Committee: Date: Planning and Transportation 14 May 2020 Subject: Public Site Bounded By Fenchurch Street, Mark Lane, Dunster Court And Mincing Lane. London EC3M 3JY i) Demolition of 41-43 Mincing Lane, 40-54 Fenchurch Street, former church hall and the Clothworkers' Hall and its redevelopment to provide a new building comprising four levels of basement (including a basement mezzanine level), ground, mezzanine, plus part 9, 31 and 35 storeys plus plant containing offices (B1) and flexible shop/financial and professional services/cafe and restaurant uses (A1/A2/A3) at ground floor level; and flexible shop/cafe and restaurant/drinking establishment uses (A1/A3/A4) at levels 10 and 11, including winter garden (Sui Generis); ii) Reprovision of the Clothworkers' accommodation (Sui Generis) within part ground, part first, part second and part third floors and four levels of basement (including a basement mezzanine level); iii) Creation of ground level public access to level 10 roof garden and basement level 1 to Grade II Listed crypt; iv) Dismantling, relocation and reconstruction of the Lambe's Chapel Crypt to basement level 1 and associated exhibition accommodation (Sui Generis) (listed Grade II); v) Alterations to and conservation of the Grade I Listed Tower of All Hallows Staining; vi) Provision of new hard and soft landscaping and other associated works. (The total proposed floor area of the new building is 94,336sq.m GIA, comprising 88,064sq.m of office floorspace, 289sq.m of flexible retail floorspace (A1/A2/A3), 550sq.m of flexible retail floorspace (A1/A3/A4),789sq.m of livery hall floorspace, 214sq.m of crypt floorspace and 430sq.m of winter garden floorspace. The building would rise to a maximum height of 149.6m when measured from the lowest office ground floor level, 165.1m AOD.) This application is accompanied by an Environmental Statement which is available for inspection with the planning application. Copies of a CD containing the Environmental Statement may be obtained from Gerald Eve LLP, 7 Welbeck Street, London, W1G 0AY. Ward: Tower For Decision Registered No: 19/01307/FULEIA Registered on: 12 December 2019 Conservation Area: No Listed Building: No Summary Planning permission is sought for: - Demolition of 41-43 Mincing Lane, 40-54 Fenchurch Street, former church hall and the Clothworkers' Hall and its redevelopment to provide a new building comprising four levels of basement (including a basement mezzanine level), ground, mezzanine, plus part 9, 31 and 35 storeys plus plant containing offices (B1) and flexible shop/financial and professional services/cafe and restaurant uses (A1/A2/A3) at ground floor level; and flexible shop/cafe and restaurant/drinking establishment uses (A1/A3/A4) at levels 10 and 11, including winter garden (Sui Generis); - Re-provision of the Clothworkers' accommodation (Sui Generis) within part ground, part first, part second and part third floors and four levels of basement (including a basement mezzanine level) - Creation of ground level public access to level 10 roof garden and basement level 1 to Grade II Listed Lambe's Chapel Crypt - Dismantling, relocation and reconstruction of the Lambe's Chapel Crypt to basement level 1 and associated exhibition accommodation (Sui Generis) (listed Grade II) - Alterations to and conservation of the Grade I Listed Tower of All Hallows Staining; vi) Provision of new hard and soft landscaping and other associated works. Listed building consent is sought for: - Alterations to and conservation of the Grade I Listed Tower of All Hallows Staining.' (19/01283/LBC) - Listed building consent for 'Dismantling, relocation and reconstruction of the Grade II Listed Lambe's Chapel Crypt to basement level one including the provision of public access and associated exhibition (Sui Generis).' (19/01277/LBC) The following recommendation relates to the planning application. There is a separate recommendation before your Committee relating to the two related applications for Listed Building Consent. Both this application and the related listed building consent applications are considered in this report. Representations objecting to the proposals have been received from Historic Royal Palaces (HRP), the London Borough of Tower Hamlets, Generali (who run the roof garden at 120 Fenchurch Street) and Richard Bennett. Representations supporting the proposals have been received from the City Heritage Society, the Reverend Arani Sen representing St Olave’s Church, Georgina Graham on behalf of the Archdeacon of London, the Drapers Company, the Merchant Taylors Company, the Carpenters Company and the Mercers Company. The scheme is of a high-quality design and features a number of innovative features including extensive urban greening. It provides a significant increase in office floorspace meeting one of the primary objectives of the City's Local plan and London Plan policies. It results in some loss of retail on a Retail Link but this is considered acceptable when taking into account the nature of the development and the other benefits of the scheme. It provides an increase and significant enhancement of the public realm through the widening of pavements, the creation of a widened route from Fenchurch St, the provision of a new high quality public space around the listed Tower and a new free to visit roof level space at level 10 of quality, affording views, seating and promenading space and a winter garden accessed off it. The extent of new public realm will represent a significant uplift on the existing area. Whilst it is accepted that the proposed development would reduce the amount of sunlight received by the roof garden at 120 Fenchurch Street, it is considered that the public benefit created by the proposed roof garden and public realm would outweigh this harm. The scheme includes conservation work to the listed Tower and the relocation of the listed Lambe's Chapel Crypt and the provision of a public exhibition space to which public access is provided which are a significant cultural heritage benefit of the scheme. However, elements of those works would cause a degree of harm to certain features and interests of the Tower and harm to the Crypt, and great weight has been given to the desirability of their preservation. After applying the relevant statutory tests and NPPF criteria there is considered to be clear and convincing justification for the harm. The scheme provides a new Livery Hall for the Clothworkers? Company, which is their 7th on the Site which meets their requirements and provides the incorporation of a number of important artefacts associated with the Company including their Gates. The impact on neighbouring buildings and spaces has been considered. The scheme would not result in unacceptable environmental impacts in terms of noise, air quality, wind, daylight and sunlight and overshadowing. The impact on daylight and sunlight/ overshadowing has been thoroughly tested. Whilst the loss of aspect and the overshadowing of the public roof garden at 120 Fenchurch St has a detrimental impact it is not considered that the impacts would cause unacceptable harm such as to warrant a refusal of planning permission in that a further high quality roof level space is being provided with aspect and amenity. The proposal would be in compliance with Local Plan Policies DM 10.7 and DM21.3 and policies 7.6 and 7.7 of the London Plan. The scheme would make optimal use of the capacity of a site with high levels of public transport accessibility and would be car free. The proposal would require deliveries to be consolidated and would reflect servicing measures sought for other major developments in the City. The servicing logistics strategy would be incorporated in the Delivery and Servicing Management Plan. The proposal would be in compliance with Local Plan Policies DM16.1, DM16.5 and 6.13 of the London Plan. 1248 long term bicycle spaces would be provided with associated shower and locker facilities. The number of short term spaces at 42 would not be compliant with requirements but need to be balanced against the other public realm benefits. This apart the scheme is in compliance with Local Plan Policy 16.3 and London Plan Policy 6.9. The scheme would provide benefits through CIL for improvements to the public realm, housing and other local facilities and measures. That payment of CIL is a local finance consideration which weighs in favour of the scheme. In addition to the general planning obligations there would be site specific measures secured in the S106 Agreement. Together these would go some way to mitigate the impact of the proposal. Planning of the City Cluster has sought to safeguard the immediate setting of the Tower of London in accordance with guidance and to step the height of development away from the Tower so that it rises to a peak some way from the Tower. This scheme immediately to the south of the eastern cluster introduces a taller element closer to the Tower of London which sits comfortably with the Eastern Cluster. In relation to other designated and non-designated heritage assets, it is considered that the proposed development would not harm their significance or setting. Virtually no major development proposal is in complete compliance with all policies and in arriving at a decision it is necessary to assess all the policies and proposals in the plan and to come to a view as to whether in the light of the whole plan the proposal does or does not accord with it. The Local Planning Authority must determine the application in accordance with the development plan unless other material considerations indicate otherwise. In this case, while the proposals are considered in compliance with a number of policies, they are not considered to be in compliance with the development plan as a whole due to non-compliance with the retail policies identified above.