ADD2272 Bishopsgate Goodsyard: Daylight/Sunlight consultancy

Type of decision: 
Assistant Director's decision
Code: 
ADD2272
Date signed: 
09 October 2018
Decision by: 
Juliemma McLoughlin, Chief Planner, Development, Enterprise and Environment

Executive summary

The planning application for the mixed-use redevelopment of land at Bishopsgate Goodsyard, Shoreditch High Street and Braithwaite Street in London (the “Bishopsgate Goods Yard Planning Application”) submitted by Bishopsgate Goodsyard Regeneration Limited (the “Applicant”) is scheduled for an amended submission towards the end of 2018 and scheduled for a Mayoral Hearing in the summer 2019.

In order for the Mayor to reach a decision on the Bishopsgate Goods Yard Planning Application, specialist advice is required with regards to the daylight and sunlight impact of the proposed development on existing occupiers in the vicinity of the site and the quality of the environment for prospective occupiers. This advice involves the scoping and reviewing of the Daylight and Sunlight report to be submitted to the GLA by the Applicant.

In view of their prior involvement as consultants instructed by the GLA following Mayoral call-in and the expediency required, it is proposed to contract GVA Schatunowski Brooks to carry out these services.

Decision

That the Assistant Director of Planning approves:

1. Expenditure of up to £14,500 on the engagement of GVA Schatunowski Brooks to provide advice on the Daylight and Sunlight report and to review the Applicant’s submission in respect of the Bishopsgate Goods Yard Planning Application through to a Mayoral Planning Hearing;

2. The receipt of up to £14,500 from the Applicant to reimburse the GLA for the expenditure required to commission the services required; and,

3. A related exemption from the requirement of the GLA’s Contracts and Funding Code to procure such services competitively and to re-commission the above services from GVA Schatunowski Brooks (the “Consultant”) without procuring competitively on the basis that the Consultant provided the advice following the original Mayoral call-in, is well versed with the development site, the surrounds, and the historic daylight & sunlight issues which led to the previous Mayoral deferral.

Part 1: Non-confidential facts and advice

Introduction and background

In July 2014, a hybrid planning application (and listed building consent application) was submitted to the London Borough of Tower Hamlets and the London Borough of Hackney for the comprehensive mixed-use redevelopment of land at Bishopsgate Goodsyard, Shoreditch High Street and Braithwaite Street, London. On 23 September 2015, the then Mayor notified the London Boroughs that he would act as the local planning authority for the determination of planning applications. The GLA is acting as Local Planning Authority on behalf of the Mayor.

The Bishopsgate Goodsyard Hearing was scheduled to be heard on 18th April 2016 with a recommendation for refusal from the Planning Officer because of negative amenity impacts, specifically daylight/sunlight resulting from inappropriate density, height, layout and massing. Harm to local heritage assets including listed buildings and Conservation Areas was also identified as a reason to refusal. The Mayoral Hearing was postponed at the request of the applicant. The then Mayor agreed.

Since that time Bishopsgate Goodsyard Regeneration Limited (the ‘Applicant’) has engaged in dialogue with GLA Officers, in consultation with the London Boroughs, to understand the significant issues raised and is now able to present a draft amended scheme for the basis of discussion ahead of a formal re-submission. For the Mayor to reach a decision, specialist advice is required with regards to the Daylight and Sunlight impact of the proposed development on existing occupiers near the site. This advice involves the scoping and review of, the Daylight and Sunlight Report to be submitted to the GLA by Gordon Ingram Associates on behalf of the Applicant.

GVA Schatunowski Brooks were engaged to provide advice for the GLA in 2015 on the original application up to the point of the deferred Mayoral Hearing in April 2016 when the consultancy work was postponed pending the submission of an amended scheme. The continued engagement of the GVA is considered expedient given that the company is well versed with the development site, the surrounds, and the particular daylight & sunlight issues at this site.

The Applicant has agreed to meet the full costs associated with the expenditure. The GLA will fund the costs associated with the work and will be reimbursed by the Applicant as the project progresses Two separate invoices, for comparable amounts totalling together up to £11,500, will be submitted by the Consultant by January 2019 for the first invoice and by June 2019 for the second. A further invoice of £3,000 would be submitted only if a personal appearance by GVA Schatunowski Brooks at a Mayoral Planning Hearing is required (no later than October 2019). The Applicant would be advised of all invoices issued and a request for reimbursement made, promptly on their receipt.

Approval is therefore sought for the following:

• Expenditure of up to £14,500 on the engagement of GVA Schatunowski Brooks to provide advice on the Daylight and Sunlight report and to review the Applicant’s submission in respect of the Bishopsgate Goods Yard Planning Application through to a Mayoral Planning Hearing;
• The receipt of up to £14,500 from the Applicant to reimburse the GLA for the expenditure required to commission the services required; and
• Exemption of the requirement of the GLA’s Contracts and Funding Code to procure the services referred to above competitively and to recommission the continued services of GVA Schatunowski Brooks in advising the Mayor on this called-in planning application.

Objectives and expected outcomes

Objectives

Securing specialist Daylight and Sunlight advice on the technical assessment submitted alongside the amended planning application for Bishopsgate Goodsyard, ensuring that the proposed development accords with relevant national, regional and local guidance and helps to deliver a comprehensive and sustainable redevelopment of this significant and strategically important site.

Outcomes

The outcome of the work procured is a consultant report and potentially the appearance as an expert advisor at the Mayoral Planning Hearing. The consultant’s report will feed into a GLA planning report - which will be published on the GLA website and used to inform the Mayor’s consideration of the Bishopsgate Goodsyard application.

Equality comments

The Equality Act 2010 provides that in exercising its functions, the Mayor and the GLA (as a public authority) shall have due regard to the need to a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited under the Act; b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and, c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The protected characteristics set out in the Equality Act are: age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The Equality Act acknowledges that compliance with the duties set out may involve treating some persons more favourably than others, but that this does not permit conduct that would otherwise be prohibited under the Act.

With regard to age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation there are no identified equality considerations which arise in respect of this request for an Assistant Director Decision.

Other considerations

The review of the daylight and sunlight impact of the proposed development at the Bishopsgate Goodsyard site is fundamental to the full and proper assessment of the planning application and its general accordance with the London Plan. The GLA do not possess the required expertise in-house and officers are reliant on external expertise. The Applicant has agreed to reimburse the GLA in full for all costs associated with this work.

Financial comments

Assistant Director’s approval is sought for expenditure up to £14,500 on the engagement of a Daylight/Sunlight Consultant to provide advice on the scope of a Daylight Sunlight report and to review the applicant’s submission in respect of the Bishopsgate Goods Yard planning application through to a Mayoral Planning Hearing.

The cost of this is to be met by in full by the Applicant (Bishopsgate Goodsyard Regeneration Limited) as agreed on 17th August 2018. Approximately £11,500 will be spent in 2018-19 with the remaining £3,000 in 2019-20.

Activity table

Activity

Timeline

Procurement of contract

September 2018

Delivery Start Date

September 2018

Delivery End Date

July 2019