The Planning Committee (Major Applications) A meeting was scheduled to discuss a business relocation strategy for the Borough Triangle development and significant redevelopment proposals at Canada Water Retail Park. The committee was also set to consider a deed of variation to a Section 106 agreement related to affordable housing contributions for the Canada Water development.

Borough Triangle Business Relocation Strategy S106 Obligation

The committee was scheduled to consider the draft wording of a Business Relocation Strategy, which forms part of a Section 106 legal agreement. This strategy is linked to the planning permission granted for a mixed-use development at the Borough Triangle site, encompassing addresses at 18-54 Newington Causeway, 69 Borough Road, and 82-83 Borough Road. The report pack indicated that council officers, Berkeley Homes, and their respective legal teams had been discussing the wording of this section of the agreement.

The draft strategy outlines seven key components:

• The Final Business Relocation Strategy itself.
• A Temporary Food Market.
• The appointment of an Independent Business Advisor.
• A Business Relocation Fund.
• The provision of a Sui Generis Unit, which is a new permanent market space.
• The establishment of a Trader Steering Group.
• The provision of Relocation Information.

The report detailed that the Final Business Relocation Strategy would need to be submitted 12 months after the planning consent is free of legal challenge. It would include confirmation of the Temporary Food Market planning application submission, details of assistance for traders in business planning, information on how potential relocation premises would be communicated, and an updated Equalities Impact Assessment.

Berkeley Homes would consult with traders on the design of the temporary food market, with an application for this market to be submitted no later than 12 months after the permission is free for challenge. This temporary market would include a minimum of 12 stalls, space for shared seating and dining, and details on fit-out, rent (capped at current levels), marketing, and operational hours. Crucially, the existing Mercato Metropolitano would not close until the temporary market is ready for occupation to ensure continuity of trade.

An Independent Business Advisor would provide practical support, enterprise support, and guidance on applications for the temporary market and relocation fund, including assistance for those whose first language is not English. A Business Relocation Fund of £200,000 would be managed by the council in consultation with Berkeley Homes and the Independent Business Advisor, available to traders at Mercato Metropolitano at the date planning permission is issued, but not for traders with 10 or more locations. This fund could cover relocation costs such as legal and surveyor fees, removal, and fit-out.

Existing traders would have an exclusive right of application for tenancies in the new permanent food hall for three months. The Temporary Food Market would not close until the new permanent market is ready for occupation. A Trader Steering Group, comprising the council and Berkeley Homes, would govern the strategy and meet quarterly. Berkeley Homes would also share a database of vacant premises.

The report noted that Berkeley had continued speaking with traders, with 15 traders confirming support for the business support package.

Development Management: Canada Water Retail Park

The committee was scheduled to consider two related planning applications concerning the redevelopment of the Canada Water Retail Park, located at Surrey Quays Road, London, SE16 2XU.

Item 7.1: Full Planning Permission for Unit 1 and 4 Canada Water Retail Park

This application sought full planning permission for the demolition of all existing buildings and structures and the comprehensive redevelopment of the site. The proposal included:

• Plot A: Erection of two new commercial buildings (A1 and A2) to provide offices (Class E(g)) with retail/food and drink/professional services (Class E(a/b/c)), including a shared basement, servicing, parking, and ancillary accommodation. Building A1 was proposed to be up to 24 storeys high (110.0m AOD), and Building A2 up to 11 storeys high (55.40m AOD).
• Plot B: Erection of two new buildings. Building B1 would provide purpose-built student accommodation (sui generis) with community use (Class F2), reaching up to 25 storeys (91.2m AOD). Building B2 would provide residential accommodation (Class C3) with retail/food and drink (Class E(a/b)), up to 8 storeys high (41.6m AOD). This plot would include basements, servicing, parking, and ancillary accommodation.
• The proposal also included provision for cycle parking, Blue Badge parking, landscaping, new vehicular access points, and other incidental works.

The report detailed extensive considerations regarding environmental impact assessments, land use, employment, affordable workspace, affordable housing, design, heritage, landscaping, ecology, fire safety, amenity impacts, transport, energy, sustainability, and planning obligations (Section 106 agreements). The application was noted to have followed a viability-tested route, with the council's consultant scrutinising the Financial Viability Assessment. The report recommended granting planning permission subject to conditions, referral to the Mayor of London, and the applicant entering into an appropriate legal agreement.

Item 7.2: Deed of Variation to a Section 106 Agreement

This item concerned a Deed of Variation to a Section 106 legal agreement originally signed as part of planning consent 12/AP/4126. This agreement had been amended previously and a further Deed of Variation was signed on 18 January 2023, relating to payment triggers for an Additional Affordable Housing Payment.

The current proposal sought a further Deed of Variation to amend the payment triggers for this Affordable Housing Payment. Specifically, the variation aimed to attach the payment obligation to Plot A (formerly Plots C2, C3, and C4) and remove it from Plot B (formerly Plot E1). This was requested because AIRE UK Canada Water GP PropCos Limited, the landowner, may wish to sell Plot B. If a purchaser were to implement the new proposals for Plot B (which include onsite affordable housing), they should not be bound by the obligation to make this specific Affordable Housing Payment. The payment sum itself would not be reduced and would remain index-linked from 1 May 2022.

The report indicated that officers were satisfied that the variation would be effective in securing the payments and would not undermine the original reasons for imposing the obligations. The recommendation was for officers to be granted delegated authority to complete the Deed of Variation.

The committee was also provided with supplemental agenda packs and addendum reports containing late representations, report corrections, and additional information regarding the planning applications. These included further comments on the Borough Triangle S106 wording and additional analysis on daylight impacts for the Canada Water development.