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Gillett St Regeneration

The following note is a position statement approved by the Head of Planning in respect of projects to develop the existing Gillett St public car park into a public square and mixed use buildings. This position statement was prepared following an internal Council discussion. The purpose of the note is to set out the steps required to take this project forward.

Background

The project was developed over a number of years. It would complement existing successful regeneration programmes such as the Bradbury St managed workshops, provide mixed use buildings and a public square under the Millenium Squares programme. It could lead to further improvements such as relocation of Dalston public library. The project is supported by key surrounding landowners. Grant funding is committed from various sources. The project has a public and political profile, with local political support from Hackney Councillor Guy Nicholson, and from Sir Richard Rogers and Mayor Ken Livingstone through its status as a Millenium Square.

Notwithstanding this, there are issues of town planning law and principle that remain to be resolved. These issues also have consequences for the sequencing of grant funding, the capital receipt arising from the project and delivery of the project on site. This project cannot proceed until and unless these issues are considered by the Council as the planning authority, with full regard to principles of separation of powers, impartial and independent decision making.

Development Planning Policy

The proposed site of the Square is identified on the Unitary Development Plan proposals map as ‘a public car park to serve Dalston Town Centre’. As such, it is expressly safeguarded under transport policy TR7 that protects public cark parks for essential business and shopper use.

Before physical works (and any related Notices to terminate car park use) can proceed a planning application for development and change of use must be submitted to and approved by the Council. This also applies to the proposals to construct buildings for community and business use within the existing car park area.

The Council’s duty is to determine such planning applications ‘in accordance with the development plan unless material consideration indicate otherwise.’ Because the proposal is a ‘departure’ from the development plan, there is legal provision and a justification for the Secretary of State to ‘call in’ the application for decision.

At this stage, it is considered that the arguements attached to the project are not of sufficient weight to count against the provisions of the development plan. In other words, the proposals if submitted as they stand, would be recommended for refusal.

This position is not overcome by project reports to e.g. Policy and Finance committee 03/12/01 which appear to imply corporate Council agreement, contrary to the principle of separation of powers, and objective disinterested consideration of planning issues.

To take this project forward the project partnership are advised to appoint an Agent who would be responsible for bringing forward the planning application. The Council’s planning officers will then meet the Agent and advise regarding the information that should be placed before the Authority in support of the planning application. This information will include

• A full planning application
• Evidence to demonstrate why the proposal, which is contrary to planning policy should proceed, for example evidence of replacement / alternative parking and transportation provision in support of town centre shopping. A comprehensive transport analysis will be required for this.
• Public benefits arising from the proposal such as affordable housing, employment generation, and maintenance of external public space. Such benefits would be contracted with the Council under a Section 106 Planning Agreement. A Section 106 Agreement may also be required in respect of replacement car parking in the immediate area, or upgrading of existing alternative facilities.
• Demonstration of the benefits of the public space and its anticipated use. The level and form of public use of the surrounding buildings particularly Stamford Works will be important

Over the next few months it is intended to bring forward a new style development plan to replace the existing Unitary Development Plan. This will comprise borough-wide core policies, and an Action Area Plan for Dalston Town Centre. While these plans may well change the position with regard to town centre parking, the Council is bound by the existing adopted UDP and must proceed accordingly.

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