Cabinet Member Report Neighbourhood Application Designations

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    Cabinet Member Report

    Decision Maker: Councillor Robert Davis DL

    Cabinet Member for Built Environment

    Date: 27 August 2013

    Classification: General Release

    Title: Neighbourhood Area Designations

    Wards Affected: Churchill; Church Street; St Jamess; Tachbrook; Vincent

    Square; Warwick.

    Better City, Better Lives

    Summary

    Contributes to the achievement of a Connected City.

    Key Decision: This report does not involve a Key Decision

    Financial Summary: The City Council can claim 5,000 for each neighbourhood

    area designated.

    Report of: Rosemarie MacQueen, Strategic Director Built Environment

    1. Executive Summary

    1.1 The Localism Act (2011) and Neighbourhood Planning Regulations (2012) enablecommunities to undertake neighbourhood planning. In particular this includes theopportunity to develop a statutory neighbourhood plan.

    1.2 To be able to undertake neighbourhood planning, a local community group has to

    firstly apply to designate a neighbourhood area; and then secondly apply to bedesignated as the representative neighbourhood forum (unless it is a parish council).

    1.3 To date the City Council has received a total of 22 neighbourhood area applications,and completed the period for representations in relation to 20 of these applications.Four neighbourhood areas at Mayfair, St Jamess, Soho and St Johns Wood havealready been designated in April 2013.

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    1.4 This report enables a designation decision to be made in relation to the following fiveareas:

    Church Street

    Victoria

    Buckingham Gate

    Pimlico

    Churchill Gardens Estate

    1.5 Until the end of June 2013 all other remaining outstanding neighbourhood areas wereeither subject to ongoing period for representations, or were overlapped by aneighbourhood area subject to the period for representations. A further report will bedrafted to enable designation once all consultation responses have been assessed.

    2. Recommendations

    2.1 The Cabinet Member is requested to consider the representations received in

    response to consultation on the proposed neighbourhood areas the subject of thisreport, as summarised in Appendix B.

    2.2 For the reasons set out in Section 3 (and in more detail in Section 4) of this report itis recommended that the Cabinet Member makes the following decisions:

    i. Church Street: Designate the Church Street neighbourhood area asapplied for.

    ii. Victoria: Refuse the neighbourhood area (as applied for) but designatethe revised wider Victoria neighbourhood area. Designate as a business

    area.

    iii. Buckingham Gate: Refuse the neighbourhood area (as applied for) butdesignate as part of the wider Victoria neighbourhood.

    iv. Pimlico: Refuse the neighbourhood area (as applied for) but designatethe (revised) Pimlico neighbourhood area for the area excluding theChurchill Gardens Estate.

    v. Churchill Gardens Estate: Refuse the neighbourhood area (as applied for)but designate the (revised) Churchill Gardens Estate neighbourhood area

    for the area including the River Thames frontage.

    2.3 It is recommended that formal designation notices be published under delegatedauthority of the Strategic Director of the Built Environment, following the CabinetMember decision in relation to Church Street, Pimlico, Churchill Gardens Estate,Victoria, and Buckingham Gate neighbourhood area applications.

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    3. Reasons for Decision (see also Section 4.4)

    3.1 This section sets out the reasons for the recommendations above. Theserecommendations are based upon:

    an assessment of each of the prospective neighbourhood areas;

    responses received during the respective formal period for representations; and

    ongoing correspondence received from both applicants and representativebodies within and adjacent to each proposed area.

    A more detailed consideration of each proposed neighbourhood area is set out inSection 4.4.

    Church Streetsee also paragraphs 4.4.24.4.73.2 The proposed neighbourhood area reflects the area recognised as Church Street with

    clearly defined boundaries. No objections were received to the proposedneighbourhood area. Designation as a neighbourhood business area is not consideredto be applicable in this instance due to the predominance of residential uses in thearea.

    Victoriasee also paragraphs 4.4.84.4.183.3 It is recommended that the Victoria neighbourhood area is designated with minor

    revisions to the western and southern boundaries, and an extension to the easternsection. These revisions, together with the largely supported proposed neighbourhoodarea, will ensure the designation of a coherent and more clearly and widely delineatedVictoria neighbourhood area. Its location within the City Councils designated Central

    Activities Zone (as designated by the adopted Core Strategy) as well as current landuse statistics suggest that the area should be designated as a neighbourhoodbusiness area, since the area is predominantly business in nature.

    Buckingham Gatesee also paragraphs 4.4.194.4.243.4 The proposed Buckingham Gate neighbourhood area as applied for does not

    represent a coherent and distinctly separate neighbourhood to the wider surroundingneighbourhood area, and did not receive widespread support during its respectiveconsultation period. The wider Victoria neighbourhood area reflects a more accuratedelineation of the neighbourhood.

    Pimlicosee also paragraphs 4.4.254.4.333.5 Whilst the area of Pimlico is acknowledged to be a distinct neighbourhood with a

    recognised and coherent boundary, the subsequent application for a separateneighbourhood area (Churchill Gardens Estate) within Pimlico, together with a lack of

    opposition to the Churchill Gardens Estate application, suggests that that the ChurchillGardens Estate should be removed from the proposed Pimlico neighbourhood area.The minor boundary alteration along Gillingham Street in the north of theneighbourhood area enables a more consistent and logical treatment of the northernboundary. Designation as a neighbourhood business area is not considered to beapplicable in this instance due to the predominance of residential uses in the area.

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    Churchill Gardens Estatesee also paragraphs 4.4.344.4.403.6 The proposed neighbourhood area reflects the area recognised as Churchill Gardens

    Estate which exhibits a distinct built and homogenous built form and character.However it is recommended that the southern boundary is taken to the boroughboundary in the middle of the River Thames. This would enable coverage of both sidesof Grosvenor Road within the neighbourhood, and ensure consistency with adjacent

    neighbourhood area applications in Pimlico and Chelsea Barracks/Belgravia (to besubject to subsequent Cabinet Member Report). Designation as a neighbourhoodbusiness area is not considered to be applicable in this instance due to thepredominance of residential uses in the area.

    4. Background

    4.1 Neighbourhood Planning

    4.1.1 The Localism Act (November 2011) and Neighbourhood Planning Regulations (April

    2012) enable communities to undertake neighbourhood planning. In particular thisincludes the opportunity to develop a statutory neighbourhood plan that will becomepart of the planning framework for their area, and also establish permitteddevelopment rights for certain types of new development (neighbourhooddevelopment order). To be able to undertake neighbourhood planning, a localcommunity group has to firstly apply to a designate a neighbourhood area; and thensecondly apply to be designated as the representative neighbourhood forum.

    Neighbourhood Areas4.1.2 Neighbourhood area applications are submitted by the community, and as set out in

    the legislation, should contain a map highlighting the proposed neighbourhood, a

    statement explaining why the area is appropriate to be designated as a neighbourhoodarea, and a further statement that the body submitting the application are capable ofbecoming a neighbourhood forum. The application is therefore an opportunity for theapplicants to not only justify the proposed boundaries of their neighbourhood, but toalso publicise the likely establishment of a neighbourhood forum. The Regulationsstate that neighbourhood area applications should be publicised by the local planningauthority for a period of not less than six weeks (the formal period for representations)before the City Council can formally designate each area.

    4.1.3 Advice from the Government is clear that neighbourhood areas should be self-defined i.e. it is up to the local community to specify what their neighbourhood is. It is also

    expected that local planning authorities should be relatively light touch in theirdecision making, and not overly dictate what the neighbourhood area should be.Consideration of the responses received during the period for representations is acrucial component in providing an indication of a communitys wishes. However, it alsoclear that in Westminster many of the proposed neighbourhood areas overlap (the CityCouncil cannot designate overlapping areas), and therefore a degree of arbitration anddirective decision-making is required, taking into account an assessment of theproposed neighbourhoods, and representations received.

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    4.1.4 There is no set definition of what constitutes a neighbourhood which may be definedaccording to a combination of: character and function; urban grain and scale; pattern ofland use; sense of place; existing defined boundaries etc. The amount of weight givento each of these considerations may vary depending upon the circumstances of thespecific neighbourhood. Within an urban environment like Westminster, assessing thedelineation of a neighbourhood can be quite problematic, especially if boundaries are

    major roads where opposing sides of the street - with very similar characteristics - arein different areas. There is also no size limit to the extent of a neighbourhood. In orderto provide guidance the City Council has stated that applications for neighbourhoodareas should accurately reflect whole neighbourhood areas that are clearly identifiable,established and recognised areas of Westminster.

    Neighbourhood Forums4.1.5 Following neighbourhood area designation, community groups and organisations

    within that neighbourhood can apply for neighbourhood forum status. Neighbourhoodforums should consist of a minimum of 21 individuals who live or work (or are electedmembers of the local authority) within the area and have open membership. The key

    role of the neighbourhood forum to lead and co-ordinate the plan making process andwrite the neighbourhood plan. They should represent the diversity and character of thecommunity, with a wide range of members including residents, businesses, amenitysocieties, local interest groups, and voluntary sector members. Similar to theneighbourhood area application stage, there is no deadline for the submission of aneighbourhood forum application. Neighbourhood forum applications should contain awritten constitution setting out how the neighbourhood forum intends to operate aswell as a statement setting out how the forum meets the legislative requirements(minimum of 21 members etc). Once a neighbourhood forum application has beenreceived, the City Council has to publicise the application for a six week period toenable representations to be made before the Forum can be formally designated.

    4.1.6 Once a neighbourhood forum is in place, they can formally undertake neighbourhoodplanning, and begin to formally prepare their neighbourhood plan or neighbourhooddevelopment order. The neighbourhood plan is a community-led framework which setsout policies in relation to the development and use of land in the whole or any part of aparticular neighbourhood area specified in the plan.

    4.1.7 Whilst it is up to the community (the neighbourhood forum) to decide what policies aneighbourhood plan should include, there are a number of principles that aneighbourhood plan should adhere to:

    neighbourhood planning policies should be in general conformity with the City

    Councils strategic planning policies, currently contained in the Core Strategy,and have regard to national planning policies;

    it should contribute to the achievement of sustainable development;

    it should address local,neighbourhood issues;

    neighbourhood planning policies should be about the shaping the development ofa local area in apositivemanner, and should not be used to preventdevelopment; and

    It should not breach, and should be compatible with EU obligations, HumanRights etc.

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    4.1.8 As the neighbourhood plan will be a statutory planning document there are a numberof formal stages that have to be completed in its production. The government is clearthat it is the neighbourhood forum that produces the neighbourhood plan (not the localplanning authority), following community involvement and information gathering. Oncesubmitted, it is the local planning authoritys responsibility to undertake a statutory

    period of formal consultation, and to submit the plan for examination by anindependent examiner. Following successful completion of the examination, theneighbourhood plan is subject to a referendum whereby all those on the electoralregister within the neighbourhood area are eligible to vote. A yes vote will result in thelocal planning authority formally making the neighbourhood plan.

    4.2 Better City, Better Lives

    4.2.1 The ability to enable and empower others to take responsibility for themselves andtheir neighbourhoods is one of the key tenets of the City Councils Better City, Better

    Lives five year plan. In particular, it meets the City Councils aspirations of AConnected City, and the objective to support local communities to establish newneighbourhood forums and neighbourhood plans, where appropriate. In relation tospecific areas of Westminster, the Better City Better Lives initiative also sets out theCity Councils intention to test new ways of giving residents a greater say in therunning of local services in Churchill Gardens, as well as continued partnershipworking to renew the Victoria Opportunity Area.

    4.3 Neighbourhood Area Applications in Westminster

    4.3.1 The table below highlights those areas of Westminster where a neighbourhood area

    application has been received. The legislation is clear that there is no deadline forneighbourhood area applications, which can be made whenever a community groupdeem it necessary, and for whatever area is considered to represent theneighbourhood.

    Neighbourhood Area applications Progress

    1. Mayfair

    Neighbourhood Area Designated(April 2013)

    2. St. James's

    3. St. John's Wood

    4. Soho

    5. Buckingham Gate

    Consultation complete; area eligiblefor designation (expected August2013)

    6. Churchill Gardens Estate

    7. Church Street

    8. Pimlico

    9. Victoria

    10. Bayswater Consultation now complete,designation to follow above11. Belgravia

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    12. Chelsea Barracks designations.

    13. Hyde Park and Paddington

    14. Maida Hill

    15. Marylebone

    16. Paddington & Maida Vale

    17. Queen's Park

    18. South East Bayswater19. Westbourne (ward)

    20. Westbourne

    21. Knightsbridge Village Application received. Consultation19thAugust11thOctober 2013.

    22. Fitzrovia Application received. To be subject toconsultation.

    4.3.2 Figure 1 below illustrates the geographic extent of all neighbourhood area applicationsthat have been received by the City Council, largely as applied for (it does not show allsuggested changes and alterations to neighbourhood areas made to the City Councilby applicants).

    Figure 1: Neighbourhood Area Applications in Westminster

    4.3.3 In addition to the above neighbourhood area applications, the City Council has nowbegun to receive neighbourhood forum applications. The Mayfair Neighbourhood

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    Forum application completed its period for representations at the beginning of August2013.

    Eligibility for designation4.3.4 Of those neighbourhood area applications that have completed consultation, a

    designation decision can currently be made in relation to Church Street, Pimlico,

    Churchill Gardens Estate, Victoria and Buckingham Gate. These neighbourhood areas(as applied for) are illustrated on Figure 2 below. Until the end of June 2013 all otherremaining outstanding neighbourhood areas were either subject to an ongoing periodfor representations, or were overlapped by a neighbourhood area subject to the periodfor representations. A further Cabinet Member Report will be drafted to enabledesignation once all consultation responses and proposed neighbourhood areas havebeen assessed.

    Figure 2: Neighbourhood Area Applications for designation

    4.4 Proposed Westminster Neighbourhood Area Designations

    4.4.1 The following section provides an assessment of the five neighbourhood areaapplications, taking in account the proposed boundaries, adjoining neighbourhood areaapplications and the responses received during the respective formal period forrepresentations.

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    Church Street Neighbourhood Area (applicant: Church Street Neighbourhood Forum)4.4.2 The proposed neighbourhood area follows the Church Street Ward boundary; and

    includes the bustling and vibrant Church Street at its heart. The neighbourhood area isbounded by the Grand Union Canal, Chiltern Railway line, Rossmore Road,Marylebone Road and Edgware Road. The applicants have highlighted that the area isdemographically distinct from surrounding areas, in terms of deprivation, housing type,

    ethnicity, and other indicators.

    Figure 3: Church Street Neighbourhood Area application - Area Information

    4.4.3 There are no current overlapping neighbourhood area applications, although there areadjacent applications for Paddington and Maida Vale to the west and Marylebone tothe south and east. To the north is the already adopted St Johns Woodneighbourhood area. The Church Street neighbourhood area application was originallysubsumed within the proposed Marylebone neighbourhood area as applied for by the

    St Marylebone Society. However this Marylebone application has subsequently beenrevised and resubmitted for a new wider Marylebone neighbourhood area that nolonger overlaps with the proposed Church Street neighbourhood area (see Figure 3above).

    4.4.4 The City Council received four representations in relation to the Church Streetapplication during the consultation period (between 21stJanuary and 1stMarch 2013).

    All representations were in support of the proposed neighbourhood area.

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    4.4.5 The area is largely characterised by a high proportion of social housing centred on theChurch Street District Shopping Centre and market which runs east-west through theneighbourhood area. Over 40% of residents live in council rented accommodation the highest percentage in Westminster whilst the ward is also recorded as the mostdeprived ward in Westminster. The area is considered to be distinctly different to manyof the surrounding areas (and especially to the north and east). Whilst the proposed

    neighbourhood area utilises the electoral ward boundary for its own boundary, this isconsidered to represent an accurate delineation of the Church Street area withidentifiable boundaries. Figure 4 below illustrates the area recommended for formaldesignation as the Church Street Neighbourhood Area.

    Figure 4: Church Street Neighbourhood Arearecommended area for designation

    4.4.6 An assessment of land use within the proposed Church Street neighbourhood areareveals that 73% of all floorspace is residential; with 27% of floorspace in commercial,business use. It is therefore not considered appropriate to recommend that the area is

    designated as a business area, since it is not considered to be predominantlybusiness in nature.

    4.4.7 The Church Street ward is also one of the key areas subject to the WestminsterHousing Renewal Strategy. Residents have recently voted in favour of the first phaseof regeneration proposals, which will include the development of new homes, theimprovement of existing residential blocks, landscaping throughout the neighbourhoodas well as improvements to the street market. It is likely that any future neighbourhood

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    planning undertaken by the community will complement to these regenerationproposals.

    Victoria Neighbourhood Area (applicant: Victoria Business Improvement District andVictoria Interchange Group)

    4.4.8 The proposed neighbourhood area (as applied for) is bounded to the west byBuckingham Palace Road and to the north by Bird Cage Walk. There is a complicatedeastern boundary which follows Broadway across Victoria Street passing through OldPye Street and Strutton Ground and following down Rochester Row to Vauxhall BridgeRoad. The boundary to the south follows Vauxhall Bridge Road and adjacent toGillingham Street before it meets station/railway land until Ebury Bridge where itadjoins Buckingham Palace Road.

    Figure 5: Victoria and Buckingham Gate Neighbourhood Area applications

    4.4.9 There is one overlapping neighbourhood area application - Buckingham Gate (yellowshaded area in Figure 5 and 6) which is wholly contained within the proposedVictoria neighbourhood area. The Belgravia neighbourhood area application isadjacent to the west, whilst the Pimlico neighbourhood area application is adjacent tothe south. As part of their application, the applicants highlighted that their proposedarea is at the heart of Victoria with a character and provision that is contiguous anddiffering significantly from bordering areas...

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    4.4.10 During the formal period for representations the City Council received a total of 32responses with 28 in support of the proposed neighbourhood area boundaries, whichwere deemed to be a true and accurate reflection of the geographic area of Victoria.From those who opposed, concern was raised that any potential forum would bedominated by views of larger businesses.

    4.4.11 The proposed Victoria neighbourhood area is dominated by one of the busiesttransport interchanges in Londonwith mainline Victoria Station, underground stationand Terminus Place bus hub at its heart; as well as the east-west Victoria Streetthoroughfare. Whilst Victoria Street has traditionally been dominated by office uses,and primarily, government organisations including Westminster City Hall, NewScotland Yard, Windsor House and Bressenden Place, there has been a relativelyrecent transition to retail and residential use.

    4.4.12 The proposed Victoria neighbourhood area can be characterised by the degree ofongoing change and redevelopment. Designated as an Opportunity Area for growth,the London Plan and Core Strategy projected potential for 4,000 new jobs and 1,000

    new homes between 2010/11 and 2024/25. Victoria Underground Station is currentlyundergoing large scale upgrade works to increase capacity and Victoria Street, whichruns through the centre of the neighbourhood area, is subject to major change in termsof the redevelopment of much of its building stock. A number of large scaleredevelopments have already taken place: the Cardinal Place office and retailcomplex, the redevelopment of 62 Buckingham Gate; as well as ongoingdevelopments at 66 Victoria Street (Kingsgate) and the new Nova redevelopment, allcreating a greater mix and scale of use, and notably, an increase in residential usewithin the area.

    4.4.13 Away from the station environs and east-west axis of Victoria Street there is a greater

    level of residential use, from mansion blocks on Francis Street and Vincent Square tothe south, to Catherine Place and Buckingham Place to the north. However even herethe residential use is interspersed with a mix of commercial and business uses.

    4.4.14 The north-east section of the (applied for) neighbourhood area also contains a morevaried mix of uses on a smaller scale. Whilst this area is also dominated by office andinstitutional uses, it also contains additional small scale retail uses, St Jamess Parkunderground station, and some residential uses on the historic Queen Annes Gate, aswell as Wellington Army Barracks. Whilst this section of the proposed neighbourhoodarea is some distance from the Victoria station core, the location of Birdcage Walkand St Jamess Park to the north does provide a natural boundary delineation.

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    Figure 6: Victoria Neighbourhood Area ApplicationArea Information

    4.4.15 Whilst the neighbourhood area as applied for is considered to include the key elementsof Victoria, a number of relatively minor amendments to the proposed neighbourho od

    area are recommended. To the west it is proposed to include the VictoriaSquare/Beeston Place area and therefore a new western boundary that followsGrosvenor Gardens and Lower Grosvenor Place (see Figure 7). This suggestedamendment results from representations received in February 2013 from the VictoriaSquare Residents Association, who felt that their area did not belong within theproposed Belgravia Neighbourhood Area but was more in keeping with Victoria. TheCity Council understands that the adjacent Belgravia neighbourhood area applicants(Belgravia Residents Association) are content with this proposed alteration.

    4.4.16 The second proposed amendment is along a southern section of the proposed VictoriaNeighbourhood Area close to Gillingham Street. The boundary as applied for currently

    cuts across buildings to the north of Gillingham Street, and it would therefore offer amore logical and neater solution to use Gillingham Street itself as the boundary (seeFigure 7). This revision would also ensure consistency with the respective sections ofthe Victoria Opportunity Area and Victoria Business Improvement District boundaries,and the City Councils Core Central Activity Zone boundary. However, as this boundaryis currently shared with the Pimlico Neighbourhood Area to the south, any boundaryalteration here would also require a similar revision to the Pimlico Neighbourhood Area

    see paragraph 4.4.32.

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    4.4.17 The third proposed revision includes the larger commercial buildings fronting theeastern stretch of Victoria Street, including the Department for Business, Innovationand Skills at 1 Victoria Street, and therefore enables the entire length of both sides ofVictoria Street to be within the Victoria neighbourhood area. This proposed revisionalso provides for a more straightforward and logical treatment to the eastern boundaryby following Storeys Gate and Great Smith Street rather than the previously applied

    for and more complex eastern boundary. This revised neighbourhood area is illustratedin Figure 7 below, and is bounded in blue:

    Figure 7: Victoria Neighbourhood Area Application recommended area fordesignation

    4.4.18 A land use assessment based upon floorspace figures of the wider Victorianeighbourhood area highlights that 82% of floorspace is in commercial/business use(and therefore 18% residential). By way of comparison, the Victoria neighbourhoodarea as applied for illustrated a 79%/21% business to residential floorspace split.

    Whilst there are concentrations of residential uses in the southern part of the area, andCatherine Place to the north, the overarching focus of the area is centred on VictoriaStation and its environs, and the commercial west-east stretch of Victoria Streetdominated by numerous recent large-scale developments. The wider Victorianeighbourhood area contains nearly 2000 businesses ((1952 businesses) City Councilnon-domestic rates data, June 2013); whilst data from 2011 (Inter-DepartmentalBusiness Register produced by Experian) highlights over 2100 businesses.Furthermore, the proposed neighbourhood area is largely located within the CityCouncils Core Central Activities Zone, and as highlighted in Figure 5 is also

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    overlapped by an Opportunity Area and the location of a Business ImprovementDistrict. By way of comparison, the designated business areas of Soho, Mayfair, andSt. Jamess displayed the floorspace figuresillustrated in the table below. It is thereforerecommended that the area illustrated in Figure 7 (indicated by the blue hatching) isdesignated as a business area.

    Area Residential Business

    St Jamess 9% 91%Soho 11% 89%

    Mayfair 23% 77%

    Victoria 21% 79%

    Buckingham Gate Neighbourhood Area (applicant: Buckingham Gate NeighbourhoodWatch)

    4.4.19 The proposed Buckingham Gate neighbourhood area is a relatively small quadrantlocated to the north east of Victoria Station, bounded by Buckingham Palace Road,Buckingham Gate, Victoria Street and Bressenden Place. As set out in the application,

    the neighbourhood area applicants stated that: the area has some cohesiveness andfeeling of community fostered by the establishment of the Buckingham GateNeighbourhood Watch.

    Figure 8: Buckingham Gate Neighbourhood Area application

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    4.4.20 The proposed Buckingham Gate neighbourhood area is wholly subsumed by theproposed Victoria neighbourhood area (see Victoria Figures 5 and 6 above). Bothneighbourhood areas were subject to their formal period for representations at thesame time (21

    stJanuary 20131

    stMarch 2013), although the Victoria application was

    submitted to the City Council prior to the Buckingham Gate application.

    4.4.21 During its consultation period the Buckingham Gate neighbourhood area applicationreceived a total of 13 responses, comprising four in support of the application and eightin objection (and one general comment). The objections largely suggested theboundary of the proposed area was drawn inappropriately, especially by excluding thesouthern side of Victoria Street.

    4.4.22 The Buckingham Gate neighbourhood area is an area comprising a wide variety ofscale and mixture of uses. It includes large scale buildings on the north side of VictoriaStreet such as Cardinal Place, Westminster City Hall and new developments at 66Victoria Street and 62 Buckingham Gate, as well as Portland House and Governmentoffices on Bressenden Place (see Figure 6). These contrast with the smaller scale of

    use in the area bounded by Palace Street and Buckingham Gate in the north of thearea. Catherine Place in particular, consists of a greater proportion of a residential use,although even here a significant proportion of floorspace is in commercial, office use.

    4.4.23 It is considered that Buckingham Gate neighbourhood area does not represent anestablished and separate neighbourhood identifiably different from the surroundingarea, but is part of the wider Victoria neighbourhood area. It is also not deemeddesirable to split the northern and southern sides of Victoria Street into separateneighbourhood areas, due to ongoing consideration of Victoria as a distinct area asidentified in both the City Councils Core Strategy and the Mayors London Plan. However, the Buckingham Gate neighbourhood area applicants should be encouraged

    to be included within, and work with, those interested in neighbourhood planning onthe wider Victoria scale, and especially within any future neighbourhood forum.

    4.4.24 An assessment of land use within the proposed Buckingham Gate neighbourhood areareveals that 84% of all floorspace is in business use; and therefore only 16% is inresidential use. These figures highlight an even greater business concentration thanin the wider Victoria neighbourhood area, and further not only substantiate the

    justification for the wider Victoria areas designation as a business area, but alsofurther highlight that the Buckingham Gate area as applied for is not a distinctneighbourhood with different characteristics from the wider Victoria.

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    Pimlico Neighbourhood Area: (applicant: Federation of Pimlico Residents AssociationLimited)

    4.4.25 The neighbourhood area originally applied for was based upon the Westminster wardsof Churchill, Warwick and Tachbrook as highlighted in Figure 9 below. The

    justification for the Pimlico neighbourhood area concentrated on the existing area ofoperationof the applicants.

    4.4.26 Of the 12 representations received ten were objections to the proposed neighbourhoodarea. A common theme was that the area was considered to be too large and diversefor a subsequent neighbourhood forum to be truly representative (although it is theneighbourhood area rather than any future neighbourhood forum that is currently beingassessed at this stage). Other comments included suggested revisions to be made tothe western boundary, and for the Churchill Gardens Estate to be excluded from thePimlico neighbourhood area.

    Figure 9: Original Pimlico Neighbourhood Area application

    4.4.27 Following their formal application to designate a neighbourhood area, the applicants inPimlico have put forward a number of boundary revisions. The City Council has treatedthese suggested amendments as representations rather than as new neighbourhoodarea applications. It is also apparent that the revisions have been put forward followingongoing discussion and agreement with adjacent neighbourhood area applicants inVictoria and Belgravia.

    September 2012following discussions with neighbouring applicants in Belgravia,it was agreed that the area bounded by Buckingham Palace Road, ElizabethStreet, Ebury Street and Grosvenor Gardens should be part of the proposed

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    Belgravia neighbourhood area and no longer included within the Pimliconeighbourhood area.

    October 2012 The Pimlico neighbourhood area applicants highlighted thatboundary discussions had also taken place with the neighbourhood areaapplicants in Victoria, and that they had therefore reached satisfactory agreementwith all adjoining neighbourhood area applicants.

    January 2013 Further revisions as a result of ongoing discussions with Victorianeighbourhood area applicants.

    4.4.28 The latest proposed Pimlico neighbourhood areataking into account discussions setout above is highlighted in Figure 10 below. This proposed neighbourhood area isstill delineated by Vauxhall Bridge Road to the east and the borough boundary (centreline of River Thames) to the south, but highlights a new boundary that includes therailway line (into Victoria) up to Ebury Bridge Road, with a revised northern boundarythat follows the southern edge of the railway line and then cuts across parallel toGillingham Street.

    4.4.29 There is one overlapping neighbourhood area application covering the ChurchillGardens Estate which is wholly subsumed within the Pimlico neighbourhood area. Inaddition, the latest proposed Pimlico neighbourhood area is abutted to the north by theVictoria neighbourhood area application and to the west by the Chelsea Barracksneighbourhood area application. These proposed neighbourhood areas are highlightedin Figure 10 below (please note this map does not show proposed revisions to theBelgravia neighbourhood area):

    4.4.30 The proposed Pimlico neighbourhood area is largely characterised by the ThomasCubitt designed street grid of white stucco terraces located between Lupus Street tothe south and Victoria railway lines to the north. The area also contains a number of

    housing estates in the south and east of the area, including the large-scale ChurchillGardens Estate, and the Lillington Gardens housing estate notable for its high densityyet medium-scale design. Key neighbourhood retail facilities within the area arelocated at Warwick Way defined in the City Councils Core Strategy as a Central

    Activities Zone Frontage whilst more local shopping facilities are located on LupusStreet, Moreton Street, and around Pimlico Underground Station.

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    Figure 10: Pimlico Neighbourhood Area ApplicationArea Information

    4.4.31 The Churchill Gardens Estate is subject to a separate neighbourhood area applicationassessed in paragraph 4.4.33 onwards below. As a result of the lack of objection to

    this application, and the homogenous and distinct character of the estate, it isconsidered that the Churchill Gardens Estate does represent a separateneighbourhood and should therefore not be included within the Pimliconeighbourhood area. This will therefore reduce the size of the Pimlico neighbourhoodarea.

    4.4.32 The proposed boundaries are relatively established and straightforward, utilising theRiver Thames, railway line into Victoria Station, and Vauxhall Bridge Road. However,as set out in paragraph 4.4.16 it is recommended that a revised northern boundaryalong the centre-line of Gillingham Street would provide for a more straightforwardboundary with the Victoria neighbourhood area, than cutting through buildings as

    originally proposed. This would also ensure greater consistency with the Core CentralActivities Zone boundary (as illustrated on Figure 10). This alteration, together with theproposed removal of the Churchill Gardens Estate is illustrated in the recommendedPimlico Neighbourhood Area below:

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    Figure 11: Pimlico Neighbourhood Area Application recommended area fordesignation

    4.4.33 An assessment of land use within the potentially revised Pimlico neighbourhood area(minus Churchill Gardens Estate) reveals that 78% of all floorspace is in residential

    use; and therefore only 22% is in business use. Such a high proportion of residentialuse strongly suggests that it should not be designated as a business area. Inclusionof the Churchill Gardens Estate only slightly modifies the above figure, resulting in 80%of land use being in residential use.

    Churchill Gardens Estate Neighbourhood Area (applicant: Churchill GardensResidents' Panel)

    4.4.34 The proposed Churchill Gardens Estate neighbourhood area is bounded by LupusStreet, Grosvenor Road, Claverton Street and St Johnsons Place. As set out inparagraph 4.4.29 above (and illustrated on Figure 10), the proposed neighbourhoodarea was wholly subsumed within the proposed Pimlico neighbourhood area.

    4.4.35 As part of their neighbourhood area application, the applicants stated that: ChurchillGardens Estate is and has existed as a neighbourhood since the Estate wascompleted over 50 years ago.

    4.4.36 The neighbourhood area application generated only two responses: one in support ofthe neighbourhood area; and a second response which informally objected to theapplication, stating that the area is too small to be a neighbourhood area.

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    Figure 12: Churchill Gardens Estate Neighbourhood Area application

    4.4.37 Churchill Gardens estate is a renowned large housing estate developed between 1946and 1962. The estate is characterised by residential blocks of between nine and 11storeys. The area is also notable for the Pimlico District Heating Undertaking and its

    Accumulator Tower, responsible for providing heating and hot water throughout theestate and beyond. Key local shopping facilities are provided along Lupus Street onthe north edge of the estate.

    4.4.38 The proposed neighbourhood area is clearly differentiated from the surrounding areaby the delineation of the housing estate, although the River Thames to the south andrailway lines to the west also provide clear boundaries. Furthermore, the character ofthe proposed Churchill Gardens Estate neighbourhood areain terms of street layout,orientation and housing style is fundamentally different to the area to the north ofLupus Street. In order to ensure consistency with adjacent neighbourhood areaapplications, it is recommended that the southern boundary is extended to the centre

    point of the River Thames. This would also ensure that both sides of Grosvenor Road,including the river frontage are considered as part of the neighbourhood area, ratherthan as a separate ribbon of land where any potential future development could impacton the neighbourhood.

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    Figure 13: Churchill Gardens Estate Neighbourhood Area Application recommendedarea for designation

    4.4.39 An assessment of land use within the proposed Churchill Gardens Estateneighbourhood area reveals that 95% of all floorspace is in residential use; and

    therefore only 5% is in business use. Such a high proportion of residential usestrongly suggests that it should not be designated as a business area. Furthermore,no representations have been made to suggest that the neighbourhood area should bedesignated as a business area.

    4.4.40 Under the auspices of the Better City Better Lives initiative, the Churchill GardensEstate has also been subject to the City Council sChurchill Gardens Community Pilot,which aims to test new ways of giving residents a greater say in the running of localservices. This has included the creation of Team Churchill Gardens, formed of localresidents, businesses, community leaders and appropriate City Council officers.Following direct engagement with the community, the initial focus of the pilot has been

    on services aligned to youth provision, the tackling of child poverty, and communitysafety. In addition, regeneration options and improved community facilities for theestate are also being separately developed by the City Council and City West Homes.Whilst neither the Community Pilot nor the Estate Regeneration are directly linked tothe recommendation to designate the Churchill Gardens Estate Neighbourhood Area,there will clearly be opportunity for future synergies between the work of any futureneighbourhood forum and these other initiatives.

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    5. Financial Implications

    5.1 The high level of interest in neighbourhood planning in Westminster, coupled with thestatutory obligation to support neighbourhood planning clearly has financialimplications for the City Council. The Government have developed a financialassistance package to enable and incentivise local planning authorities to provide

    support for neighbourhood planning. Within the current financial year the City Councilcan claim:

    5,000 for each neighbourhood area designated (up to a new maximum of 20areas);

    5,000 for each neighbourhood plan that reaches pre-examination consultationstage; and

    20,000 on successful completion of the examination of a neighbourhood plan.

    5.2 The Government Locality network and their Supporting Communities inNeighbourhood Planning initiative is currently offering support to emergingneighbourhood forums in the form of either grant payments (up to 7,000 to contribute

    to costs incurred) or through direct professional advice and support, tailored toindividual needs.

    5.2.1 It is currently anticipated that from April 2014 or soon after the City Council willadopt a local Westminster Community Infrastructure Levy (CIL) that will be chargeableon development in the city. CIL is a way of raising money that can be used to supportdevelopment by funding the provision, improvement, replacement, operation ormaintenance of infrastructure that the council, local community and neighbourhoodsrequire to help accommodate new growth from development.

    5.4 The Localism Act (2011) provides for CIL charging authorities to pass a proportion of

    receipts arising from developments to other persons. In February 2013 theGovernment published draft CIL amendment regulations which require a proportion ofCIL receipts arising from development in the area of a Parish Council to be passeddirectly to the Parish Council for them to decide how the money will be spent. Themoney must still be spent on the provision, improvement, replacement, operation ormaintenance of infrastructure or anything else that is concerned with addressing thedemands that development places on an area. For areas where there is no ParishCouncil (i.e. most of Westminster) the draft regulations stipulate that a proportion ofCIL receipts may be used in neighbourhood areas for the same purposes. Governmenthave stated that further guidance will be produced on how this provision will operate inareas where there is no Parish Council and that there will be a requirement for an

    authority to engage with the local community to agree how this money will be spent.The relevant proportions referred to in the regulations are 25% of CIL receipts in areaswhere a neighbourhood plan has been agreed and 15% where no plan is in place. Forareas where there is no neighbourhood plan the proportion will be capped at 100 percouncil tax dwelling.

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    6. Legal Implications

    Decision-Making6.1 As set out by legislation and advice from the Government, the following represent the

    decision-making options open to the City Council:

    i) Agree to designate the neighbourhood area as applied for;ii)Refuse to designate the neighbourhood area as applied for (because it is

    considered that the specified area is not an appropriate area to be designated asa neighbourhood area);

    6.2 Crucially S61G (5) of the Planning and Compulsory Purchase Act 2004 as inserted bythe Localism Act states that the local planning authority must exercise their power ofdesignation so as to secure that some or all of the specified area forms part of one ormore areas designated (or to be designated) as neighbourhood areas. The CityCouncil cannot therefore refuse to designate a valid application for a neighbourhoodarea outright, and must designate at least some of the area applied for as a

    neighbourhood area (though not necessarily the same area).

    6.3 The 2004 Act also states that in designating a neighbourhood area, the City Councilmust consider whether the area concerned should be designated as a business area.The legislation states that this designation should be applied if it is considered that thearea is wholly or predominantly business in nature. No further guidance has beenissued by the Government as to how this should be assessed.

    6.4 The potential for neighbourhood business area designation is considered within theindividual neighbourhood area assessments set out in Section 4.4 of the report. Thisassessment takes into account location within the City Councils designated Central

    Activities Zone (as set out in the adopted Core Strategy 2011) as well as current landuse statistics and council tax and business rate information. It is also worth highlightingthat the assessment should additionally take into account whether the area is businessin nature, which suggests less of an analytical analysis and more of an appreciationof the perception and feel of the area.

    6.5 The key implication of a business area designation is at the referendum stage ofneighbourhood plan production, when businesses within the neighbourhood areawould also be eligible to vote for or against the neighbourhood plan (in an additionalballot alongside the residential ballot).A yes vote would be required in both ballots toestablish the neighbourhood plan.

    6.6 The City Council is also required to publish the name of the neighbourhood areafollowing designation.

    Neighbourhood Area Designation6.7 The Neighbourhood Planning (General) Regulations (Regulation 7) state that as soon

    as possible after designating a neighbourhood area, the City Council must publish thefollowing on our website (and in such other manner considered likely to bring it to theattention of those who live, or work in the neighbourhood area):

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    the name of the neighbourhood area;

    a map which identifies the area; and

    the name of the relevant body who applied for the designation.

    6.8 If deciding to refuse to designate a neighbourhood area as applied for then the CityCouncil has to publish a decision document setting out the decision and a statement

    of reasons for that decision; and also publish details of where and when the decisiondocument may be inspected. It is worth noting that a decision notice does not have tobe produced if agreeing to designate a neighbourhood area (as applied for).

    6.9 It is intended that the formal decision notices will be published following the CabinetMember decision in relation to Buckingham Gate, Churchill Gardens Estate, ChurchStreet Ward, Pimlico, and Victoria.

    7. Staffing Implications

    7.1 There are implications on staff resources in respect of carrying out the City Councilsduty to support neighbourhood planning, in terms of managing the neighbourhood area(and forum) application process, but also providing support to the prospectiveneighbourhood forums. In addition the City Council will be obliged to carry out legalcompliance assessment of any neighbourhood plans produced, support theexamination (by independent examiner), and undertake the referendum stage. TheCity Councils obligation to support will be intensified by the comparatively largenumber of neighbourhood areas and forums anticipated within Westminster. There iscurrently one full time officer and two part time officers supporting the neighbourhoodplanning process in Westminster.

    8. Consultation

    8.1 Each neighbourhood area application was published on the City Councils website. Inaddition, and in each instance, over 200 e-mails and letters were sent to residentsgroups, societies, community groups, businesses, landowners within and adjacent tothe proposed area to inform them of the neighbourhood area application and how torespond if they had any comments. The City Councils Planning ConsultationDatabase was used to identify these consultees. Relevant Ward Councillors in boththe affected wards and adjacent wards were also consulted in relation to eachneighbourhood area application. Further responses have been generated through

    additional correspondence and as a result of numerous neighbourhood planningmeetings with community groups in each neighbourhood area.

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    If you have any queries about this Report or wish to inspect any of the

    Background Papers please contact:

    Tom Kimber

    City Planning Delivery [email protected]

    Telephone 020 7641 3478

    BACKGROUND PAPERS:

    Localism Act 2011

    Neighbourhood Planning Regulations 2012

    Westminster Core Strategy January 2011 (and Core Strategy NPPF Revision

    Submission Draft January 2013)

    mailto:[email protected]:[email protected]:[email protected]
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    For completion by the Cabinet Member for Built Environment

    Declaration of InterestI have in respect of this report

    Signed: Date:

    NAME: Councillor Robert Davis DL

    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

    Neighbourhood Area Designations 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 yourdecision you should discuss this with the report author and then set out your comment belowbefore 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, itis important that you consult the report author, the Head of Legal and Democratic Services,Chief Operating Officer and, if there are resources implications, the Director of HumanResources (or their representatives) so that (1) you can be made aware of any further relevant

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    considerations that you should take into account before making the decision and (2) yourreasons for the decision can be properly identified and recorded, as required by law.

    Note to Cabinet Member: Your decision will now be published and copied to the Members ofthe relevant Policy & Scrutiny Committee. If the decision falls within the criteria for call-in, it willnot 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

    1. Resources Implications1.1 The designation of additional neighbourhood areas will have resource implications for

    the City Council in terms of its duty to support to enable subsequent neighbourhoodforum applications.

    2. Business Plan Implications2.1 The City Councils Built Environment Business Plan includes a specific reference to

    Improve the quality of life, health and well-being of Westminsters communities.

    3. Risk Management Implications3.1 The recommendations in this report do not have any significant Risk Management

    Implications

    4. Health and Wellbeing Impact Assessment including Health and SafetyImplications

    4.1. The recommendations in this report do not have a significant impact on health and well-being.

    5. Crime and Disorder Implications5.1 The recommendations in this report do not have any significant crime and disorder

    implications.

    6. Impact on the Environment6.1. The recommendations in this report do not have any significant impact on the

    environment.

    7. Equalities Implications7.1. The recommendations in this report do not have any significant equalities implications.

    8. Staffing Implications8.1 Key staffing implications are set out in the main body of the report.

    9. Human Rights Implications9.1. The recommendations in this report do not have any significant human rights

    implications.

    10. Energy Measures Implications10.1. The recommendations in this report do not have any significant energy measures

    implications.

    11. Communications Implications11.1 There is a need to ensure that the any designation decisions are clearly communicated

    to those who live and work within the respective neighbourhood areas in line with theCity Councils legal obligations set out in paragraph 6.7 in the main body of the re port.

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    Appendix B

    Summary of neighbourhood area application representations

    Church Street Neighbourhood Area

    21stJanuary to 1stMarch 2013

    4 representations received; 1 from a Westminster councillor, 1 from a local business and 2from local residents. All comments were in support of Church Street being designated as aneighbourhood area.

    Summary of comments:

    Recognition of the distinction of Church Street from its neighbourhoods, that being StJohns Wood, Marylebone and Maida Vale.

    The uniqueness of the ward in terms of diverse population, cultural identities, socialcapital, range of commerce and enterprise.

    A Church Street neighbourhood area is appropriate level to focus on local issuesspecific to the area.

    Victoria Neighbourhood Area

    21stJanuary to 1

    stMarch 2013

    32 responses received; 1 general comment, 3 objections and 28 supporting representations.

    Supporting comments:

    communities and businesses are properly identified as being Victoria

    Clear boundary in line with Victoria Opportunity Area and Victoria Planning Brief

    Victoria Business Improvement District and Victoria Interchange Group are suitableorganisations/bodies to drive forward a neighbourhood forum

    Opposing comments:

    Victoria is too large an area, has been hijacked by larger commercial landlords,dominated by businesses.

    Buckingham Gate Neighbourhood Area

    21stJanuary to 1stMarch 2013

    13 responses received; 1 general comment, 8 objections and 4 supporting representations

    Supporting comments:

    The Buckingham Gate Neighbourhood Watch is an active body taking genuine interestin the area.

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    Area shows real community spirit and there is a need for the historic fabric of the area tobe preserved.

    Opposing comments:

    Buckingham Gate Neighbourhood Watch had not consulted anyone prior to thesubmission of the neighbourhood area application.

    The proposed neighbourhood area is small and separates north and south of VictoriaStreet.

    Inappropriate against Westminsters aspirations for the area and undermines VictoriaPlanning Brief

    Pimlico Neighbourhood Area

    25thJune to 3

    rdAugust 2012.

    12 representations received; 2 of which supported and 10 opposed the neighbourhood areaapplication.

    Objecting comments:

    Pimlico FREDA is not a representative organisation.

    Boundary overlaps with Belgravia neighbourhood area (before revision).

    Size of the area is too large to take into consideration local concerns.

    Churchill Gardens Estate Neighbourhood Area

    18thMarch to 26

    thApril 2013

    2 responses received; 1 in support and 1 objection.

    Objecting comment:

    It was considered that the Churchill Gardens Estate is too small an area to become aneighbourhood area therefore should be part of the wider Pimlico neighbourhood areaand forthcoming forum.