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Extraordinary Meeting, Strategic Development Committee - Monday, 9th December, 2024 6.30 p.m.

December 9, 2024 View on council website Watch video of meeting
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Summary

The committee unanimously rejected the officer recommendation to approve the planning application for the development of Royal Mint Court. The committee also rejected the officer recommendation to approve the listed building consent for the heritage works associated with the same application. The committee deferred the application for the redevelopment of 2-6 Commercial Street, 98, 101-105 Whitechapel High Street and Canon Barnett Primary School for a site visit.

Royal Mint Court

The committee considered an application by the Chinese Embassy UK for the redevelopment of the Royal Mint Court. The application is for planning permission and listed building consent to create an embassy building at the site. The site, which has been vacant since 2013, currently contains a number of buildings. These include the Grade II* listed Johnson Smirke Building, the Grade II listed Seaman’s Registry building and the remains of Murray and Dexter House, an office building from the 1980s. The site also contains a number of archaeological remains, including the ruins of Eastminster, a Cistercian Abbey from the 1300s. The site has previously had planning permission granted for a mixed-use development which included a museum. The application was called in for determination by the Secretary of State in October and a public inquiry will take place in February. This meant that the committee were asked to confirm what their decision would have been if they had the opportunity to determine it locally.

The committee heard representations from a number of parties. Sue Hughes, Chair of The Royal Mint Estate Residence Group, spoke in objection to the application. Ms Hughes argued that the applicant had ignored the local community and cited the potential impact of protests on the surrounding area. Jason Chow, from Hong Kongers in Britain, also spoke in objection, raising concern that the embassy could pose a threat to the privacy and safety of residents and visitors to the area. Councillor Peter Golds spoke in objection to the application and, whilst doing so, directly identified the applicant as being the Chinese government. Councillor Golds cited the potential impact of protests, on both traffic congestion and residents, in forming his objection. Chief Inspector David Hodges spoke on behalf of the Metropolitan Police, stating that they were formally objecting to the proposal, citing potential congestion on the highway network and disruption to the local community. Chief Inspector Hodges also explained that the police would not be able to deal with the level of protest that an embassy of this size would attract and argued that the responsibility to protect the embassy, and manage protests, would sit with the council.

Baroness Collins, of GP9 Ltd, spoke in support of the application. Baroness Collins argued that the previous refusal of the proposal had been wrong in planning policy terms. In response to questions from the committee, Baroness Collins stated that the applicant had taken security advice into account and that a Protest Management Plan would be submitted in due course. Baroness Collins also explained that the applicant had undertaken a programme of community engagement and that consultations had been held.

A number of issues were discussed during the meeting, the most significant of which was the potential impact of protests. The previous application, which was for an identical proposal, was refused for four reasons, all of which were linked to public safety, security and potential impact of protest activity. The officers stated that they had found no new evidence to support the previous reasons of refusal. They argued that it is the role of the police to manage protest activity, that an embassy land use does not in of itself create an unacceptable level of risk, and that there was no evidence to suggest that visitor numbers would change. The committee did not agree with the officers’ position, highlighting the likelihood of protests and their potential impact upon the local community and the heritage and tourism value of the World Heritage Site.

A financial contribution of £75,000 to fund improvements to Royal Mint Green was discussed, as was a financial contribution of £336,000 for additional CCTV. The officers explained that the applicant has agreed to fund a number of improvements to the public realm and to the highway network, and also that they have committed to an Events Management Plan, provision of two marked vehicle parking bays on the public highway, and that they will secure space within the site for police equipment.

Prior to the committee’s decision the officers reminded them that the decision they come to will form the basis for the council’s case at the public inquiry. They argued that whilst there may be conflicting material considerations, it is important for the committee to reach a conclusion which complies with the Local Plan and has regard to all material considerations. The officers also reminded the committee that the identity of the applicant, in this case the Chinese government, is not relevant to the assessment of a planning application.

The committee rejected the officer recommendation to approve planning permission for the application. This means that the council will argue at the public inquiry that the application should be refused. The decision to reject the officer recommendation was unanimous.

The committee then discussed reasons for refusing the application. They agreed on three reasons:

  1. The proposed embassy would result in adverse effects on the World Heritage Site as a result of the potential for protests and associated damage to the surrounding area. This would be contrary to policies SDH5 in the Tower Hamlets Local Plan and SD4, SD6, E10 and HC5 in the London Plan.
  2. The proposed embassy would result in increased congestion of the highway network due to the potential for protests. This would be contrary to policies STR1, DTR2 and DTR4 in the Tower Hamlets Local Plan and policies T1, T2 and T4 in the London Plan.
  3. The proposed embassy would be a significant development for the area. This would result in an increase in the demand for police resources to deal with the potential for protests.

The committee also considered the officer recommendation to approve the Listed Building Consent for the heritage works associated with the same planning application. This application is a standalone application that is separate from the application for planning permission. It covers the proposed works to the listed buildings on the site only.

Before coming to a decision the officers reminded the committee that the proposed works had no objections from statutory or non-statutory consultees.

The committee rejected the officer recommendation to approve Listed Building Consent, with a majority vote. They agreed the reason for refusal would be that the heritage works are contingent on the development proposals which have been recommended for refusal by the committee.

2-6 Commercial Street, 98, 101-105 Whitechapel High Street & Canon Barnett Primary School

The committee considered an application by Alliance Property Asia Inc. for the demolition of a number of buildings on the site, partial demolition of other buildings with facades retained and redevelopment of the site to provide a mixed-use development consisting of a building of up to 18 storeys high for offices, a relocated and expanded school playground, a community hall and a school annexe. The most significant aspect of the proposal is the 18-storey office building which, if implemented, would be considerably taller than the buildings in the surrounding Whitechapel High Street Conservation Area. A similar application by the applicant was previously refused on 22 February 2022, and the reasons for refusal related to:

  • The height and scale of the development in the context of the conservation area
  • Failure to meet the criteria for a tall building outside of a tall building zone
  • Daylight and sunlight impacts to surrounding residential development
  • Overshadowing of the school playground
  • Loss of an existing language school on the site

In response to questions from the committee, the applicant explained that the height had been increased in order to lessen the impact of the development on the conservation area. The officers argued that this was not the case. The committee were not satisfied with the applicant’s response and the officers’ rebuttal.

In their presentation, the officers outlined the extensive consultations undertaken by the applicant prior to submitting the application, including feedback received from the council’s Quality Review Panel. The officers stated that the Panel had strongly advised the applicant to revisit their brief and return with a more sensitive scheme but that they did not do this. The officers also highlighted a number of objections to the scheme from statutory consultees such as Historic England, the Victorian Society and SAVE Britain’s Heritage.

The issue of potential impacts upon daylight and sunlight to neighbouring properties was discussed at length. The committee heard evidence from officers that the development would cause an unacceptable deterioration of the daylight and sunlight conditions of neighbouring properties, especially for residents of the Crawford Building and 4 Gunthorpe Street. In addition, the proposal would result in an unacceptable deterioration in the levels of daylight and sunlight received by Canon Barnett School, together with unacceptable levels of overshadowing to the playground.

In response to objections regarding the loss of retail floorspace, the applicant referenced a note from CBRE which stated that the ground floor of the proposed development was not suitable for retail uses and that the local market was not strong. Officers rebutted the points made in the note, arguing that there was an in-principle objection to the loss of retail space, that the applicant has failed to make the case that the ground floor cannot accommodate retail, and that they have failed to put forward a tailored strategy.

The issue of loss of education facilities was also discussed. The officers stated that the applicant had failed to demonstrate that a community hall would be more beneficial for the local community than the existing language school which the development would displace.

The applicant highlighted the public benefits associated with the scheme, namely:

  • Regeneration of an under-utilised brownfield site
  • Removal of a public car park
  • Job creation and provision of training and apprenticeship opportunities
  • Provision of a new community hall
  • New accommodation for Canon Barnett Primary School
  • Creation of Canon Barnett Yard (a new public space)
  • Financial benefits

The officers argued that the harms of the scheme, including harm to heritage, would outweigh these public benefits.

Following their discussions the committee voted on whether to refuse planning permission for the application or to defer it for a site visit. The application was deferred. This means that the application will be brought back to a future committee meeting for decision following a site visit.