Committee: Date: Classification: Report Number: Agenda Item No: Development Unrestricted DC097/034 8.2 Committee 10. December 2003 Report of: Title: Conservation Area Consent and Town Planning Director of Customer Services Applications: -

Case Officer: David Pickett Location: 38 TO 40, TRINITY SQUARE, LONDON, EC3

Ward: St Katharines's and Wapping

1. SUMMARY

1.1 Registration Details Reference No: PA/02/01400 & 1401

Date Received: 18/09/2002 Last Amended Date: 16/09/2003 1.2 Application Details

Existing Use: Offices - Class B1(a) and Station. Proposal: Demolition of existing buildings and redevelopment to provide offices, accommodation for London Underground, tourist information/retail kiosk together with associated car parking, servicing and plant in a seven storey building plus basement and plant room and creation of a pedestrian passageway alongside the west side of the section of Roman wall abutting the east side of the existing building. Applicant: The Real Property Co. Ltd. Ownership: The Applicant Historic Building: No Conservation Area: The

2. RECOMMENDATION:

2.1 That the Development Committee grant Planning Permission and Conservation Area Consent subject to completion of a Section 106 Agreement relating to "car-free" provisions and requiring the walkway adjoining the section of Roman wall to remain open to the public in the long term and the Conditions outlined below:

1. Time expiry. 2. Completion of Works and Development. 3. Design of the central bay on the west facing elevation. 4. Details of a lighting and management plan for the footpath adjoining the section of Roman wall abutting the site. 5. Detailed proposals of soft and hard landscaping of the area surrounding the south side of the site including Wakefield Gardens and a widened ramp to the viewing platform/sun dial area and the Tower Gardens level to accommodate all wheelchair users of Wakefield Gardens.. 6. Control of light pollution during hours of darkness. 7. Position of disabled persons lift behind ticket barrier in Underground Station. 8. Position and security of ATM cash point and telephone booths in Underground Station. 9. Removal of two columns in south facing exit to Station and deflection of loading weight. 10. Statement on measures to ensure safe operation of the Underground railway during demolition and construction works. 11. Reinstatement of telephones. LOCAL GOVERNMENT ACT 2000 (Section 97) LIST OF BACKGROUND PAPERS USED IN THE DRAFTING OF THIS REPORT

Brief Description of background paper: Tick if copy supplied for register Name and telephone no. of holder Application case file, plans, UDP, PPG’s. Development Control 020 7364 5338 12. Details of counterlevered canopy. 13. Schedule of signage to be removed, stored and reinstated. 14. Acoustic treatment of mechanical ventilation equipment and outlets 15. Restricted hours of demolition and construction 16. Restricted hours of pile driving. 17. Wheel cleaning.

3. BACKGROUND

3.1 The application site is located on the corner of the junction between Trinity Square and Trinity Place and is set back from the A100 Tower Hill behind Wakefield Gardens. It comprises two distinct buildings, No. 38, Trinity Square, a five storey post war render and glass structure of no particular architectural merit and No. 40, Trinity Square, a four storey building plus lower ground floor with Edwardian frontage of some particular merit; both front onto Trinity Square with the ground floor of No. 38 forming the exit to Tower Hill Underground Station.

3.2 The site comprises an area of 0.19 hectares and the existing buildings comprise 7,467 square metres of which 7,046 square metres is in office use and 421 square metres is used by London Underground.

3.3 The application site is within the Tower Conservation Area and abuts a section of Roman wall that is a Scheduled Ancient Monument and is contained within the Tower World Heritage Site.

3.4 The subject applications are for demolition of the existing buildings and redevelopment to provide offices, accommodation for London Underground, a tourist information/retail kiosk together with associated car parking, servicing and plant in a seven storey building plus basement and plant room plus creation of a pedestrian passageway alongside the west side of the section of Roman wall abutting the east side of the existing building. The proposal is for 11,916 square metres containing 11,418 square metres of office floorspace, 17 square metres of retail and 481 square metres for London Underground.

4. PLANNING POLICY FRAMEWORK

4.1 The following Unitary Development Plan proposals are applicable to this application:

(1) Archaeological importance or potential (2) Central Area Zones

4.2 The following Unitary Development Plan policies are applicable to this application: DEV1, DEV2 and DEV3 - General Design and Environmental Requirements DEV4 - Planning Obligations. DEV5 - High Buildings DEV25 and DEV28 - Conservation Areas DEV42, DEV43, DEV44 and DEV45 - Archaeology and Ancient Monuments CAZ1, CAZ2, CAZ3 and EMP9 - Office Development in Central Area Zone EMP1 - Promoting Employment Growth ST27 - Strategic Transport Policy relating to support and improvement of Public Transport T15, T16 and T17 - Transport and Development Planning Standard 3 - Vehicle and Cycle Parking Requirements

4.3 The following Supplementary Guidance Notes are relevant: - Supplementary Planning Guidance Notes: (I) Archaeology and Development (ii) Creating a Safe Environment

4.4 The following Planning Policy Guidance Notes are relevant: - Planning Policy Guidance 13; "Transport", paras. 72-74 (incl) entitled Public Transport Planning Policy Guidance 15; "Planning and the Historic Environment" Planning Policy Guidance 16; "Archaeology and Planning"

5. CONSULTATION 5.1 The following were consulted on the application: - The Deputy Governor HM Tower of London; English Heritage; Commission on Architecture and Built Environment; Ancient Monuments Society; Tower Hill Improvement Trust; City of London Corporation; Greater London Authority and Transport for London - Street Management; ; Historic Royal Palaces; Pool of London Partnerships and London Metropolitan University; the Borough Conservation, Highways Development and Environmental Health Officers. The applications were advertised in East End Life issue dated 18th November 2002.

The following responses have been received: -

(1.1) English Heritage - Historic Buildings Advisor: No objections in principle to the redevelopment and replacement of the existing buildings with a new, high quality office building. Incorporation of the existing Underground Station within the new development and proposed improvements to adjoining public spaces and circulation routes at this important point of access to the Tower of London were welcomed.

It was noted that the application site relates to the wider setting of the Tower of London, as well as forming part of the setting of the nearby listed buildings in Trinity Square. With regard to its immediate context, there are no objections to the height and form of the proposed building subject to the height being acceptable in terms of the suggested height limits around the Tower World Heritage Site.

In principle, the combination of natural stone cladding and dark finished metalwork in a deeply layered facade was considered sympathetic to the character of the adjoining Trinity House and the Port of London Authority buildings. However, reservations were expressed regarding the design of the central bay of the west elevation facing Trinity Square and it is considered that this could be reconsidered in the course of the further detailed design development and could be reserved by Condition of any approval.

The introduction of the new public walkway on the east side of the new building, alongside the Roman Wall is welcomed as a positive benefit to the surrounding area. The proposed improvements to the change of levels in front of the station by introduction of a ramped access in addition to steps is also welcomed. However the location of steps immediately in front of the proposed tourist information office could be a potential hazard and detailed proposals for this area including improvements to the landscaping of Wakefield Gardens should be reserved by Condition of any approval.

(1.2) English Heritage - The Inspector of Ancient Monuments: Satisfaction expressed about the general direction of the designs. Welcomes freeing of the stretch of the scheduled City Wall at rear of the site and its exposure to public view with a new walkway established alongside it. Both demolition of the existing building and construction of any new development on the site would need Scheduled Ancient Monument Consent in that both would involve works directly affecting the monument. Detailed Conditions relating to methods for demolition of the existing building as they affect the monument, the protection of the monument during works of demolition and construction, conservation of the monument and details of the proposed design as it affects the monument and its immediate setting would be imposed on any Consent.

(1.3) English Heritage - The Archaeology Advisor of the Greater London Archaeology Advisory Service: Results of test pit evaluation carried out by Museum of London Archaeology Service demonstrated that Roman stratigraphy survives beneath the existing basements notwithstanding some disturbance by 19th century cellars. Detailed archaeological works, probably in the form of an area excavation will be required before building works begin but after demolition of the existing buildings. Provision for these works should be secured by attaching a Condition to any approval. Recommended Condition requires a programme of archaeological work in accordance with a written scheme for investigation prior to any development taking place.

(2) Conservation & Urban Design Team: Proposal is acceptable in principle and the height is not inappropriate, given the setback and the transparency of the top two floors including the roofline. The applicants have made a number of revisions to the elevations and the ground floor which reflect the concerns of the Urban Design Officer. The proposed opening of the Roman wall to visual inspection by the public is welcome.

(3) Head of Highways Development: Trinity Square is a boundary road maintained by the City and therefore it will be for the Corporation to comment on the use of this road as a site access for demolition and construction traffic: the road has recently been improved and repaved with high quality materials. (Discussion have taken place with the City Highways Section - see para. 6.12 below).

The improved access for disabled is to be welcomed, i.e. the ramp to the viewing platform/sun dial area, the ramp to the Tower Gardens level and the lift to the eastbound Underground platform.

Six car parking spaces are provided in the basement, accessed by a car lift and the development should be subject to a Section 106 car free agreement.

(4) Environmental Health: Raised no objection subject to: - (i) Acoustic treatment of mechanical ventilation equipment and outlets so as not to cause noise disturbance and submission of details of the scheme for approval by the Environmental Health Department prior to development and (ii) Agreement of construction or demolition working hours and permitted noise levels with the Environmental Health department prior to development.

(5.1) City of London Corporation - Planning: The site lies adjacent to the Tower Conservation Area and within the immediate setting of the Grade 1 listed Trinity House, a two storey 18th century stone building.

The existing building is not considered to play a positive role in the setting of the Grade 1 listed Trinity House or that of the Conservation Area. Demolition of the building is not considered to be contentious in terms of the impact on the setting of the listed building or that of the Tower Conservation Area.

The proposed development is 7 storeys, a storey and a half higher than the existing which is regrettable in the context of the two storey listed Trinity House but is not considered to cause serious harm to the setting of the listed buildings in the vicinity. However, the Corporation would welcome a further set back of the top floor to minimise the visual bulk of the building.

(5.2) City of London Corporation - Highways: During telephone discussion, the City Highways Officer commented that the applicant should approach the department for relevant documentation to enable use of Trinity Square for access to the site during demolition and construction works.

(6) Greater London Authority: The application does not fall within the schedule of applications of potential strategic importance in the Town and Country Planning (Mayor of London) Order 2000.

(7) Transport for London - Street Management: Confirmation sought that any redevelopment of the site does not compromise the existing and future operational needs of Tower Hill Station as identified by London Underground in their comments. (see para. 5.3 below). Restraint based approach to car parking provision welcome as appropriately reflecting the site's location and accessibility by public transport and accords with the draft London Plan.

(10) Port of London Authority: No issues raised in respect of the applications.

(11) Historic Royal Palaces, The Tower of London: No objections but assumed that consideration of the applications will take the World Heritage Site Management Plan into account. (12) Pool of London Partnerships: Enhancement of the setting of the Roman wall by setting back the ground floor level and introducing a new pedestrian access route to rear of the site was supported. However because of the limited dimensions of this footpath a Condition needs to be imposed regarding the lighting and management to ensure a safe, clean and friendly environment and completion of an Agreement to ensure that the footpath remains open to the public in the long term. A larger tourist information kiosk and a larger station exit would be preferred although the latter is largely determined by operational requirements of London Underground. Concern expressed about supports for the canopy to the south facing exit and sought that the canopy be counterlevered.

(13) There has been no response from Commission for Architecture & Built Environment, Ancient Monuments Society, Tower Hill Improvement Trust and London Metropolitan University.

5.2 The following adjoining occupiers/neighbours were consulted on the applications: - London Underground; Nos. 10, 41, 42, 43 and Trinity House, Trinity Square; Trinity Square Gardens; No. 35, Tower Hill; Nos. 6, 7, and 8-11, Crescent; Novotel, Pepys Street and the Church of All Hallows by the Tower.

No. Responses: 3 In Favour: 1 Against: 2 Petition: 0 (In principle but with concerns)

5.3 LT Property on behalf of London Underground Ltd. Part of the ground floor and basement of the building comprises the exit to Tower Hill station occupied by London Underground on a 99 year lease. Concern was expressed about the following: -  The proposed plan shows a disabled persons lift outside of the ticket gate line. The requirement for a lift at this location is currently being reviewed and ideally should be located behind the ticket gate line in order to restrict access by unauthorised personnel.  It is believed that the position of the ATM cash point and the telephone booths near to the exit may result in queues obstructing egress and impede passenger flows. There is also concern that people using the ATM cash points would be clearly visible from outside the station premises and creating potential for a security risk to London Underground customers.  It is considered that the column located in the centre of the proposed exit point could inhibit passenger flows and as such a further review is required.  In order to protect the structure of the Underground it is necessary that any proposals to redevelop the site must first be approved by London Underground Ltd. and that these works and construction methods will not interfere with the safety and operation of the railway. It is therefore necessary that prior to any works commencing the developer will need to seek approval from London Underground’s Chief Engineer’s Directorate who can be contacted at London Underground Ltd., 30, The South Colonnade, Canary Wharf, London, E14 5EU.

Assurance is sought that in considering the applications these matters will be taken into account and fully safeguarded. Leaving the Underground station in a worse position than exists now would be contrary to good planning and the management of pedestrian flows in this location used by considerable numbers of tourists visiting the Tower of London and other local attractions.

5.4 The Wakefield Trust advised that as the freehold owners of Nos. 41, 42 and 43, Trinity Square, the Wakefield and Tetley Trusts rejected the view promoted by the architects that the proposed building will “form a natural corner to Trinity Square” and that “elements of the facade should respect the fine stone elevations of the older neighbours”. The proposed building was described as being undistinguished and offering nothing to justify a location in Trinity Square. Placing it in such propinquity to Trinity House and 10, Trinity Square (PLA) is described as being a rejection of past standards. The letter enquires that “surely any new design on this site should complement the stone buildings around the Square” and answers “this application does not fit in these surroundings”. Although not a planning matter, concern was expressed about Rights of Light and advised that a consultant had been employed to advise on the possible effects of the proposed development and the findings will be communicated to the Council upon receipt of the report. 5.5 Noting the very modern appearance of the elevations consisting mainly of glass with stone cladding The Corporation of Trinity House objected to the proposal on the following grounds: -  Aesthetically, the structure would not be in keeping with the historic setting of Trinity Square and has little sympathy with the adjoining and neighbouring buildings, one of which is Trinity House. A further aesthetic impact would occur at night when the building is fully lit internally. Owing to the large extent of glazing, there is every potential for an excessive amount of light pollution. Attention was drawn to the substantial and costly works that have been undertaken with the aim of improving and conserving the Georgian setting of Trinity Square. It was noted that these works have been widely welcomed for their achievement in terms of achieving a better visual impact and amenity for the public including tourists to the Tower of London and its environs. The Corporation believes that the proposals as presented would seriously detract from the successful treatment of this historically important site.

6. ANALYSIS

6.1 The applicant has revised the application on a number of occasions in response to concerns raised by the Council and other bodies. The proposal involves demolition of the existing buildings and redevelopment of the site primarily for office use. Redevelopment of the ground floor includes provision of a new exit from Tower Hill Underground Station, erection of a canopy and creation of a new tourist information kiosk. The footprint of the ground floor of the proposed building would be pulled back from the line of the section of Roman wall, a Scheduled Ancient Monument, that abuts the east side of the building site to create a route along the eastern flank of the building enabling a link with the existing public open space at the back of Nos. 6-7, Coopers Row. Provision for parking of six vehicles and 50 cycles would be created in the basement; accessed via a car lift.

6.2 Creation of a pedestrian passageway alongside the Roman wall would permit this formerly hidden part of the Monument to be exposed to public visibility and thereby enhance the cultural attraction of the World Heritage Site. The subject section of Roman wall is in the same alignment as the existing exposed Roman wall on the east side of the steps leading from Trinity Place to the subway beneath the A100. The proposal would allow for a greater appreciation by visitors and tourists of the original Roman wall and defences on the east side of London. The new passageway would be relatively narrow and the building counterlevered above. Details of a lighting and management plan are important to the creation of a safe, clean and friendly environment and should be reserved by Condition.

6.3 The proposed building would be seven storeys in height (rising to 29.54 metres above pavement level), two storeys higher than the existing buildings. The elevations are of a robust design combining natural stone cladding and dark finished metalwork in a deeply layered facade. The building would be stronger and more conspicuous than the existing and would provide a compatible "bookend" on the east side of Trinity House to the former PLA building on the west side. Consideration of the application has taken account of the Tower of London World Heritage Site Management Plan and it is not considered that the current proposal conflicts with the objectives of the Plan.

6.4 The amended scheme is acceptable subject to reservations relating to the design of the central bay on the west facing elevation. It is considered that this element should be reserved for later consideration by Condition of any approval as the design requires further refinement with regard to scale and proportion. It is also considered that the location of steps immediately in front of the proposed tourist information office could be a potential hazard. Detailed proposals for this area including improvements to the landscaping including a widened ramp to the viewing platform/sun dial area and the Tower Gardens level designed to accommodate all wheelchair users of Wakefield Gardens should also be reserved by Condition of any approval.

6.5 Concerning the objections to the proposal noted in paragraphs 5.4 and 5.5 on grounds of design and light pollution, the vital element for consideration at this location is whether the proposal, as a whole represents a positive contribution to the townscape and achieves an integrated solution in conservation terms for the World Heritage Site. It is considered that the design is a significant improvement upon one of the two buildings and is an acceptable replacement for the other. Whilst the design is robust, it is also interesting and as already noted creates a "bookend" compatible with the role of the former PLA building on the west side of Trinity House and the Listed Buildings at Nos. 41, 42 and 43, Trinity Square. This view is supported by English Heritage, Port of London Authority, Historic Royal Palaces, Corporation of London and the Borough Conservation and Urban Design Officer.

6.6 In respect of objection on grounds of excessive glazing coupled with potential for causing light pollution adversely affecting the surrounding area during the hours of darkness; whilst the extent of glazing is significant it is considered that in design terms this is mitigated by the robust stone elements. It is acknowledged that this could expose the surrounding area to light pollution during the hours of darkness. It is therefore proposed to impose a Condition requiring submission of details of measures to be taken to prevent the lighting from adversely affecting the surrounding area during the hours of darkness.

6.7 London Underground supported by Transport for London - Street Management are concerned to ensure that the development will not interfere with the safety and operation of the railway. They specifically raise issue with the two columns located at the centre of the south facing exit, the position of the disabled persons' lift and the ATM cash point/telephone booths and assurance that the safe operation of the railway would not be adversely affected during construction works. These have been discussed with the applicant and assurances have been given that these matters can and will be addressed. The applicant has accepted the imposition of Conditions to this effect.

6.8 It is noted that the scheme includes provision of six car parking spaces accessed by a car lift in the basement. A Section 106 "car-free" Agreement should be completed in conjunction with any approval in order to restrict applications for parking permits by any other commuters working in the building.

6.9 In respect of external furniture and the canopy on the south facing exit from the Underground Station, Conditions should be attached requiring existing telephones to be reinstated; the canopy should be counterlevered from the building in order to avoid obstruction to pedestrian traffic and external lighting to the building shall comply with the Pool of London Lighting Strategy. A schedule of all signage proposed to be removed prior to the redevelopment together with arrangements for storage during the works and reinstatement following completion should be subject to Condition.

6.10 Details of acoustic treatment of mechanical ventilation equipment and outlets so as not to cause noise disturbance should be required to be submitted for approval by Condition. The applicant should be advised by informative that agreement on permitted noise levels during demolition and construction should be completed with the Environmental Health Officer. The applicant should also be advised that use of the information/retail kiosk for the sale of prepared food and soft drinks will need to be registered with the Environmental Health Officer at least 28 days before commencement of that use.

6.11 In pursuance of the findings contained in the Museum of London Archaeology Service, any approval should be made subject to a Condition requiring a programme of archaeological work in accordance with a written scheme for investigation prior to any development taking place. The applicant should be advised by informative attached to any approval that both demolition of the existing building and construction of any approved scheme on the site would need Scheduled Ancient Monument Consent in that both would involve works directly affecting the section of Roman wall.

6.12 Trinity Square is the only access road to the site and it is maintained by the City of London; accordingly following discussion with the City of London the applicant should be advised by informative to consult the City on the use of the road as a site access for traffic relating to demolition and construction works.

7. SUMMARY

7.1 In terms of its impact upon the Tower World Heritage Site, the Tower Conservation Area, surrounding Grade 1 and Grade 2 statutory listed buildings and features and the Scheduled Ancient Monuments, the scheme represents an improved urban design and a contribution towards a more coherent World Heritage Site. In townscape terms the proposed building would provide a more interesting "bookend" to views from the west and a more exciting view from the Tower. A panoramic view of the Tower would be retained for visitors and tourists emerging from the Station, whilst the view from the Tower would present a more robust and stronger building but one of some interest that would match the former PLA building on the west side of Trinity Gardens. The opening of a walkway on the west side of the section of Roman wall would enable a linkup between the Postern Gate, and the two sections of Roman wall on the north side of the A100 and enable a wider comprehension of the Roman defences to visitors and tourists.

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This Site Map displays the Planning Application Site Boundary and the neighbouring Occupiers / Owners who were consulted as part of the Planning Application process. The Site Map was reproduced from the Ordnance Survey mapping with the permission of Her Majesty's Stationery Office © Crown Copyright. London Borough of Tower Hamlets LA086568 38 TO 40, TRINITY SQUARE, LONDON, EC3