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Former Nicholls & Clarke Site, Shoreditch planning report PDU/2656 & 2656a/02 24 August 2011 Former Nicholls & Clarke site, Shoreditch in the London Borough of Tower Hamlets planning application no.PA/10/02764 & PA/10/02765 Strategic planning application stage II referral (new powers) Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008 The proposal A full planning application for the redevelopment of two adjacent sites for commercially-led mixed use purposes, comprising buildings between 4 and 8 storeys (plus plant), to provide B1 (Office); retail and restaurants and public house. The applicant The applicant is City of London Corporation, and the architects are Avanti Architects. Strategic issues Outstanding issues that were raised at Stage 1 in relation to transport and climate change mitigation & adaptation are now resolved satisfactorily. It is noted that the housing element of the application is removed in the amended scheme. The Council’s decision In this instance Tower Hamlets Council has resolved to grant permission but giving delegated authority for officers to refuse permission if the Section 106 agreement is not signed within a specified date. Recommendation That Tower Hamlets Council be advised that the Mayor is content for it to determine the case itself, subject to any action that the Secretary of State may take, and does not therefore wish to direct refusal or direct that he is to be the local planning authority. Context 1 On 30 December 2010 the Mayor of London received documents from Tower Hamlets Council notifying him of a planning application of potential strategic importance to develop the above site for the above uses. This was referred to the Mayor under Category 1C of the Schedule to the Order 2008 “Development which comprises or includes the erection of a building of one or more of the following descriptions…the building is more than 30 metres high and is outside the City of London”. page 1 2 On 8 February 2011 the Mayor considered planning report PDU/2656/01, and subsequently advised Tower Hamlets Council that the application did not comply with the London Plan, for the reasons set out in paragraph 75 of the above-mentioned report; but that the possible remedies set out in paragraph 76 of that report could address these deficiencies. 3 A copy of the above-mentioned report is attached. The essentials of the case with regard to the proposal, the site, case history, strategic planning issues and relevant policies and guidance are as set out therein, unless otherwise stated in this report. Since then, the application has been revised in response to the Mayor’s concerns (see below). On 4 August 2011 Tower Hamlets Council decided that it was minded to grant planning permission but giving delegated authority for officers to refuse permission if the Section 106 agreement is not signed within a specified date and on 12 August 2011 it advised the Mayor of this decision. Under the provisions of Article 5 of the Town & Country Planning (Mayor of London) Order 2008 the Mayor may allow the draft decision to proceed unchanged, direct Tower Hamlets Council under Article 6 to refuse the application or issue a direction to Tower Hamlets Council under Article 7 that he is to act as the Local Planning Authority for the purposes of determining the application and any connected application. The Mayor has until 25 August 2011 to notify the Council of his decision and to issue any direction. 4 Since this application was referred to the Mayor at Stage I, the Mayor’s London Plan 2011 has been formally published on 22 July 2011. As such, this is now the relevant document for the purposes of the Statutory Development Plan. 5 The decision on this case and the reasons will be made available on the GLA’s website www.london.gov.uk. Update 6 At Stage 1 consultation Tower Hamlets Council was advised that the application did not comply with the London Plan, for the reasons set out in paragraph 75 of the above-mentioned report; but that the possible remedies set out in paragraph 76 of that report could address these deficiencies: Climate change mitigation & adaptation: Provide an estimate of the overall carbon emissions savings, relative to a 2010 Building Regulations compliant development. Transport: Secure pedestrian and cycling environment, travel plan, delivery and servicing plan and construction logistics plan and a contribution towards Crossrail. 7 After Stage 1 consultation, the application was recommended for approval by Tower Hamlets officers on 12 May 2011, but the decision was deferred at committee on the following grounds: the proposed residential units above the existing public house were considered unacceptable at the location, the proposed development fails to provide sufficient regenerative benefits and does not make adequate provision for local employment, the application fails to provide sufficient archaeological information, the application fails to provide sufficient information relating to refuse storage and collection arrangements, the application fails to provide sufficient information relating to the proposed use, treatment and permeability of the proposed ‘Blossom Place’ open space, and page 2 the detailed design and treatment of the corner building between Norton Folgate and Folgate Street by reason of poor window fenestration would fail to respect the local street scene and in particular views from Norton Folgate north towards the entrance of the Elder Street Conservation Area. Changes to the application 8 Following the deferral of the decision by the Committee the applicant has sought to address the concerns raised by Council Members through the introduction of a number of amendments. The alterations can be summarised as follows: The omission of the eight residential units above the existing public house and the retention of the existing office use of these uppers floors, resulting in an overall increase to the total level of office floor space proposed by approximately 1,000sq.m. A re-design of the corner treatment between Norton Folgate and Folgate Street. An increase in the employment contribution from £108,840 to £227,094.84. An increase in the Crossrail contribution from £1,425,887 to £1,572,477 (£146,590 increase resulting from the omission of the residential units and the subsequent replacement with office floor space). A revised energy strategy. Comments on the revised scheme 9 Whilst as a general principle strategically important office development in the Central Activities Zone is expected to contain other uses including housing in this instance, given the amenity issues of locating residential above a public house, the non-provision of residential in this scheme is acceptable. 10 The design alterations associated with the removal of residential from the scheme are acceptable. 11 The provision of the increased employment contribution is welcomed. Climate change mitigation & adaptation 12 The applicant has now submitted a report that demonstrates the following points: The applicant has provided sufficient information to verify that the proposed energy efficiency measures exceed 2010 building regulations minimum requirements for each of the new build elements of the application. Investigations regarding existing heat networks in the area have concluded that no heat networks exist in the vicinity of the development to which the proposed scheme could be connected to. The applicant has now confirmed that all buildings will be served from a single energy centre providing heating and hot water to all elements of the development. An analysis of the roof space available, bearing in mind roof plant constraints and living roof areas, has now concluded that a total of 150 sq.m. of roof mounted photovoltaic panels could be installed. A reduction in regulated carbon dioxide emissions of 8 page 3 tonnes per annum (2%) will be achieved through this third element of the energy hierarchy. This is welcomed. The development will achieve a reduction of 24 tonnes of regulated carbon dioxide emissions per year compared to a 2010 Building Regulations. This is equivalent to an overall savings of 6.7% carbon dioxide emissions. 13 As a result, although the carbon savings achieved fall short of the carbon reduction targets set out in the policy 5.2 of the London Plan 2011, bearing in mind the technical constraints that exist, the proposals are acceptable. Transport 14 At Stage 1 consultation, TfL requested further information and discussion on a number of points, namely a financial contribution of £1,425,887 towards Crossrail, financial contribution towards the improvement of the local pedestrian and cycling environment and the need for a revised travel plan, a construction logistics plan and a delivery and servicing plan. It was also requested that London Underground infrastructure be protected by planning condition. 15 Revisions to the scheme resulted in an uplift in office floor space and consequently an increased contribution towards Crossrail of £1,572,477, in line with the Mayor’s Supplementary Planning Guidance (SPG) ‘Use of Planning Obligations in the funding of Crossrail’ (July 2010). 16 TfL welcomes that planning conditions are imposed in order to secure the production of a construction logistics plan and a delivery and servicing plan. In addition, the applicant is required to submit details of design and construction method statements, for approval to the local planning authority in consultation with TfL London Underground, to ensure the integrity of the Underground tunnels. 17 TfL welcomes the draft section 106 agreement which secures both the full Crossrail contribution of £1,572,477, which should be payable upon commencement of the development, and an obligation towards the preparation and implementation of a travel plan. TfL also welcomes the contribution of £300,000 towards public realm/street scene improvements on Shoreditch High Street. 18 In summary, TfL is now satisfied that the issues raised at Stage 1 consultation have been adequately dealt with and considers the development to be in accordance with the transport policies of the London Plan.
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