The shopping centre is back!

Dear Friend

The shopping centre traders are back in business after the Coronavirus lock-down. All of them have had to adapt to new regulations, putting up screens, redesigning the space inside their units etc – showing their quick adaptability and resilience!

Everyone is invited to keep up the Elephant spirit by supporting local traders – so, bring your face-mask, keep social distance and #buylocal #buyElephant!

Please spread the word too –

https://twitter.com/LatinElephant/status/1273246907599589377
https://www.facebook.com/Latinelephant/posts/3019923641390550?comment_id=3019941381388776&notif_id=1592402205715844&notif_t=feed_comment

Regards
Jerry

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35% Campaign update – The harsh reality of relocation for shopping centre trader

The harsh reality of relocation for shopping centre traders

Apr 23, 2020 12:00 am

Law centre survey shows that nearly half of traders have nowhere to go -The Southwark Law Centre (SLC) has written to Southwark Council, detailing the shortcomings of the relocation of the independent traders from the Elephant & Castle shopping centre, prior to its demolition on 31 July 2020. The letter is supported by Latin Elephant and Up the Elephant, which includes the 35% Campaign.

SLC’s letter supplies Southwark with the details of a survey of traders about the relocation, conducted just before the Coronavirus lockdown. This ‘snapshot’ survey of ten traders shows that 4 had not been offered a relocation space and the remaining six were offered the spaces that were inadequate, mainly because they were too small, but also because they were in poor locations for attracting trade and had no space for storage or for displaying their goods.

The letter also criticises the traders’ appointed business advisor, Tree Shepherd, for a lack of appropriate support, particularly during the lockdown. The relocation fund is described as not fit for purpose and the relocation database of limited value. It regrets that Southwark approved using CPO powers on Delancey’s behalf without any increase to the Delancey relocation fund.

The letter also notes that work on completing Castle Square had stopped and asks how this will impact on the traders’ relocation. This is one of the four relocation sites and due to open in June – but work has stopped as a result of the coronavirus crisis:

The letter acknowledges that Southwark is not able to control the wider economic circumstances, but nonetheless calls on them to give stronger and more effective support to the traders.

Loyalty not repaid

All the trader respondents to SLC survey come from black and ethnic minority backgrounds, the longest serving trader having been at the Elephant for 22 years, while the longest serving trader not offered relocation space has been there 15 years; all ten traders together clock up over 115 years at the shopping centre.

In their survey comments all the respondents say the same thing – that more money is needed, and more space, and if the space cannot be found then compensation should be offered.

Relocation applications rejected

The SLC survey is a relatively small, but its finding that 4 out of 10 traders have no place to go is mirrored by the much larger and earlier research of Latin Elephant/petit elephant. This has tracked the fate of nearly a hundred businesses, since December 2018 and estimated that only 40 would be relocated, a prediction that now appears to be confirmed by Southwark Council in its own assessment of the relocation process. This states that while there have been 64 applications for three of the four main relocation sites, only 36 have been successful, with 28 rejected1. Southwark gives no explanation for this, or says anything about what exactly it expects these 28 businesses to do. The fourth site, Elephant Park, has had one successful application out of 52.

Public support for development falls

Southwark prefers to emphasise the increasing confidence traders are said to have, that they will be able to at least remain trading, by reference to an Equality Impact Assessment (EIA). This is cited as evidence that the so-called mitigation measures are working, despite the 28 rejected relocation applications. The EIA also reveals the embarrassing fact that public support for the shopping centre redevelopment from 67% in 2016 to 42% today, mainly because of concern ‘about what will happen to businesses currently in the shopping centre’. The proposed remedy is to continue the well-meaning, but now hardly appropriate ‘Follow The Herd’ publicity campaign.

Crisis response needed

As we reported in our last blogpost Southwark has approved a welcome £200,000 in support of traders, agreed before the Coronavirus lockdown. Separately, Southwark has also launched a Business Hardship Fund of £2m, aimed at all the borough’s 10,000 microbusinesses.

But otherwise Southwark’s latest report on the progress of the shopping centre redevelopment takes no account of the entirely new, desperate circumstances of the Coronavirus pandemic. This could be excused as it is dated 24 March, the first day of the lockdown, but was not considered until 7 April, two weeks after lockdown, without any amendment or addendum, that recognised the new trading situation.

The report also gives no figures for any amount of money actually paid out to traders, from any source.

Support traders, not Delancey

Southwark has done Delancey the huge favour of adopting CPO powers and leasing both the shopping centre and the LCC, to override residents legal rights. While Southwark claim that is at nearly nil cost to itself, it will be of considerable financial benefit to Delancey, who would not otherwise have been able to secure the necessary funding for their redevelopment scheme3.

Southwark did this without insisting that Delancey improve its own support for traders. The relocation fund remains the meagre £634,700, agreed nearly 2 years ago, at planning committee. Delancey also still insist on closing the centre on the 31 July, with some minor concessions and despite the SE1 survey that showed 72% of local people want the centre kept open.

Over the past 3 years and more the shopping centre traders have been fighting a hugely unequal battle to keep their businesses going, while the centre has been rundown and trade blighted. Now is the time for Southwark to start giving the level of support it has been giving Delancey. It must get cash to traders for their immediate survival. It must tell Delancey it will not be using its CPO powers on its behalf, until all the traders are either relocated or suitably compensated and that there must be no centre closure until this is done.

You can support us in our fight for fairness for traders, by sharing these hashtags;

#supporttradersnotdelancey #supportelephantnotdelancey #ElephantJR.

Footnotes:


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35% Campaign update – Shopping centre CPO – Southwark ploughs on regardless

Shopping centre CPO – Southwark ploughs on regardless

Apr 04, 2020 12:00 am

Southwark exercises CPO powers to clear E&C shopping centre site for Delancey -Southwark Council is set to assume Compulsory Purchase Order (CPO) powers, on behalf of offshore developer Delancey, at its Cabinet meeting this Tues 7 April (postponed from 24 March). While this extraordinary move will strengthen Delancey’s hand in ongoing negotiations with various development stakeholders, such as TfL, and will relieve Delancey of funding risks, the scheme itself remains unchanged, delivering only 116 social rented units and displacing traders wholesale.

The Cabinet meeting is also set to approve a report that will override local residents’ legal rights, for the loss of light caused by the redevelopment. A third report will approve the recently announced £200,000 relocation assistance for traders.

The meeting will be by videoconference, but no livestream is advertised.

As we reported in our last blogpost Southwark intends to lease both the shopping centre and London College of Communications buildings themselves. Subleasing arrangements will return the shopping centre and LCC back to the control of Delancey and University of the Arts London, but as nominal public property, residents legal ‘right-to-light’ options can be overridden. Residents will no longer be able to seek an injunction against the development (while remaining able to claim compensation). Southwark say that there will be no cost to the Council from their leasing arrangements, other than officer time, but the report supplies no figures.

No guarantee that scheme will be built anyway

Southwark’s extraordinary measures illustrate its determined support for Delancey’s redevelopment of the shopping centre, despite the shortfall in social rented housing provided and the mass displacement of traders. Local charity and advocate for all traders Latin Elephant estimates that over half still have nowhere to go.

Southwark’s unwavering support extends as far as neglecting to obtain a guarantee from Delancey that the scheme will go ahead, even with the CPO powers being exercised on their behalf, saying ‘it is not necessary to impose… an obligation to build the Scheme as the measures negotiated for inclusion in the indemnity agreement give the Council comfort that EC is likely to proceed with the Scheme.’ 1

72% say keep the centre open

The proposed measures follow a survey conducted by the SE1 news website that shows 72% of local people want the centre kept open, in the light of the Coronavirus public health crisis. In response Delancey reiterated that they still intend to close the shopping centre on 31 July, while waiving rent and service charges (a long-standing traders’ demand) and promising to making pharmacy and food supplies available, beyond then, if the public health crisis continues.

What we say…

The Up the Elephant Campaign, supported by the 35% Campaign, has consistently opposed Delancey’s shopping centre redevelopment scheme, since its inception, over 3 years ago. We support the ongoing legal challenge to quash Delancey’s planning permission.

Over time various concessions, dragged out of Delancey by campaigners, have made marginal improvements to the redevelopment. Southwark’s pledge of £200,000 for the traders is also welcome; it now urgently needs to be distributed as cash grants to traders. Nonetheless, Delancey’s scheme still remains a bad one. Delancey are displacing an entire community of traders, and destroying a social hub for the many working people from all over the world who have made the Elephant their home. The new development will have a miserly 116 social rented homes, out of nearly a thousand new units (if they ever get delivered).

So, Southwark Council should not be bending over backwards helping Delancey, in any circumstances – certainly not now, when half the traders still have nowhere to go, while Southwark has an obligation to help secure traders accommodation in the new development it never properly exercised. We do not need to add that the traders’ desperate situation has been rendered dire by the Coronavirus crisis.

The UP THE ELEPHANT CAMPAIGN HAS THEREFORE MADE THE FOLLOWING DEMANDS TO SOUTHWARK COUNCIL;

You can support us in our fight for fairness for traders, by sharing these hashtags; #supporttradersnotdelancey #supportelephantnotdelancey #ElephantJR.

Or by lobbying the Councillors approving the decision directly: https://twitter.com/peterjohn6https://twitter.com/rebeccaluryhttps://twitter.com/evenor23https://twitter.com/Jasmine_Alihttps://twitter.com/steviecryanhttps://twitter.com/Livingstone_RJhttps://twitter.com/Victoria_Millshttps://twitter.com/Leo_Pollakhttps://twitter.com/kieronjwilliamshttps://twitter.com/JohnsonSitu.

  1. See para 76 Report: E&C CPO 

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Support Shopping centre Traders not Delancey

Dear Friend

We are in the midst of a public health crisis which has impacted severely on people’s lives and livelihoods, forcing shops and businesses across the UK to close. The position for the Elephant shopping centre traders was already serious, with over half having nowhere to go, come the scheduled centre closure in July – now their situation is acute.

A survey conducted by SE1 website forum found that 72% of people wanted the centre to remain open beyond July. In response developer Delancey says that it still intends to go ahead with closure on the 31st July, but pledged that essential food and pharmacy facilities would remain available, if needed.

This is not good enough. All the remaining shopping centre traders need support now if they are to survive.

Southwark Council are due to assume Compulsory Purchase Order powers on behalf of Delancey, at their reconvened Cabinet meeting, this coming Tuesday. With these powers behind them Delancey’s hand in negotiations with remaining leaseholders and stakeholders will be strengthened. Southwark should not be helping Delancey to build a development that puts small traders out of business and does not give us the social housing we desperately need. 

Instead we call on Southwark Council to support the traders. We welcome its recent promise of £200,000 and now call upon them to release this money immediately as cash grants to traders.

We also maintain our demand that the centre is not closed until all the traders have been properly relocated or suitably compensated.

Please share these hash tags;
#supporttradersnotdelancey
#supportelephantnotdelancey

You can also find Up The Elephant on Twitter & Facebook.
You can read more on the 35% Campaign blog.

Regards
Jerry

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35% Campaign update – Elephant Shopping Centre – traders and campaigners step-up the fight

35 per cent

Oct 30, 2018 12:00 am

Campaigners mount legal challenge and object to insufficient temporary premises –

Elephant shopping Centre traders and local campaigners have taken the first step of a legal challenge to Southwark Council’s resolution to approve the shopping centre planning application, while also objecting to the small size of a proposed temporary facility for the traders’ relocation during the 5 years it would take to redevelop the centre.

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The Public Interest Unit (PIU) of Lambeth Law Centre has written to Southwark, asking it to rescind the decision taken by the planning committee on 3 July 2018, or return the application to the committee. If the Council fails to do this an application will be made to the Planning Court to quash the decision.

The PIU is acting on behalf of a representative of the campaign groups Up the Elephant and Southwark Defend Council Housing. The campaign is supported by Southwark Law Centre and Latin Elephant. Barrister Sarah Sackman of Francis Taylor Building has agreed to represent the campaign.

The seven page pre-action letter gives two grounds for rescinding the permission. The first ground is that the planning committee was misled about public funding for the social housing in the scheme. The committee depended on an officer’s report in making its decision and this led it to believe that funding from the Greater London Authority (GLA), was secured for an increase of social rented housing, when this was not the case.

The second ground is that Southwark had not fulfilled its publIc sector equality duty (PSED) properly, neglecting the collective impact on the Latin American community across London, for whom the centre is a social and economic hub. Southwark had also not taken into account the impact on women business owners from black and ethnic minority backgrounds or on particular Latin American nationalities, such as Colombians, despite the detailed objections of Latin Elephant and Southwark Law Centre. The pre-action letter gives a deadline for reply of 24 Oct 2018 and this is still awaited.

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The Mayor to respond

Aside from the legal challange, the Mayor Sadiq Khan will also be having his say, once the draft legal S106 agreement that would seal the planning approval is complete. Campaigners have written an open letter, asking him to reject the approval as it stands. Local ward councillors added their voice to the call, as did Assembly Member Sian Berry. Local Assembly Member Florence Eshalomi, on the question of traders, says “we cannot have these cultural communities being displaced.” Inside Housing reports that Sadiq Khan is keen to ensure that the development ‘delivers as much genuinely affordable housing as possible’.

A temporary new home for traders…

As well as contending with the consequences of any legal challenge or a call-in from the Mayor, developers Delancey must also provide a temporary facility for displaced independent traders, as a condition of planning approval for the shopping centre redevelopment.

Delancey have had to make another planning application to do this and propose a 2/3 storey building on the Castle Square market place, on their adjoining development Elephant One. Castle Square is on land owned by Southwark Council, but currently leased to Delancy on a peppercorn rent and a share of the revenue from the Square’s future street market. The shopping centre planning condition implies that Delancey will now be buying that land from Southwark.

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The Castle Square facility would last for 5 years, until the Elephant & Castle Shopping Centre development has been completed. Traders would then have the first right of refusal back into the shopping centre.

..but better is needed…

The facility is a valuable gain for the traders, won by their campaign for a fair deal. Latin Elephant and the Elephant Traders welcome the concession, but have also objected that the proposed building is too small and would have trading restrictions that would make it an impractical premises for many of the displaced businesses. Delancey’s proposals mention 33 independent traders, while the trader’s own estimate is that there is a need to provide for over 100 traders. There are also many other issues, including the level of rents and service charges, the security of tenacy arrangements, selection criteria and disability access.

Delancey have agreed to the establishment of a Traders Panel and traders want these issues, and the size of the relocation fund (currently at an insufficient £634,700) to be decided by the Panel, but trader representations on the remit and format of the Panel have gone unanswered, leaving them fearful about the make-up of the Panel and how it might deal with these issues.

Delancey is not there yet

Delancey only secured a resolution to approve their shopping centre application after three planning committee meetings. It must now get a further planning permission for the trader’s temporary facility on Castle Square, before they can undertake any shopping centre redevelopment.

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 web form.

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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

Elephant and Castle Shopping Centre meeting 7th September

From Elephant Amenity Network

Dear Friend

The amended planning application for the re- development of the Shopping Centre has now been submitted.  The main change is a draft local business support and relocation strategy.  This is the result of the hard campaigning by  the traders and their supporters.  It is a step in the right direction, but could be much better still – Document – Draft local business support and relocation strategy.  A promised affordable housing addendum has not yet appeared.  There is no social rented housing proposed in the original application.

We are organising a meeting at the shopping centre w/c 11 Sept and will forward details once this is arranged.

In the meantime shopping centre developers Delancey will be presenting their amended plans at the Walworth Society,Thursday 7th September at 7pm at St Peter’s Church, Liverpool Grove SE17 https://goo.gl/maps/YmKFJotwsZQ2

This is a public meeting, open to all, and an important opportunity to let Delancey know our views and support the traders.

Regards

Jerry

PS All the application documents can be found here – http://planbuild.southwark.gov.uk/documents/?casereference=16%2fAP%2f4458&system=DC