A success for shopping centre traders!

Dear Friend

The shopping centre traders’ deputation and protest at Southwark Council’s Assembly on Tuesday was a great success.

Prior to the Assembly, Southwark Council agreed to contribute £200,000 towards traders’ relocation costs. The money will be in addition to the relocation fund of £634,700, paid by Delancey. Southwark also promised a further announcement on the issue. Details of how the £200k wiil be administered are also awaited.

There can be no doubt this was a response to the campaign and the traders determination to get a fair deal.

The deputation’s 6 representatives (from the main centre, market stalls, arches, plus Latin Elephant and Southwark Law Centre) were well received by the Assembly. It presented their seven demands and took questions from the councillors.

A vibrant protest heard speeches from Paul Heron, of the Public Law Interest Unit and Patria Roman of Latin Elephant, amongst others.

A key demand is for more money from Delancey and no centre closure until all the traders are relocated or suitably compensated – sign the petition here!

We will be meeting very soon to see how we take the campaign forward …hope to see you then!

You can read more here and here

Regards
Jerry
Copyright © 2020 Elephant Amenity Network, All rights reserved.

Shopping centre protest tomorrow

Dear Friend

Just a reminder that the shopping centre traders are sending a deputation to Southwark Council’s Assembly tomorrow evening, Tuesday 28 January.

We will be supporting them with a vibrant demonstration outside Southwark Council HO, Tooley St, SE1 2QH at 6pm – please join us!

These are the traders’ demands;

  1. that the shopping centre is not closed until every independent trader is relocated or receives financial compensation.
  2. that Delancey increases the relocation fund.
  3. that the rent and service charge costs of the relocation options are brought into line with each other.
  4. that the businesses in Arch 7 are fully included in the relocation strategy and can draw from the relocation fund.
  5. that the market traders around the centre are equally and fairly treated and that all traders get the benefit of rent reductions, until the shopping centre closes.
  6. that the independent business adviser, Tree Shepherd, applies the agreed criteria for the allocation of relocation spaces in a fair and transparent way.
  7. that the database of opportunities reflects what was agreed on the approval of planning permission.

    You can read more here

    Regards
    Jerry

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Copyright © 2020 Elephant Amenity Network, All rights reserved.

Shopping Centre stall and demonstration

Dear Friend

Please join us at our Up the Elephant campaign stall on Saturday, 25 January 11.30pm just outside the former Charlie Chaplin pub, on the New Kent Rd side of the shopping centre.

This is in preparation for our demonstration, in support of the traders deputation to Southwark Council’s first assembly meeting of the year on Tuesday 28 January, Southwark Council Head Offices, Tooley St 6pm – everyone who wants a fairer, inclusive regeneration at the Elephant is welcome.

We have also this week made an application for permission to appeal against the High Court decision to refuse our claim to quash Delancey’s planning permission for the shopping centre redevelopment. This was agreed at our last campaign meeting and is the first step in the process of appeal. David Wolfe QC (Matrix Chambers), Sarah Sackman (Francis Taylor Building) and Paul Heron (Public Interest Law Centre) continue to represent us – many thanks to them, as always. We will of course keep everyone updated on our progress.

Regards
Jerry

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35% Campaign update – Elephant traders still homeless

 

Elephant traders still homeless

Jan 20, 2020 12:00 am

Survey shows two-thirds of current traders have nowhere to go -As Delancey announces its intention to close down the E&C shopping centre, research by Latin Elephant has shown that only around 40 out of nearly 100 independent traders still operating at the centre have been allocated new premises.

Latin Elephant’s interactive map, accompanied by supporting evidence, narrates the decline in trader’s numbers, up to late spring 2019. Latin Elephant’s figures show that there were originally 130 independent traders operating in January 2018, of whom only around 40 will be relocated, if the relocation strategy continues on its present course.

How many traders?

The figure of 130 independent traders (ie traders with less than three outlets) was supplied by Southwark Council in January 2018 and later confirmed by officers at planning committee in July. These include market stallholders and businesses in Hannibal House, the office block above the centre, and all lie within the so-called ‘red-line’ of the proposed redevelopment area. Latin Elephant, with the assistance of petit elephant, then conducted its own survey in December 2018, just before the redevelopment was finally granted planning permission. This found only 97 traders remained indicating a loss of 30 traders over a few months.

In March 2019, Southwark responded to a Freedom of Information (FOI) request, with a database of 79 ‘independent local operators’, eligible for relocation funds as defined by the legal agreement between Southwark Council and developer Delancey; Latin Elephant identified a further 21 independent businesses omitted from this list.

Latin Elephant also consider that 17 more businesses are excluded from relocation funding, simply by the wording of the legal agreement. These includes sub-tenants in Arch 7, on Elephant Road, and small traders in the shopping centre that rent their space through third parties, such as Forum CentreSpace Ltd.

In any event, in March 2019, Southwark confirmed that only 36 of the 79 ‘independent local operators’ had been offered a relocation unit.

Not enough relocation space

Even though Latin Elephant has voiced concerns about the shortage of relocation units on many occasions, both before and after planning approval, only 40 units are being provided on three sites. Latin Elephant identify 12 units in Perronet House, 8 in Elephant One, and 20 in Castle Square.

In addition to these sites Southwark claim that Lendlease’s Elephant Park development (formerly the Heygate estate) offers 1,350 sq m of affordable retail space, but this only equates to eight units, at most. To date, none of the Elephant Park units has been offered to traders affected by the shopping centre redevelopment, according to an FOI response to a Southwark Law Centre question. Thirty market pitches in East St market were also suggested by Delancey in its planning application, but these are nearly a mile away and have never been delivered.

Unfit database

Delancey has also a legal obligation to maintain a database of vacant retail properties and make it available to eligible traders. Even though Southwark Council says on its regeneration webpage that properties are in the borough and within one mile of the shopping centre, petit elephant found that as of June 2019 many did not meet these criteria. Moreover, many demanded rents between £50,000 and £100,000 per annum, which Latin Elephant has already submitted are beyond the means of small-sized businesses. The whole list of 54 relocation units in the database is here.

So, the best-case scenario is that less than half of all independent traders within the red line have been relocated to premises that might be more or less suitable for their businesses, with all other traders looking at options some distance away and/or too expensive.

Not enough money

Another obstacle to successful relocation is the cost of moving, fitting-out new premises and re-establishing the business. The relocation fund provided by Delancey stands at £634,700, with a vague commitment to an unspecified greater amount, after ‘all claims have been properly assessed’ and ‘taking into account genuine trader hardship’. This averages out at a £17,630 per trader, given thirty-six traders and a very modest £8,034, given 79 traders. In fact, the costs will of course vary, according to size and other needs. By way of example, one business was quoted £121,000 including VAT, for the fit-out works of a 65 sq m unit at Elephant Park.

Feeble enforcement from Southwark Council

The trader’ relocation strategy was inadequate from the start, with too little space to move to and too little money to do it with, but it has been made worse by ineffectual enforcement by Southwark Council.

The relocation process is effectively controlled by Delancey and, in the case of Elephant Park premises, fellow developer Lendlease. Both developers have obligations to provide affordable retail premises to shopping centre traders, under their respective legal s106 development agreements with Southwark Council. Southwark therefore has the power to take action if it thinks that these obligations are not being fulfilled. Traders complain that this is indeed the case, with shopping centre traders not fitting the retail profile required by Delancey and Lendlease for the new Elephant developments. Southwark Law Centre has taken up the case of one trader, refused premises because of the nature of their trade.

Even those traders who have been allocated space have justifiable complaints about its size, cost and position – all critical factors for successfully continuing business. In particular, there are complaints about Perronet House. Despite being owned by Southwark Council, who is thus the traders’ new landlord, both the service charges and rent will be higher there than those for Castle Square, the relocation site owned by Delancey. For example, the rent of a 26 sq m unit on the ground floor in Castle Square is £6,768 per annum, plus £2,256 of service charge (£8 per square foot), while Southwark Council offers a 25.7 sq m unit in Perronet House at an average of £7,645 over 5 years, with an ‘estimated’ service charge of £3,047 (£11 per sq ft).

What information does Southwark Council hold?

Several FOI requests have been made to Southwark, in pursuit of information about the traders’ relocation. The latest request is for information about which traders have succeeded in their relocation requests (thirty-six in number), those refused (28 in number), those who have left the Elephant and Castle, plus the 130 Elephant traders initially identified by Southwark, back in January 2018. Perhaps unsurprisingly this request has been refused, on the grounds that it would prejudice the commercial interests of unspecified third parties; an appeal has been made against the decision.

A bad tale continues

An Evening Standard article, enthusiastically endorsed by Southwark Council leader Peter John, tells the shopping centre redevelopment story that developer Delancey wants the world to believe in – new homes, new jobs, ‘funky street food’. Through their diligent research Latin Elephant and petit elephant tell a different story; one of neglect and broken promises. The independent traders, their families, customers and the social fabric they have built over many years is being pulled apart to enable Delancey and Southwark’s idea of a bright future.

But it is not too late for Southwark to partly redeem themselves – the traders need more space and more money for their relocation fund. Delancey (and Lendlease) are well able to provide it. Delancey’s anticipated profit from the shopping centre redevelopment is at least £137.1m.

The Up the Elephant campaign will be holding a stall on Saturday, 25 January 11.30pm just outside the former Charlie Chaplin pub, on the New Kent Rd side of the shoppin centre.

There will also be a demonstration, organised by the Up The Elephant campaign, in support of the traders’ deputation to Southwark Council’s first assembly meeting of the year on Tuesday 28 January Southwark Council Head Offices, Tooley St 6pm – everyone who wants a fairer, inclusive regeneration at the Elephant is welcome.


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35% Campaign update – Delancey deals double blow to shopping centre traders

Delancey deals double blow to shopping centre traders

Apr 29, 2019 12:00 am

Tesco leaves, bingo hall boarded

Traders at the Elephant and Castle shopping centre were dealt a double blow last week, by the closure of Tesco and the erection of a large unsightly hoarding, isolating shops on the second floor.

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The 8-foot high boards surround the bottom of the escalator to the Palaces Bingo and Bowling Hall, which has now closed. Delancey claim it is necessary to prevent children getting onto the escalator and becoming a site for anti-social behaviour. Traders, however, have demanded its removal, saying it is blighting their trade and customers will assume that the centre is closing.

Traders were also rocked by Tesco’s announcement that it was permanently closing the Metro supermarket in the centre. This follows four weeks of closure, to deal with a mice problem.

Local news website, SE1, reported Tesco as saying “We have today announced to colleagues that we have taken the difficult decision to close our Elephant & Castle Metro store”. An earlier announcement had said that the store was only “temporarily closed” while Tesco worked with Delancey and “a specialist pest control company to take urgent steps to deal with this problem”.

Both these events will reduce the ‘footfall’ in the centre, which smaller traders rely on for their custom and the responsibility lies squarely with shopping centre owner and developer Delancey.

The hoarding on the second floor is oversized, obtrusive and unnecessary. The Palaces can be safely closed by securing the doors at the top of the escalator, and the escalator itself does not need an 8-foot high barrier to prevent children climbing on to it. The hoarding was erected without any consultation with traders and is having a detrimental impact on their businesses.

Delancey manage centre’s decline

Delancey have been the landlords of the shopping centre since 2013, when it bought the centre with the express intention of demolition and redevelopment. Tesco’s departure is clear evidence that it has failed to keep the centre as a fit place to trade. It follows traders’ long-term complaints that the centre is being deliberately run-down, complaints which were described as having ‘some validity’ by Southwark Council planning officers.

Delancey are obliged by the terms of its legal s106 agreement to give 6-month notice of both the centre’s closure and any demolition. Campaign groups and traders fear that it is evading this obligation, by closing the centre bit-by-bit. Many traders are also angry at being excluded by Delancey in its allocation of alternative premises. The latest figures from Latin Elephant show that there are still 62 shopping centre traders who haven’t been offered any relocation space.

Southwark Council have taken no action, either to deal with the rodent problem or to force Delancey to abide faithfully by its s106 agreement.

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Petition – Keep Tesco at the Elephant!

We think that it cannot be beyond Tesco’s resources to solve this problem and Southwark Council should be insisting that it does so, not standing idly by. The Up the Elephant Campaign has started a petition, ‘Keep Tesco at the Elephant! – please sign it and share!

Save the Elephant’s Diverse Community!

35% Campaign is part of the Up the Elephant legal challange to the planning approval for the redevelopment of the centre, on the grounds that it fails to provide enough social rented housing. If you would like to help us in our fight, you can donate to our funding appeal here.

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Shopping Centre Legal Challenge, CrowdJustice launch – Tuesday March 5th 2019

Dear Friend

CrowdJustice launch – TUES MARCH 5 2019

We are now very close to launching our CrowdJustice appeal for funds to quash the Elephant shopping centre planning approval.

We have had two great fundraising events, with the Distriandina Party and the Film Night.  We have now set a target of £5000 for our CrowdJusticecrowdfunding appeal.

CAN YOU MAKE A DONATION?

Can you get help us off to a flying start?  Can you make a donation on the first day of our appeal on TUES 5 MARCH 2019?

We then have only 30 days to reach our target of £5000. If we can raise a good chunk of this in the first couple of days it will encourage others to donate.

The donation can be any amount – all are welcome, big or small!

Delancey want to build nearly a thousand new homes, but only 116  will be social rented – and we will have to wait nearly ten years to get them. Delancey may even get away with providing no social rented housing at all.

We think this is wrong and that is why we are going to court to try to overturn the permission.  We want at least 42 more social rented homes and we know the Mayor has the money to pay for them.  We want a better deal for shopping centre traders – a bigger relocation fund and lower rents.

Our community deserves a development scheme that provides homes and shops that are truly affordable for local people, not one that short-changes us.

So please help us and DONATE  on TUES 5 MARCH 2019
Please share the our CrowdJustice link with your friends too!

You can find out more HERE

Castle Square – still not good enough

Dear Friend

Our Protest pays dividends!

While the Mayor of London Sadiq Khan has agreed that Southwark Council can determine the Elephant shopping centre application, Delancey failed to getplanning approval for the related Castle Square temporary facility for traders.  This scheme must be approved before the main shopping centre scheme can go ahead.

Plannning sub-committee B  decided to defer the decision because it was, amongst other things, dissatisfied with the rent levels proposed for Castle Sq.

The decision to defer the application empowered Southwark’s Chief Planning Officer to refuse the main application- and we argue he should do so, without delay. Unfortunately he has sent a letter to Delancey reassuring them that he won’t be doing that. He’s trying to bounce Planning Sub Committee B into approving the Castle Square application.  See further details here.

Sign this petition calling on the Lead Member for Planning Johnson Situ to refuse the Elephant application now. 

Protest again- No to the Castle Square scheme- It’s still rubbish!

We demand that the Planning Committee listens to the community and refuses this application.

Protest at the Planning Committee- Stand Up for the Elephant AGAIN
Monday 7th January
6pm to 7pm
Southwark Council Officers
160 Tooley Street
SE1 2QH
FB Event and details here
Up the Elephant Twitter

Regards
Jerry