Planning Case Study 156

Marshall Street Baths, Westminster

2007-2014

Planning scenario(s)

5 - Pre-determination assessment/evaluation not undertaken; heritage assets identified during development - The absence of pre-determination assessment/evaluation on all or part of the development site (e.g. because of difficulties with access, refusal to evaluate) led to the unexpected discovery of archaeology during development that caused problems, such as delays to the development programme and/or the need for additional resources.
9 - Development commenced before required archaeological mitigation had been completed - The commencement of development (with or without a pre-commencement condition) before the completion of archaeological mitigation fieldwork caused problems e.g. Health and Safety; conservation of archaeology; additional resources required, including for agreeing and implementing complex method statements
11 - Enforcement (formal or informal) of an archaeological planning condition enabled the specified works to be completed - The presence of a 'live' and undischarged planning condition after completion of a development was considered to be important and beneficial in helping to secure adequate resources for post-excavation.

Heritage assets affected

Undesignated heritage assets with archaeological and historic interest

Type of application & broad category

Major, residential, leisure and commercial

Local planning authority

Authority: City of Westminster
References: 07/03088/FULL

Development proposal

Alterations to Leisure Centre, including partial demolition and extensions to provide enhanced leisure facilities, a new council depot, commercial offices and 52 residential units.

Archaeological information known about the site before the planning application was made, or before the development commenced, as appropriate

Burial grounds were known in the immediate vicinity but it was not clear if the development site itself lay on one.

Archaeological/planning processes

A planning application was determined in 2007 with a desk-based assessment. The assessment identified that the development site might include part of a post-medieval burial ground but concluded that, because of previous extensive disturbance to the site, it was unlikely that the proposed development would have a significant impact on archaeological remains.

The archaeological adviser to the LPA drew attention to the presence of a burial ground of uncertain extent to the rear of the site and sought further information. Planning permission was granted with a planning condition requiring a programme of archaeological work.

Post-permission evaluation identified stacked post-medieval coffined burials. The subsequent investigation was a watching brief conducted in very difficult circumstances during the excavations for pile caps and other groundworks. 2553 inhumations of 16th to 18th century date were excavated.

The applicant subsequently sought to avoid post-excavation commitments beyond the post-excavation assessment stage until Westminster City Council wrote to them indicating that they would commence enforcement action if the work was not commissioned. This resolved the situation and post- excavation is now well advanced.

Outcomes: archaeological

A report in now preparation by MoLA (see below)

Other outcomes/outputs e.g. other public benefit such as public engagement, research and new/changed work practices

The Marshall Street burial ground has group value as the immediate precursor burial ground to St James Gardens, Euston, currently being excavated in advance of the construction of HS2.

References and links/bibliography

  • Waterman CPM Ltd 2007, Marshall Street Regeneration, Archaeological and Heritage Report. Unpublished report.
  • MoLA 2009, Marshall Street Baths and Dufours Place Cleansing Depot London W1, Post-excavation assessment and updated project design. Unpublished report.
  • Parishioner and pauper burials from St James, Westminster (1695–1790); excavations at Marshall Street, London W1, 2008–9, Michael Henderson and Adrian Miles, MoLA monograph series, forthcoming. Unpublished report.