Big week for the shopping centre

Dear Friend

Next week is a big week for the shopping centre.  Mayor Sadiq Khan is expected to deliver his decision on the shopping centre planning application tomorrow, after Southwark Council referred their decision to approve Delancey’s plans to him at the end of November.  He can either approve, direct refusal or take over the decision himself.

Sian Berry AM has written to the Mayor, asking him to call the decision in – read more here.

The planning application for Castle Square is also going to planning committee on Tuesday .  This the tempororay relocation facility for the traders and is welcomed – but it is too small and there are many outstanding issues, such as length of leases and rent, which have not been resolved with the traders.

Delancey must get approval of the Castle Square application before it can proceed with the redevelopment of the shopping centre, so please join us to support the Traders on Tuesday – 6pm, Southwark Council HQ, 160 Tooley St SE12QH –  read more here.

Regards
Jerry

PS We raised £1800 at the Up the Elephant Party last week – 180 people attended – thanks to Distriandina, DJ Gloria, DJ Fulvio, Arch 7 traders, Elephant Traders Association, Latin Elephant, Southwark DCH, Southwark Notes and everyone who helped organise a great evening.

 

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35% Campaign update – Elephant shopping centre – decision day

Elephant shopping centre – decision day

Dec 08, 2018 12:00 am

Mayor’s verdict due on Monday

Mayor of London, Sadiq Khan is due to make a decision on the Elephant shopping centre planning application on Monday, 10 December. Southwark resolved to approve developer Delancey’s proposals back in July, after fierce opposition and three planning committee meetings. Southwark referred the decision to the Mayor on 29 November, when it sent him the legal s106 agreement, which seals the application; he can either approve, direct refusal or take the decision over himself.

The Mayor has said that he will demand a ‘robust relocation strategy’ for traders displaced by the centre’s proposed demolition and redevelopment. He has also said that he will be subjecting the affordable housing offer to ‘rigorous scrutiny’ and be addressing unresolved transport issues.

Relocation strategy and Castle Square

The relocation strategy is listed as Appendix 10 to the s106 (although titled Appendix 9) and was only published on Friday, 7 December. It outlines how traders will be assisted, but they take issue with the document’s claim that they have been consulted on its contents (9. Trader Consultation). The Trader Panel has not yet been established and the temporary relocation facility at Castle Sq has drawn many objections, for its small size, design, opening hours, leases and rents. As the Latin Elephant objection points out these issues could have been resolved though the Trader Panel, had it been set up more promptly.

According to the terms of the S106 agreement, Delancey must obtain planning permission for a temporary boxpark before it can proceed with the redevelopment of the shopping centre and this will be decided by Southwark’s planning sub-committee B on 12 December.

The S106 agreement

Aside from the relocation strategy other notable aspects of the draft S106 include no mention of increasing the social housing offer, above the 116 units Delancey has already committed to build, if it receives a GLA grant. Delancey claimed to the planning committee that it had an ‘in-principle agreement’ for the funding, but this claim has been challenged by campaign groups.

There also remain several points on which Southwark and Delancey are not in agreement, including the target profit on the residential element of the scheme – Delancey wants 17.5% GDV, Southwark says 12.5% GDV is a more appropriate profit level (pg 39, footnote). This could be significant for getting more affordable housing; if the target is exceeded, half the extra profit should go to Southwark, so it benefits from the lower figure.

Page 60 of the S106 agreement (‘Eligibility Review’) also details the complex arrangements for extending the London Living Rent and other so-called affordable, discounted market rent tenancies, beyond their 3-year terms. Tenants who are fortunate enough to see their salary increase during their tenancies may also find much of it going to Delancey, if they jump into a higher band of rent payment – or maybe not, depending on what other affordable units are available at the time. While Delancey is bound to maintain the affordable housing ratios, final decisions on how to do this are left in Delancey’s hands.

Sadiq Khan must reject this scheme

The shopping centre traders are the people to judge whether or not Delancey’s proposals for trader relocation are ‘robust’, as the Mayor has demanded; but the Trader Panel has not been set up and has had no opportunity to discuss the relocation strategy, yet alone amend or improve it, so this test has not been passed.

There are also unanswered questions over any GLA funding for social rented housing; will Delancey get the funding and if it does, will it increase the amount of social rented housing or just use it to subsidise the 116 units it has already committed to build?

The Mayor also needs to take a close look at the head-scratching arrangements for extending so-called affordable rent tenancies, beyond their 3-year terms. They are a recipe for confusion and mismanagement and will leave tenants vulnerable and insecure.

The case for Sadiq Khan ‘calling-in’ this application is strong, for the sake of shopping Centre traders, the local community and all future residents and the call-in is supported by Sian Berry AM amongst others. Delancey’s scheme does not deserve to be approved and should be rejected.

You can still object to Delancey’s inadequate boxpark application here.

You can also join us to make some noise at a demonstration this coming Wednesdaywhen the Council’s planning committee decides on the boxpark application: 6pm 12 December 2018, Southwark Council head office, 160 Tooley St SE1 2QH

https://www.facebook.com/events/747582068976611/


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35% Campaign update – Castle Square – Delancey responds

Nov 24, 2018 12:00 am

Small progress but still not enough on traders’ temporary premises -Since our last blog on the Elephant & Castle shopping centre saga, over 100 objections have been made to the temporary boxpark proposals for traders on Castle Square.

In response, Delancey has submitted a two-page document covering rent levels, tenancy agreements, service charges, selection criteria, hours of operation, access and the relocation fund. There is now a reconsultation on the planning application proposals.

One clear improvement has been made – the facility will now have lift access – but otherwise Delancey does little more than restate its previous position.

There will still be no affordable retail units, but Delancey claims that the proposed rents are “discounted in excess of the requirements of the Elephant & Castle SPD”.

Delancey also states that traders will be given first right of refusal to the temporary units at Castle Square and units will not be let to others until Delancey receives refusals in writing.

However, the overall size of the boxpark facility is still only 492 square metres and there is no increase to the relocation fund of £634k.

There is also still no agreement with the traders on any of these and the other issues such as the trading hours, service charges and selection criteria.

Moreover, the Traders Panel has only just got off the ground, with no traders yet appointed to the Panel.

Until this happens none of these issues can be said to be settled and the “robust relocation strategy” that Mayor Sadiq Khan is asking for will not be achieved.

Many of our readers have previously submitted objections. We have drafted a revised objection in light of the minor revisions submitted by Delancey.

We must ensure that the traders get the best possible deal, whatever happens; they need the temporary facility, but it must be better; if you would like to help achieve this, please submit an objection using our online objection form.

Join our party!

The Up the Elephant Campaign in support of the traders and for more social rented housing at the Elephant is also holding a Campaign Party on this coming Friday 30 Nov – a night of of Latin beats with DJ Gloria (Exilio) to raise funds to pursue a legal challange to Southwark Council’s granting of planning permission for the shopping centre scheme – further details and tickets available here.

Links: https://www.facebook.com/pg/Up-the-Elephant-1117314135042279/events/
https://twitter.com/uptheelephant_
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Joint campaign asks mayor of London to bin the Elephant scheme

From Elephant Amenity Network

Dear friend,

You will know by now that the shopping centre planning application has been approved, by a very narrow margin.  However there is still some distance to go before the development goes forward and the Mayor of London still has to give his endorsement to Southwark’s decision.

We are campaigning now to get the Mayor to refuse to do this, as he has the power to do. We have now sent a joint open letter to the Mayor asking him to call the application in and improve the offer or direct a refusal.
Our letter to Mayor Sadiq Khan is here (pdf)

Green Party AM Sian Berry has also written to the Mayor:
https://www.southwarkgreenparty.org.uk/call_in_the_elephant_decision_says_sian

Please  SIGN THE PETITION

Sadiq: Say NO to the displacement of BAME communities from Elephant & Castle

Eight Labour Councillors, including the local ward councillors and the deputy leader, have made their dissatisfaction with the decision clear and have also  asked London mayor Sadiq Khan to make improvements.   London Assembly member Florence Eshalomi and a local Labour ward has added their voices to the call.

Many local Labour branches have passed a motion opposing the decision to approve the application and asking Sadiq to intervene. This has caused a spat inside Labour, with the local MP Neil Coyle bizarrely accusing one of these branches of “bullying”. This article in Southwark News has more details:
 https://www.southwarknews.co.uk/news/neil-coyle-goes-to-war-with-his-own-party-after-blasting-labour-bullies-and-trolls/ 

Campaign groups, including the 35% Campaign, Latin Elephant and Up the Elephant have also vowed to continue the fight.

See http://35percent.org/2018-07-09-delancey/

Shopping centre redevelopment – opposition grows

From Elephant Amenity Network

Dear Friend

Despite being approved by the planning committee there is growing opposition to the Elephant and Castle shopping centre scheme.

The scheme must be approved by Mayor Sadiq Khan and a NEW petition organised by Latin Elephant is calling on him to either direct refusal of the application or take it over himself.

Southwark Defend Council Housing had a stall at the SGTO summer fest in Camberwell yesterday and got a good response to the campaign to stop the scheme.   Labour Party branches and Camberwell and Peckham Constituency Labour Party have also demanded that Mayor Sadiq Khan calls this application in. You can see the motion they passed here.   Green AM Sian Berry has also written to the Mayor, as have ward Councillors.

PLEASE sign the online petition here.

You can also send objections and comments to here – mayor@london.gov.uk – quoting Southwark Council planning ref 16/AP/4458

Regards

Jerry

Delancey get what they want

E&C shopping centre application narrowly approved

Shopping centre owner and developer Delancey’s proposals for the Elephant shopping centre narrowly secured approval from the planning committee last Tuesday . The approval is subject to Mayor Sadiq Khan endorsing the decision and the successful conclusion of S106 negotiations, to seal the legal contract between Southwark and Delancey for the delivery of the development. A late application to Historic England for listing the shopping centre has also to be resolved.

lancey for the delivery of the development. A late application to Historic England for listing the shopping centre has also to be resolved.

imagecommittee.jpeg

Winners and losers

Southwark’s planning officers were frank when presenting the merits of the proposed development – there were going to be positives and negatives (the negatives known as ‘disbenefits’). In the positive column was a contribution towards a new Northern Line tube entrance, a new London College of Communication campus for University of the Arts London, new homes and new shops. In the negative column was the displacement of the current traders and the unaffordability of the new homes and new shops for local people (or indeed for most people in Southwark). It was for the committee to decide whether the balance lay and in the event it decided by a 4 to 3 vote, with one abstention, to approve the application.

In reaching this decision the committee accepted that the so-called mitigation measures, designed to minimise the harm to traders and other users, were sufficient to allow a vote in favour of the development. The committee also set aside its own adopted housing policy which lays out clearly how much affordable housing is required, what type it should be and how much should be social rented. Instead it chose to measure the affordable housing offer against a so-called ‘emerging’ policy, championed by Delancey and other developers, and which entails building less social rented housing (12% of total housing against 17.5%, for the Elephant area). The affordable housing offer even fails by this measure, because it has too little London Living Rent (LLR) and, at nearly half the total units, too much affordable housing at 80% market rent, but the application was approved despite all this.

Housing policy Pick n’ Mix

As a bonus Delancey also obtained the option of a Build to Sell (BtS) scheme on the West site, while still retaining a Build to Rent (BtR) scheme as its main proposal. This means the committee has approved a major application without knowing the exact tenure of half the housing. Other complications arise because different housing policies apply, depending on whether a scheme is BtS or BtR, and each has different affordable housing requirements. If the BtS scheme is chosen, then more social rented housing would be required (subject to viability). Council officers insisted that they were ‘confident’ that this additional social housing would be secured, because of their expertise in monitoring S106 agreements (not a confidence the Local Government Ombudsman shares).

The BtR scheme has its own complications, one of which is ensuring that the proportion of LLR units are maintained at the consented level. This is a problem, because Delancey wants to reassess eligibility for what it likes to call ‘subsidised housing’ at the end of every 3-year tenancy. If a LLR household has enjoyed a salary increase over this time, it may jump up a rent band and cease to be eligible to remain in a LLR home. The number of LLR units is already too low, (53 against about 150 units) and Southwark have proposed two equally impractical and almost incomprehensible ways of making sure they do not drop further. The officers were not asked to explain why Southwark feels the need to contort itself this way and not simply tell Delancey to comply with adopted policy and thus avoid these complications. The committee did ask some questions on the practical effect on tenants of this recurrent means-testing, such as what happens if a tenant household income goes above £80,000 pa (answer: the rent doubles) and would you have to leave (yes, could happen). The planning officers again reassured the committee that they can resolve this affordable housing dog’s dinner in a consistent and flexible way, in S106 negotiations.

Traders’ suffering squared away

The committee decision to approve the application also tacitly accepts officers’ assurances that all that could be done to mitigate harm to the traders was being done. This was despite the traders’ objections that there was no relocation strategy in place, that the relocation fund was inadequate (£634,700 – an average of about £6,000 per trader, according to one committee member) and that their businesses were being ruined by Delancey’s poor upkeep of the centre, as well as future uncertainty; traders have been told by Delancey they would have to leave the centre by March 2019, regardless of the outcome of the planning application. A trader’s panel is now to be put in place to solve all these problems.

Southwark is also content that it is fulfilling its public sector equality duty (ie that it has paid due regard to the harm the development will cause to ethnic minority and other groups), despite being warned by Southwark Law Centre and Latin Elephant that it has ignored other protected groups, such as women and the young. Palaces’ bingo and bowling has withdrawn its objection to the application, but council officers acknowledged that allowing a bingo operator first right of refusal for the use of some leisure space does not guarantee the bingo will return in the new development. Nor does this right of refusal solve the problem of what bingo users do between the centre’s demolition and completion of the new development. Most of the bingo users are from black and ethnic minority backgrounds. The bowling alley, much used by young people, does not benefit from even the small protection given to the bingo.

Profit vs cost

The justification for accepting a proposal that drove a coach and horses through its housing policy and displaces the Latin American and ethnic community who have made the Elephant their social home was ‘viability’. Delancey told the committee that their estimated level of profit was at ‘breaking point’ and nothing more could be offered in the way of affordable housing, but then stunned everyone but themselves with the admission that it was only paying £260,000 towards the extra 42 social rented units (lifting the number from 74 to 116 units), the rest of the cost being met by a GLA affordable housing grant of £11.25m, thus maintaining Delancey’s estimated profit at £148.4m. This equates to about 15% GDV (gross development value) or 1.5% pa, according to Delancey.

The committee rests its hopes of improving the affordable housing through a so-called viability review mechanism, which at some later date will supposedly establish the achieved level of profit. Southwark’s viability advisor’s, GVA endorsed this approach, saying that it would be an open-book appraisal, with all the figures being made available, but given that Delancey are even now keeping critical information confidential and Delancey’s off-shore company structure one can be forgiven for doubting this.

GVA’s written advice cautions ‘It should also be noted that there is no certainty that the Social rent on the West Site will be delivered as this is some way in the future’. All the 116 social rented units will be on the West Site and although this was said before Delancey secured the promise of GLA funding, it is still a pertinent warning.

Fortune favours UAL

Staunch support from the University of the Arts London (UAL) undoubtedly helped turn at least one committee member’s vote Delancey’s way, through fear of the LCC upping sticks were the application rejected and UAL will be rewarded with a new London College of Communication campus. We know from staff and students that new facilities are much-needed and no-one wishes to see the LCC lost to the Elephant or Southwark, where they do much worthy educational work, but the fact remains that UAL, along with TfL, are the only current occupants of the Elephant who will unequivocally benefit from this new development. Much will depend on the final terms of the S106 agreement, which will include the conditions on the traders’ relocation and the traders’ fund, amongst other things; UAL should use all its influence with Delancey, on behalf of the traders, to get the best deal possible.

It will not be plain sailing for Delancey

The council officers’ repeated response when the committee voiced reservations about the application was that the approval would not be sealed until the S106 agreement was concluded, where their concerns would be addressed. A proposal from the local councillors that the S106 agreement return to the planning committee to ensure this was not accepted.

Eight Labour councillors, including the local ward councillors and the deputy leader, have made their dissatisfaction with the decision clear and asked London mayor Sadiq Khan to make improvements. London Assembly member Florence Eshalomi and a local Labour ward has added their voices to the call.

Sadiq Khan has wide planning powers and can direct refusal of a strategic planning application, or take over the decision-making himself and given the small amount of one of his favoured housing tenures, London Living Rent homes, he might be inclined to do so, although his GLA officers have been largely supportive, of the application, with reservations about treatment of the traders. He has 14 days to make a decision from the date of the committee meeting.

Campaign groups, including the 35% Campaign, Latin Elephant and Up the Elephant have also vowed to continue the fight.

The exemplary SE1 twitter feed gives a blow-by-blow account of the meeting, which can also be viewed on You Tube.

https://i0.wp.com/35percent.org/img/london-borough-of-southwark-street-sign3.png

 

35% Campaign update – Delancey’s subsidised profit

Delancey’s subsidised profit

Jul 02, 2018 12:00 am

Courtesy of GLA

Just over a week before the shopping centre planning application goes before Southwark’s planning committee for the third time a slew of viability documents have been released. Given the size of the main document, the full financial viability assessment (FVA) it has not been possible for campaigners to present a complete response, but some interesting facts have come to light nonetheless.

As is usual developer Delancey claims its affordable housing offer is the most it can viably provide, but it falls some way short of what Southwark’s planning policy requires, as is also usual. Delancey has upped the number of social rented units from 33, first to 74 and then to 116, but this is still some way short of the circa 165 units needed for policy compliance. Delancey were helped along by a £11.25m grant from the Greater London Authority (GLA), which promptly found its way straight to Delancey’s bottom line, increasing its profit by exactly the same amount. We can see this be comparing two development appraisals of the scheme. The first, dated 13 June 2018, is for a scheme with 116 social rented units, but without grant funding, and has a profit of £137.1m. The second, dated 22 June 2018, is also for a scheme with 116 social rented units, but includes a £11.25m GLA grant, and, by a miracle of development finance, a profit of £148.4m. Delancey have responded to justified cries of ‘subsidise homes, not profit’ pretty much confirming that this is what has happened, but referring to the difference in the profit levels as a ‘viability gap’ and pleading that it ‘maintains’ the profit, not ‘enhances’ it. Most people will struggle to see the difference and would think the money better spent on the social housing Delancey claims it cannot afford to build.

The price of a unit

Another curiosity is the price of the social rented units. Delancey will not be building them for nothing and they will be sold to a registered provider of affordable housing or Southwark Council. The unit price given in both the June development appraisals is £229,864 (total £26.66m for 116 units). However an earlier development appraisal, dated 20 Feb 2018, for the first revised offer of 74 social rented units gives the unit price as £78,674, (total £5.82m). Clearly Delancey have more than one way of ‘maintaining’ profits; together with the GLA grant profit will have been ‘maintained’ by public money to the tune of £32m, all as a result of Delancey revising upwards its original affordable housing offer.

Delancey also cocks a snook at Southwark’s much trumpeted viability transparency policy, by keeping important information confidential. The Existing Use Value (EUV) of a development site is a critical figure in determining how viable a site is and, simply put, the higher the EUV is the less there will be for affordable housing. Delancey is claiming an EUV of £175,000,000 (Southwark’s independent advisor, GVA assumes a lower figure of £138,000,000). Delancey says there is supporting information to underpin its higher figure, but adds loftily ‘However, the reports contain information to the existing landowner and cannot be divulged’.

All this aside it is quite clear from the viability section in the officer’s report on the planning application that Delancey’s scheme can fund a fully compliant amount of affordable housing. However, Southwark are choosing to appease Delancey by accepting the lower amount on offer and proposing a viability review at a later date, and waiting to see if there can be any ‘uplift’. This is a mistake, because it shifts risk from Delancey to Southwark – if Delancey should make less money than estimated, it will mean less affordable housing, not less profit. The viability review would also be one of the legal s106 conditions on any planning approval, which Delancey has previously succeeded in changing to its own advantage at its ‘ELEPHANT ONE’ development, right next door to the shopping centre.

The decision on this application is in the balance. There will be a demonstration before the planning committee meeting Up the Elephant Tuesday 3rd July @ 5:30pm; Southwark Council Offices, 160 Tooley Street, London SE1 2QH (Planning Committee starts at 6:30pm)

More info can be found here