Subject: Here East (Studios 9 & 10), East Bay Lane, London, E15 2GW App. Ref: 21/00027/FUL Meeting date: Tuesday 23 March 2021 Report to: Planning Decisions Committee Report of: Richard McFerran – Principal Planning Development Manager Applicant: Innovation City (London) Ltd Borough: LB Hackney

FOR DECISION

This report will be considered in public

1. EXECUTIVE SUMMARY

1.1. This report considers application ref: 21/00027/FUL, which seeks a change of use of two adjoining studios within the former International Broadcast Centre (IBC), now part of the Here East complex. 1.2. The two studios, Studios 9 & 10, are currently vacant but benefit from consent as a data centre (Use Class B8 – storage and distribution) together with flexible B1/A1 (business/retail) and A3-A5 (food and beverage) uses. This application seeks permission for a change of use of these studios to allow for a range of flexible uses including Use Class B8 (storage and distribution), Use Class E(g), E(a) and E(b) (Business, retail and food and beverage for consumption on the premises). The applicant has advised that the intended uses would be content production, including associated with film/TV production and/or eSports gaming content for streaming and broadcast. 1.3. The IBC, Main Press Centre (MPC) and Multi-Storey Car Park (MSCP) were used as a broadcast complex during the 2012 Summer Games. The IBC is the largest of the three buildings and occupies the east of the Here East site adjacent to Waterden Road. Planning permission was granted for development at the broadcast complex in March 2014 to allow for external alterations to the buildings together with a change of use to the floorspace permitting such uses such as a data centre, business/recording studios, education, conference and retail. 1.4. Here East, the name given to the redeveloped complex, was launched in October 2016 and since then significant progress has been made in letting the large amount of floorspace available within the development. Here East is now home to Loughborough University, Staffordshire University, University College London, Studio Wayne McGregor, Ford Mobility, BT Sport, Sports Interactive, Hobs Studio and Plexal. 1.5. In addition to the above, it should also be noted that other projects continue to develop on the Here East campus, with the V&A Museum in the process of fitting out a space at the southern end of the Broadcast Centre, creating a state-of-the-art research and collection centre.

1.6. Whilst the consented data centre (Use Class B8) was integral to the design concept developed for the International Broadcast Centre, since these permissions were granted in 2014 the data centre market has changed significantly. Specifically, the mass adoption of cloud-based technology solutions has resulted in a significant reduction in demand for the provision of large data centres such as that at Here East. 1.7. The Broadcast Centre space has particular characteristics; it has a deep floorplate, high floor to ceiling heights, and substantial areas of floorspace without direct natural light. Given the lack of demand for the data centre use, the applicant has sought to identify alternative uses of these challenging spaces. In doing so they have identified uses, similar to that at BT Sports which is elsewhere in the Broadcast Centre, for content production, including those associated with film/TV production or eSports gaming content for streaming and broadcast. It is understood that the applicant is currently in advanced negotiations with an operator for these uses within these studios, which are broadly located in the centre of the Broadcast Centre. 1.8. The application does not propose any external changes to the building and as such there are no design considerations associated with the assessment application. The key matters for assessment set out in the report therefore include the following:  Principle of the change of use;  Transport including trip generation and servicing; and  Environmental matters including impacts on existing/future residents of the area. 1.9. The proposal was briefed to the Planning Decisions Committee on 23rd February 2021. The main issues discussed included the employment benefits at Here East for local people, transport issues, the expansion of the permitted uses of these two studios to include Use Class E(g); and sustainability issues. 1.10. The principle consideration is the change of use and the acceptability of expanding the consented use of these two studios to allow for business, retail, and food and beverage uses (Use Class E(g), E(a) and E(b)) to primarily allow an operator to use the units for content production for film/TV or eSports. 1.11. The site is located within site allocation SA1.5 of the Local Plan (2020) which identifies the area as an employment cluster and that development should support the employment, media, education and creative functions of Here East, including the intensification and redevelopment of underutilised areas and subsidiary retail, leisure or other ‘walk-to’ services. 1.12. Officers consider the principle of the change of use to Use Class E(g) to be acceptable noting that it has the potential to deliver an uplift of to 183 full-time jobs in comparison to the consented use, thereby intensifying the employment function of the site. A condition is recommended to ensure that local employment opportunities are maximised in accordance with the Employment Skills Strategy, which requires a minimum provision of 25% of end use jobs for local people, together with requirements for apprenticeships and payment of the London Living Wage. The proposed use is also considered to dovetail with the existing creative, technological, and media uses within the Here East campus and would reinforce its global standing as a centre of this type. 1.13. It is noted that the proposals also include the potential for retail and/or food and beverage use, either as an ancillary function to the main use for media content production, or as standalone uses up 486 sqm. This is considered to be acceptable in principle noting that this would help provide activation to the courtyard area of the Here East campus and would remain subsidiary to the main business function. 1.14. The proposed change of use would not generate any significant transport impacts based on anticipated employees and audience numbers. A condition (Condition 7) requiring an Event Management Plan is recommended to manage audience numbers in the unlikely event that audience numbers would exceed 1000. The proposals are also considered to be acceptable on environmental grounds noting that the proposed use would not give rise to any significant new or additional effects beyond those assessed as part of the existing permission. A condition is recommended to ensure that noise from any plant equipment remains at an acceptable level. 1.15. Subject to conditions it is considered that the impacts of the scheme can be mitigated. The scheme is considered to represent a sustainable form of development in compliance with relevant planning policies and is therefore recommended for approval.

2. RECOMMENDATIONS

2.1 That the Planning Decisions Committee agree the recommendation to: a) Approve the application for the reasons given in the report and grant planning permission subject to: 1. the conditions set out in this report. b) Agree to delegate authority to the Director of Planning Policy and Decisions to: 1. Finalise the recommended conditions as set out in this report including such refinements, amendments, additions and/or deletions as the Director of Planning Policy and Decisions considers reasonably necessary.

3. FINANCIAL IMPLICATIONS

3.1. There are no financial implications as a result of this application.

4. LEGAL IMPLICATIONS

4.1. There are no legal implications as a result of this application.

© Crown copyright and database rights 2012 Ordnance Survey 100050265

Location: Units 9 & 10, Here East, East Bay Lane, London, E15 2GW Borough: LB Hackney Proposal: Application for the change of use of floorspace consented as Use Class B8 (data centre) and flexible B1/A1, A3-A5 uses to Use Class B8 (storage and distribution), Use Class E(g), E(a) and E(b) (Business, retail and food & drink).

Applicants: Innovation City (London) Ltd, trading as Here East

Agent: Deloitte LLP Innovation City (London) Ltd. Land Ownership: 5. SITE & SURROUNDINGS

5.1. The application relates to two vacant studios, Studios 9 & 10, within the former IBC, which is part of the larger development now known as Here East, located in the north-western corner of the Queen Elizabeth Olympic Park (QEOP) within the London Borough of Hackney. 5.2. Here East comprises three buildings, the IBC, the MPC and the Multi-Media Conference Room (MMCR). The former MPC is a permanent five storey (including lower ground floor) building measuring 24 metres in height adjacent to the River Lee Navigation. The MPC includes a business incubator, offices and retail uses, including the retail offerings at Canalside. The IBC is the largest of the three buildings and occupies the east of the site adjacent to Waterden Road. It currently has c.13,795 sq.m. of vacant floorspace, including the consented data centre. Current occupants include BT Sports, Staffordshire University, Loughborough University, Ford Mobility, Sports Interactive and The Trampery. The former MMCR was originally approved as a temporary building and sits at the north of the site between and linked to the MPC and IBC and is used as a theatre. 5.3. The Here East buildings form some of the largest and significantly scaled structures consented within QEOP as part of the Olympic and Legacy Facilities outline planning permission. The length of the former IBC’s east and west elevations are 122m, its north and south elevations have a length of 275m and it has a total floor area of 33,550sq.m (GEA). 5.4. To the north of the site is the Multi-storey Car Park (MSCP) and the A12 East Cross Route. The site is bounded to the west by the River Lee Navigation, beyond which is the residential area known as Wick Village, approximately 130m from the nearest part of the Here East campus. 5.5. The boundary of the Hackney Wick Conservation Area is approximately 100m to the southwest of the site, separated by Mossbourne Academy and the development parcels within Planning Delivery Zone 5 (East Wick) granted outline planning permission as part of the Legacy Communities Scheme (ref. 11/90313/VARODA as varied by 14/00036/VAR). 5.6. The Public Transport Accessibility Level (PTAL) for the site ranges between 1b and 2. Hackney Wick Station is approximately a 10-minute walk away, which is served by the London Overground, and Stratford Regional station is approximately 20 minutes’ walk which is served by London Underground services on the Jubilee and Central lines, two DLR branches, London Overground, TfL Rail and National Rail services. Nearby bus stops include those servicing the 388 on Waterden Road and the 236 in Hackney Wick. Here East also run a shuttle bus service connecting the campus with Stratford International Station and Stratford Regional Station. 5.7. Here East also benefits from transport provision which was agreed as part of planning permission (ref: 13/00534/FUM) including:

 2x Transport for London cycle docking stations (totalling 56 spaces);and  800 cycle parking spaces throughout the site.

6. RELEVANT PLANNING HISTORY

6.1. Planning permissions for modifications and the change of use of the three buildings within Here East were granted in March 2014 (ref. 13/00534/FUM and 13/00536/COU). These permissions authorised external alterations to the buildings and allowed for 115,755sq.m of commercial floorspace including data centre (Class B8), business / studios (Class B1), education (Class D1), conference and retail floorspace (B1/A1, A3, A4, A5). Floor spaces of the uses permitted are set out in Table 1 below. The permissions were subject to conditions and a s106 agreement. Business / studio (B1) 49,235 sq m

Data Centre (B8) 36,244 sq m

Education (D1) 9,043 sq m

Flexible business / retail (B1, A1, A3-5) 3,769 sq m

Conference (D2) 3,420 sq m

Retail (A1, A3-5) 2,534 sq m

Other (shared servicing space etc) 11,510 sq m

Total 115,755 sq m

Table 1: Floorspace permitted through planning permissions 13/00534/FUM and 13/00536/COU

6.2. Further to the above, and similar in scope to the current application, planning permission (ref: 18/00103/FUL) was granted in May 2018 for a change of use from Use Classes B8 (data centre) and flexible B1 (business) / A1, A3-5 (retail) to a mix of Use Classes B8 (storage), B1 (business), A1, A3-A5 (retail) and D1 (non- residential institution). This permission is in connection with the V&A research and collection facility which is due to open in 2023. 6.3. Three applications were also approved in 2019 for changes of use for different parts of the IBC:  Application ref: 19/001020/FUL permitted a change of use of 1,324 sqm of Level 02 floorspace from Use Class B1 (Business – Office) to Use Class B1 (Business – Office) and D1 (Non-residential institutions);  Application ref: 19/00217/FUL permitted the change of use of 187 sqm of ground floor space from ancillary substation to a mix of Use Classes B8 (storage), B1 (business), A1, A3-A5 (retail) and D1 (non-residential institution); and  Application ref: 19/00355/FUL permitted a change of use of 2,807 sqm of Use Class B1 (Business) floorspace to Use Class B1 (Business) and Use Class D1 (Non-Residential Institutions). 6.4. In addition to the above, LLDC’s Planning Policy and Decisions Team have also considered a number of applications for discharge of conditions and legal obligations related to the above permissions. Relevant to this application is application ref: 20/00125/106 which relates to the monitoring requirements of the Employment and Skills Strategy as per the requirements of the s106 agreement for 13/00534/FUM and 13/00536/COU.

7. APPLICATION PROPOSALS

7.1. Full planning permission is sought for a change of use of 12,514 sqm (GIA) of floorspace from the consented uses as a data centre (Use Class B8) and flexible business/retails (B1/A1), and food and beverage uses (A3-A5) uses, to Use Class B8 (storage and distribution), Use Class E(g), E(a) and E(b) (Business, retail and food & drink). 7.2. It should be noted that this application takes account of the changes to the Town and Country Planning (Use Classes) Order (1987) that were introduced in September 2020. Most significantly this includes Use Class E, a new class, which seeks to better reflect the ways that modern business and retail operate. 7.3. This application relates specifically to Studios 9 & 10 within the IBC. These studios are located within the central portion of the building, accounting for approximately half of the ground and second floor areas of the remaining data centre use, together with one business/flexible retail unit fronting onto the courtyard within the heart of the Here East campus.

Figure 1: Site Location Plan 7.4. The application seeks consent for the change of use of these studio spaces to allow for flexibility so that they can be used as content production facilities for media broadcast operating within Use Class E(g). The studios are considered to be suitable for this use noting the basis that content production operations require flexible spaces, capable of accommodating alternative set forms for film/TV production, or eSport gaming configurations for streaming and broadcast. The studios would also include space that could accommodate live audience members to contribute to the live atmosphere of content productions as per the arrangement at the nearby BT Sports studios. 7.5. The layout of the studios would be arranged to suit the needs of the operator; however, it is anticipated that it would include production suites/offices, back of house storage, production team/eSport player areas, areas for preparation/dressing rooms for production teams, and front of house welcome and reception areas. These areas would form part of the primary use of the demise of each operator. 7.6. The proposals would also allow for the provision of retail and food & beverage uses in this location. This could either be provided as uses which would be ancillary to the primary use as a media content production centre or it could be a stand-alone use of up to 486 sqm which would utilise the ground floor retail unit on the building’s ‘crust’ fronting onto the courtyard. This would be in keeping with the original 2014 consent. 7.7. The application also seeks to retain the Use Class B8 (storage and distribution) function as part of a range of possible uses in order to provide maximum flexibility and allow for future occupation of the space. 7.8. It is noted that the application boundary also includes a portion of the Gantry, the structure which is located on the eastern side of the building fronting onto Waterden Road. However, the application does not propose any external changes to this elevation with any changes required to suit the needs of future operators to be subject of further applications if necessary.

8. POLICIES & GUIDANCE

National Planning Policy Framework 8.1. The revised National Planning Policy Framework was published in 2019. This document sets out the Government’s planning policies for England including the presumption in favour of sustainable development. It is a material consideration in the determination of all applications. The policies in the NPPF are therefore material considerations in the determination of applications. 8.2. The following NPPF sections are relevant to this planning application: 4. Decision making 6. Building a strong, competitive economy 8. Promoting healthy and safe communities 9. Promoting sustainable transport 10. Supporting high quality communications 11. Making effective use of land 12. Achieving well-designed places 14. Meeting the challenge of climate change, flooding and coastal change 8.3. For the purposes of S.38(6) of the Planning and Compulsory Purchase Act 2004, the adopted ‘Development Plan’ for this site current is The London Legacy Development Corporation’s Local Plan 2020-2036 (July 2020) and the London Plan (March 2021). 8.4. The current planning application has been considered against all relevant national, regional and local planning policies as well as any relevant guidance. Set out below are those policies/guidance documents considered most relevant to the application, however, consideration is made against the development plan as a whole: The London Plan – (March 2021) 8.5. The following policies of the newly adopted London Plan (2nd March 2021) are relevant to this submission:

Policy Number Policy Name GG1 Building strong and inclusive communities GG2 Making the best use of land GG3 Creating a healthy city GG5 Growing a healthy economy GG6 Increasing efficiency and resilience SD1 Opportunity areas SD10 Strategic and local regeneration D5 Inclusive design D14 Noise E1 Offices E2 Providing suitable business space E8 Sector growth opportunities and clusters E9 Retail, markets and hot food takeaways E11 Skills and opportunities for all SI 1 Improving air quality SI 2 Minimising greenhouse gas emissions SI 3 Energy infrastructure SI 4 Managing heat risk SI 5 Water infrastructure SI 6 Digital connectivity infrastructure SI 7 Reducing waste and supporting the circular economy SI 8 Waste capacity and net waste self-sufficiency T1 Strategic approach to transport T2 Healthy streets T3 Transport capacity, connectivity and safeguarding T5 Cycling T6 Car parking T6.2 Office parking T6.3 Retail parking T6.5 Non-residential disabled persons parking T7 Deliveries, servicing and construction

The Legacy Corporation Local Plan (adopted July 2020) 8.6. The Legacy Corporation Local Plan (adopted July 2020) is the relevant Local Plan for the Legacy Corporation area. The most relevant policies of the existing Local Plan are listed below: Policy Number Policy Name SD.1 Sustainable development SP.1 A strong and diverse economy B.1 Location and maintenance of employment uses B.2 Thriving town, neighbourhood and local centres B.5 Increasing local access to jobs, skills and employment training BN.1 Responding to place BN.4 Designing development BN.6 Requiring inclusive design BN.11 Air quality BN.12 Noise T.4 Managing development and its transport impacts T.6 Facilitating local connectivity T.7 Transport assessments and travel plans T.8 Parking and parking standards in new development T.9 Providing for pedestrians and cyclists SP.5 A sustainable and healthy place to live and work S.1 Health and wellbeing S.2 Energy in new development S.3 Energy infrastructure and heat networks S.4 Sustainable design and construction S.6 Increasing digital connectivity etc. S.7 Planning for waste S.9 Overheating and urban greening S.8 Waste reduction S.12 Resilience, safety and security 4.2 Bringing forward new connections to serve new development SA1.5 East Wick and Here East 8.7. Other relevant material considerations:

Mayor of London – Olympic Legacy (2012)

Mayor of London – Accessible London: Achieving an Inclusive Environment (2014)

9. CONSULTATIONS

9.1. Two site notices were erected within the vicinity of the application site on 18th February 2021 whilst a press advertisement was also placed within Hackney Today on 25th February 2021. 9.2. No comments from local residents or businesses had been received at the time of writing. However, it is noted that the 21-day consultation period will not expire until 18th March 2021. Should any comments be received in the intervening period they will be reported to members at Planning Decisions Committee on 23rd March 2021. 9.3. Consultation also took place with a range of relevant stakeholders including LB Hackney, Transport for London, Wick Village Tenants Management Association, Mossbourne Riverside Academy and Gainsborough Primary School. A summary of the responses received to date are set out in the table below. Again, any comments received between publication of the report and Planning Decisions Committee will be reported to members at the meeting. LLDC – Design Responded to confirm that they had no objections to the application.

Arup (PPDT’s Responded to confirm that they had no objections to the Environmental application proposals subject to a condition relating to noise Consultant) from plant equipment.

Officer comment:

Condition controlling noise from plant equipment included in recommendation (Condition 8)

Jacobs Responded to confirm that they had no objections to the (PPDT’s application proposals subject to conditions relating to car Transport park management and event management. Consultant) Officer comment:

Conditions dealing with car park management and event management included in recommendation (Conditions 4 and 7)

Planning Decision Committee Briefing 9.4. The proposal was presented to Members on 23rd February 2020. The discussion focused on the following points:  Employment –some concerns raised that the successes of the site are not benefiting local people. Benefits arising from the proposed change of use should be maximised for local people. Some concerns were also expressed in relation to the amenities of the site for lower income workers.  Transport – concerns were expressed in relation to the capacity of the Here East shuttle bus and its accessibility for people with disabilities, particularly during peak hours.  Use – queries were raised over alternative uses within the proposed use classes and what the spaces could be used for should the intended use for media content production not come forward.  Sustainability – concerns were raised in relation to additional air conditioning required for media content production and the likely need for further air conditioning. It was queried whether this could be achieved naturally through interventions to the building in order to provide natural ventilation.

10. ASSESSMENT OF PLANNING ISSUES

Principle of Land Use 10.1. The key land use issue associated with this application is the expansion of the existing permissible uses for these two studios to include Use Class E(g) of the amended Order. This is noting the fact that this application seeks to retain the option of Use Class B8 as originally permitted, whilst the option of retail/food and beverage uses which also form part of this application, is also in keeping with the original permissions (application refs: 13/00534/FUM and 13/00536/COU). Further discussion on potential B8 and retail/food & beverage uses is found at paras. 10.12 and 10.20 of this report. 10.2. The proposed additional use, Use Class E(g) of the amended Use Class Order, relates to commercial/business uses which can be carried out in a residential area without detriment to its amenity. For the purposes of clarification, such uses would have formerly been captured under Use Class B1 (a, b and c) of the Order, prior to their amendment in September 2020. 10.3. In assessing the acceptability of this additional use, together with the potential loss of Use Class B8, it is important to understand the strategic function that Here East plays and whether the proposed additional use would undermine this function and be acceptable in planning policy terms. 10.4. The Local Plan identifies Here East as a Strategic Industrial Location (SIL) based on the strategic technology function that the campus provides. It describes the cluster function as being a range of complementary employment uses within B1 and B8 Use Classes, D1 and higher/further education uses, including creative and technology-based industries, light industrial uses, offices, research and development, media, broadcasting and production uses, culture/arts and smaller workshops. It also supports small-scale retail and leisure. 10.5. Table 3 of the Local Plan, together with Site Allocation Policy SA1.5, gives specific guidance on development at the Here East campus and states that development will be supported which complements the media, education, technological and creative functions including light industrial; storage and distribution; flexible B1c/B2/B8 use class floorspace and/or small-scale subsidiary retail, leisure and other ‘walk-to’ services. Opportunities for intensification and redevelopment of under-utilised areas for activities falling within the identified use classes will be supported. 10.6. In light of the above guidance, it is considered that the proposed additional use class for these two studios, to allow for media content production, would be acceptable in the context of Here East as a strategic cluster for technological industries. The proposed use would dovetail with existing similar uses at the campus and would support the media, creative and technological function of Here East as a whole. 10.7. It is also noted that the submission makes specific reference to the studios being utilised for eSports content production. Such a use would successfully complement and have synergy with the work undertaken by Staffordshire University’s eSports and gaming faculty (which is consented nearby on the Here East campus) and the emerging wider strategy for eSports in the area, including the use of the Copper Box Arena for eSports tournaments. 10.8. The two studios that are subject of this application are currently vacant and have been vacant since Here East became operational. It is considered that the principle of the additional use class will support Here East in identifying an end user for these under-utilised spaces as per Local Plan guidance. Noting the success of the nearby BT Sport studios, media content production is considered to be an appropriate use for these otherwise difficult internal spaces with no access to natural light. 10.9. Class E of the amended Order covers a range of business uses which can be carried out in a residential area without detriment to its amenity. These include offices to carry out any operational or administrative functions, research and development, and light industrial processes. The documents submitted in support of this application make reference to a proposed use for media content production. However, in the event that this use does not come forward for one or both of the units, it is considered that alternative uses within Use Class E(g) would be compatible with the strategic employment function of the site and acceptable here. 10.10. Whilst the application seeks to retain Use Class B8 as a potential option for these two studio spaces, it is acknowledged that the introduction of Use Class E(g) raises the possibility of the potential loss of 12,514 sqm (GIA) sqm of Use Class B8 space from the consented scheme. However, this is considered to be acceptable on land use grounds noting that the B8 use was consented as a data centre. There is no longer a significant demand for this use given that the technological requirements for data centres has fundamentally changed since the original consent was granted. Specifically, there has been the mass adoption of ‘cloud’ based services which has reduced the number and scale of data centres, whilst IT infrastructure has also improved meaning that physical space requirements for data centre uses have significantly reduced. As such it is likely that the use of the studios as a large data centre would never be implemented. 10.11. Furthermore, the proposed use for media content production is likely to significantly increase the number of full-time employment opportunities that the space could deliver in comparison to its potential use as a data centre. Using the HCA’s Employment Density Guide (2015), the proposed data centre use (assuming all of the space was used for such purposes) has the potential to deliver up to 70 full time jobs. However, using the assumptions for B1c light industrial floor space (which is considered to be the most comparable use noting the amendments to the Use Class Order), it is considered that up 253 full time jobs could be created – an uplift of 183 jobs. This again assumes that all of the space would be used for media production purposes. The reality is that the inclusion of any ancillary or standalone retail/food & beverage use would reduce this figure; officers are satisfied that this intensification of job densities is compliant with both Local Plan Site Allocation Policy SA1.5 and Policy B.2(5a) which requires proposals involving a change from B8 floorspace to re-provide floorspace capacity and increase job densities within other similar uses. This application is considered to do both. 10.12. Whilst it is acknowledged that the use of the studios as a large data centre is unlikely, in order to ensure that no other use within Use Class B8 could be implemented which would be at odds with the strategic function of Here East as a media and technology centre, a condition is recommended (Condition 3) which requires any B8 use to as a data centre use only. 10.13. Policy B.5 of the Local Plan deals with increasing access to jobs, skills and employment training. It states that, through development proposals, LLDC will maximise participation in current local skills and employment training initiatives, and the use of local labour agreements to secure a proportion of construction and end-user jobs for local residents. It states that Section 106 Agreements will be sought for major development proposals and where necessary, other applications to secure appropriate commitments and targets for employment skills, training and job opportunities for local residents. 10.14. In relation to the above, it should be noted that the original planning permissions for the Here East campus (application ref: 13/00534/FUM and 13/00536/COU) included a s106 Agreement with legal obligations for employment and skills targets within the occupation phase of the development. Specifically, this requires the developer to use reasonable endeavours to require contractor and tenants to:  Ensure the recruitment of Local Residents account for at least twenty-five per cent (25%) of end use jobs in all categories of use granted.  Promote and encourage the payment of all employees employed at the Development at least the London Living Wage.  Provide work-based training opportunities, including apprenticeship opportunities at the Development for five per cent (5%) of the end-use workforce and of those at least fifty per cent (50%) shall be offered to Local Residents.  To participate in and support the Legacy Careers Project so long as such project exists. 10.15. The s106 Agreement also required the developer to submit an Employment and Skills Strategy prior to first occupation of the development; with the developer required to review and (if necessary) refresh this strategy on an annual basis, to be submitted as part of the annual monitoring requirements. 10.16. The original Employment and Skills Strategy (ref: 15/00401/106) was approved in January 2016, with the most recent version (ref: 20/00125/106) covering the monitoring period for 2019. An updated Employment and Skills Strategy, taking account of this proposed change of use, has been submitted alongside this application. It will require the operator(s) of these studios to take reasonable endeavours to comply with the employment, training and skills targets as set out at para. 10.14. A condition is recommended (Condition 12) which requires the development to be carried out in accordance with this Employment and Skills Strategy. It is considered that this approach ensures that the proposals are in keeping with the aims of Policy B.5 of the Local Plan in terms of increasing local access to jobs, skills and training. 10.17. It should be noted that the most recent version of the Employment and Skills Strategy provides a series of case studies relating to initiatives undertaken by Here East partners in relation to employment and skills. This explains the initiatives that have been undertaken such as A New Direction, EAST Education Summer School, 3D & VR Training Academy, BT Sport’s Apprenticeship Scheme, Engineer Here, and outreach programmes by Loughborough University and Staffordshire University, all of which seek to engage the local community in employment opportunities, apprenticeships, training and skills. 10.18. In respect of the monitoring of the employment and skills targets as per the original s106 Agreement, the submitted information for 2019 states that 26% of employees across the campus are local residents, that all operators pay the London Living Wage and that 5.5% of all employees are on apprenticeships or other work-based training schemes. 10.19. It is noted that the application also includes provision of retail and food & beverage uses under Use Class E(a) and E(b). This is considered to be acceptable noting that the original permissions (ref: 13/00534/FUM and 13/00536/COU) permitted such uses to the perimeter of the building, in keeping with the architect’s (Hawkins Brown) original vision of an ‘active’ crust to the building. This approach also complies with Site Allocation Policy SA.1.5 which supports secondary retail and leisure uses and efforts to activate the yard area at the centre of the Here East campus. 10.20. In order to give comfort that any standalone retail and/or food & beverage use would be secondary in function, a condition is recommended (Condition 3) which limits the amount of such floorspace to 486 sqm, equating to the floorspace of the existing retail/business unit on the western edge of the building, fronting onto the yard area. The condition is worded to require any standalone retail or food and beverage use to be located on this western edge, as opposed to elsewhere within the demise of the application, to ensure that the courtyard benefits from the activity that these uses would bring. Limiting the amount of standalone retail floorspace keeps the limit of such a use as per the original permission and ensures there would be no adverse impact on local centres as per Policy B2 of the Local Plan. 10.21. In light of the above assessment, it is considered that the principle of the change of use of these studios is acceptable, subject to the assessment of all other planning considerations listed within this report. Design 10.22. As discussed at para. 1.8, this application does not propose any external changes to the building. However, it is acknowledged that the application proposals seek to include ‘active frontage’ uses to the side of the IBC. This is considered to be in keeping with the original architect’s design ethos of a ‘core’ and a ‘crust’. The ‘crust’ or the edge of the building, particularly fronting the yard, is intended to be active where possible, lending this central space within the campus a more vibrant character and providing visual interest. Condition 3 requires any standalone retail of food and beverage use to be located here and activate the courtyard in keeping with with Local Plan Policy BN.4 which requires development to contribute towards distinctive, legible and sustainable places. It also complies with Site Allocation Policy SA1.5 which indicates the locations where active frontage uses are encouraged within the Here East campus. 10.23. Whilst the application does not propose any external changes, it is noted that the demise of the two studios includes the gantry structure on the eastern side of the IBC, fronting Waterden Road. Given this, it is considered prudent that the permission is tied into the requirements of the Gantry Design Code which was approved under application ref: 16/00640/AOD. This is recommended to be secured through Condition 9. 10.24. The internal design and layout of the studios do not require planning permission and are intended to be flexible to meet the needs of the end users. However, an informative is included within the recommendation reminding the applicant of the requirement for internal spaces to be compliant with Part M of the Building Regulations (2010) to ensure that the studio spaces and ancillary uses feature an appropriate level of inclusive design. Transport 10.25. Policy T.4 of the Local Plan provides guidance on managing development and its transport impacts to promote sustainable transport choices and minimise reliance on the private car, to ensure that the development of the legacy area is optimised. It also seeks to promote the Healthy Streets Approach set out in the London Plan in order to increase journeys through walking, cycling and public transport. It also seeks to ensure that new development should be related to the capacity of existing, or currently planned improvements, to transport infrastructure, and is also designed to include measures that will minimise its impact on public transport and the highway network. 10.26. Policy T.9 of the Local Plan builds on the requirements for pedestrians and cyclists and includes guidance on parking provision for cyclists which should meet or exceed the current London Plan standards. In terms of the London Plan standards, the new plan was written and submitted to the Secretary of State prior to the amendments to the Use Class Order in September 2020. A GLA explanatory note on how the amended Use Class Order applies to the new London Plan specifies that the standards for B1 uses is applicable for the new E(g) Use Class. 10.27. In terms of trip generation, the submitted Transport Assessment has based the methodology on BT Sport and adjusted to reflect the characteristics of the application site including floorspace. This approach, which has been reviewed by PPDT’s Transport Consultant, is considered to be acceptable as noting that it is based on first principles and that the proposed media content production operations are to be similar to BT Sports. 10.28. The Transport Assessment takes into account staff journeys and those of a predicted audience of 300 (150 audience members per studio). It identifies that in the peak hour, 17.00-18.00, there would be a total of 405 trips, including 135 by staff members and 270 by audience members. 10.29. The majority of these trips, 69%, would be made on public transport including London Bus, London Underground, London Overground, TFL Rail, National Rail and the Here East Shuttle Bus. The Transport Assessment demonstrates that these numbers are not overly significant in terms of transport capacity and that they could be accommodated on local bus services and rail services at Hackney Wick and Stratford. 10.30. This would be supplemented by the complementary Here East Shuttle Bus Services. Although this service is not secured in planning terms, it is noted that Here East have written to the Executive Director of Planning Policy and Decisions on 9th March 2020 to confirm their intention to operate the shuttle bus for at least another until TfL services are improved at this end of QEOP. The shuttle bus operates between 07.00 and 23.00, providing capacity for approximately 13,800 passengers a day, with services managed to address fluctuations in demand and any events within the campus. The buses were upgraded in 2017 to kneeling buses in order to accommodate a range of users. 10.31. A further 20% of journeys in the PM peak would be made by walking and cycling. The pedestrian and cycling routes within the vicinity of the site and QEOP offer good connections to wider networks and nearby neighbourhoods, including the nearby towpath which provides links to the CS2 Cycle Superhighway and the Q6 Quietway. It is considered that these additional journeys can be accommodated within the established pedestrian and cyclist connections in the vicinity of the site. Further discussion on cycle parking is found at para. 10.34. 10.32. The remaining 11% of journeys would be made by car, taxi and motorcycle which is acceptable given the relatively low PTAL rating of the site. It is considered that these additional journeys would not significantly affect the local road network. In terms of car parking, Here East benefits from car parking provision of 289 spaces within the adjacent multi-storey car park to the north-west of the campus. The exact number of spaces to be allocated to the proposed development has not yet been agreed; however, it is expected to be in the region of 20-40 spaces. A condition (Condition 4) is attached to ensure that these spaces are managed in accordance with the existing Car Park Management Plan as approved under application ref: 14/00006/AOD. 10.33. Given that no end user of these studios has been appointed the precise numbers of audiences is unknown. The 300-person capacity used within the Transport Assessment is based on BT Sports audience numbers. However, at the request of officers, a sensitivity test was also included in the Transport Assessment with an increased capacity of 500 audience members. Despite the additional 200 audience members it is considered that they can accommodated sufficiently within local transport networks. Given the amount of ‘back-of-house’ floorspace requirements, together with health and safety legislation, it is unlikely that the proposed studio spaces could accommodate audiences larger than this. However, as per the V&A consent (ref: 18/00103/FUL) a condition (Condition 7) is recommended requiring the submission of an Events Management Plan to deal with any audiences of larger sizes if required by the operator, together with any coincidental events at BT Sports and the V&A facility. 10.34. In terms of cycle parking, using the cycle parking requirements as set out in the London Plan, the proposed development generates a requirement for 53 long-stay cycle parking spaces for staff and 13 short-stay spaces for visitors. However, it is noted that Here East originally delivered 800 cycle parking spaces upon opening, including an overprovision of 183 cycle parking spaces (including 155 long-stay and 28 short-stay). Monitoring of cycle parking undertaken in 2019 demonstrates that there is more than 50% spare capacity within this provision. As such it is considered that the cycle parking requirements generated by this development can be accommodated within the over-provision of cycle parking spaces that are already delivered at the Here East Campus. Long-stay parking is provided in secure stores in close proximity to the studios subject to this application, whilst short-stay parking is available in convenient locations in the public realm. Ten per cent of the parking spaces delivered are in the form of Sheffield stands which have been spaced in order to accommodate a range of bicycle types including tricycles and cargo-bikes. This exceeds the 5% provision set out within the London Cycle Design Standards. 10.35. Finally, in terms of deliveries and servicing, based on the BT Sports operation, the proposed media content production use is anticipated to result in 4 servicing trips per day. It is considered that these trips can easily be accommodated within the surrounding highway network and that there is more than sufficient capacity within the two off-street Here East loading bays to deal with these, together with any delivery and servicing trips generated by potential standalone retail/food & beverage uses. Deliveries and servicing across the entire Here East campus are managed by the Service and Deliveries Plan approved under application ref: 13/00534/FUM. A condition (condition.5) is recommended requiring this permission to also operate in accordance with these details. 10.36. In summary, it is considered that the transport related matters arising from the proposed development are acceptable. Subject to the aforementioned conditions it is considered that the proposals are policy compliant and would not result in any undue impacts upon transport capacity or safety. The additionality resultant from the proposed change of use is not considered to be significant enough to require any further transport mitigation beyond that secured under the original s106Agreement including contributions towards pedestrian and cycling routes, cycle hire and Hackney Wick Station. Environmental Matters 10.37. The proposals do not involve any external works. The proposed change of use would make use of two vacant units within the IBC, which, as noted by PPDT’s Environmental Consultant, Arup, has already been subject to rigorous environmental assessment under the original consents (refs: 13/00534/FUM and 13/00536/COU) and that the proposed change of use would not change this conclusion. 10.38. In terms of air quality, this was considered in detail in the previous Environmental Statement, particularly in relation to the consented data centre use and the associated diesel backup generators. The previous Environmental Statement concluded that Here East would have a negligible effect on sensitive receptors from road traffic emissions. The proposed use would not generate a significant uplift in vehicle movements above the consented baseline and therefore is not considered to change this conclusion. 10.39. In terms of noise, the proposed use is unlikely to result in higher noise emissions than the data centre previously proposed. Noise emissions from plant associated with the data use was limited by Condition IBC.43 of the original consent. This condition is also included as part of the recommendation (Condition 8) to ensure consistency across the Here East campus and to ensure that the amenity of any future residents of the East Wick development are suitably protected noting that plant equipment would be located on the gantry. As per the V&A consent, conditions are also imposed in relation to gantry operations (Conditions 9, 10 & 11) to protect the amenity of future residents. 10.40. With regards to energy and sustainability, as per the original consent, the IBC has been designed to a high level, achieving BREEAM Excellent and also connecting into the QEOP District Heat Network. At the time of writing officers were considering wording of a condition which would seek to ensure that a high level of sustainability would be achieved through the change of use. This will be reported at Planning Decisions Committee.

11. HUMAN RIGHTS AND EQUALITIES IMPLICATIONS

11.1 Members should take account of the provisions of the Human Rights Act 1998 as they relate to the application and the conflicting interests of the Applicant and any third party opposing the application in reaching their decisions. The provisions of the Human Rights Act 1998 have been taken into account in the processing of the application and the preparation of this report. In particular, Article 6 (1), of the European Convention on Human Rights in relation civil rights and a fair hearing; Article 8 of the ECHR in relation to the right to respect for private and family life and Article 1 Protocol 1 of the ECHR in relation to the protection of property have all been taken into account. 11.2 In addition, the Equality Act 2010 provides protection from discrimination in respect of certain protected characteristics namely: age, disability, gender reassignment, pregnancy and maternity, race, religion, or beliefs and sex and sexual orientation. It places the Local Planning Authority under a legal duty to have due regard to the advancement of equality in the exercise of its powers including planning powers. Officers have taken this into account in the assessment of the application and Members must be mindful of this duty inter alia when determining all planning applications. In particular Members must pay due regard to the need to:  eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act;  advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and  foster good relations between persons who share a relevant protected characteristic and persons who do not share it. 11.3 Officers are satisfied that the application material and Officers’ assessment has taken into account these issues. Officers consider that the effects of the proposal would not be so adverse as to cause harm and justify a refusal of consent or permission.

12. CONCLUSION

12.1. The proposed development is considered to be in accordance with national, London and local plan policies and guidance. The proposal is considered to represent sustainable development as presumed in favour in the NPPF. 12.2. The proposed change of use to media content production is considered to be compliant with the strategic employment aspirations of the site, complementing existing technological uses within the Here East Campus. The proposals would bring opportunity for additional public benefit in terms of new jobs, together with additional opportunities for training and skills, all in a way which would maintain the design integrity of the International Broadcast Centre. The proposals are also considered to be acceptable on transport, environmental and amenity grounds, subject to conditions in order to mitigate impacts from the development. 12.3. It is therefore recommended that the Planning Decisions Committee should grant planning permission for the development proposed subject to the below conditions.

13. CONDITIONS

1) Time Period

The development to which this permission relates must be begun no later than three years from the date of this decision notice. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990.

2) Approved Plans

The development shall be carried out and retained as approved thereafter in accordance with the following drawings and documents:

[TBC]

Reason: To ensure that the development is undertaken in accordance and retained with the approved drawings.

3) Use Classes

Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 or the Town and Country Planning (General Permitted Development) Order (2015) (or any order revoking and re-enacting these Orders with or without modification), the application site shall be only be used as set out below and not for any other purposes (including other uses that fall within Use Class E of the Use Class Order).

 For business office space, research and development of products or processes, or any industrial process which can be carried out in any residential area (Use Class E (g))  Data centre falling within Use Class B8.  For the display or retail sale of goods (Use Class E(a)) and/or for the sale of food and drink principally to visiting members of the public where consumption of that food and drink is mostly undertaken on the premises (Use Class E(b)) where ancillary to the primary use of the premises, or up to 486sqm for standalone use(s) within Use Classes E(a) and E(b) which shall be restricted in their location to the area shown hatched area included on plan ref: XXX in order to provide active frontage to the courtyard area. Notwithstanding the provisions of Article 3 and Parts 3 and 4 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification) no changes of use, including through the prior approval process and temporary uses, shall occur at any time, with the exception of the uses permitted within this condition. Reason: To safeguard the strategic employment function of the application site and ensure that the development would not impact upon the vitality and viability of town centre locations in accordance with Policies SP1, B1, B2, BN.1 and BN.4 of the Local Plan (2020).

4) Car Parking Management

Car parking for the development shall be managed in accordance with the details set out in the Multi-Storey Car Park Management Plan (January 2014) approved under application ref: 14/00006/AOD or any updated revision of this plan which has been agreed in writing by the Local Planning Authority. Reason: To ensure proper management of the carpark and allocation of spaces in accordance with Policies BN.6 and T.8 of the Local Plan (2020).

5) Servicing and Deliveries Management

Servicing and deliveries for the development shall be carried out in accordance with the Servicing Management Plan (Rev. A) (14th November 2013) approved under application ref:13/00534/FUM or any updated revision of this plan which has been agreed in writing by the Local Planning Authority. Reason: To avoid obstruction of the surrounding streets and to limit the effects of the increase in travel movements within the locality as well as safeguarding public safety and the amenity of the surrounding area in accordance with Policy T.4 of the Local Plan (2020).

6) Travel Plan

The use hereby approved shall only be operated in accordance with the ‘Here East Commercial Facilities Travel Plan, Issue 3' as approved under application ref: 15/00308/AOD or any updated revision of this Plan which has been agreed in writing by the Local Planning Authority. Reason: To reduce reliance on private cars and to assist with the promotion of more sustainable travel choices in accordance with Policies T.4 and T.7 of the Local Plan (2020).

7) Event Management Plan

Prior to any events being held at the application site which would require an audience of more than 1000 people, an Event Management Plan shall be submitted to and approved in writing by the Local Planning Authority in consultation with Strategic and Local Transport Authorities and Event Management Coordination Manager for the Queen Elizabeth Olympic Park (QEOP). This shall include details of hours of operation, noise mitigation measures, the proposed arrangements for coordinating the use of the public realm of the site with other events in the QEOP, the provision of set down and pick up of spectators including facilities for bus, coach and taxis and measures to manage spectator travel and the coordination and control of car parking when Events are taking place. A schedule of intended Events and other programmed activities held in outside areas of the site shall be submitted to the Local Planning Authority prior to any Events taking place and updated annually from the date of the submission of the first schedule. Events shall be held only in accordance with the Event Management Plan as approved and the Event Management Coordination Framework approved under reference 13/00088/AOD (document reference Event Management Coordination Framework LCS-GLB-CONAPP-EMCF-001- V03 September 2013) or any subsequent version of that document approved in writing by the Local Planning Authority. Reason: To protect the amenities of local residents and users and to effectively coordinate the use of the site with other events taking place in the QEOP in accordance with Policies BN.12 and T.4 of the Local Plan (2020).

8) Noise Levels - Plant

All external building services and plant shall comply with all the noise mitigation measures identified in the iCity Environmental Statement Mitigation Measures (Appendix 2) (as approved under application ref: 13/00534/FUM) including the following noise emission levels: continuous operation: 48 dB LA eq.T; monthly generator testing: 62 dB LA eq.T and emergency operation: 66 dB LA eq.T (all measured at 1m from the facade of the nearest consented residential units on Waterden Road). Reason: To ensure that future residents in the area do not suffer a loss of amenity by reason of excess noise in accordance with Policy BN.12 of the Local Plan (2020).

9) Gantry Design Code

All development of plots, areas and units within the IBC Gantry shall comply with the IBC Gantry Design Code approved under planning application ref: 16/00640/AOD (IBC Gantry Design Code). The plots areas and units shall be installed, retained and replaced in accordance with the design guidelines, process and other provisions of the IBC Gantry Design Code submitted as part of the application or as subsequently updated with the written approval of the Local Planning Authority. Reason: To secure high-quality design and detailing resulting in the satisfactory appearance of the development in accordance with Strategic Policy SP.3, Policies BN.1, BN.2 and BN.4 of the Local Plan (2020).

10) Gantry Works

Prior to the commencement of use of any units in the light blue plots identified in the IBC Gantry Design Code (referred to in Condition 9 above), detailed plans and elevations of the units, including details of any signage and lighting, shall be submitted to and approved in writing by the Local Planning Authority. The units shall be retained or replaced in accordance with the approved details and other provisions of the Gantry Design Code. Reason: To secure high-quality design and detailing resulting in the satisfactory appearance of the development in accordance with Strategic Policy SP.3, Policies BN.1, BN.2 and BN.4 of the Local Plan (2020).

11) Gantry Operations Schedule

Prior to first use of the Gantry, a Gantry Operations Strategy shall be submitted for written approval to the Local Planning Authority. The Strategy shall set out details of operational hours of use, servicing and deliveries and the means by which noise is controlled including proposed maximum noise levels. All units on the Gantry shall be operated in accordance with the approved Strategy. Reason: To ensure that future residents in the area do not suffer a loss of amenity by reason of excess noise in accordance with Policy BN.12 of the Local Plan (2020).

12) Employment and Skills Plan

The use hereby approved shall be operated in accordance with the ‘Supplementary Occupation Phase Employment and Skills Strategy IBC – Studios 9 & 10 (2021) or any updated revision of this Plan which has been approved in writing by the Local Planning Authority. Reason: To secure appropriate commitments and targets for employment skills, training and job opportunities for local residents in accordance with Policy B.5 of the Local Plan (2020).

13) BREEAM/Sustainability Condition

[TBC]

Informatives:

1) This planning permission relates solely to the change of use of floorspace contained within the IBC. Any external changes will require a separate planning permission to be in place. The Local Planning Authority will expect an application to be submitted in advance of any works. 2) In line with Paragraph 120 of the NPPF the applicant is reminded that where a site is affected by contamination responsibility for securing a safe development rests with the developer and/or landowner. 3) The applicant is reminded of the need for development to comply with Part M of the Building Regulations (2010) in order to achieve an appropriate level of inclusive design.

List of Appendices:

Appendix 1: Site Location Plan Appendix 2: Studio 9 Demise Plan Appendix 3: Studio 10 Demise Plan

Appendix 1: Site Location Plan

Appendix 2: Studio 9 Demise Plan

Appendix 3: Studio 10 Demise Plan