proposed in the application represents the design most supported by consultation events and through discussion with council officers. The recent submission of additional information and amendments to the planning application, include changes to the design of the square. In recognition of the desire to retain more of the existing tree coverage, whilst not substantially compromising the usability of the new layout, the revised proposals seek to preserve more of the existing trees. As to be expected, matters of design are often subjective with different views being expressed. There is no unanimous view and as a consequence, the planning application proposes the scheme C&R consider to be in the widest public interest. The scheme has also had significant input from the Council, who own and operate the square. STRAIN ON PUBLIC SERVICES Many respondents appear concerned the scheme will increase the resident population and attract additional people to the town centre for shopping, leisure etc. Respondents appear concerned that this will unacceptably impact on the public services that are offered, such as health, education, social services etc. As will be known, the Planning Acts require that development proposals mitigate their impacts. The introduction of Community Infrastructure Levy (CIL) across the UK means that with the exception of site specific matters, like on-site highways, and affordable housing, the Council sets a CIL levy per sqm of new development. The levy is set based on the Council establishing what facilities and services it wishes to provide as a consequence of the content of the Local Plan. A CIL payment associated with a specific planning application mitigates the impacts on local services of the proposed development. The CIL payment is taken by the Council and is then spent to deliver the services needed. Through the operation of this mechanism the application proposal complies with planning policy and mitigates its impact on public services. The developer is not responsible for the actual delivery of improved or expanded services, just the funding of them. In this way, the application proposal therefore addresses and will not place further strain on public sector services. AFFORDABLE HOUSING Discussions on the affordable housing proportion within the scheme is on-going with both the Council and GLA. C&R, the Council and the GLA all have a common objective to see the development fund as much affordable housing as is commercially acceptable. The reality of the circumstances are that policy compliance on affordable housing cannot be guaranteed at this stage. The economics of the scheme do not allow this. The scheme is complicated, risky and expensive because it is to be built above active London Underground tube lines. In the circumstances, the intention is to agree a minimum level of affordable housing provision and then to commit to a review mechanism. Through the review mechanism, if the scheme can afford more affordable housing than the guaranteed

minimum then either additional provision will be made or a financial contribution paid to the Council. This approach is common across London and the UK and ensures that development is able to proceed whilst contributing fairly to wider community objectives. Further information on this topic will be released prior to the application being presented to planning committee for determination. TRANSPORT IMPACT Some concern has been expressed that the development will increase congestion. We advise the following. In relation to London Underground, we are in discussion with TfL over their future plans to increase capacity and accesses to and from the platforms. The design of the application scheme, particularly the way the foundations for the development are organised, will ensure that the tube station will be able to be expanded underground in the future. The application proposals will safeguard future TfL opportunities. Not related to this planning application, C&R and TfL are in discussion about the potential to deliver a new emergency access arrangement for the underground on C&R controlled land outside of the application boundary. In terms of traffic impact, LBWF and TfL are progressing improvements to the town centre gyratory system. It is understood that the changes under consideration will improve journey times for public transport into and out of the town centre and thereby increase the attractiveness of public transport when visiting the town centre and improve traffic flow. The application proposals facilitate the continuation of improvement work made to Selborne Road in terms of walking and cycling facilities and network. C&R has analysed the use of its existing shopper car parking. This demonstrates that the car park facilities are rarely over capacity and in most circumstances provide more spaces than are demanded. This means that even if more customers are attracted to the town centre as a result of the application and choose to come by car, then adequate car parking facilities exist to accommodate any growth. Moreover, it is anticipated that a significant consequence of the development is that more existing customers will choose to spend more time in the town centre than before and therefore new car trips associated with the development will be minimal. In terms of the residential homes created, the site s location means that it is not expected that many, if any, of the dwellings will be occupied by people with cars. The intention is that the scheme will be car free. Occupants will use public transport. Substantial and attractive to use cycle facilities are incorporated into the scheme to make this a viable option for occupants both of the residential and commercial units. It is intended to provide disabled car parking for the scheme. This will be achieved by ring fencing existing shopping centre car parking spaces for use by disabled occupants of the residential element of the scheme. A 5% disabled car parking provision will be made, which equates to approximately 25 spaces. More detail on the approach to transport can be found in the Transport Assessment and Transport Assessment Addendum submitted in support of the planning application. It is considered the application proposal will not result in transport related consequences sufficient to refuse the planning application. We trust the above satisfactorily addresses the concerns raised the neighbour consultation process. Yours sincerely, ROBIN MEAKINS Senior Planning Partner