Comment

London Plan: Tall Buildings and their place in London

With the Secretary of State’s written confirmation last Friday, 29 January, that he is content for the Publication version of the London Plan to be published, we have finally seen the finale to a lengthy plan-making process dating back to its first public consultation in December 2017.

But, with the Secretary of State’s final remarks to the Mayor that he still has “a very long way to go to meet London’s full housing need, something your plan clearly and starkly fails to achieve” there will be an ever-increasing pressure on the Mayor and London’s boroughs to deliver housing at an increased density across London to meet identified need. In this part of our London Plan series we look at how this underlying housing growth requirement sits with wider changes to policy controlling the location of London’s Tall Buildings.

See our recent articles for further information on the broader changes of the plan, the approach to industrial land and homes for Londoners.

As part of the SOS’ final Directions in December there has been an important change to Policy D9 (Tall Buildings) of the Publication Plan in that where there is no local definition of a tall building the policy now applies to buildings over 18m height (6 storeys). This sits against the backdrop of a current policy threshold of those “that are substantially taller than their surroundings” or larger than the referral threshold to the Mayor (25m in height in the Thames Policy Area, and over 30m in height elsewhere in London).

Whilst noting that there is clearly a place for tall buildings in London, the SoS’ basis for this revised policy approach was the consideration that London’s boroughs must be empowered to choose where tall buildings are to be built within their communities. The plan states this revised policy approach has been put in place “to ensure such developments are only brought forward in appropriate and clearly defined areas, as determined by the boroughs whilst still enabling gentle density across London”.

When taken in conjunction with retained sub-policy controls - that tall buildings should only be developed in locations identified as suitable in Development Plans - London’s development industry now finds itself with a new policy hurdle for schemes in excess of the new minimum 18m threshold. This will apply where there is no local definition of a tall building and/or no spatial strategy on tall buildings within an existing or emerging Development Plan (including site specific allocations).

The policy change will arguably assist emerging developments below 18m that will sit above the height of its local surroundings with the Government looking to ensure policy does not stifle the incremental densification of areas with “gentle density”. This approach is apparent as the SoS has been careful to ensure the revised minimum height aligns with wider recent permitted development right changes that allow upwards extensions to existing buildings in a number of circumstances up to 18m in height.

So with the revised policy approach placing increased control with boroughs on where tall buildings should be built, what does this mean for London’s development industry? The changes will arguably put an ever-increasing importance on the need for landowners and developers seeking to deliver higher density schemes (beyond the local/London Plan threshold) to actively engage with the Development Plan process at a borough level and promote sites for development either on a site specific basis and/or an area basis (where it is suitable for tall buildings). Such an approach closely aligns with the Government’s wider planned reforms of the national planning system within the White Paper which as part of sweeping reforms include a material shift towards zoning which would be likely to include areas suitable for tall buildings.

With this push for boroughs to define appropriate locations for tall buildings it is likely planning policy teams will come under increased pressure to juggle policy and political objectives, which are often competing, to address housing delivery as part of Local Plan reviews. This is particularly likely to be the case in London’s ‘outer’ boroughs, a high proportion of which need to plan for a significant increase in housing delivery against the backdrop of wider policy controls. These controls are already applied to industrial land, green belt release, and now whether a locally defined threshold for tall buildings in excess of the 18m minimum will allow a framework for growth in the most suitable areas.

As part of this process LPAs will need to carefully assess appropriate sites for future housing allocations and in tandem make, often bold, allocations to set a new context for height and density in areas that are best connected to public transport and existing centres, to make the most efficient use of land. In boroughs where there has historically been a reluctance from both local residents and politicians for development to come forward at densities beyond the local context, it is likely that the borough’s approach to height and taller buildings will become a highly contentious matter as part of the local plan consultation process and, ultimately, a key area of debate at Examination in Public.

This will all unfold under the watchful eye of the SoS who in signing off the Publication Plan concluded that he “will continue to monitor progress and look forward to seeing Boroughs update their Local Plans to reflect the changes in strategic policy this London Plan puts in place”. With a number of London’s LPAs either commencing or currently under way with their Local Plan reviews, the opportunity for Development Plan engagement and site promotion is very much now.

For further information on the impact of the London Plan on tall buildings please contact Alex Christopher.

4 February 2021