planning report D&P/3804/01 1 September 2016 Fitzpatrick Building, 188-194 York Way in the London Borough of Islington planning application no. P2016/1999/FUL

Strategic planning application stage 1 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 Demolition of existing office building and redevelopment to provide ground floor plus part 5/part 15 storey office building, including basement, ancillary ground floor cafe, 6th floor level terrace podium and roof plant room, cycle parking, plant/storage, landscaping and all other necessary works associated with the development. The applicant The applicant is Deepdale Investment Holdings, and the architect is Tibbalds Planning and Urban Design.

Strategic issues summary: Land use: redevelopment of site for increased employment floorspace, and the proposed provision of affordable workspace, is supported. (paras. 14-20) Design: Height and architectural approach supported. (paras 21-24). Climate change: Shortfall in carbon reduction target should be met off-site (paras 26-34). Transport: improvements to public realm and cycle parking should be considered; contributions to bus stop and cycle hire required; conditions and section 106 obligations required (paras 37-45).

Recommendation That Islington Council be advised that whilst the application is generally acceptable in strategic planning terms it does not fully comply with the London Plan for the reasons set out in paragraph 50 of this report. Possible remedies are set out in that paragraph to ensure full compliance with the London Plan.

page 1 Context

1 On 4 July 2016 the Mayor of London received documents from Hounslow Council notifying him of a planning application of potential strategic importance to develop the above site for the above uses. Under the provisions of The Town & Country Planning (Mayor of London) Order 2008 the Mayor has until 12 August 2016 to provide the Council with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. The Mayor may also provide other comments. This report sets out information for the Mayor’s use in deciding what decision to make.

2 The application is referable under Category 1C of the Mayor of London Order 2008:

 1C “Development which comprises or includes the erection of a building (c) more than 30 metres high and is outside the City of London.”

3 Once Islington Council has resolved to determine the application, it is required to refer it back to the Mayor for his decision as to whether to direct refusal; take it over for his own determination; or allow the Council to determine it itself.

4 The Mayor of London’s statement on this case will be made available on the GLA website www.london.gov.uk. Site description

5 The site is located to the north of King’s Cross and St. Pancras station in the London Borough of Islington. The site is approximately 0.1 hectares and is bound by Vale Royal to the north and York Way to the west. A four storey building containing commercial and residential accommodation, and a data storage facility, are located to the south. To the east is a modern 5 storey office building. York Way forms the borough border with the London Borough of Camden. On the opposite side of York Way just over the borough boundary a 20 storey residential building has recently been constructed.

6 The proposed development site currently comprises a six-storey office building. The existing building contains 3,029sq.m. of gross internal floorspace and 14 on-site parking spaces. The site has direct frontage onto York Way and Vale Royal which form part of the local road network.

7 The site is within Islington Council’s Kings Cross and Pentonville Road Locally Significant Industrial Site and just within the local view from Dartmouth Park Hill.

8 The nearest part of the Transport for London Road Network (TLRN) is approximately 800 metres away (Camden Road) and the nearest part of the Strategic Road Network (SRN) is approximately 500 metres away (Caledonian Road). Three bus routes stop nearby. Caledonian Road and Barnsbury station (London Overground) station is 1 kilometre distant. Measured on a scale of 1a – 6b the site has a PTAL rating of 2 which is considered poor.

Details of the proposal

9 The applicant proposes to demolish the existing office building and redevelop the site to facilitate commercial development. The scheme proposes to deliver a part 5 storey and part 15 storey office building which will include affordable office space for small to medium enterprises. The applicant is proposing a total of 8,637sq.m. of gross internal area, with

page 2 7,038sq.m. being designated for office uses. A cafe is proposed on the ground floor to be combined with the reception space for the office accommodation. Case history

10 In November 2015 a pre-application meeting was held with GLA officers (ref: D&P/3804) and a report was issued on 24 November 2016. At that time, a scheme involving a part 7, part 19 storey building was presented to officers. The applicant was advised that the principle of redevelopment for office use at this site is supported in strategic planning terms. The design approach for the new building was also broadly supported. Strategic planning issues and relevant policies and guidance

11 The relevant issues and corresponding policies are as follows:

 Economic development London Plan; the Mayor’s Economic Development Strategy; Employment Action Plan  Urban design London Plan; Shaping Neighbourhoods: Character and Context,  Transport London Plan; the Mayor’s Transport Strategy  Retail/town centre uses London Plan; Town Centres SPG  Employment London Plan; Land for Industry and Transport SPG  Inclusive Access London Plan; Accessible London: achieving an inclusive environment SPG; Planning and Access for Disabled People: a good practice guide (ODPM)  Sustainable development London Plan; Sustainable Design and Construction SPG; Mayor’s Climate Change Adaptation Strategy; Mayor’s Climate Change Mitigation and Energy Strategy; Mayor’s Water Strategy

12 For the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the development plan in force for the area is the Islington Core Strategy (2011) and the 2016 London Plan (Consolidated with Alterations since 2011).

13 The following are also relevant material considerations:

 The National Planning Policy Framework, Technical Guide to the National Planning Policy Framework and National Planning Practice Guidance;  Islington Development Management Policies DPD (2013); and,  Islington Site Allocations Development Plan (2013). Principle of development

14 The site is located in a regeneration area, as defined in London Plan Policy 2.14 ‘Areas for Regeneration’, which provides strategic support for regeneration, including employment, housing and environmental improvements.

15 The proposed development site is identified in Islington Council’s Core Strategy (2011) as part of the Kings Cross and Pentonville Road Key Area. This key area has been identified as an appropriate location for an expansion of business floorspace. The Kings Cross and Pentonville

page 3 Road Key Area is expected to accommodate an estimated growth in jobs of approximately 3,200 of B-use floorspace. The Council’s Core Strategy also states that accommodation for Small/Medium Enterprises (SMEs) will be supported and accommodation for small enterprises will be particularly encouraged.

16 Having regard to the policy direction set out in Islington’s Core Strategy and Development Management Policies DPD, and London Plan policy on regeneration areas, the proposed redevelopment of the Fitzpatrick Building for an increase in employment floorspace is supported in principle. Employment

17 London Plan Policy 4.1 ‘Developing London’s Economy’ provides strategic support for the provision of employment floorspace and London Plan Policy 4.2 ‘Offices’ supports the redevelopment of office stock to improve London’s competiveness.

18 London Plan Policy 4.4 ‘Managing Industrial Land and Premises’ seeks a robust approach to industrial land management to ensure a sufficient stock of land and premises to meet future need, whilst also recognising that it may be appropriate to allow for a managed release of existing land in some circumstances, so as to contribute to strategic and local planning objectives. Islington is identified in the London Plan as being in the restricted transfer category of industrial land to other uses. The Fitzpatrick Building is also identified in the Islington Core Strategy and Development Management Policies DPD (2013) as part of the Vale Royal/Brewery Road Locally Significant Industrial Site. This area is to be retained as the only locally significant concentration of industrial/warehousing/employment land in the borough. Notwithstanding this, the existing building is currently used as office premises. Due to the current uses there will be no loss of existing industrial premises. Therefore, the provision of employment floorspace within the locally significant industrial area is supported in principle.

19 The existing building provides approximately 3,029sq.m. of office floorspace, and the proposal would result in an uplift in office accommodation of approximately 4,000sq.m. The proposal includes the reprovision of private office accommodation, as well as providing affordable office space. It is proposed that 723sq.m. (9.3%) of the floorspace would be reserved as affordable workspace. This is notably above Islington Council’s local policy requirement of at least 5% of floorspace to be affordable in schemes with more than 10,000sq.m. of new offices. In accordance with Islington Council’s policies, the applicant agrees to lease this space at a peppercorn rent for at least 10 years to a Council-approved Workspace Provider. The provision of affordable workspace is welcomed and the Council should secure this space, plus suitable terms for its long-term management, within the S106 agreement.

20 The rest of the office floorspace has been designed to be flexible, aimed at companies requiring smaller self-contained office space. The proposed development would help support the emergence of a new cluster of employment opportunities in this part of King’s Cross, and would be particularly suitable for SMEs. The principle of the development is thus supported. Urban design

21 The proposal involves a building of up to 15 storeys, with the tallest element located on the corner of York Way and Vale Royal. Whilst the area predominantly consists of buildings of 2-6 storeys, a 20-storey residential building (a similar height to the office tower currently proposed) is being constructed opposite the site on York Way, in the borough of Camden. Within the emerging context of change in this regeneration area, the height of the building is acceptable.

page 4 22 The residential building opposite is substantially complete although not yet occupied. The impact of the current proposals on this building should be considered, as the outlook from the new residential properties would be curtailed. Officers accept that the distance between the two blocks would preserve reasonable living conditions in terms of privacy and daylight and sunlight. However Islington Council should confirm they have consulted the neighbouring developer on the current proposals and assessed the amenity impacts.

23 In terms of the ground floor and the building’s interaction with the public realm, the proposal includes a cafe space and reception on the York Way/Vale Royal frontages, and two small commercial units (aimed at start-up businesses) positioned further along Vale Royal. The inclusion of this continuous active frontage with minimal servicing entrances would help to enliven the public realm and is strongly welcomed. The building line of the development would be set back from its current line in the north-west corner, widening the pavement on York Way. This would help improve the sense of space between the residential tower opposite and will improve pedestrian amenity on the footpath. As mentioned in the transport section below, the footpath is currently narrow and any opportunity to set back the building further to increase this width should be explored. The opportunity should also be taken to resurface and improve the footway as part of the development and this should be discussed further with the Council who would carry out the works to the public highway.

24 The frontages facing the public realm would appear to be high quality from the presentation material in the application. A double height glass-clad entrance would front on to York Way, giving the building legibility and presence. The façade treatment for the upper floors has been inspired by its local context of railway tracks and freight containers, and proposes elements of corrugated metal cladding over glass curtain walling, with horizontal steel “tracks” defining each floorplate and timber vertical fins in between. The building has the potential to be distinctive and high quality in appearance, provided that materials and detailing are robustly secured, which the Council should control via condition. Inclusive access

25 The applicant’s design and access statement addresses key points regarding inclusive access for the development. There would be step free access into the building and to all floors, and all lifts would be wheelchair accessible. Accessible WCs would be provided on each floor. Based on the submitted information the proposals provide the key features for compliant and convenient access and are therefore capable of achieving the high standards for inclusive access to meet the needs of the public and commercial office tenants in accordance with London Plan Policies 4.12 and 7.2. A detailed access statement, which should include full details of external and internal accessible features of the building including finishes, fixtures and fittings as well as any constraints to providing full accessibility, should be secured by condition.

Climate change

Energy efficiency standards

26 A range of passive design features and demand reduction measures are proposed to reduce the carbon emissions of the proposed development. Both air permeability and heat loss parameters will be improved beyond the minimum backstop values required by building regulations. Other features include low energy lighting and demand-led controls.

page 5 27 The demand for cooling will be minimised through the incorporation of green roofs, exposed concrete soffit ceiling acting as thermal mass, solar control windows on the south and western elevations, carefully designed external shading and minimisation of internal heat gains by specifying low energy lighting and small power equipment. The proposed building’s cooling demand has been calculated as being lower than the notional building’s demand.

28 The applicant should provide the sample BRUKL sheet including energy efficiency and passive design measures alone to support the savings claimed. The ‘be lean’ tier should exclude the savings deriving from the connection to a district heating network. This measure should be taken into consideration under the ‘be clean’ scenario.

District heating

29 The applicant has identified the Kings Cross district heating network to be within the vicinity of the development and is proposing to connect to the network. The network is at a distance of 500 metres from the development. The applicant has stated that they are currently consulting Brookfield Utilities UK (the operator) and assessing the financial and technical feasibility of a connection to the network. Connection to the network should continue to be prioritised and evidence of correspondence with the network operator should be provided.

30 The applicant is also required to provide information on the network’s carbon factor and likely connection timeframes.

31 The applicant has also provided a commitment to ensuring that the development is designed to allow connection to a district heating network through provision of a single plant room and space available for plate heat exchanger. Further information on the floor area and location of the plant room should be provided as well as an internal layout drawing.

32 Any savings associated with the connection to the Kings Cross network should be taken into account at the ‘be clean’ tier of the energy hierarchy rather than the ‘be lean’. The applicant should revise the BRUKL sheets and resubmit the correct ones for each stage of the energy hierarchy

Renewable energy technologies

33 The applicant has investigated the feasibility of a range of renewable energy technologies and is proposing to install photovoltaic (PV) panels. The applicant is proposing 130sq.m. on the roof of the building and 50sq.m. on its facade. An installation layout has been provided.

Overall carbon savings

34 A reduction of 62 tonnes of CO2 per year in regulated emissions compared to a 2013 Building Regulations compliant development is expected, equivalent to an overall saving of 24%. The on-site carbon dioxide savings fall short of the targets within Policy 5.2 of the London Plan. While it is accepted that there is little further potential for carbon dioxide reductions onsite, in liaison with the borough the developer should ensure the short fall in carbon dioxide reductions, equivalent to 28 tonnes of CO2 per annum, is met off-site.

page 6 Flood risk

35 The proposed development is located within Flood Zone 1 which is at the lowest risk of tidal flooding. However the wider catchment (including the adjacent Vale Royal) is at risk of significant surface water flooding. The submitted flood risk assessment proposes raising the ground floor level and basement entry levels 300mm above adjacent ground levels. The proposed development is acceptable with regard to London Plan policy 5.12. Given the wider surface water flood risk, it is important that the development fully complies with London Plan Policy 5.13 (Sustainable Drainage). The applicant has submitted a sustainable drainage strategy which proposes limiting runoff for a 1 in 100 year plus climate change event to 5l/s. This would be achieved via a green/blue roof and an attenuation tank (volume to be determined).

36 Whilst further discussion on the content of the flood risk assessment is required, the proposed approach to SuDS meets the minimum requirements of the London Plan and thus complies with Policy 5.13. The SuDS measures should be secured via an appropriate planning condition.

Transport Network impact

37 The development proposals are unlikely to have a negative impact on the capacity or operation of public transport or the TLRN. However there are some issues which need to be addressed to enable compliance with the London Plan, as further detailed below.

Walking and cycling

38 The footway is narrow along Vale Royal and as such the Council, in conjunction with the developer, should consider options for widening as part of the redevelopment of this site to better facilitate pedestrians. The building could be set back further to increase the footway width. Any improvements should be secured as part of a Section 106 agreement.

39 Short stay cycle parking is proposed as Sheffield stands on Vale Royal. Given the narrow footway, the Council should consider whether this provision should instead be on the wider York Way footway, on which there is a cycle way, or suitably located within the new building itself.

40 The number of long stay cycle parking spaces proposed exceeds London Plan standards, which is supported. However access to the cycle parking would be via a series of doors. These doors should be automated if the scheme cannot be redesigned to enable more convenient access to cycle parking. All cycle parking and the proposed cyclists’ facilities should be secured by condition.

41 Docking stations in the vicinity of the site are experiencing high levels of demand which is anticipated to increase in the future. Furthermore the low PTAL and car free development will generate demand for cycle hire. Therefore a site specific S106 contribution of £200,000 should be secured for the installation of a new 32 point docking station. TfL will work with the applicant and Islington Council to identify a suitable location for the docking station in the borough.

page 7 Car parking

42 A car free development is proposed, which is supporte. Should demand necessitate, the Council as the highway authority should consider whether further on-street blue badge parking is necessary. The Council and the applicant should also consider provision for the drop off and pick up of staff and visitors and in particular those with mobility needs.

Buses

43 Given the importance of buses for this car free development, a S106 contribution of £10,000 (payable to the Council) should be secured to upgrade the bus shelter referenced stop P (Vale Royal Maiden Lane) to London Landmark model. The bus stop must also comply with TfL’s accessible bus stop guidance and an assessment in this regard should be completed by the developer.

Delivery and servicing

44 All servicing will be on street from Vale Royal. A delivery and service plan (DSP) and a construction logistics plan (CLP) should be secured by condition to appropriately manage any potential adverse effects on the highway network, including the cycle way on York Way.

Travel plan

45 A travel plan together with subsequent review and monitoring should be secured via condition/s106 agreement. To encourage sustainable transport and support this car free scheme especially given the low PTAL, the applicant should provide funding for cycle hire membership for staff for a period of at least five years to encourage uptake of the scheme.

Community Infrastructure Levy

46 In accordance with London Plan policy 8.3 ‘Community Infrastructure Levy’, the Mayor has agreed a CIL Charging Schedule which came into operation on 1 April 2012. The rate for Islington is £50 per square metre of additional floorspace. Local planning authority’s position

47 It is understood that the application is intended to be reported to Islington Council’s planning committee in September. Legal considerations

48 Under the arrangements set out in Article 4 of the Town and Country Planning (Mayor of London) Order 2008 the Mayor is required to provide the local planning authority with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. Unless notified otherwise by the Mayor, the Council must consult the Mayor again under Article 5 of the Order if it subsequently resolves to make a draft decision on the application, in order that the Mayor may decide whether to allow the draft decision to proceed unchanged, or direct the Council under Article 6 of the Order to refuse the application, or issue a direction under Article 7 of the Order that he is to act as the local planning authority for the purpose of determining the application and any connected application. There is no obligation at this present stage for the Mayor to indicate his intentions regarding a possible direction, and no such decision should be inferred from the Mayor’s statement and comments.

page 8 Financial considerations

49 There are no financial considerations at this stage.

Conclusion

50 London Plan policies on employment, urban design, inclusive access, sustainable development and transport are relevant to this application. Whilst the scheme is broadly supported in strategic planning terms the application does not yet fully comply with the London Plan as set out below:

 Principle of development: The proposed redevelopment of this office building for increased employment space including affordable workspace and space suitable for SMEs, is supported. The Council should secure the affordable workspace via a S106 agreement.

 Urban design: The height, massing and architectural detail for the proposed buildings is supported in principle. The applicant and the Council should secure the necessary improvements to the public realm surrounding the site.

 Inclusive access: A full inclusive access strategy for the development should be conditioned.

 Climate change: the applicant should provide BRUKL sheets to support the savings claimed. The shortfall in carbon savings should be off-set by contribution to off-site schemes, and this should be confirmed by the applicant and the Council.

 Flood risk: SuDS measures should be secured via condition.

 Transport: The applicant should investigate setting the building line back further to improve the pedestrian environment on York Way. Improvements to the access to cycle parking are required, and the position of short stay cycle spaces could be reconsidered. Contributions are required of £10,000 towards the upgrade of the nearby bus shelter, and £200,000 towards the provision of cycle hire docking stations. The provision of a delivery and service management plan, travel plan and construction logistics plan should be secured via condition.

for further information, contact GLA Planning Unit (Development & Projects Team): Stewart Murray, Assistant Director – Planning 020 7983 4271 email [email protected] Colin Wilson, Senior Manager – Development & Projects 020 7983 4783 email [email protected] Sarah Considine, Strategic Planning Manager (Development Decisions) 020 7983 5751 email [email protected] Katherine Wood, Senior Strategic Planner (Case Officer) 020 7983 5743 email [email protected]

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