Report of the Director of the Built Environment.
The Committee considered a report of the Director of the Built Environment regarding a stopping up application for areas of Fenchurch Street, Mark Lane, Mincing Lane and Star Alley, relating to the development of the site bound by these streets for which this Committee resolved to grant planning permission on 14 May 2020.
Officers presented the application relating to planning permission granted for 50 Fenchurch Street where, as part of the permission granted, the Committee agreed in principle to the stopping up of the public highway that would be built upon if the development were to be implemented. Officers reported that the associated Section 106 agreement was still under negotiation and that, as such, the planning permission was yet to be issued.
Members were shown plans depicting the extent of highway that would be stopped up as part of the application. It was reported that, when assessing applications for the stopping up of public highway, Officers must be satisfied that it is both necessary to do so and that the advantages in doing so outweigh any disadvantages.
Members were shown plans of the proposed development at ground floor and Officers commented that they considered that the physical interference in the highway including the extensive works to change levels in the basement and layout of the public realm satisfy the test of necessity for the stopping up of all of the proposed areas. It was also considered that the merits test is satisfied due to the exceptionally significant public realm provided by the development over which the public would have 24/7 rights of access, the public benefit of which is considered to outweigh the disbenefits of stopping up the remainder of Star Alley. To reinforce this point, Members were shown images of the existing and proposed views of the development from Fenchurch Street and from Mark Lane, both of which depicting much improved public realm and access.
Officers concluded by highlighting that the Committee’s approval to commit to the process of stopping up was now sought and that this would begin with a consultation process and that, should any unresolved objections remain at the conclusion of the process, the matter would be brought back to this Committee for determination. Should there ne no unresolved objections the stopping up order would be made under delegated authority.
RESOLVED - That, the Committee:
· Authorise the commencement of the process for stopping up of highway as shown indicatively on the Stopping Up plan at Appendix 1
· Agree that if, after giving notice of the proposed stopping up, there are no unresolved objections the Director of the Built Environment is authorised to make the Stopping Up Order as per the plans, subject to the additional S106 covenant detailed in paragraph 16 being secured, and noting that the plans may be updated following minor mapping adjustments
· Agree that if there are unresolved objections the stopping up application will be reported back to the Committee.