planning report D&P/3469/02 1 September 2015 6-8 Bishopsgate/150 Leadenhall Street in the City of London planning application no.15/00443/FULMAJ Strategic planning application stage II referral Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008 The proposal The demolition of existing buildings and redevelopment of the site to provide a new building comprising lower ground and basement levels (including part basement mezzanine), ground and mezzanine levels plus part 8, part 20 and part 40 storeys (plus plant) to a height of 185.1 metres AOD.The development will provide office (Class B1) use (70,053 sq.m. GEA), flexible shop/cafe and restaurant (Class A1/ A3) uses (418 sq.m. GEA) at part ground floor and mezzanine levels and flexible shop/cafe/restaurant/office (A1/ A3/B1) uses (235 sq.m. GEA) at part of the ground floor and mezzanine levels; and a publicly accessible roof top pavilion at level 40 (sui generis) (795 sq.m. GEA) at level 40; and the provision of hard and soft landscaping (totalling 71,501 sq.m. GEA). The applicant The applicant is MEC London Property (General Partner)/MEC London Property/ MEC London Property 2, and the agent is Gerald Eve and the Architect is Wilkinson Eyre. Strategic issues Issues have been resolved in relation to securing off-site affordable housing, access, energy, and transport. The Council’s decision In this instance City Corporation has resolved to agree a dual recommendation resolving 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 City Corporation 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. 6-8 Bishopsgate/ 150 Leadenhall Street page 1 Context 1 On 15 May 2015 the Mayor of London received documents from the City Corporation 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: (b) the building is more than 150 metres high and is in the City of London.” 2 On 24 June 2015 the Mayor considered planning report D&P/3469, and subsequently advised City Corporation the application did not comply with the London Plan, for the reasons set out in paragraph 83 of the above-mentioned report; but the possible remedies set out in that paragraph 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 12 August 2015 City Corporation agreed a dual recommendation resolving to grant permission but giving delegated authority for officers to refuse permission if the Section 106 agreement is not signed, and on 19 August 2015 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 the City Corporation under Article 6 to refuse the application or issue a direction to the City Corporation 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 1 September 2015 to notify the Council of his decision and to issue any direction. 4 The environmental information for the purposes of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 has been taken into account in the consideration of this case. 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 the consultation stage the City Corporation was advised that the application did not comply with the London Plan, for the reasons set out in paragraph 83 of the above-mentioned report; but the possible remedies set out in that paragraph could address these deficiencies: Mixed use/affordable housing: The applicant has made a commitment to provide off- site affordable housing through a payment in lieu to ensure housing mix requirement has been met as required London Plan policy 4.3 mixed use development. But before stage 2 referral further details should be provided on the commuted sum towards affordable housing and this financial commitment should be secured in City Corporation’s s106 Heads of Terms. Access: The applicant should confirm whether disabled persons parking bays incorporate a 2.6 metre vertical clearance both in the access route to it and for the area taken up by the parking bay as this allows free range of movement for wheelchair users accessing a modified car. It should also ensure the public realm seating should include seating with backrests. 6-8 Bishopsgate/ 150 Leadenhall Street page 2 Sustainable energy: The energy assessment submitted at stage I claims an overall 30% carbon dioxide saving. Whilst it is accepted that there is little further potential for carbon dioxide reductions onsite, in liaison with City Corporation the developer should ensure the short-fall in carbon dioxide reductions is met off-site. The applicant should also respond in full to the request for additional verification information. Details of the carbon dioxide off- set and verification information should be provided before stage 2 referral. Flood risk/ surface water run-off: The applicant should re-consider the approach to rainwater management for the proposals as the current approach does not comply with London Plan Sustainable Drainage policy 5.13. Transport: TFL require further clarification on trip generation and transport capacity and require further discussion on cycle access, Bishopsgate junction modifications, public realm proposals, cycle higher provision and delivery service plan. Affordable housing 7 Details have been provided of the affordable housing commuted sum towards and this financial commitment has been secured by a financial obligation within s106 Heads of Terms. Access 8 Since stage 2 the applicant has confirmed that parking bays will incorporate 2.6 metre vertical clearance and that the public realm and related street furniture will be inclusively designed including seating with backrests. This aspect of the application is therefore compliant with the London Plan. Sustainable energy 9 At stage 1 it was accepted that there was little further potential for carbon dioxide reductions onsite. The applicant has since been in liaison with City Corporation and agreed the short-fall in carbon dioxide reduction can be met off-site. The contribution will be secured through the section 106 agreement at an initial cost of £60 per tonne of carbon to be offset calculated over a 30 year period. The applicant has also provided all the requested verification information and this aspect of the application is therefore compliant with the London Plan. Flood risk 10 The applicant has responded to the Stage 1 report stating that sustainable drainage options are limited on this site. A rainwater harvesting system is proposed, and consideration will be given to other methods of surface water management. 11 A planning condition requiring a detailed drainage design to be approved by the Lead Local Planning Authority with the aim of minimising surface water discharge, would enable the concerns to be overcome at this stage. Transport 12 At Stage 1, TfL’s main concerns related to the impact of the proposed removal of the left turn slip from Bishopsgate into Leadenhall Street and the subsequent landscaping of this corner. The applicant has provided further information on the proposals, and although TfL may request some minor alterations to kerb lines at the detailed design stage to make the left turn easier for buses, the proposals are accepted in principle and have been secured through a requirement to enter into a Section 278 agreement. 6-8 Bishopsgate/ 150 Leadenhall Street page 3 13 In order for the works to proceed however changes to the highway boundary will need to be agreed with some private land needing to be adopted as highway and other areas transferring from the City of London’s highway to TfL. Agreement will also need to be reached on the choice of materials and detailed design of this area. In addition, although the relocation of the existing bus shelter adjacent to the site on Bishopsgate has been agreed, no agreement has yet been reached on the relocation of the bus stop. It is however accepted that these issues can be addressed through the Section 278 process. 14 Further discussions have also taken place with regard to the potential for overcrowding at the pedestrian crossing over Gracechurch Street to the south of the site. Both TfL and the City of London expect options to address this to be explored through the Section 278 process, which could potentially be through widening of the crossing. 15 The applicant has provided further information on trip generation and servicing to address the concerns raised by TfL at Stage 1 and this is welcomed. A Delivery and Servicing Plan and Construction Logistics Plan have been secured by condition and TfL would encourage the applicants to work with neighbouring developers to secure consolidated deliveries to the site and co-ordination during construction.