Cabinet Member Report
Decision Maker:
Cabinet Member Built Environment
Date:
6 November 2013
Classification:
For General Release
Title:
CMP Revision, Mayfair & St. James’s Policy
Booklet, and Flood Risk Policy Booklet:
Agreement for public consultation purposes.
Wards Affected:
All
Better City, Better Lives
Summary
The City Council’s Built Environment Business
Plan includes the following: A Connected City:
Finalise Westminster’s City Plan, the policies in
these two booklets will eventually form part of
that Plan, while also contributing to other better
city better lives objectives.
Key Decision:
Key Decision notified on 10th July 2013
Financial Summary:
There are no direct financial implications as a
result of the recommendations of this report as
any costs associated with public consultation
will be met from existing budgets
Report of:
Strategic Director Built Environment
1.
EXECUTIVE SUMMARY
1.1
The City Council is in the process of developing its detailed development
management policies to complement the strategic policies in the currently
adopted Core Strategy (January 2011) and the replacement Westminster’s City
Plan – Strategic Policies (which is to be adopted at Full Council on 13 th
November 2013) which is fully compliant with the National Planning Policy
Framework (NPPF – March 2012) and the adopted London Plan (July 2011).
Now that compliance with both of these documents has been achieved, work has
re-commenced on developing the more detailed development management
policies that will sit under the soon to be adopted strategic policies.
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1.2
Detailed development management policies were being developed as a separate
Development Plan Document (DPD) to be called the ‘City Management Plan’
(CMP). However, following the enactment of the Localism Act (2011) and
publication of the NPPF in March 2012, there is no longer a requirement to split
strategic and detailed local policies into two separate documents. It has been
decided, therefore, to merge the soon to be adopted Westminster’s City Plan –
Strategic Policies with the emerging CMP to create a single Local Plan for
Westminster – to be called ‘Westminster’s City Plan’. The detailed development
management policies are now being progressed as a revision, referred to as the
“CMP Revision” to the Core Strategy, by formal notification of the intent to revise
the Core Strategy in May 2012.
1.3
The publication of the NPPF, the adoption of the Mayor’s London Plan (and
subsequent further revised modifications on issues such as affordable rent),
along with key local policy issues such as the increase in office to residential
conversions, the rise in the number of planning applications for residential
basement extensions and Government changes to the planning system, e.g. the
permitted change of use of offices to residential and the permitted temporary
change of use of town centre uses to offices, residential, etc. have resulted in a
fast changing policy environment. In view of this, the above approach was
amended in January 2013 to consult on emerging policies and policy approaches
via a series of discursive booklets - rather than a fully worked up draft Plan. This
enables a focus on key issues, which are being dealt with on a topic basis, rather
than a full statutory plan document that must cover all issues evenly and with a
view to the final legal context it must operate in.
1.4
As stated above, given the ongoing liberalisation of permitted development rights
and changes to the planning system, it is becoming all the more important to
protect specialist uses and clusters of international renown in Westminster, which
are an integral and historical component of Westminster’s economy and social
history. The development of Special Policy Areas has therefore been identified
as a key issue for consideration in developing CMP policy. Much of the draft
policy and text within the Mayfair and St. James’s Policy Consultation
Booklet (attached as Appendix B) builds on the previous draft policy in the CMP,
published in November 2011. The Booklet responds to the consultation
responses to that document, updates facts and figures and text, where
appropriate, and takes on board research and evidence recently commissioned,
which has led to the proposed designation of a new SPA for Mayfair focussing on
Cork Street, which is set out in this booklet.
1.5
Also appended to this report is the Flood Risk Policy Consultation Booklet
(see Appendix C). Westminster is at risk of flooding from a number of sources,
including from the Thames and from surface water flooding resulting from heavy
rainfall. Much of the policy within the Flood Risk Policy Booklet builds on the
previous draft City Management Plan, published in November 2011, responding
to the consultation responses to that document, and updating text where
appropriate. The booklet (and the draft policy) includes a greater focus on
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surface water flooding than previously; this follows the collection of more detailed
evidence on surface water flood risk in Westminster.
2.
RECOMMENDATION
2.1
That the Cabinet Member for Built Environment agrees the following documents
for public consultation in line with the adopted Statement of Community
Involvement:
(i)
the Mayfair & St James’s Policy Consultation Booklet (attached at
Appendix B); and the Flood Risk Policy Consultation Booklet (attached at
Appendix C)
3.
REASONS FOR DECISION
3.1
The publication of both the Mayfair & St James’s Booklet and the Flood Risk
Booklet is an important step in developing a Local Plan that will include both
strategic and detailed local policies, and will enable the engagement and
consultation necessary to inform the final policy development and ensure the
Council develops an effective approach to this issue.
4.
BACKGROUND, INCLUDING POLICY CONTEXT
4.1
The City Council is in the process of developing its Local Plan, setting out the
policies for managing development of the City. The Core Strategy, containing
the strategic policies, was adopted in January 2011. This has been revised in
response to the publication of the Government’s National Planning Policy
Framework (March 2012) and the adoption of the London Plan (July 2011). The
revised document is to be called ‘Westminster’s City Plan: Strategic Policies’ and
will be adopted at Full Council on 13th November 2013.
4.2
In parallel to this, the City Council has been developing its detailed development
management policies. Originally, this was developed as a separate
Development Plan Document (DPD) called the ‘City Management Plan’ (CMP),
which has been through the following stages:
Notification of the intent to prepare the plan
Consultation to identify policy options
Consultation on policy options document
Consultation on draft document
4.3
Oct/Nov 2008
Jun 2009 to Dec 2010
Jan/Feb 2011
Nov 2011 to Mar 2012
Following the enactment of the Localism Act (2011) and publication of the NPPF
in March 2012, there is no longer a requirement to split strategic and detailed
local policies into two separate documents. It has been decided, therefore, to
merge the soon to be adopted Westminster’s City Plan – Strategic Policies with
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the emerging CMP to create a single Local Plan for Westminster – to be called
‘Westminster’s City Plan’. The detailed development management policies are
now being progressed as a revision, referred to as the “CMP Revision” to the
Core Strategy, by formal notification of the intent to revise the Core Strategy in
May 2012.
4.4
The publication of the NPPF, the adoption of the Mayor’s London Plan (and
subsequent further revised modifications on issue such as affordable rent), along
with key local policy issues and Government changes to the planning system
have resulted in a fast changing policy environment. In view of this, the above
approach was amended in January 2013 to consult on emerging policies and
policy approaches via a series of discursive booklets - rather than a fully worked
up draft Plan. This enables a focus on key issues, which are being dealt with on
a topic basis, rather than a full statutory plan document that must cover all issues
evenly and with a view to the final legal context it must operate in.
MAYFAIR & ST JAMES’S CONSULTATION BOOKLET (APPENDIX B)
4.6
The consultation booklet for Mayfair and St James’s is based on the policy
approach published in the CMP in November 2011, taking consultation
responses into account, and updating the original draft in light of changes in the
planning context, more recent statistics and new evidence. Key issues, new
evidence and changes include:
4.7
Westminster City Council – Art Galleries in St James’s (October 2012). This study
was undertaken by CPDU officers with the aid of ward budget funding, following
concerns raised by stakeholders in St James’s about development pressures and
the erosion of St James’s internationally renowned concentration of art galleries.
The study examines the extent and nature of the art galleries market in St
James’s, and to a lesser extent in Mayfair, while also consisting of a business
survey to gain greater understanding of the industry and current issues and
threats. This led to a set of key issues and recommendations going forward,
some of which also focused on the art gallery clusters in Mayfair, while providing
a robust evidence base to underpin the St James’s SPA.
4.8
Retail and development in Mayfair. Retail rental trends and development
pressures have been monitored closely in Mayfair, as the highest UK retail rents
in history are currently being achieved on Bond Street. This is creating pressure
on surrounding streets in the southern part of Mayfair in particular, such as
Albermarle Street, Dover Street, Cork Street and others, where rents have risen
as demand for retail space from international brands continues to grow, creating
secondary locations over spilling from Bond Street, while having the potential to
displace clusters of uses or types of retailer.
4.9
Public calls for protection of uses. Recent proposals have led to significant
media coverage and public calls for the protection of specialist uses both in the
adopted SPA’s of Savile Row and St James’s (adopted in Westminster’s City
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Plan, Strategic Policies), but also in the Mayfair draft SPA area. Two recent
development proposals in Cork Street have the potential to affect nearly half of
the existing art gallery units on the street. Media coverage was very strong and a
public petition was submitted to the council with over 13,000 signatures calling for
the protection of the art galleries and the street. The council has therefore been
working with developers and land owners to secure the art gallery space for the
future. A similar issue has been occurring in Savile Row, where the potential
introduction of a new international high street retailer has led to considerable
media coverage, an on street demonstration, and calls from the public,
businesses and other stakeholders for the protection of the street’s character and
function as the international home of bespoke tailoring.
4.10 New Mayfair Special Policy Area. Public concern and the council’s study on Art
Galleries has drawn attention to the national and international importance of the
cluster of art galleries on Cork Street, and their importance to the character and
function of the area. The Mayfair and St James’s consultation booklet therefore
contains proposals for a new SPA in Mayfair, focussing on Cork Street. The SPA
seeks to protect and promote art galleries and antique dealers in the area, while
also supporting other clusters such as luxury jewellery on Bond Street. There is
emphasis on working with landowners and developers to achieve this alongside
using the planning system, as a way to maintain and enhance this world leading
retail location.
4.11 Liberalisation of the planning system and permitted development rights.
Government has brought in one set of amendments to permitted development
rights, and is currently consulting on further amendments. Many of these
proposals affect certain existing A1 retail units, adding another layer of
complexity to the planning system while making it increasingly difficult for the
council to protect existing clusters and types of occupiers. A further issue is the
use of Article 4 directions, which have been suggested by government as a way
to mitigate their own proposals at a local level. However, article 4 directions are
costly for local authorities, and only remove the permitted right to change
between use classes and not within a use class (so for example betting shops
could still be introduced by a change from other A2 class uses).
FLOODING CONSULTATION BOOKLET (APPENDIX C)
4.12 Westminster is at risk of flooding from a number of sources, including from the
Thames and from surface water flooding resulting from heavy rainfall. Such risks
are projected to increase over the plan period as a result of climate change.
4.13 Much of the policy within the Flood Risk Policy Booklet builds on the previous
draft City Management Plan, published in November 2011, responding to the
consultation responses to that document, and updating text where appropriate.
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4.14 The most significant change to the policy involves the introduction of a greater
focus on surface water flooding than previously. This follows the collection of
more detailed evidence on surface water flood risk in Westminster, both through
WCC’s participation in the Drain London project (a pan-London project to assess
surface water flood risk) and through more comprehensive flood risk mapping of
the City that was recently completed by consultants. The booklet also draws on
Westminster’s Strategic Flood Risk Assessment and ongoing work developing
more focused studies of higher flood risk areas and the mitigation measures that
could be implemented (managed by Dianne James).
5.
FINANCIAL IMPLICATIONS
5.1
There are no specific financial implications as a result of the recommendations in
this report. Work on developing policies is met from existing budgets and public
consultation will be undertaken electronically, thereby, minimising printing costs,
etc. Any other costs associated with public consultation will be met from existing
budgets.
5.2
Addressing flood risk mitigation within the Local Plan (both now and over the plan
period as a result of climate change) is important as there is potential for flood
risk - if not managed effectively - to negatively impact on property values and
economic activity. If the impact of climate change on flood risk is not taken into
account there is a danger that properties that are built and which are insurable
today will struggle to access cover as flood risk rises in the coming years; and
also a danger that flood events will cause disruption to the City’s infrastructure
and economy.
6.
LEGAL IMPLICATIONS
6.1
The proposed Consultation Booklets are part of the plan development process as
set out in the Town and Country Planning Act (1990) (as amended), The
Planning and Compulsory Purchase Act (2004) and the Town and Country
Planning (Local Planning) (England) Regulations (2012). However, as they are
part of an informal consultation stage they are not subject to any specific
requirements under the legislation or regulations.
7.
BUSINESS PLAN IMPLICATIONS
7.1
The local plan, and the detailed policies it contains, will deliver against all three
Better City, Better Lives objectives: An Enterprising City, A Safer Healthier City,
A Connected City.
7.2
The enterprising city objective is of most relevance to the Mayfair & St James’s
booklet, particularly around supporting businesses and promoting Westminster’s
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economy, alongside employment and training opportunities in Mayfair & St
James’s. West End Commission work is also a part of this objective; with Mayfair
& St James’s being a key and historic part of the West End.
7.3
8.
The safer, healthier city objective is of most relevance to the Flood Risk Booklet,
particularly the priority for longer, healthier independent lives. Managing flood risk
across the City is critical to ensuring people’s health and wellbeing and to
maintaining the success of the area. The enterprising city objective is also
relevant as the West End Commission work forms part of this objective; the
West End Commission’s final report highlights the need “ensure that the West
End are becomes more resilient in the face of climate change – including flash
flooding”.
HEALTH AND WELLBEING IMPACT ASSESSMENT INCLUDING HEALTH AND
SAFETY IMPLICATIONS
8.1 The health and well-being assessment for the local plan is being undertaken as
part of an Integrated Impact Assessment, also looking at equalities and
sustainability. It is an iterative process and will be published at the formal stages
of consultation.
8.2 The Flood Risk Booklet has direct implications for protecting the long-term health
and wellbeing of residents, visitors and workers in the City of Westminster. If not
effectively managed increasing flood risk could result in damage to buildings and
infrastructure and disruption to transport and business, leading to stress and health
problems.
9.
IMPACT ON THE ENVIRONMENT
9.1 Implementation of the local plan, and the detailed policies it contains, will
avoid/minimise the negative environmental impacts of development and maximise
positive environmental outcomes. The draft policy in the Flood Risk Booklet, if
implemented, would help to realise a more resilient City that is less vulnerable to
flooding and the negative environmental impacts this brings (e.g. water pollution,
damage to property and public realm).
10. EQUALITIES IMPLICATIONS
10.1 An equalities assessment is being undertaken as part of an Integrated Impact
Assessment, also looking at health and well-being, and sustainability. It is an
iterative process and will be published at the formal stages of consultation.
11. ENERGY MEASURE IMPLICATIONS
11.1 There are no significant energy measure implications.
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12. COMMUNICATIONS IMPLICATIONS
12.1
The fullest opportunity to communicate proposals will be taken through
workshops at the area forums, as set out below in 13.
12.2
In addition the proposals for Savile Row are being developed in consultation with
the Savile Row Strategic Group (City Council, Pollen Estate, Savile Row
Bespoke Association), the Mayfair SPA is being developed in consultation with
trade associations and other stakeholders such as Sotheby’s, and the St James’s
SPA is being developed in consultation with the Crown Estate and St James’s
Conservation Trust along with other stakeholders.
12.3
In addition the Flood Risk Booklet is being developed in the context of ongoing
cross-boundary collaborative working on flood risk management coordinated
through the Central North London Lead Local Flood Authorities Group.
13.
CONSULTATION
13.1
The consultation process thus far has been comprehensive, consisting of several
statutory stages alongside more informal methods. The statutory stages have
included the consultation, examination in public and adoption of Westminster’s
Core Strategy, which has since been revised and re-examined as Westminster’s
City Plan: Strategic Policies, to be adopted in November of this year. In addition,
earlier iterations of the city management policies that are contained in these
booklets were the subject of an issues and options consultation, workshops, and
a preferred options consultation.
13.2
Ongoing consultation of the following groups will be undertaken, in line with the
City Council’s Statement of Community Involvement (SCI) which sets out how
the consultation process will operate:






All Members
Statutory consultees, including those subject to the statutory duty to
cooperate (Localism Act 2011)
The Mayor of London and the GLA family
Consultees registered on the LDF database (comprehensively reviewed and
updated in March 2013, and currently comprising about 400 consultees
including members of the public and residents’ groups).
In addition for the Mayfair & St James’s booklet: Key local stakeholder groups
such as the Savile Row Strategic Group, Crown Estate, St. James’s
Conservation Trust
In addition for the Flood Risk booklet: The Central North London Lead Local
Flood Authorities.
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13.3 In addition the consultation booklets will be accessible to all on the Council’s LDF
webpages - www.westminster.gov.uk/services/environment/planning/ldf.
If you have any queries about this Report or wish to inspect any of the
Background Papers please contact:
Laurence Brooker (Mayfair & St. James’s), Principal Planning Officer, Built
Environment, City Planning, 020 7641 2447, lbrooker@westminster.gov.uk.
Doug McNab (Flood Risk), Principal Environmental Policy & Projects Officer,
Built Environment, City Planning, 020 7641 3827, dmcnab@westminster.gov.uk.
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APPENDICES
Appendix A: Further implications – risk management
Appendix B: Mayfair & St. James’s Consultation Booklet
Appendix C: Flooding Consultation Booklet
BACKGROUND PAPERS
1. Westminster’s City Plan: Strategic Policies (to be adopted November
2013)
2. City Management Plan Consultation Draft November 2011
3. London Plan July 2011
4. Bespoke Tailoring in the West End, WCC 2006
5. Art Galleries in St James’s, WCC 2012
6. The rise and rise of London’s Luxury Quarter, JLL 2012
7. Culture & Commerce: The Royal Academy and Mayfair, Comedia 2013
8. Strategic Flood Risk Assessment, WCC 2010
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For completion by the Cabinet Member for Built Environment
Declaration of Interest
I have <no interest to declare / to declare an interest> in respect of this report
Signed:
NAME:
Date:
Councillor Robert Davis
State nature of interest if any …………………………………………………………..……
…………………………………………………………………………………………………..
(N.B: If you have an interest you should seek advice as to whether it is appropriate to make a decision in
relation to this matter)
For the reasons set out above, I agree the recommendation(s) in the report entitled
CMP Revision, Mayfair & St James’s Policy Booklet, and Flood Risk Policy
Booklet: Agreement for public consultation purposes and reject any alternative
options which are referred to but not recommended.
Signed ………………………………………………
Cabinet Member for Built Environment
Date …………………………………………………
If you have any additional comment which you would want actioned in connection with
your decision you should discuss this with the report author and then set out your
comment below before the report and this pro-forma is returned to the Secretariat for
processing.
Additional comment: …………………………………….……………………………………
……………………………………………………………………..……………………………
…………………………………………………………………….…………………………….
If you do not wish to approve the recommendations, or wish to make an alternative
decision, it is important that you consult the report author, the Head of Legal and
Democratic Services, Strategic Director Finance and Performance and, if there are
resources implications, the Strategic Director of Resources (or their representatives) so
that (1) you can be made aware of any further relevant considerations that you should
take into account before making the decision and (2) your reasons for the decision can
be properly identified and recorded, as required by law.
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Note to Cabinet Member: Your decision will now be published and copied to the
Members of the relevant Policy & Scrutiny Committee. If the decision falls within the
criteria for call-in, it will not be implemented until five working days have elapsed from
publication to allow the Policy and Scrutiny Committee to decide whether it wishes to
call the matter in.
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Appendix A
Other Implications – Risk Management
1
Risk Management Implications
1.1 The Flood Risk Booklet proposes a draft policy that if adopted and implemented
will help to manage flood risk and the impacts of flooding in the City of
Westminster.
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Appendix B: Mayfair & St. James’s Policy Consultation Booklet
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Appendix C: Flood Risk Policy Consultation Booklet
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