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Planning Board - Tuesday, 10th December, 2024 6.30 pm

December 10, 2024 View on council website Watch video of meeting Watch video of meeting
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Summary

The meeting discussed three planning applications, resulting in the approval of reserved matters for a development at the Royal Arsenal, a new SEND school in Eltham, and the removal of affordable housing from a development in Charlton.

The Ropeyard, Royal Arsenal, Riverside

Reserved matters were approved for the construction of seven buildings at Plots D and K of the Royal Arsenal Riverside development. These buildings would provide 663 homes and 959 square metres of non-residential floorspace, as well as a new public park, 'Maribor Park', cycle parking, car parking, and refuse and recycling facilities. The reserved matters application relied on a separate Non-Material Amendment application which had been submitted concurrently. This amendment sought to increase the height of the consented buildings by one storey to accommodate requirements for an additional stair core and lift shafts in each building in line with the emerging fire safety guidance issued following the Grenfell Tower fire. The amendment would also remove a previously consented link building between buildings D1 and D2 and buildings D4 and D5 to improve views and permeability through the site, and would remove building K1 to provide improved views of the Grade I listed Royal Brass Foundry.

The application was objected to by Dr. Michael Doe, the secretary of the Royal Arsenal Residents Association who argued that there had not been sufficient community engagement from Berkeley Homes (East Thames) Ltd, the developer of the site, about the changes being proposed. He also argued that the approved plans would lead to a loss of green space within the development, would place additional strain on local infrastructure, and that Berkeley Homes have been given too much unaccountable power over the area. He argued that This is a private company which ignores existing residents and delivers services and utilities in ways which prevent, deliberately, residents having any say.1 In response, a representative of the developer, Paul Pritchard, argued that the residents had been consulted about the proposals. He pointed out that Dr Doe himself had attended two of their consultation events, at which they had addressed his questions. He also stated that Berkeley Homes were working to provide more social infrastructure, including a new nursery, and that they were in discussion with a local medical centre about its expansion.

Councillor David Gardner was concerned that the plans represented a missed opportunity to improve permeability between the Royal Arsenal and Woolwich Town Centre. He argued that narrowing one side of the A206 dual carriageway, which runs along the southern boundary of the development, would improve pedestrian access. Councillor Gardner also questioned the overselling of balconies on Beresford Street. In response, the planning officer explained that the scheme had secured a financial contribution of £127,000 from the developers which would be used to upgrade the cycle infrastructure along Beresford Street and that the intersection between Beresford Street and New Warren Lane had already been upgraded as part of the outline permission. They also stated that plans for the area opposite the site would be coming forward in the near future and that these would help to improve pedestrian connectivity. Mr Pritchard confirmed that the scheme did include additional tree planting on Beresford Street, but that these would be within the park itself rather than in the central reservation as suggested by Councillor Gardner.

Councillor Pat Greenwell questioned the provision of accessible parking within the scheme. In response, the planning officer explained that the development would include blue badge spaces both on-street and within the basement car park. They stated that the provision of accessible spaces had been approved by highways officers, Transport for London, and the council’s occupational therapists. Councillor Greenwell also questioned the impact of the increased height on the amount of sunlight and daylight received by existing buildings. In response, the officer explained that the plans had been assessed both by council officers and third party experts who were content that the impacts were acceptable.

In the subsequent debate, Councillor Gardner said he was pleased with the level of affordable housing and that he supported the proposed car-free approach. Councillor Greenwell said she supported the removal of the link buildings but that she remained concerned about the heights of the proposed buildings.

The Planning Board voted unanimously to grant both the non-material amendment and the reserved matters.

Environmental Curriculum Service, 77 Bexley Road, Eltham

Full planning permission was granted for the construction of a new Special Educational Needs and Disabilities Transition Learning Centre (SEND TLC) to replace the existing Eltham Environment Centre which has been closed since 2018. The new facility would include a single-storey building with classrooms, workshops, sensory learning rooms, and a kitchen. The building would be carbon neutral and would achieve a BREEAM Excellent rating. The proposals would also include outbuildings, covered structures, and the replacement of an existing air quality monitoring station on the site.

Councillor Pat Greenwell, the local ward councillor, raised concerns about the impact the proposals would have on traffic at peak times. The school is due to open at 8:30 am which Councillor Greenwell stated is when Bexley Road is at its busiest. She was concerned that the 6m wide gated entrance would not be sufficient to prevent queuing on the highway and that this would represent a safety hazard. That is a very very busy road... If for any reason a vehicle had to stop on that main road at half past eight in the morning, there could easily be an accident. In response, the planning officer explained that the site had previously been used as a similar educational facility and that the new proposals actually provide fewer parking spaces than before. They stated that most of the 30 students would be arriving by minibus and that staff would be encouraged to travel by public transport or bicycle, and that highways officers had reviewed the proposals and were satisfied that the proposed access was acceptable. In response to Councillor Greenwell’s concerns, a representative of the applicant, Matthew Hoffman, explained that while an intercom system would be provided at the entrance, the gates would be left open during the peak drop-off and pick-up times.

Councillor David Gardner questioned the proposed 7.42% biodiversity net gain which falls short of the statutory minimum 10%. He suggested that reducing the amount of hard-standing on the site might allow for the minimum biodiversity net gain to be achieved and asked if there was pedestrian access from the site onto Gravel Pit Lane, which runs along the northern boundary of the site. He stated that this would improve access to Falconwood Station, which he argued is closer to the site than Eltham Station. The planning officer explained that the submitted plans did not show pedestrian access to Gravel Pit Lane and that while some of the hardstanding might be replaced by planting, this was unlikely to be sufficient to achieve the 10% gain. In response to Councillor Gardner’s question, Mr Hoffman said that pedestrian access to Gravel Pit Lane was not included in the scheme and that there was no provision for students arriving by bus.

Councillor Greenwell asked about the contamination on site that had been noted in previous consultations. In response, Mr Hoffman confirmed that the contaminated land would be remediated during the construction process.

Councillor Sullivan asked about the landscaping for the scheme and if any of the exotic plants on the site had been salvaged, however, in response, Mr Hoffman confirmed that they would not be retained.

In the debate on the application, Councillor Greenwell said she was reassured by the applicant's response regarding the entrance gates and reiterated the need for SEND children to be provided with suitable facilities within the Borough.

The Planning Board voted unanimously to grant planning permission.

Land at 6, 61-81 and Coopers Yard, Eastmore Street and 6 & 10 Westmore Street, Charlton

The Planning Board were asked to confirm what their decision would have been on a section 73 application seeking to amend a previously approved scheme, as the applicant had lodged an appeal for non-determination. The principle of the development had already been established by an appeal decision in 2022. This appeal had granted planning permission for the demolition of existing buildings on the site and their replacement with buildings between 6 and 9 storeys in height comprising 188 residential units (including 56 affordable homes), flexible employment floorspace, flexible retail and community uses, and associated works. In December 2023, the Planning Board approved a Section 73 application seeking to add second stair cores to the taller blocks to ensure compliance with the latest fire regulations. These changes resulted in a loss of six residential units and an increase in the level of affordable housing to 36%. The current application sought to remove the affordable housing from the scheme entirely, citing viability constraints.

Councillor David Gardner questioned the impact of the development on the Charlton Riverside Park. The application site is within the Charlton Riverside Masterplan area and the Charlton Riverside Supplementary Planning Document. He stated that the development appeared to infringe on land designated as parkland in the SPD. He also highlighted comments made by the Greater London Authority (GLA) objecting to the use of a section 73 application to reduce affordable housing, stating: “The GLA, in their comment, say, and I just quote parts from 2-4, the Section 73 application should not be used as a mechanism to reduce affordable housing or other planning obligations... Clearly, we would never voluntarily agree to compromise our policy on affordable housing. So, do you disagree with the GLA assertion there with what Jane Seymour from the GLA has said?” The planning officer explained that whilst the proposed development is on land which is intended to form part of the park, the site already benefits from planning permission. In response to Councillor Gardner’s point about the GLA’s assertion, the officer said that they did not agree with the GLA’s position on this and that their view had been disproven by recent appeal decisions and that the GLA had sought a legal opinion which they had not shared. He confirmed that the application also proposed changes to some conditions to update the energy strategy, the sustainability strategy and the ecological strategy for the scheme.

Councillor Gardner asked about the inclusion of a 10% landowner premium in the viability assessment and questioned the high rate of finance costs (7%). In response, the planning officer explained that where no affordable housing is proposed, there should be no landowner premium as there is nothing left in the scheme for the landowner. They explained that the 7% figure related to the rate of borrowing assumed for the assessment. Councillor Gardner pointed out that lower interest rates were available.

Councillor Sullivan questioned what a landowner premium was and why it had been included. The planning officer explained that a landowner premium is intended to incentivise landowners to sell land for development and that where there is no affordable housing proposed, the Planning Practice Guidance (PPG) is clear that a landowner premium should not be included in the viability assessment.

Councillor Gardner questioned why the scheme had suddenly become unviable given that planning permission for the scheme with 36% affordable housing was granted only eight months ago. The planning officer explained that the scheme had always been unviable and that the applicant was now seeking to remove the affordable housing from the scheme.

Councillor Sullivan asked if the Council was obligated to grant approval for a scheme that was not viable, and the legal advisor explained that the Board had already resolved to grant permission for the scheme when it included the affordable housing. They said that it would be difficult to refuse the application now on the basis that it was not viable.

Councillor Sullivan stated that he did not believe that the viability issues had been considered when the original scheme was approved and said that now they were being asked to consider it, it should be given serious weight.

Councillor Gardner questioned if the Council had investigated the viability of providing alternative tenures such as London Living Rent or Discounted Market Rent, and the planning officer explained that they had looked at a Build to Rent scheme, but that this was also found to be unviable.

Councillor Sullivan asked how often the viability review process led to an increase in the provision of affordable housing. In response, the planning officer said that, recently, very few schemes had been reviewed in favour of the Council.

Councillor Sullivan asked about the interest rate on the development finance assumed in the viability assessment and the planning officer explained that the applicant had proposed 7.5%, the GLA 6.5%, and that the Council had used 7%.

Councillor Gardner pointed out that cheaper financing was available if you ‘Googled’ it and said that investors should be expected to provide some equity to reduce borrowing requirements.

Councillor Sullivan suggested that the Council might not be obligated to grant permission for a scheme that they did not consider to be viable, saying: “If we granted approval on a site that’s not viable then to some extent we’re compromising that site for future development… to me, it seems a similar thing… if a local authority put a contract out to tender… and it came in and we got a bid for it… and it was completely unachievable we wouldn’t have to let it if we didn’t think it was viable because we know service would be compromised further down the road and you could argue the same thing here”. The legal advisor said that someone is entitled to apply for planning permission even if they do not intend to build the scheme, and that the Board must consider whether the proposal before them is acceptable in planning terms.

Councillor Gardner questioned if the GLA’s comment that “The extent Section 106 agreement binds the planning obligations secured in that agreement to subsequent planning commissions granted under Section 73” meant that the Council could not vary the planning obligations. The legal advisor explained that the GLA were “inviting the Council” to take a particular approach, but that they were not going to support it at appeal.

Councillor Maisie Richards Cottell argued that the viability issue was being discussed now because it was only now relevant. She said that the previous applications had included affordable housing and had not required a discussion on viability.

Following the officer’s presentation, Councillor Gardner asked Phoebe Juggins, the applicant’s representative, to explain why the scheme had become unviable when only a few months ago, they had been willing to proceed with a scheme which included affordable housing. She responded that the previous approval had been granted following the inclusion of additional stair cores in the taller blocks to meet new fire regulations. These changes had been agreed following discussions with Southern Housing who were the proposed Registered Provider for the affordable housing. However, Southern Housing subsequently pulled out of the scheme due to the systemic issues in the RP world.2 The changes in regulations had resulted in fewer market homes being provided, and that combined with the recent increases in building costs, meant that the scheme was now even more unviable than it had been previously. She stated that the area was at the start of its regeneration journey and that when the application was first submitted they had been optimistic that the Charlton Riverside Masterplan would soon be delivered, but that this had not happened and that optimism has somewhat waned. She said that the current scheme was the best way of making this site deliverable, but that should all these positions change we can absolutely consider all of that and we do hope that in the future some affordable housing could be delivered.

Councillor Gardner asked if the applicant had considered using other types of affordable housing provision such as Discounted Market Rent or London Living Rent, and Ms Juggins replied that the scheme had been designed specifically for private market sale and that providing a build to rent product would require communal amenity spaces, gyms and a concierge service which were not included in the scheme. She said that there was not enough space to add these spaces without losing residential units and that the commercial units could not be used for amenity space. She also stated that the applicant had investigated providing a build to rent product and concluded that the area is not quite ready for that kind of institutional product. She added that should somebody come forward and want to deliver this as a rental scheme their financials will be assessed in exactly the same way as they would be at the late stage review mechanism.

Councillor Sullivan asked who the applicant was and what their role in the scheme was. In response, Ms Juggins explained that she was representing H Group, a property developer, and that they would need a partner to help them deliver this scheme due to its scale. She stated that they were not intending to maximise profit, and that they wanted to get someone to build it with us.

Councillor Gardner questioned the applicant’s claim that professional fees had increased to 12%, as the GLA had suggested that 10% was acceptable, and Ms Juggins said that the recent introduction of the Building Safety Act had increased the cost of professional fees as additional expertise was required.

Councillor Sullivan pointed out that the removal of the affordable housing from the scheme only reduced the deficit by £6 million and questioned the viability of the scheme for any developer even without the affordable housing, given that the finance costs were estimated at 7.5% and that the construction cost was in the region of £60-70 million. He stated: “They’re all worried, they’re all worried because the market… the property market is not that buoyant… the Help to Buy scheme has been finished by the Government… you talk about investment, investors being on board… how viable is this to anybody even with your scheme with no affordable?” He suggested that the applicants would be better off coming back with a revised scheme rather than one that was not viable. In response, Ms Juggins said that they had investigated alternative design solutions and other uses but that they believed that the current scheme represented the “best use of that site” for delivering the Council's aspirations. She stated that the construction market had been affected by the recent collapse of a number of large contractors, and that “a lot of estimators are cautious with build costs”, but that she was optimistic that that would ease off over the next year and that confidence would return to the market.

Councillor Gardner challenged the applicant’s statement that the site was not suitable for build to rent, pointing out that the site is within easy walking distance of the Charlton Train Station, Maryon Wilson Park, and a range of shops and restaurants. Ms Juggins conceded that there were local amenities but reiterated that, having spoken to a Build to Rent developer, she had concluded that “the area is not quite ready” for a build to rent product.

Councillor Sullivan asked if there was a clause in the occupancy agreement preventing residents from commenting on or objecting to planning applications, and Ms Juggins responded that there was a clause that asks residents not to make formal objections to our planning applications, but that they would never enforce this clause.

In the debate on the application, Councillor Sullivan said he believed the housing market was broken and that no matter how much we desire it, 1.5 million homes[^6] we’re going to really struggle to get anything like that. He said that he thought the scheme would be unlikely to be delivered even without the affordable housing and that he would support the officer’s recommendation to grant permission.

Councillor Gardner said that he could not support the scheme and that he would be abstaining from the vote. He argued that the developer had not demonstrated that they had explored all options to make the scheme viable and that the GLA had raised “several queries about the methodology used”.

Councillor Richards Cottell said she thought the decision to remove the affordable housing was “gross” and that she did not like being “put in that position”, but that she recognised that the Council was unable to meet its housing targets and that she would be “reluctantly” supporting the application.

Councillor Greenwell said that she would also abstain from the vote as “we need affordable houses”.

The Planning Board voted to grant planning permission. The two votes in favour carried the application, with the others abstaining.


  1. Dr. Michael Doe is the secretary of the Royal Arsenal Residents Association. 

  2. A registered provider (RP) is a private, not for profit organisation, such as a housing association, that provides affordable housing. 

Attendees