Agenda item

Planning application reference: 24/AP/3834 (Non-determination appeal)

Report: See pages 10 to 75 of the agenda pack, pages 1 to 3 of the addendum report and page 1 to 7 of the appendix to the addendum report.

PROPOSAL

Demolition of existing building and construction of mixed-use development comprising 38no. residential flats (Class C3) and commercial floorspace (Class E), together with landscaping, plant, car parking, cycle storage, waste/recycling storage and associated works.

The committee heard the officer’s introduction to the report. Members of the committee asked questions of the officers.

The meeting then adjourned for a comfort break at 8.30pm, and restarted at 8.38pm.

There were no objectors present at the meeting and wishing to speak.

The applicant addressed the committee and responded to questions from members.

There were no supporters present, who lived within 100 metres of the development site and wished to speak.

There were no ward members present who wished to address the committee.

Members of the committee then asked further questions of the officers.

Motion to exclude Press and Public

At 9pm, a motion to exclude the press and public was moved, seconded, put to the vote and declared carried.

RESOLVED:

That the press and public be excluded from the meeting during consideration of this on the grounds that exempt information would be disclosed, as defined in Article 10.4.5 of the Council's Access to Information Procedure Rules.

Once the meeting resumed in open session at 9.38pm, a motion setting out the reasons why the council would have refused planning permission was moved, seconded, put to the vote and declared carried. 

RESOLVED:

That if the council had determined the application, it would have refused it for the following reasons; and that at the forthcoming appeal the council’s position is that planning permission should be refused for the following reasons:

Quality of Accommodation

The proposed development would fail to provide a satisfactory standard of residential accommodation for future occupiers and, when viewed as a whole, would result in poor quality living conditions across a significant proportion of the scheme, with particular and significant harm arising in relation to the proposed wheelchair accessible dwellings.

The development relies on a number of single-aspect dwellings, including wheelchair accessible units (A03, A07 and A11) located on the Rye Lane frontage, which is exposed to high levels of environmental noise. These units, together with other dwellings facing Rye Lane, would be likely to require occupants to keep windows closed for prolonged periods, resulting in an over-reliance on mechanical ventilation to maintain acceptable internal environmental conditions. A number of units are further compromised by the extensive use of obscure glazed windows, restricted outlooks towards blank brick elevations, internal winter gardens in place of external private amenity space, and limited opportunities for meaningful views out. The proposal also demonstrates shortcomings in daylight provision, with numerous habitable rooms, including living spaces and bedrooms within wheelchair accessible units, failing to meet BRE target illuminance criteria guidelines.

In addition, the proposed wheelchair accessible dwellings fail to achieve the minimum internal floorspace requirements set out by Southwark Plan Policy P8, with units A03, A05, A07, A09 and A11 falling below the prescribed minimum standards. The scheme also fails to provide a second lift serving wheelchair accessible homes located above ground floor level, contrary to Policy P8 requirements. The deficiencies in floorspace, outlook, daylight, privacy, noise exposure, amenity provision and accessibility collectively result in an unacceptable standard of accommodation, particularly for future wheelchair users, and fail to demonstrate that the proposed single-aspect dwellings would achieve adequate passive ventilation, daylight, privacy and overheating resilience. There are concerns the development has the potential to result in a significant adverse effect for those with the protected characteristic of disability.

For these reasons, the proposal is contrary to Policies P8, P15 and P56 of the Southwark Plan 2022, Policy D6 of the London Plan 2021, the Housing Design Standards Supplementary Planning Guidance 2023, the Support for Housebuilding London Plan Guidance 2026 and the Southwark Householder Development SPD 2025 (minimum room sizes only). As such, the development would provide a poor-quality residential environment and fails to secure a high standard of amenity and accessible housing for future occupiers.

Affordable Housing

The proposed development fails to deliver a 35% affordable housing contribution (social rented and intermediate homes) and would therefore not maximise the provision of affordable housing on-site, off-site or by way of payment in lieu. Whilst the applicant has submitted viability evidence which seeks to justify a reduced affordable housing contribution in accordance with Policy P1 of the Southwark Plan 2022, the proposal would nonetheless result in an unacceptable loss of opportunity to address Southwark's acute and pressing affordable housing need.

The Council's evidence demonstrates a significant and persistent demand for social rented and intermediate housing, with over 18,000 households currently on the housing waiting list and a particularly acute need for social rented homes. Although Southwark has a strong record of housing delivery and continues to facilitate substantial housing growth, the borough is currently unable to demonstrate a full five-year housing land supply, with the Authority Monitoring Report 2025/26 identifying only 4.53 years of supply. In these circumstances, the delivery of affordable housing assumes even greater importance. Every residential development is expected to make the maximum reasonable contribution towards meeting identified affordable housing needs, and schemes which fail to do so represent a missed opportunity to address the borough's substantial housing pressures.

Given the scale of the identified need, the limited availability of development opportunities within the borough, and the Council's strategic objective of maximising affordable housing delivery, the shortfall in affordable housing within this proposal attracts substantial weight. Even acknowledging the submitted viability position, the development would fail to make an adequate contribution towards meeting Southwark's acute affordable housing needs and would therefore conflict with the National Planning Policy Framework 2024 and Policy P1 of the Southwark Plan 2022.

Substantial weight has been attributed to the value of using brownfield land for homes and other identified needs (including the opportunity to remediate any potentially contaminated land) but the weight does not outweigh the harms identified. Officers have not identified a strong reason for refusal when viewed against policies that protect areas or assets of particular importance, but officers have identified significant adverse impacts (in relation to the standard of residential accommodation for future occupiers, when viewed as a whole, and in particular the potential for significant harm arising in relation to the proposed wheelchair accessible dwellings, together with the failure to provide affordable housing) that is considered to significantly and demonstrably outweigh the benefits of the development, when assessed against the policies in the NPPF taken as a whole, having had particular regard to key policies for directing development to sustainable locations, making effective use of land, securing well-designed places and providing affordable homes, individually or in combination, including the specific paragraphs within in the footnote.