Members of the Sydenham Society spent 10 hot days in June opposing Lewisham's plan for a retail park at Bell Green. We put our case for a mixed development with high quality employment, eco-friendly housing and some retail and listened to the arguments from 'the other side'. From the well of the court, the Sydenham Society's team seemed a bit like David taking on Goliath, with our barrister, Juan Lopez, pitched against a legal team that included Christopher Lockhart-Mummery QC, on behalf of the developers. The Inspector, Christina Downes, outlined the points she would be examining - the suitability of the site for bulky goods retailing, the impact on traffic, the potential regeneration benefits and alternative housing schemes.
Witnesses for...
Richard Jones from Planning Perspectives was the first witness for Castlemore, the developers. Cross-examined on the issue of 'trade draw' he stated that he did not think any shops would close - in his view, traders would adapt, possibly becoming more specialist, or providing 'a higher level of service'. According to him, figures show that the available amount of expenditure is ever increasing, and that there is room for both independent retailers and large multiples - the growth in retail expenditure is so significant that the system can cope. The issue of the establishment of 'need' was put to Mr Jones. He said that surveys show a high outflow of expenditure to neighbouring boroughs and that a retail park at Bell Green would reduce this outflow. Mr Lopez pointed out that planning policy does not take account of borough boundaries meaning that outflow is not relevant in addressing need. To which Mr Jones replied that "people are having to travel to shop; they could do this much more sustainably with our proposal; the quantitative tables demonstrate the need for additional floorspace within the borough".
The issue of the catchment area and the obligation on developers to consider town centre sites before out-of-centre ones was taken up by the Inspector. She noted that the applicant's retail studies were based within Lewisham only and said that in fact they should have also included district centres within Bromley. Mr Jones defended this, saying that "the quantum of floorspace we are looking for is generated by need within the borough". Undertaking to look at Beckenham, Penge, Anerley and Crystal Palace he said that, in his opinion,"there's such an amount of money sloshing around in these centres that it's of the same order of magnitude as the other centres".
David Bird, from the traffic consultants Savell, Bird and Axon was the main witness on the issue of traffic. Mr Lopez put it to Mr Bird that the phase 2 development would be a 'net attractor of traffic', and would lead to rat-running. Mr Lopez detailed the works at the Cobbs Corner roundabout; Mr Bird admitted that these had 'caused some local excitement' but that 'roadworks were going on all the time in urban areas'. When pressed, Mr Bird stated that his figures were "very robust … there is not one shred of evidence of traffic growth, the evidence is the other way".
Stuart Sharp, from Lewisham's highways department, gave evidence for the Council, saying that the proposed pedestrian crossing at the junction with Worsley Bridge Road would only go ahead if traffic queues were not too long. TfL would 'not be happy' if they were! He defended the figures which showed a reduction in traffic in the area from 2003-05, saying that traffic would have been 'on the network' and picked up by the Council's 10 'screenline traffic counts', but did acknowledge that Transco gas mains work and the construction of the Cobbs Corner roundabout might have had some effect.
Witnesses against...
The Sydenham Society
With the help of a large map Pat Trembath demonstrated traffic flows, rat runs and bottlenecks. She spoke about the impact on small shops and quoted from High Street UK 2015, which notes that over the past five years 7,400 small shops have closed. She stated that there were other town centre sites in the borough which could be used for bulky goods retailing, if the developer was prepared to disaggregate (i.e. break up) some of its units, in line with government policy.
Jimmy Dickens challenged the forecast of 470 jobs on the site, stating that non-food retail warehousing is not labour intensive. He quoted figures from November 2005 which show that both the high street and the retail warehouse sector 'are experiencing increased vacancies, higher levels of business failure and slowing rental growth.
Alistair Bryan spoke on traffic, pollution and air quality, and said his experience in the field of contaminated land led him to believe that the site could be developed in other ways which would make better use of public transport and not cause an increase in pollution.
The architect John Hutchinson stated that parts of the site could be used for eco-friendly housing by using new building techniques. He said that the demand for housing in south-east London will only increase, particularly as the development proposed for the Thames corridor gets under way, and that housing at Bell Green could help to meet some of this demand.
Other local views...
Nick Bertrand, the ecologist, spoke passionately about the ecology of the site.
Professor Michael Craggs, from Perry Rise, said that he wished to see more employment opportunities for local people, affordable good housing and green spaces to soften the impact on existing communities. Noting that the current proposal for phase 3 incorporates "a relatively modest number of residential properties", he argued that the larger phase 2 site would be ideal for good quality housing within a green environment more fitting the need for family homes. Land reclamation science had now reached the level where precedents have been set for housing on previously contaminated gasworks sites.
Barbara Ellis, also of Perry Rise, spoke on the issue of traffic: "Perry Rise has become traffic-laden and difficult to cross safely … houses are showing signs of cracks due to the heavy vehicles now using the Rise".
Professor John Jarrett of Bishopsthorpe Road took issue with the traffic statistics: "One would have expected the consultants not only to give a range for their predictions but also to explain how the statistics were derived. That the largest increase is predicted for a Saturday is no consolation, for congestion in Sydenham Road from about 10am is as bad, or worse, than weekdays."
Dr H J Graver spoke up for pedestrians: "No one seems to dispute the fact that this development will increase the volume (albeit "modest"!) of traffic." With regard to the proposed pedestrian safety measures, she asked: "Is a pedestrian crossing near the bridge in Southend Lane to be provided only if the consequent traffic build-up did not reach a certain number? We are all pedestrians at some time, and 40% of Lewisham residents do not have access to private transport".
Geraldine Cox of the Kirkdale Bookshop and Sydenham Traders stated that since 1995 Sydenham Road has lost "two butchers, two bakers, a fishmonger, a bank, building societies, three solicitors, a dry cleaners, and a travel agent"; a Homebase would inflict damage on Sydenham's DIY shop, the curtain shop, carpet shops, two florists, the paint shop, the plumbers merchants and many more. "even the pound shops will be affected - you don't spend half an hour trying to get to Sydenham to buy some kitchen equipment or Christmas decorations when you can park easily at Bell Green".
Cllr John Getgood, representing Penge & Cator ward in Bromley, spoke about traffic: "TfL have identified Kent House Road as needing treatment for accident reduction - it defies logic to suggest that a road which has already been identified as having a high accident rate can safely accommodate the extra traffic this scheme would attract".
The Sydenham Society Closing Submissions
The Closing Submissions by Juan Lopez, barrister for the Sydenham Society at the recent Bell Green Public Inquiry, can be seen here.
Autumn 2006
Witnesses for...
Richard Jones from Planning Perspectives was the first witness for Castlemore, the developers. Cross-examined on the issue of 'trade draw' he stated that he did not think any shops would close - in his view, traders would adapt, possibly becoming more specialist, or providing 'a higher level of service'. According to him, figures show that the available amount of expenditure is ever increasing, and that there is room for both independent retailers and large multiples - the growth in retail expenditure is so significant that the system can cope. The issue of the establishment of 'need' was put to Mr Jones. He said that surveys show a high outflow of expenditure to neighbouring boroughs and that a retail park at Bell Green would reduce this outflow. Mr Lopez pointed out that planning policy does not take account of borough boundaries meaning that outflow is not relevant in addressing need. To which Mr Jones replied that "people are having to travel to shop; they could do this much more sustainably with our proposal; the quantitative tables demonstrate the need for additional floorspace within the borough".
The issue of the catchment area and the obligation on developers to consider town centre sites before out-of-centre ones was taken up by the Inspector. She noted that the applicant's retail studies were based within Lewisham only and said that in fact they should have also included district centres within Bromley. Mr Jones defended this, saying that "the quantum of floorspace we are looking for is generated by need within the borough". Undertaking to look at Beckenham, Penge, Anerley and Crystal Palace he said that, in his opinion,"there's such an amount of money sloshing around in these centres that it's of the same order of magnitude as the other centres".
David Bird, from the traffic consultants Savell, Bird and Axon was the main witness on the issue of traffic. Mr Lopez put it to Mr Bird that the phase 2 development would be a 'net attractor of traffic', and would lead to rat-running. Mr Lopez detailed the works at the Cobbs Corner roundabout; Mr Bird admitted that these had 'caused some local excitement' but that 'roadworks were going on all the time in urban areas'. When pressed, Mr Bird stated that his figures were "very robust … there is not one shred of evidence of traffic growth, the evidence is the other way".
Stuart Sharp, from Lewisham's highways department, gave evidence for the Council, saying that the proposed pedestrian crossing at the junction with Worsley Bridge Road would only go ahead if traffic queues were not too long. TfL would 'not be happy' if they were! He defended the figures which showed a reduction in traffic in the area from 2003-05, saying that traffic would have been 'on the network' and picked up by the Council's 10 'screenline traffic counts', but did acknowledge that Transco gas mains work and the construction of the Cobbs Corner roundabout might have had some effect.
Witnesses against...
The Sydenham Society
With the help of a large map Pat Trembath demonstrated traffic flows, rat runs and bottlenecks. She spoke about the impact on small shops and quoted from High Street UK 2015, which notes that over the past five years 7,400 small shops have closed. She stated that there were other town centre sites in the borough which could be used for bulky goods retailing, if the developer was prepared to disaggregate (i.e. break up) some of its units, in line with government policy.
Jimmy Dickens challenged the forecast of 470 jobs on the site, stating that non-food retail warehousing is not labour intensive. He quoted figures from November 2005 which show that both the high street and the retail warehouse sector 'are experiencing increased vacancies, higher levels of business failure and slowing rental growth.
Alistair Bryan spoke on traffic, pollution and air quality, and said his experience in the field of contaminated land led him to believe that the site could be developed in other ways which would make better use of public transport and not cause an increase in pollution.
The architect John Hutchinson stated that parts of the site could be used for eco-friendly housing by using new building techniques. He said that the demand for housing in south-east London will only increase, particularly as the development proposed for the Thames corridor gets under way, and that housing at Bell Green could help to meet some of this demand.
Other local views...
Nick Bertrand, the ecologist, spoke passionately about the ecology of the site.
Professor Michael Craggs, from Perry Rise, said that he wished to see more employment opportunities for local people, affordable good housing and green spaces to soften the impact on existing communities. Noting that the current proposal for phase 3 incorporates "a relatively modest number of residential properties", he argued that the larger phase 2 site would be ideal for good quality housing within a green environment more fitting the need for family homes. Land reclamation science had now reached the level where precedents have been set for housing on previously contaminated gasworks sites.
Barbara Ellis, also of Perry Rise, spoke on the issue of traffic: "Perry Rise has become traffic-laden and difficult to cross safely … houses are showing signs of cracks due to the heavy vehicles now using the Rise".
Professor John Jarrett of Bishopsthorpe Road took issue with the traffic statistics: "One would have expected the consultants not only to give a range for their predictions but also to explain how the statistics were derived. That the largest increase is predicted for a Saturday is no consolation, for congestion in Sydenham Road from about 10am is as bad, or worse, than weekdays."
Dr H J Graver spoke up for pedestrians: "No one seems to dispute the fact that this development will increase the volume (albeit "modest"!) of traffic." With regard to the proposed pedestrian safety measures, she asked: "Is a pedestrian crossing near the bridge in Southend Lane to be provided only if the consequent traffic build-up did not reach a certain number? We are all pedestrians at some time, and 40% of Lewisham residents do not have access to private transport".
Geraldine Cox of the Kirkdale Bookshop and Sydenham Traders stated that since 1995 Sydenham Road has lost "two butchers, two bakers, a fishmonger, a bank, building societies, three solicitors, a dry cleaners, and a travel agent"; a Homebase would inflict damage on Sydenham's DIY shop, the curtain shop, carpet shops, two florists, the paint shop, the plumbers merchants and many more. "even the pound shops will be affected - you don't spend half an hour trying to get to Sydenham to buy some kitchen equipment or Christmas decorations when you can park easily at Bell Green".
Cllr John Getgood, representing Penge & Cator ward in Bromley, spoke about traffic: "TfL have identified Kent House Road as needing treatment for accident reduction - it defies logic to suggest that a road which has already been identified as having a high accident rate can safely accommodate the extra traffic this scheme would attract".
The Sydenham Society Closing Submissions
The Closing Submissions by Juan Lopez, barrister for the Sydenham Society at the recent Bell Green Public Inquiry, can be seen here.
Autumn 2006
Bell Green Public Inquiry, June 2006
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