21- 57 Willow Way public inquiry
Background
On 22 December 2022, CarneySweeney Planning submitted an application on behalf of Kitewood Estates Limited for the demolition of the existing buildings and redevelopment of the site comprising a block rising to 5/6 storeys accommodating 1,401sqm of employment floorspace (Use Classes E(g)(i)(ii)(iii)) at ground and mezzanine floors and 60 residential units (Use Class C3) above, with associated landscaping, amenity areas, cycle, car parking and refuse/recycling stores at 21- 57 Willow Way, London, SE26.
On 23 March 2023, the Council refused planning permission under delegated powers on the following grounds:
1. The proposal would result in a loss of industrial capacity on the site which would be a departure from the adopted local plan and no exceptional circumstances are demonstrated to show that this would be compliant with the direction of the draft Local Plan. The proposal would therefore fail to comply with Policy 3 in Lewisham’s Core Strategy (2011), Site Allocation 48 in the Site Allocations Local Plan (2013), Policy D7 in the London Plan (2021) as well as emerging policies (Site Allocation 9: Willow Way, EC2, EC3, EC6) in the Lewisham Local Plan Proposed Submission Document-Regulation 19 Stage (January 2023).
2. The lack of detail on the proposed uses across the masterplan site results in a failure to demonstrate that the intensified co-location of uses can function at the proposed capacity of the masterplan site. Furthermore, it results in officers being unable to conclude that the proposal would meet the relevant transport, design, public realm or environmental policy (noise, air quality as well as sustainable urban drainage, energy and biodiversity) requirements. The granting of this application in absence of these details would fetter the development opportunity of the adjoining sites and undermine the objectives of the wider site allocation and masterplan area. The proposal would therefore fail to meet policies D3, D13, E6, E7 and SI 11 in the London Plan (2021), Policy E3 in the CLewisham Core Strategy (2011) as well as emerging policies (Site Allocation 9: Willow Way, EC2, EC3, EC6) in the Lewisham Local Plan Proposed Submission Document- Regulation 19 Stage (January 2023).
3. The proposals would result in the closing of existing businesses on site with no justification/ relocation package proposals and there is insufficient detail in the submission on whom future occupants might be and how the space, servicing and fit out requirements will attract a range of businesses within the target market. Combined with the lack of detail to show that the site itself can be adequately serviced or that the wider masterplan area won’t be impacted by the proposed servicing arrangements, this could impact the quality and uptake of employment spaces and undermine the continued function of the employment location. The proposal is therefore contrary to policies D3, D13, E2, E3, E6, E7, T7 of the London Plan, Policy 14 in the Core Strategy (2011) as well as emerging policies (Site Allocation 9: Willow Way, EC2, EC3, EC6) in the Lewisham Proposed Submission (Regulation 19 Plan).
4. No townscape views have been submitted and the proposal does not demonstrate a context based design that responds to local character, including surrounding heritage assets. Furthermore, the building heights in the masterplan area are excessive and without additional information, officers cannot conclude the proposals would result in high quality design or preserve local heritage assets. The proposal is therefore contrary to policies D3, D6 and HC1 in the London Plan (2021); paragraph 126 in the NPPG and paragraphs 127, 130, 199, 200 and 203 in the NPPF (2021) and; sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
5. The proposal fails to provide a housing mix in line with the requirements of the boroughs Strategic Housing Market Assessment and the applicant has provided no design feasibility or viability justification for this. The proposal would therefore be contrary to policies H4 and H6 in the London Plan (2021), Policy 1 in Lewisham’s Core Strategy (2011) and Policy 7 in Lewisham’s Development Management Local Plan (2014).
6. The submitted noise, flood risk and ecology reports have missing and conflicting information and therefore officers cannot confirm the proposals meet the requirements of the relevant policies. The proposal is therefore contrary to policies G1, G5 and GG6 of the London Plan (2021) as well as paragraphs 8c, 159, 170, 174 and 185 of the NPPF.
On 14 July 2023, CarneySweeney Planning submitted an appeal on behalf of Kitewood Estates Limited and the Planning Inspectorate recommended a public inquiry to be held.
Details of the public inquiry
The public inquiry into 21- 57 Willow Way, London, SE26 4QP will open on 31 October 2023 and will close on 8 November 2023.
Contact the planning inspectorate: rebecca.luxton@planninginspectorate.gov.uk
Contact Lewisham Council: planning@lewisham.gov.uk
Venue: Council Chamber, Civic Suite, Lewisham Town Hall, Catford, London SE6 4RU and St Laurence Church, 37 Bromley Rd, London SE6 2TS (8th of November 2023 only)
Full application, decision to refuse, and appeal information
Initial planning application
Planning application reference number: DC/22/129789
Description of the planned work:
Demolition of existing buildings and redevelopment of the site comprising a block rising to 5/6 storeys accommodating 1,401sqm of employment floorspace (Use Classes E(g)(i)(ii)(iii)) at ground and mezzanine floors and 60 residential units (Use Class C3) above, with associated landscaping, amenity areas, cycle, car parking and refuse/recycling stores at 21- 57 Willow Way, London, SE26.
Planning application received: 22/12/2022
Appeal
An appeal was lodged on 14/07/2023
Planning Inspectorate reference: APP/C5690/W/23/3321935
Procedure: public inquiry
How to watch or listen to the public inquiry
Watch or listen to the public inquiry
Inquiry documents
Core documents schedule
CD 0.1 Schedule of Core Documents
Planning application documents
CD 1.4 Application Drawings (Existing)
CD 1.5 Application Drawings (Proposed)
CD 1.6 Proposed Elevation Detail
CD 1.7 Proposed Floor Plan Drawings
CD 1.11 Design and Access Statement
CD 1.13 Landscape Design Statement
CD 1.14 Emerging Outline Masterplan Proposals
CD 1.15 Daylight Sunlight and Overshadowing Assessment
CD 1.17 Employment and Marketing Strategy
CD 1.19 Sustainability Statement
CD 1.20 Noise Impact Assessment
CD 1.21 Preliminary Ecological Appraisal
CD 1.22 Air Quality Assessment
CD 1.24 Archaeological Desk-based Assessment
CD 1.25 Surface and Foul Water Drainage Strategy Report
CD 1.28 Planning Stage Fire Safety Report
CD 1.29 GLA Carbon Emission Reporting Spreadsheet
CD 1.30 BRUKL Output Document - Be Green
CD 1.31 Statement of Community Involvement
CD 1.32 Framework Employment Travel Plan
CD 1.33 Framework Residential Travel Plan
CD 1.34 Outline Construction and Environmental Management Plan
CD 1.35 Outline Delivery and Servicing Management Plan
Legal agreement documents
Lewisham Council documents
Consultation Responses
Statutory Consultation Responses for Planning Application
CD 3.1 Urban Design Consultee Response
CD 3.2 Highways Consultee Response
CD 3.3 Economy, Jobs and Partnerships Consultee Response
CD 3.4 Environmental Protection Consultee Response
CD 3.5 Ecological Regeneration Consultee Response
CD 3.6 Flood Risk and Drainage Consultee Response
CD 3.7 Energy Consultee Response
CD 3.8 Conservation Consultee Response
Statutory Consultation Responses for Appeal Submission
CD 3.9 Urban Design Consultee Response
CD 3.10 Highways Consultee Response
CD 3.11 Economy, Jobs and Partnerships Consultee Response
CD 3.12 Environmental Protection Consultee Response
CD 3.13 Ecological Regeneration Consultee Response
CD 3.14 Flood Risk and Drainage Consultee Response
CD 3.15 Energy Consultee Response
CD 3.16 Conservation Consultee Response
Public Comments
External Consultee Comments
CD 3.18 External Consultee Comments
Development plan, national policy and other guidance
CD 4.0 London Plan (March 2021)
CD 4.1 London Plan Policy D1 - London's form, character and capacity for growth
CD 4.2 London Plan Policy D3 – Optimising site capacity through the design-led approach
CD 4.3 London Plan Policy D4 – Delivering Good Design
CD 4.4 London Plan Policy D13 - Agent of Change
CD 4.5 London Plan Policy E2 - Providing suitable business space
CD 4.6 London Plan Policy E6 - Locally Significant Industrial Sites
CD 4.7 London Plan Policy E7 - Industrial intensification, co-location and substitution
CD 4.8 London Plan Policy H4 - Delivering affordable housing
CD 4.9 London Plan Policy H5 – Threshold approach to applications
CD 4.10 London Plan Policy H6 – Affordable housing tenure
CD 4.11 London Plan Policy HC1 – Heritage conservation and growth
CD 4.12 London Plan Policy T1 - Strategic approach to transport
CD 4.13 London Plan Policy T2 – Healthy Streets
CD 4.14 London Plan Policy T4 – Assessing and mitigating transport impacts
CD 4.15 London Plan Policy T5 – Cycling
CD 4.16 London Plan Policy T6 – Car Parking
CD 4.17 London Plan Policy T7 – Deliveries, servicing and construction
CD 4.18 Development Management Local Plan (November 2014)
CD 4.19 Development Management Policy 7 – Affordable rented housing
CD 4.20 Development Management Policy 10 – Local Employment Locations (LEL)
CD 4.21 Development Management Policy 30 - Urban design and local character
CD 4.22 Development Management Policy 32 - Housing design, layout and space standards
CD 4.23 Development Management Policy 35 - Public realm
4.26 Core Strategy (June 2011)
CD 4.27 Core Strategy Policy 1 – Housing provision, mix and affordability
CD 4.28 Core Strategy Policy 3 – Strategic Industrial Locations and Local Employment Locations
CD 4.29 Core Strategy Policy 4 - Mixed Use Employment Locations
CD 4.30 Core Strategy Policy 14 – Sustainable movement and transport
CD 4.31 Core Strategy Policy Policy 15 – High quality design for Lewisham
CD 4.32 Core Strategy Policy 16 – Conservation areas, heritage assets and the historic environment
CD 4.33 Core Strategy Spatial Policy 5 - Areas of Stability and Managed Change
CD 4.34 Site Allocations Local Plan (June 2013)
CD 4.35 Site Allocation 48_Willow Way Local Employment Location
CD.4.36 Lewisham Local Plan Proposed Submission Document – Regulation 19 Stage (January 2023)
CD 4.37 West Site Allocation 9 Willow Way Locally Significant Industrial Site (LSIS)
CD 4.38 Proposed Submission Local Plan Policy DM3 – Masterplans and comprehensive development
CD 4.40 Proposed Submission Local Plan Policy EC3 – High quality employment areas and workspace
CD 4.41 Proposed Submission Local Plan Policy EC6 – Locally Significant Industrial Sites (LSIS)
CD 4.42 Proposed Submission Local Plan Policy HE3 - Non-designated heritage assets
CD 4.43 Proposed Submission Local Plan Policy HE1 - Lewisham’s Historic Environment
CD 4.44 Proposed Submission Local Plan Policy HE2 - Designated Heritage Assets
CD 4.45 Proposed Submission Local Plan Policy QD1 - Delivering high quality design in Lewisham
CD 4.46 Proposed Submission Local Plan Policy QD6 - Optimising Site Capacity
CD 4.47 National Planning Policy Framework (2023)
CD 4.61 NPPF para 171 (para 170 of NPPF 2021)
Planning Practice Guidance
CD 4.70 National Planning Practice Guidance
CD 4.71 Lewisham Planning Obligations SPD (February 2015)
Additional Guidance
CD 4.75 Optimising Site Capacity: A Design-led Approach London Plan Guidance (LPG) (June 2023)
CD 4.76 London Cycling Design Standards (LCDS) (2014)
CD 4.77 Manual for Streets (DfT, 2007)
CD 4.78 Lewisham Waste Management Guidance for Architects and Property Developers
CD 4.81 Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990
CD 4.82 Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990
CD 4.83 London Borough of Lewisham Strategic Housing Market Assessment 2021/22 Update
CD 4.84 Domestic 3: Suburban and Country Houses Listing Selection Guide (December 2017)
CD 4.86 Lewisham Characterisation Study (March 2019)
CD 4.87 London Borough of Lewisham Parking Policy (March 2023)
CD 4.88 Streetscape Guidance Fourth Edition Revision 2 (TfL, 2022)
CD 4.89 Cycle Infrastructure Design Local Transport Note 1.20 (July 2020)
CD 4.90 Lewisham Employment Land Study Final Report (CAG Consultants and Aspinall Verdi, March 2019)
CD 4.91 Lewisham Local Plan Site Allocations Background Paper (January 2021)
CD 4.94 IEMA, 2021, Principles of Cultural Heritage Impact Assessment in the UK
CD 4.95 London Councils Loading and Unloading (February 2011)
CD 4.96 Lambeth Council Parking Survey Guidance Note (2021)
CD 4.97 Lewisham Annual Monitoring Report 2021-2022 (December 2022)
CD 4.100 Housing Design Standards (GLA, 2023)
CD 4.101 Healthy Streets for London (Transport for London, 2017)
Appeal documents
CD 5.3 Statement of Case on behalf of the Appellant
CD 5.3.1 Appendices to Statement of Case of the Appellant
Appendix 1 - An Existing Floorspace Schedule for the Appeal Site
Appendix 2 - 2023 Bat Survey (21-57 Willow Way SE26 4QP) 040523 v1
Appendix 2 - Biodiv Metric 4.0 Calculation Tool
Appendix 2 - BNG Part 1 and 2 Willow Way Arbtech 042023
Appendix 2 - Ecology Addendum - (21-57 Willow Way SE26 4QP) - Arbtech 040523 v1
Appendix 3 – Comments of the Lewisham Design Review Panel, 10 March 2023
Appendix 4 - Redacted consultee comments provided by LBL
Appendix 5 – Planning officer’s delegated report
Appendix 6 - Pre-application enquiry documentation from September 2022
Appendix 7 – Section through proposed workspace
Appendix 8 – Section through William Wood House
Appendix 9 – Existing v Proposed Floorspace Plan
Appendix 10 – Relocation Summary
Appendix 11 – Employment Report from Kalmars
Appendix 11 - APPENDIX A - INDUSTRIAL FOR SALE
Appendix 11 - APPENDIX B - INDUSTRIAL TO LET
Appendix 11 - APPENDIX C - INDUSTRIAL SOLD
Appendix 11 - APPENDIX D - INDUSTRIAL LET
Appendix 11 - APPENDIX E - example CGIs
Appendix 12 – Utilities information
Appendix 13 – Landscape Addendum
Appendix 14 – Heritage Addendum
Appendix 16 – Surface Water and Drainage Technical Note
Appendix 17 – Townscape and Visual Impact Assessment 1
Appendix 17 – Townscape and Visual Impact Assessment 2
Appendix 17 – Townscape and Visual Impact Assessment 3
Appendix 18 – Transport Technical Note
Appendix 19 – Sustainability Addendum
CD 5.4 Statement of Case on behalf of Lewisham Council
CD 5.4.1 Appendices to Statement of Case on behalf of Lewisham Council
Appendix 1 - LBL pre-application response letter dated 22 April 2020
Appendix 2 - LBL pre-application response letter dated 18 December 2020
Appendix 3 - Letter from Kitewood dated 3 October 2022
Appendix 4 - LBL pre-application response letter dated 5 October 2022
Appendix 5 - Report of Lewisham Design Review Panel
Appendix 6 - Industrial Intensification and Co-Location Study - Design and Delivery Testing
Appendix 7 - Lewisham Creative and Digital Industries Strategy - Spatial Guidance
Appendix 8 - Optimising Site Capacity - A Design-Led Approach LPG
Appendix 9 - GLA Practice Note - Industrial Intensification and Co-Location
Appendix 10 - Historic England Advice Note 12
CD 5.5 Statement of Common Grounds
CD 5.6 Proof of Evidence of Paula Carney
CD 5.7 Proof of Evidence of Richard Kalmar
CD 5.7.1 Appendices to Proof of Evidence of Richard Kalmar
APPENDIX A - INDUSTRIAL FOR SALE
APPENDIX B - INDUSTRIAL TO LET
APPENDIX E - HCA Employment Density Guide
APPENDIX F - GLA Industrial Intensification Guide
APPENDIX G - Design and Delivery Testing (We Made That 2018)
APPENDIX H - RICS Code Of Measuring Practice 6th edition
APPENDIX I - Dace Road Appeal Decision
APPENDIX J - Bank of England Agents' Summary
APPENDIX K - Potential Uses and their employment generation
Appendix L - Marketing details Greenwich Centre Business Park
APPENDIX M – District valuers’ sizes and use descriptions
APPENDIX N - Marketing Details Bessemer Park
APPENDIX O - Marketing Brochure Silwood Street
APPENDIX P - Photos of Existing building
Appendix Q - Existing Site Images
CD 5.8 Proof of Evidence of Jason Flanagan
CD 5.9 Proof of Evidence of Henrik Lonberg
CD 5.10 Proof of Evidence of Andy Shelley
CD 5.11 Proof of Evidence of Mark Kirby
CD 5.12 Proof of Evidence of Antigoni Gkiza
CD 5.12.1 Summary of Proof of Evidence of Antigoni Gkiza
CD 5.13 Proof of Evidence of Joanna Ecclestone
CD 5.13.1 Summary of Proof of Evidence of Joanna Ecclestone
CD 5.14 Proof of Evidence of Beth Stevens
CD 5.14.1 Summary Proof of Evidence of Beth Stevens
CD 5.15 Proof of Evidence of Melissa Vento
CD 5.15.1 Summary of Proof of Evidence of Melissa Vento
CD 5.16 Draft List of Conditions
CD 5.17 CIL Compliance Statement
CD 5.18 Rebuttal by Paula Carney
CD 5.19 Rebuttal by Richard Kalmar
CD 5.20 Rebuttal of Mark Kirby
CD 5.21 Statement of Common Ground Addendum
CD 5.22 Agenda - Round Table on Affordable Housing
CD 5.23 Agenda - Round Table on Design
CD 5.24 Agenda - Round Table on Heritage
CD 5.25 Agenda - Round Table on Highway Related Matters
PINS Correspondence
CD 6.1 Case Management Conference Summary Note
Legal Agreement Documents
CD 7.1 Draft Legal Agreement
Relevant Cases
CD 8.1 164-196 Trundleys Road (planning application reference DC/18/106941)
CD 8.1.1 164-196 Trundleys Road (planning application reference DC/18/106941) – Officer’s Report
CD 8.1.2164-196 Trundleys Road (planning application reference DC/18/106941) – Addendum Report
CD 8.2 Blackheath Business Estate (planning application reference DC/20/117309)
CD 8.2.1 Blackheath Business Estate (planning application reference DC/20/117309) – Officer’s Report
CD 8.2.2 Blackheath Business Estate (planning application reference DC/20/117309) – Addendum Report
CD 8.4 Sun Wharf, Creekside (planning application reference DC/20/118229)
CD 8.4.1 Sun Wharf, Creekside (planning application reference DC/20/118229) – Officer’s Report
CD 8.5 Chiltonian Industrial Estate (planning application reference DC/15/093420)
CD 8.6 Stanton Square Industrial Estate (planning application reference DC/17/102967)
CD 8.7 Arklow Road (planning application reference DC/15/093101)
CD 8.7.1 Arklow Road (planning application reference DC/15/093101) - Officer’s Report
CD 8.8 Kent Wharf (planning application reference DC/14/089953)
CD 8.8.1 Kent Wharf (planning application reference DC/14/089953) – Officer’s Report
Relevant Appeal Decisions
Planning Inquiry Additional Documents
CD 10.1 21–57 Willow Way, Sydenham: Accurate Visual Representations (Preconstruct, 10 May 2023)
CD 10.5 Sustainable Transport and Parking Improvements Report Lewisham's Mayor and Cabinet
Planning Inquiry Timetable
Planning Inquiry Venue Details