The Planning Committee (Major Applications) A was scheduled to discuss planning applications and related matters, including a business relocation strategy and development management for sites in Canada Water. The committee was also scheduled to consider a deed of variation to a Section 106 agreement¹.

Here's a breakdown of the key items on the agenda:

Borough Triangle Business Relocation Strategy

The committee was scheduled to review and consider the draft of the Business Relocation Strategy (BRS) related to the Borough Triangle development at 18-54 Newington Causeway, 69 Borough Road, and 82-83 Borough Road. This follows a prior resolution to grant planning permission for a mixed-use development on the site, subject to the BRS being approved by the committee.

The draft wording of the strategy includes seven arms:

• Final Business Relocation Strategy
• Temporary Food Market
• Independent Business Advisor
• Business Relocation Fund
• Sui Generis Unit (the new permanent market)
• Trader Steering Group
• Relocation Information

The report pack included a summary of the agreement for each of these parts of the draft legal agreement.

The Final Business Relocation Strategy, which will need to be submitted 12 months after the planning consent is free of legal challenge, will include:

Confirmation that the Temporary Food Market planning application has been submitted Details of assistance for traders in business planning Details of how potential premises for relocation will be communicated to traders and other site tenants An updated Equalities Impact Assessment

Berkeley Homes will consult with the traders on the design of the temporary food market, which will be in place for a minimum of 5 years, and will include:

A minimum of 12 stalls Space for shared seating and dining Details of fit out of the temporary market, including toilets, heating, lighting, cooling, venting, kitchen and storage facilities including cold storage Details of rent, which shall be no more than rents currently being paid Marketing strategy to raise awareness and to facilitate high footfall Details of hours of operation, maintenance, cleaning and security

The existing Mercarto Metropolitano will not be closed until the Temporary Food Market is ready to be occupied to ensure continuity of trade.

An Independent Business Advisor will:

Provide practical support and business planning to traders through confidential one to one sessions Provide enterprise support and organise workshops Give guidance for traders on applying for the Temporary Food Market and Business Relocation Fund Provide assistance for traders for whom English is not their first language Assist with locating and assessing alternative business premises

A Business Relocation Fund of £200,000 will be managed by the Council in consultation with Berkeley and the Independent Business Advisor to allocate funds to traders relocating. This fund will only be available to traders who are in Mercarto at the date planning permission is issued and will not be available for traders with 10 or more locations.

This fund will be able to cover costs attributable to relocation, including legal and surveyor costs for taking a new lease on premises, costs of removal, relocation and fit out.

Existing traders will have will exclusive right of application for tenancies in the new food hall for three months and be able to continue to apply after that initial period. The Temporary Food Market will not be closed until the new permanent food market is ready for occupation.

A Trader Steering Group, comprising the Council and Berkeley Homes, will govern the Business Relocation Strategy and meet quarterly until the new food market is ready for occupation. It is this group that will assess and award stalls for the Temporary Food Market.

Berkeley will share a database of vacant premises within the local area, elsewhere in the borough and in Lambeth in addition to vacant sites the Council has with traders, and other tenants on site for a period of one year after the closure of the existing market.

Canada Water Retail Park Redevelopment

The committee was scheduled to consider a planning application (24/AP/3718) for the comprehensive redevelopment of Unit 1 and 4 Canada Water Retail Park, located on Surrey Quays Road.

The proposal involves the demolition of all existing buildings and structures and the erection of:

• Plot A: Two new commercial buildings (A1 and A2) providing offices, retail, food and drink outlets, and professional services, along with a shared basement.
• Plot B: Two new buildings: Building B1 for purpose-built student accommodation (PBSA) with a community use space, and Building B2 for residential units with retail and food and drink outlets.

The development also includes cycle parking, blue badge parking, hard and soft landscaping, tree replacement and planting, and new vehicular access points from Surrey Quays Road and Canada Street.

The application site is subject to a consented Outline Planning Permission (OPP) ref. 21/AP/2655, which was approved in January 2023. Reserved Matters Applications (‘RMAs’) have already been approved for Plot A1 (ref. 23/AP/0562) Plot A2 (ref.23/AP/0564) and their related basements (Ref. 23/AP/0565).

The new application does not seek to make any changes to the approved scheme and detailed design for Plots A1 and A2, except for a minor amendment to the red line to remove a small parcel adjacent to Plot A1 known as the ‘Transfer Land’.

Key Issues for Consideration

The report pack identified a number of key issues for consideration:

• Environmental Impact Assessment
• Land Use
• Affordable Workspace
• Affordable Housing
• Development Viability
• Housing Design Standards
• Purpose Built Student Accommodation
• Design, including layout, scale and appearance
• Heritage considerations
• Landscaping and trees
• Ecology and Biodiversity
• Fire Safety
• Impact on amenity
• Agent of change
• Transport and highways, including servicing, car parking and cycle parking
• Environmental Matters
• Energy and sustainability, including carbon emission reduction
• Planning obligations (S.106 undertaking or agreement)
• Mayoral and borough community infrastructure levy (CIL)
• Consultation responses and community engagement
• Community impact, equalities assessment and human rights

Plot A Details

• Building A1: Ground floor, mezzanine plus 24 storeys (110.0m AOD). Ground floor retail/food and beverage, workspace above.
• Building A2: Ground floor, mezzanine plus 11 storeys (55.40 m AOD). Ground floor food, beverage and retail, workspace above.
• Combined basement for A1 and A2: Plant and cycle storage.

Plot B Details

• Building B1: Ground plus 25 storeys (91.2m AOD). 742 PBSA studios, associated commercial spaces, and community space (326 sqm).
• Building B2: Ground plus 7 storeys (41.6m AOD). 75 dwellings and 3 retail units (383 sqm).

Amendments to the Application

During the lifetime of the application the following additional information was submitted:

• Additional details in respect of the design of Printworks Street and how this might be converted to a two way street in the future
• Additional information/clarification for the Environmental Statement
• Updated Arboricultural report
• Revised internal layout plans for the dwellings (showing minor tweaks to meet Southwark habitable room requirements

Deed of Variation to a Section 106 Agreement

The committee was also scheduled to consider a report regarding a Deed of Variation to a Section 106 agreement (25/AP/0738) related to the planning consent 12/AP/4126 (as amended) for Unit 1 and 4 Canada Water Retail Park (formerly known as Canada Water Sites C and E) on Surrey Quays Road.

The proposed variation relates to amending payment triggers for the Additional Affordable Housing Payment secured in a previous Deed of Variation dated 18 January 2023.

The key issue for consideration is whether the proposed changes to the legal agreement would remain compliant with the legal tests set out in Regulation 122 of the Community Infrastructure Levy Regulations 2010.

The recommendation was to agree to delegate authority to negotiate and complete the Deed of Variation.

Background

In December 2013, outline planning permission was granted to redevelop sites C and E of the Canada Water Area Action Plan. The planning consent anticipated up to 1030 new homes in addition to new retail space, offices, health centre and a cinema. Overall affordable housing provision was agreed at 22.5%.

In June 2020 the landowner/developer sold the remainder of the site to AIRE UK Canada Water GP PROPCOS Limited, who confirmed that the remaining phases of the 2013 consent would not be implemented.

In January 2023, a Deed of Variation was signed, securing a £25 million payment (index linked) towards the delivery of affordable housing in the event that an alternative development comes forward on the remainder of the site.

AIRE have now submitted a new full planning application for the site (24/AP/3718), which includes the provision of 75 onsite affordable dwellings.

Proposal

AIRE are seeking a further Deed of Variation to amend the payment triggers for the Affordable Housing Payment.

Specifically, the variation seeks to attach the Affordable Housing Payment to Plot A (known previously as Plots C2, C3 and C4) and remove the payment from Plot B (formerly Plot E1). This is required as AIRE may wish to sell Plot B and in the event that the purchaser is able to implement the 24/AP/3718 proposal they should not be bound by the obligation to make the Affordable Housing Payment.

It is not proposed to reduce the payment sum and it would still be index linked from the date secured in the original agreement (1 May 2022).