+

planning report PDU/2373/01 27 January 2009 12-14 New Fetter Lane & 43 Fetter Lane in the planning application no. 08/00778/FULMAJ

Strategic planning application stage 1 referral (new powers) Town & Country Planning Act 1990 (as amended); Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008

The proposal Demolition of the existing buildings and redevelopment of the site to provide 19, 622 sq.m. of office floor space over 12 floors with 322 sq.m. of retail uses located at ground floor.

The applicant The applicant is Great Capital Partnership, and the architect is Hamiltons.

Strategic issues This proposal provides high quality office and retail accommodation in the Central Activities Zone. The proposal is also of a high design quality. The uplift in office accommodation from that currently provided on the site generates the need for a Crossrail contribution. There are outstanding detailed issues relating to transport and climate change mitigation and climate change adaptation.

Recommendation

That the City of London Corporation be advised that the application does not comply with the London Plan, for the reasons set out in paragraph 46 of this report; but that the possible remedies set out in paragraph 48 of this report could address these deficiencies. The application does not need to be referred back to the Mayor if the City of London Corporation resolve to refuse permission, but it must be referred back if the City of London Corporation resolve to grant permission.

Context

1 On 19 December 2008 the Mayor of London received documents from the City of London Corporation 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 30 January 2009 to provide the Corporation 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.

page 1 2 The application is referable under Category 4 of the Schedule to the Order 2008: ”Development in respect of which the local planning authority is required to consult the Mayor by virtue of a direction given by the Secretary of State under article 10(3) of the GDPO.”

3 Once the Corporation 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; or allow the Corporation to determine it itself, unless otherwise advised. In this instance if the Corporation resolves to refuse permission it need not refer the application back to the Mayor.

4 The environmental information for the purposes of the Town and Country Planning (Environmental Impact Assessment) ( and Wales) Regulations 1999 has been taken into account in the consideration of this case.

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

Site description

6 The site is located on New Fetter Lane and bound to the west by Fetter Lane and Plough Lane to the North. , part of the Strategic Road Network (SRN), and the A201 Farringdon Street, part of the Transport for London Road Network (TLRN), lie short distances to the south and east respectively.

7 The site has a public transport accessibility level (PTAL) of 6b on a scale of 1 to 6 where 6b is the highest. There are a wide range of bus, underground and rail services within walking distance of the site. is the nearest London Underground Station, providing access to the Central Line, Farringdon, Blackfriars and Temple are also near-by. National Rail services are available from Farringdon, City Thameslink and Blackfriars.

8 The site is currently occupied by two buildings, that currently provide 7,574 sq.m. of office floorspace, and areas of car parking at ground level. The site is a triangular shape and is 0.16 hectares in size.

9 The area is characterised by commercial buildings containing both office and retail developments, with some residential accommodation located nearby. The site is not in a conservation area although the Chancery Lane Conservation Area is located to the west of the site and the Fleet Street Conservation Area to the south of the site. The Grade II * listed former is also located to the south of the site. The New Street square and Rolls Building redevelopments are in the surrounding area of the site.

10 The site is located within the Landmark Background Assessment Area for the geometrically defined view of St Paul’s from Greenwich Park.

Details of the proposal

11 Demolition of the existing buildings and redevelopment of the site to provide 19,622 sq.m. of office floor space over 12 floors with 322 sq.m. of retail uses located at ground floor. No on-site car parking will be provided and 77 cycle spaces will be provided at basement level. The application will also result in the partial stopping up of Plough Place with that part of the highway becoming part of the development site. The footpaths surrounding the site will be repaved as part of the proposal and additional public realm improvements are under discussion.

page 2

Townscape and visual assessment (Miller Hare July 2008) Case history

12 There is no relevant strategic planning history. Strategic planning issues and relevant policies and guidance

13 The relevant issues and corresponding policies are as follows:

• Economic development London Plan; the Mayor’s Economic Development Strategy • Employment London Plan; PPG4; draft PPS4; Industrial Capacity SPG • World city role London Plan • Mix of uses London Plan • Retail London Plan; PPS6; PPG13 • Urban design London Plan; PPS1 • Tall buildings/views London Plan; View Management Framework SPG • Sustainable development London Plan; PPS1, PPS Planning and Climate Change Supplement to PPS1; PPS3; PPG13; PPS22; the Mayor’s Energy Strategy; Sustainable Design and Construction SPG • Transport London Plan; the Mayor’s Transport Strategy; PPG13 • Crossrail draft London Plan Alteration; draft Crossrail SPG • Parking London Plan; the Mayor’s Transport Strategy; PPG13

page 3 14 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 2002 City of London Unitary Development Plan and the London Plan (Consolidated with Alterations since 2004).

15 The Core Strategy, which is at pre-submission stage, is also a material consideration. Principle of the use

16 Policy 5G.2 of the London Plan recognises that the Central Activities Zone (CAZ) and the northern part of the Opportunity Area are the heart of London’s world city offer and seeks to promote and coordinate their development so that together they provide a competitive, integrated and varied business location. Policy 3B.2 seeks the renovation and renewal of existing stock to increase and enhance the quality and flexibility of London’s office market offer. Therefore, the principle of an office development in this location, as well as an increase in quantum over that provided by the existing buildings on-site, complies with the London Plan.

17 The provision of retail at ground floor, and the benefits of an active frontage that this brings, is welcomed. Urban design

18 Good design is central to all objectives of the London Plan and is specifically promoted by the policies contained within Chapter 4B which address both general design principles and specific design issues. London Plan Policy 4B.1 sets out a series of overarching design principles for development in London. Other design polices in this chapter and elsewhere in the London Plan include specific design requirements relating to maximising the potential of sites, the quality of new housing provision, tall and large-scale buildings, built heritage, views, and the Blue Ribbon Network.

19 The application is for the demolition of two existing, undistinguished and outdated offices. This building will have a tall ground floor level which will include the main building entrance, retail accommodation and service bay with 12 floors of office located above. A double stacked plant room is located on the top of the building bringing its height to 59.35 m above Fetter Lane.

20 The building responds well to its surrounding context and acts as an intermediary between the scale of development in the New Street Square development and the lower scale development on Fetter Lane. The building is arranged around a vertical hinge to the southern frontage from which a stepped fan configuration rises from 4 storeys on Fetter Lane to 13 stories. This creates a series of triangular roof terraces.

21 At ground floor level the street frontages are clad in glass with the retail frontages clad in clear glazing and inactive frontages clad in white translucent glass and light grey black opaque back painted glass. The twelve floors of offices are clad in clear high performance glazing with expressed metal cladding to the floor edges. The roof level plant enclosure is clad in light grey opaque back painted glass panels to the walls with a roof screen of natural anodised aluminium fin blades. The office floorplates have been designed to maximise natural daylight. Overall the proposed design will create an attractive contemporary office building that responds appropriately to its context.

22 The proposed building on the site has the potential to be visible in three of the designated London Panorama views: Primrose Hill, Greenwich Park and Blackheath point. In views from all three points the proposed building will be obscured by existing development. The site is located within the Landmark Background Assessment Area for the geometrically defined view of St Paul’s

page 4 from Greenwich Park. The proposed building exceeds the consultation threshold by approximately 20 metres. No adverse effect on the view of the Cathedral would be created as the proposed building would be invisible from the viewpoint because it would be obscured by the existing pattern of development behind the Cathedral. The proposed development is considered to comply with the London Plan in this regard.

23 The proposed building would also be visible in two of the London View Management Framework River Prospect Views which are managed by qualitative visual assessment. From the Waterloo Bridge viewpoint the top of the proposed building would appear to the left of the New Street Square development which is significantly taller and more prominent. The proposal would be a minor distant addition to the existing background pattern of development visible behind the closer and more prominent buildings fronting the north bank of the Thames. From the South Bank River Prospect Viewpoint the top of the building would appear just above the trees lining Victoria Embankment and would be partially obscured by the taller New Street Square development. The proposed development is considered to comply with the London Plan in this regard.

Climate Change mitigation

24 The London Plan requires developments to make the fullest contribution to the mitigation of, and adaptation to, climate change and to minimise carbon dioxide emissions (Policy 4A.1).

25 Policies 4A.2 to 4A.8 of the London Plan focus on how to mitigate climate change, and the carbon dioxide reduction targets that are necessary across London to achieve this. Developments are required to be adaptable to the climate they will face over their lifetime and address the five principles set out in policy 4A.9 of the London Plan.

Energy

26 London Plan policies 4A.4 and 4A.7 require the submission of an energy demand assessment along with adoption of sustainable design and construction, demonstration of how heating and cooling systems have been selected in accordance with the Mayor’s hierarchy and how the development will minimise carbon dioxide emissions, maximise energy efficiencies, prioritise decentralised energy supply, and incorporate renewable energy technologies, with a target of 20% carbon reductions from on-site renewable energy.

Energy demand assessment and sustainable design and construction

27 An energy demand assessment has been submitted for the development using appropriate building regulation software. The energy assessment indicates that the baseline carbon dioxide emissions are approximately 1034 tonnes of carbon dioxide per annum. The use of passive energy measures, as well as energy efficiency solutions reduces the baseline emissions by 132 tonnes per year, which is equivalent to a 12.7% reduction in emissions.

28 Dynamic thermal modelling of the proposed development has been carried out to optimise the facade design and inform the development of engineering systems. The proposed design utilisies high quality external glazing to minimise unwanted solar gain and reduce cooling loads whilst still providing beneficial natural daylight to the floor plates. Additional measures include heat recovery on office ventilation systems; high performance air cooled chillers; and a building management system to optimise the energy performance of the building. An excellent rating under the BREAM offices assessment is targeted.

Power, heating and cooling infrastructure, and CHP/CCHP (Policies 4A.5 and 4A.6)

page 5 29 The applicant has investigated the use of both Combined Heat and Power Plants (CHP) and Combined Cooling Heat and Power plants (CCHP) and the use of both has been rejected. Use of a CCHP has been rejected due to the limited demand for heat in the development. The use of a CCHP has been rejected on the grounds that the small reduction in carbon dioxide emissions does not justify the use. This approach is sufficiently justified. The retail and office uses will be served from two different networks and this approach needs further justification. The applicant states that plant space and routes will be safeguarded to allow connection to any future site wide district heating system. This is welcomed and the applicant should ensure that this work is completed in line with the specifications for Citigen.

Renewable energy (Policy 4A.7)

30 A feasibility study of renewable energy technologies has been undertaken and identified the installation of a duel-fuel liquid biofuel boiler together with solar hot water collectors. 120 sq.m. of roofspace has been identified for the location of solar hot water collectors. The area for the location of these collectors is limited due to the location of the surrounding buildings and the proposed building design. This strategy would provide 2.9% carbon dioxide emission reductions respectively. The applicant should demonstrate that the area for the provision of photovoltaic cells or solar hot water collectors has been maximised. The biofuel boiler could provide up to 100% of the remaining annual heat load (after the use of the solar hot water array). This novel application and combination of technologies needs further justification, particularly the applicant should demonstrate how the two renewable applications would work together and the potential carbon dioxide emissions reductions from the use of ground or air source heat pumps for cooling should be investigated. A reporting condition in elation to the amount of biofuel used annually may be required.

31 Further information needs to be provided regarding the biofuel boiler as follows:

• Confirmation is needed that the fuel to be used is 100% biofuel

• The second fuel to be utilised should be specified

• The specific boiler and size should be specified

• Potential fuel suppliers should be identified along with the likely quantity and quality of biofuel

• The air quality implications of the boiler will need to be assessed and discussed with City of London air quality officers

• Information relating to the carbon intensity of the proposed fuel needs to be provided

• Details of likely fuel consumption , oil storage and the frequency of deliveries should be provided

Overall

32 Whilst it has been demonstrated that the London Plan energy hierarchy has been broadly followed. Further information and justification is needed before it can be concluded that the proposal complies with the London Plan in this regard.

Climate change adaptation

page 6 33 The London Plan promotes five principles in policy 4A.9 to promote and support the most effective adaptation to climate change. These are to minimise overheating and contribution to heat island effects, minimise solar gain in summer, contribute to flood risk reductions, including applying sustainable drainage principles, minimising water use and protecting and enhancing green infrastructure. Specific policies cover overheating, living roofs and walls and water.

34 The proposal includes green roofs on the terraces, to the fan element, as well as rainwater harvesting to supply the toilets. Clarification is needed as to whether any further measures are proposed to minimise overheating or reduce water usage. Further information, as detailed above, needs to be supplied before a view can be given on whether the proposal is fully in compliance with London Plan policy in this regard. Transport

35 The proposed uplift in office space by approximately 6,500 sqm (NIA) will result in an additional 248 employee trips in the AM peak period. No assessment of the cumulative impact of development has been undertaken; however TfL’s view is that any new development within the City will have a negative impact on the existing and constrained transport services and infrastructure. This impact should therefore be fully mitigated.

36 Policy 3C.12A of the Proposed London Plan Alterations states that “In view of the strategic regional importance of Crossrail to London’s economic regeneration and development, developments which contribute to the transport needs that the project will wholly or partly address will be required to contribute towards its funding through the use of planning obligations, in accordance with relevant legislation and policy guidance”. This is underpinned by London Plan Policy 6A.4 (and as amended in the Proposed London Plan Alterations), which establishes the strategic priorities for planning obligations. This states that affordable housing and transport should generally be given the highest importance.

37 Paragraph 4.9 of the SPG states that “…contributions should be sought in respect of office development in the Central Activities Zone and the northern part of the Isle of Dogs which involves a net increase in office floorspace of more than 500 sq.m.”. Using the methodology within the SPG the full contribution would be £1,386,450.

38 No car parking spaces have been provided. This is welcomed as it is in line with London Plan policy 3C.23 ‘Parking Strategy’, however the applicant must either provide or demonstrate provision for at least one disabled parking bay.

39 A total of 77 cycle parking spaces have been proposed. TfL welcomes this level of provision as it is in line with the London Cycle Network Design Standards and complies with London Plan policy 3C.22 ‘Improving conditions for cycling’. In addition to this TfL expects the developer to provide adequate ‘on-street’ cycle parking for couriers/short-stay visitors to the building.

40 The applicant is reminded that there is considerable subsurface infrastructure in the area. TfL requires conditions to be included in any planning agreement to protect the infrastructure and operations of London Underground services. These conditions include:

• Before any work commences on site the agent is to contact London Underground with full details of the proposed works and foundation arrangements. • LU engineers will need to agree to the proposals before work can commence.

page 7 • If the developer or their agent is already working with LU or its agents on this project they should continue to do so, so as to ensure the safety of the railway and the development.

40 All servicing is proposed off-site and a draft servicing management strategy is included within the transport assessment, this is welcomed as it is in line with London Plan policy 3C.25 ‘Freight strategy’ and should be secured as part of any future Section 106 agreement.

41 The submission of a framework travel plan is noted; however a full travel plan needs to be submitted, in order to comply with London Plan Policy 3C.2 Matching development to transport capacity. TfL’s Smarter Travel Unit can provide further detailed comments on the travel plan.

42 In summary, TfL has no objection in principle to the proposed development, subject to the securing of financial contributions towards the Crossrail scheme, the submission of a full travel plan, and the securing of planning conditions to ensure that nearby London Underground infrastructure and operations are protected.

Local planning authority’s position

43 The view of the local planning authority is not known.

Legal considerations

44 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. 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.

Financial considerations

45 There are no financial considerations at this stage.

Conclusion

46 London Plan policies on economic development, employment and world city role; urban design; climate change mitigation; climate change adaptation; and transport are relevant to this application. The application complies with some of these policies but not with others, for the following reasons: • Economic development, employment and world city role: this application proposes replacement of outdated office accommodation on this site and replacement with an increased amount of high quality office floorspace. The application complies with the London Plan in this regard.

page 8 • Urban design: This application proposes the replacement of outdated buildings with an innovative design which is appropriate to its context. The proposal does not impact on strategic views. The application complies with the London Plan in this regard. • Climate change mitigation: Whilst it has been demonstrated that the application is broadly in line with the London Plan energy hierarchy further information is needed before it can be concluded that the application complies with the London Plan in this regard.

• Climate change adaptation: The proposal includes green roofs on the terraces, to the fan element, as well as rainwater harvesting to supply the toilets. Clarification is needed as to whether any further measures are proposed to minimise overheating or reduce water usage.

• Transport: The uplift in office space proposed in this application generates a need for a Crossrail contribution. In addition further information needs to be provided and planning conditions secured.

47 On balance, the application does not comply with the London Plan.

48 The following changes might, however, remedy the above-mentioned deficiencies, and could possibly lead to the application becoming compliant with the London Plan: • Climate change mitigation: Further justification of the two heat networks proposed and the renewables approach needs to be provided together with further information about the biofuel boiler and proposed fuel.

• Climate change adaptation: Clarification should be provided as to whether any further measures are proposed to minimise overheating or reduce water usage.

• Transport: A Crossrail contribution is required. In addition a full travel plan should be submitted and planning conditions relating to ensuring that the nearby London Underground infrastructure and operations are protected should be secured.

for further information, contact Planning Decisions Unit: Giles Dolphin, Head of Planning Decisions 020 7983 4271 email [email protected] Justin Carr, Strategic Planning Manager (Development Decisions) 020 7983 4895 email [email protected] Colin Wilson, Strategic Planning Manager (Planning Frameworks) 020 7983 4783 email [email protected] Emma Williamson, Case Officer 020 7983 4310 email [email protected]

page 9