Work on the redevelopment of Leegate is being delayed while Galliard continues to negotiate with remaining tenants.
Jonathan Bloom, the Head of Public Affairs at Galliard, has told the Lee Manor Society: “We are currently dealing with issues around vacant possession and will have further information once these issues have been resolved.”
The Society understands that Galliard’s negotiations with Lewisham Council on its Section 106 agreements are now all complete, and they have full Planning Consent to get started. The first stage will be asbestos removal followed by demolition. We were originally told that would get underway early in the New Year, but that timescale has already slipped.
Artist’s impression of how the Galliard development will look.
The Section 106 agreement is the blueprint for what Galliard has to do to qualify for its planning consent from Lewisham Council for the redevelopment of Leegate. It covers a wide range of commitments which will be important for the local community.
The Lee Manor Society planning expert has been through the full document and produced a summary of the main points. This is the Leegate Centre Section 106 Agreement/Deed that has been entered into by the parties noted on page 1 (essentially the Council, the Developers and financiers).
1. To provide a minimum of 173 Affordable Housing Units in the Development, which minimum number shall be delivered in accordance with the unit size mix and tenure shown in the Table in Schedule 1 Part 1 para 2.
2. Not to carry out any Above Ground Works in respect of Block B or Block C until the Affordable Housing Scheme for the relevant Block has been submitted and approved in writing by the Council.
SCHEDULE 1 – AFFORDABLE HOUSING – PART 2
3. The London Affordable Rented Housing Units to be provided in Block B (if any) and Block C (if any) shall be provided in accordance with the Affordable Housing Scheme for Block B and Block C respectively and shall be subject to rents as set out in Schedule 1 Part 2 para 11.
4. The Shared Ownership Housing Units to be provided in Block B (if any) and Block C (if any) shall be provided in accordance with the Affordable Housing Scheme for Block B and Block C respectively.
SCHEDULE 3 – WHEELCHAIR HOUSING
5. The Owner shall Complete the Wheelchair Housing Units by no later than the date of Completion of the non-Wheelchair Housing Units within the Block within which the Wheelchair Housing Units are to be provided.
6. The Owner shall construct and fit out 10% of the London Affordable Rented Housing Units as Wheelchair Housing Units (‘Affordable Rent Wheelchair Units’).
7. The Owner shall construct 10% of the Shared Ownership Units as Wheelchair Housing Units (‘Shared Ownership Wheelchair Units’).
8. The Owner shall construct 10% of the Market Dwellings as Wheelchair Housing Units (‘Market Dwelling Wheelchair Units’).
SCHEDULE 4 –FINANCIAL CONTRIBUTIONS
9. The Owner shall pay to the Council the legal costs included in the preparation and completion of the Deed that forms the Section 106 Agreement.
10. The Owner shall pay a Monitoring Contribution (£39,853) to the Council solely towards the reasonable costs, fees and expenses incurred in connection with the administration, monitoring and discharge of the obligations in the Deed that forms the Section 106 Agreement.
11. The Owner shall pay the Air Quality Management Contribution (£50,000) to the Council prior to Commencement of the Development.
12. The Owner shall pay the First Carbon Off-Set Contribution (£100,000) to the Council prior to Commencement of the Development.
13. The Owner shall pay the Second Carbon Off-Set Contribution (50,000) to the Council prior to the date of the first Occupation of Phase 1 of the Development.
14. The Owner shall pay the Third Carbon Off-Set Contribution (£50,085.60) to the Council prior to the date of the first Occupation of Phase 2 of the Development.
15. The Owner shall pay the CPZ Contribution (£30,000) to the Council prior to Commencement of the Development to be applied by the Council for CPZ Review and Implementation.
16. The Owner shall pay the Legible London Contribution (£13,000) to the Council prior to carrying out any of the Above Ground Works.
17. The Owner shall pay the Phase 1 Local Labour and Business Contribution (£201,400) to the Council prior to Commencement of the Development in Phase 1.
18. The Owner shall pay the Phase 2 Local Labour and Business Contribution (£201,400) to the Council prior to Commencement of the Development in Phase 2.
19. The Owner shall pay the Off-Site Play Space Contribution (£183,000) to the Council prior to Commencement of the Development to be paid to the Council to be used towards off-site play facilities for 12-17 year olds in the vicinity of the Development which may include but is not limited to Edith Nesbitt Pleasure Ground and Manor House Gardens.
20. The Owner shall pay to each of the Existing Traders the Relocation Contribution (£5,000 per Existing Trader) no later than 20 Working Days prior to the relevant relocation taking place.
21. The Owner shall pay to the Council the Reduction in Commercial Floorspace Contribution (£230,661) prior to the Development in Phase 1 and Phase 2.
SCHEDULE 5 – HIGHWAYS AND TRANSPORTATION
22. The Owner shall prior to Commencement of the Development submit the Highways Phasing Plan to the Council for its written approval and shall not Commence Development unless and until the Highways Phasing Plan has been approved and has entered into the Highways Agreement. (Highways Works are set out in Annex A to Schedule 5 although it is incorrectly titled Annex to Schedule 6).
23. No later than 2 months following Commencement of the Development, the Owner shall submit the Car Club Strategy to the Council for approval and shall not carry out any works beyond Above Ground Works in the Development unless and until the Car Club Strategy has been approved in writing by the Council. (Car Club membership to be offered by the Car Club Operator to Occupiers free for the first 3 years from Occupation provided that at least one member of the household Occupying a Dwelling is eligible for membership under the rules of the Car Club). Continuation of membership after 3 years shall be at the Occupiers expense.
24. The Owner covenants with the Council not to apply for a Parking Permit in respect of any Controlled Parking Zone in connection with the Occupation of the Land or any Dwelling nor knowingly permit any owner or occupier of a Residential Unit to apply for a Parking Permit. The Owner shall inform each new owner or occupier of a Residential Unit (save in respect of a holder of a disabled person’s badge or one who subsequently becomes a holder) that they shall not be eligible to be granted a Parking Permit. These obligations shall apply to all future owner or occupiers of any Residential Unit.
SCHEDULE 6 – LOCAL LABOUR AND BUSINESS
25. The Owner shall fully participate in the Local Labour and Business Scheme and shall use Reasonable Endeavours to achieve a target of 30% Local People and Local Businesses as employees, suppliers and sub-contractors for and during the demolition and construction of the Development.
26. The Owner shall submit the Coaching and Enterprise Scheme to the Council at lease 3 months prior to Commencement of the Development, which shall provide for 4 hours of business support to Existing Traders.
27. No later than 6 months prior to Completion of the relevant Phase the Owner shall, in relation to each Existing Trader, ascertain whether such Trader intends to return to a Commercial Unit in the Development such that an approved Commercial Relocation Strategy may be reasonably deployed to assist such return. The Commercial Relocation Strategy shall include initiatives to Existing Traders generally based on those set out in the ‘Fourth Street Commercial Strategy’ dated May 2022 which accompanied the Planning Application.
28. Annex to Schedule 6 – Highways Works (contained at end of document – pages 94-95): contains the statement ‘The removal of TfL trees’ which is stated as meaning ‘the four trees located on land owned by Transport for London as shown on Plan 9 in Appendix 2’. However, I have been unable to locate these trees on the Plan indicated.
SCHEDULE 7 – COMMERCIAL UNITS
29. The Owner shall construct and Complete the Commercial Units in a Block to Shell and Core, prior to Occupation of any Dwellings in that relevant Block.
30. The Owner shall not Occupy the Commercial Units in a Block or any part thereof until the Commercial Units Marketing Strategy for the relevant Block has been approved in writing by the Council.
SCHEDULE 8 – COMMUNITY CENTRE
31. The Owner shall construct and Complete the Community Centre to Shell and Core prior to the Occupation of any Dwellings in the Phase that the Community Centre is to be located.
SCHEDULE 9 – PUBLIC REALM & COMMUNAL RESIDENTIAL AMENITY SPACE
32. The Owner shall prior to Above Ground Works in Phase 1 submit the Phase 1 Public Realm Phasing and Delivery Strategy to the Council for written approval and will not occupy any Block until the Phase 1 works is open for use by the public and a Public Realm Management Plan in respect of the Phase 1 Public Realm works has been submitted to and approved in writing by the Council.
33. The Owner shall prior to Above Ground Works in Phase 2 submit the Phase 2 Public Realm Phasing and Delivery Strategy to the Council for written approval and will not occupy the relevant Block until the Phase 2 works is open for use by the public and a Public Realm Management Plan in respect of the Phase 2 Public Realm works has been submitted to and approved in writing by the Council.
34. As from the date of Completion of the Public Realm the Owner shall permit the general public to have continuous access on foot and pedal cycles to and from and over such Public Realm subject to any Permitted Closures, any lawful requirements of the police or any other competent authority, and such public access shall be available free of charge at all times save for Permitted Closures.
35. Phase 1 – the Owner shall prior to carrying out any Above Ground Works in Phase 1, submit the Phase 1 Communal Residential Amenity Space Details and the Phase 1 Communal Residential Amenity Space Phasing and Delivery Strategy to the Council for approval. Prior to the opening of any Communal Residential Amenity Space in Phase 1 a Communal Residential Amenity Space Management Plan must be submitted to and approved in writing by the Council.
36. Phase 2 – the Owner shall prior to carrying out any Above Ground Works in Phase 2, submit the Phase 2 Communal Residential Amenity Space Details and the Phase 2 Communal Residential Amenity Space Phasing and Delivery Strategy to the Council for approval. Prior to the opening of any Communal Residential Amenity Space in Phase 2 a Communal Residential Amenity Space Management Plan must be submitted to and approved in writing by the Council.
SCHEDULE 10 – HEALTH FACILITY (Approx 800m2)
37. The Owner covenants from the date on which Planning Permission is free of Challenge and Finally Determined and for a period of no less than 12 calendar months to market the Health Facility Floorspace for use as a Health Facility by a Health Provider.
38. The Owner shall not Occupy the Phase in which the Health Facility Floorspace is located until it has constructed the Health Facility to Shell and Core standard.
39. The Owner shall not Occupy any of the Dwellings in Block A until the Owner and the Health Facility Provider (an NHS body) have entered into the Health Facility Lease.
SCHEDULE 11 – ADDITIONAL OBLIGATIONS
40. Prior to Occupation of the Development the Owner shall provide updated accurate and verified ‘as-built’ design estimates of the ‘Be Seen’ energy performance indicators for each Reportable Unit of the Development.
41. Upon Completion of the first year of Occupation of the Development of following the end of the Defects Liability Period (whichever is the later) and at least for the following four years after that date, the Owner is required to provide accurate and verified annual in-use energy performance data for all relevant indicators under each Reportable Unit of the Development.
42. Any under performance shall be investigated by the Owner and potential mitigation measures approved in writing by the GLA be identified and implemented as soon as reasonably practicable.
43. The Owner shall use reasonable endeavours to secure the retention of Rolfe Judd (architects) on an overseeing/ executive role throughout the discharge of the Conditions and until the Completion of the Development.
44. The Owner must provide the Public House as part of the Development and ensure it is retained as a Public House for the lifetime of the Development unless otherwise agreed in writing by the Council.
45. The Owner shall not Occupy any Phase which contains Public Realm until it has submitted to the Council for its written approval a Phase Specific CCTV Scheme for that Phase and until the CCTV for that Phase has been installed at the sole cost of the Owner in accordance with the relevant approved scheme and is operational and to maintain all installed CCTV cameras for the lifetime of the Development.
SCHEDULE 12 – COUNCIL’S OBLIGATIONS
46. Not to use any Financial Contributions other than for the purpose for which they are paid by the Owner and to repay (together with any accrued interest) any Contribution (or part thereof) not committed for spend or spent within 10 years of receipt by the Council.
The redevelopment of Leegate by Galliard Homes is being held up by continuing wrangling with Lewisham Council over some final details.
A meeting of the Lee Green Assembly on October 7th was told by a Galliard representative, Jonathan Bloom, that although they have received Planning Committee approval for the scheme, they do not have full planning consent because they are still negotiating with Lewisham on the Section 106 aspect of the development.
“Section 106 is the legal contract between us and the local authority in terms of what we’re looking to deliver, in terms of agreement on local labour, affordable housing, commercial splits, how the road management will work, if there are contributions that need to be made,” said Mr. Bloom.
“So, it’s about us having to give back because we’re adding education and healthcare provision contributions. So, it is a very complex document, and they are getting more and more and more complex, particularly in London, so we are still looking to get that signed.”
Jonathan Bloom of Galliard, right, at the Lee Green Assembly meeting.
Mr. Bloom said the original plan was for the Section 106 agreement to be signed three months after the Planning Committee gave approval, but was delayed because of pressure of work at Lewisham Council. He added that although they hoped to stick to their original timelines, until the Section 106 agreement was signed demolition work could not start. In fact, he didn’t think Galliard had even tendered for the demolition work or the removal of asbestos from the site yet.
Mr. Bloom agreed that there were disputes with Lewisham Council about some aspects of the Section 106 agreement but refused to say what they are.
Cllr James Rathbone added “A Section 106 agreement is not something which is subject to consultation or community input or the community would like this particular clause. It’s simply not how a contract can be negotiated in any form.”
Mr. Bloom confirmed that Galliard would be making contributions towards extra costs of healthcare and education which result from the development.
“Once we have that signed, we then get full planning consent. We are working, though, on the timelines that we originally gave in the update to get vacant possession over October, so that when we have the section 106 signed and consent given, we can then look to progress with demolition and build up the site.”
Mr. Bloom told a questioner that the amount of parking in the development would be dictated by City Hall. “I can’t remember the exact number off-hand, but we have to work with the London plan and what’s set by the London mayor, and obviously they are pushing for zero car parking developments.”
Although many Leegate tenants have now left Mr. Bloom said a few remained. “We’ve still got a few that we’re working with due to the nature of leases, and we’ve got one or two private residents still.”
Mr. Bloom made clear that Galliard has still not agreed its traffic management plan for the development. It will be the subject of a four-way agreement with Lewisham and Greenwich Councils, Transport for London, and Galliard.
” We have a number of conditions that we will have to meet, and before we can even start on site, one of those conditions will be a traffic management plan that we will agree with the local authority to ensure that we can ease as much concern and congestion as possible. Obviously, it is a big site, but we’re not constantly bringing in equipment. It’s staged and phased over time.”
He added: “I’m not sure the exact rules. Every local authority has different rules. And obviously you’ve got residents you’ve got to think about so you can’t go too late at night. So, the aim is always to avoid the busiest times of day as part, as part of that. But what we do once we start construction, we send out quarterly newsletters where we’ll keep the local community updated on what phases have been completed and what phases are coming forward to give advance warning.”
Mr. Bloom went on to say “I understand the people want detail, and it’s been going on a long time but it is incredibly complex site, and the 106 is a huge, meaty lump of a document that has been negotiated with lawyers. The parking is what the committee have approved. Nothing has changed, the units, the development is as is, exactly nothing changes. In that sense, the 106 is more the technical stuff that helps you deliver what has been agreed by the planning committees, what the application that was submitted, that was signed up by the local authority, by the planning committee, that is what will be delivered. The 106 is about how we deliver it and the impact it’s going to have, so that you can ensure that the local community is getting back what they deserve.”
Charles Batchelor of the Lee Manor Society writes: We fought the original St Modwen Leegate plans for over ten years because it included a large supermarket with rooftop parking for 300 cars (likely to cause traffic chaos and vastly increased pollution locally) and a ‘square’ that consisted of a wide stretch of pavement alongside the Burnt Ash Road bus stop. Lewisham’s planners were quite happy with this monstrosity but the changing retail market and Asda’s withdrawal from the scheme killed it off. St Modwen’s second proposal gave us a much smaller ‘walk to’ food store, minimal parking and a proper square in the centre of the plot. For internal commercial reasons St Modwen then sold on to Galliard. They have kept the internal square (good) but added more apartments and increased the height and mass of the scheme (bad). The original St Modwen plan was not a good one and local community opposition (not just us) was only one element in the delays. I’m proud of the stance we took but our powers are limited in the face of a council with a single-minded pursuit of housing numbers and little understanding of the character of their own borough.