Committee: Date: Item no.
Planning and Transportation 6 September 2011
Subject: 61 St Mary Axe, 80-86 Bishopsgate, 88-90 Bishopsgate, 12-20 Camomile Street, 15-16 St Helen's Place And 33-35 St Mary Axe (North Elevation Only), London EC3 (100 Bishopsgate) Amendments to planning permission 06/00796/FULEIA dated 28 May 2008 for the erection of three building to comprise office (B1), retail (A1-A4), Library (D1) and Livery Hall (Sui Generis) uses with associated public space and landscaping, disabled car parking, cycle parking, servicing and plant.
Wards: Bishopsgate and Lime Street Public For Decision
Registered No: 11/00332/FULEIA Registered on: 28 April 2011
Conservation Area: St Helen's Listed Building: No Place
UDP Policies: CS1 CS2 CS3 CS4 CS7 CS10 CS12 CS13 CS14 CS15 CS16 CS18 CS19 CS20 REC2 REC7 SHOP2 SHOP3 SHOP4 UTIL6 TRAN7 TRAN11 TRAN18 TRAN21 TRAN22 TRAN23 ENV2 ENV6 ENV8 ENV10 ENV11 ENV13 ENV28 ENV35 ENV36 ARC1 ARC2 IMP3 IMP6
Summary Planning permission was granted in 2008 for the construction of two buildings of 7 storeys and one building of 39 storeys, providing office and retail space, a public library and a Livery Hall on this site. Amendments are proposed to the scheme for which a new planning permission is needed. An Environmental Statement accompanies the application. The amended proposal has been considered taking into account changed policies and circumstances since 2008. It is concluded that in relation to a scheme of this size the amendments are minor and the proposal accords with the development plan and that it is acceptable subject to conditions and an amendment to the existing Section 106 agreement as set out in the report. The conditions and Section 106 replicate and update where necessary the conditions of the existing planning permission.
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Recommendation I recommend that having taken into account the Environmental Information pursuant to Regulation 3(2) of the Town & Country Planning (Environmental Impact Assessment) (England & Wales) Regulations 2011: (a) Planning permission be granted for the above proposal in accordance with the details set out in the attached scheduled, subject to Planning Obligations and other agreements being entered into as set out in the body of this report, the decision notice not to be issued until such obligations have been executed; (b) That your officers be instructed to negotiate and execute obligations in respect of those matters set out in "Planning Obligations" under Section 106 and any necessary agreements under Section 278 of the Highway Act 1980; (c) That you agree in principle that the areas of public highway described in the report may be stopped-up to enable the development to proceed and, upon receipt of the formal application, officers be instructed to proceed with arrangements for advertising and making of a stopping-up Order for those areas, under the delegation arrangements approved by the Court of Common Council; (d) Authorisation be given to the City Planning Officer to prepare a statement pursuant to Regulation 21 of the Town & Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2011.
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc Site
1. The site is occupied by the following 5 buildings: -
a. 61 St Mary Axe, constructed in the 1970s, comprising an office building on ground and 6 upper floors.
b. 80-86 Bishopsgate, constructed in the 1980s, with ground and 7 upper floors plus roof plant, occupied by offices, a shop and a restaurant.
c. 88-90 Bishopsgate/1-9 Camomile Street, constructed in the 1970s, with ground and 8 upper floors, occupied by offices, 6 shops and a public house.
d. 12-20 Camomile Street, constructed in the 1950s, with ground and 10 upper floors, occupied by offices and a public lending library.
e. 15-16 St Helen‟s Place, constructed in the 1920s, with ground and 6 upper floors, occupied by the Leathersellers Company providing offices and a livery hall. This building extends through to Clark‟s Place.
The north elevation of 33-35 St Mary Axe is also included in order to enable an exposed flank wall to be treated.
2. The site is crossed by Clark‟s Place and Wrestler‟s Court which are public footways.
Proposal
3. In May 2008 planning permission was granted to demolish the 5 existing buildings and construct 3 new buildings. The facade of 15-16 St Helen‟s Place was to be retained and modified slightly.
4. In March 2011 a Non-Material Amendment was approved to facilitate the submission of minor changes to the development. A condition was added which required the development to be carried out in accordance with the drawings approved when the planning permission was granted. This enables minor material changes to be made under Section 73 of the Town & Country Planning Act 1990.
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc 5. Demolition commenced in April 2011 and the details required pursuant to some of conditions on planning permission 06/00796/FULEIA have been approved but no construction work has started.
6. Amendments are proposed that, although minor relative to the scheme as a whole, would result in a material change to the approved development. The changes are described and analysed in the Considerations section of this report.
7. An Environmental Statement was submitted with the 2006 application and a revised ES taking into account the changes to the scheme, policy changes and other circumstances accompanies the current application.
8. The ES is a means of drawing together, in a systematic way, assessment of a project‟s likely significant environmental effects. This is to ensure that the importance of the predicted effects and the scope for reducing them, are properly understood by the public and the competent authority before it makes its decision.
9. The Local Planning Authority must take the environmental information into consideration in reaching its decision.
Consultations
10. The views of other City of London departments have been taken into account in the preparation of this report. Some detailed matters remain to be dealt with under conditions and the Section 106 agreement.
11. Transport for London has no comment except to note that a Crossrail Contribution would be triggered.
12. English Heritage does not wish to comment.
13. The Retail Traders‟ Association has no objection.
14. The Environment Agency has no objection but requires conditions and informatives. These are similar to conditions imposed in 2008.
15. Heron International has expressed concern about the impact of the additional height on the public restaurant and bar at the top of Heron Tower which is now complete.
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc 16. A copy of the letter from Heron International is attached.
Policies
17. The development plan consists of the London Plan (adopted July 2011), the City of London Unitary Development Plan and the endorsed City of London Core Strategy. The relevant London Plan, UDP and Core Strategy policies that are most relevant to the consideration of this case are set out in the Appendix to this report.
18. At your Committee meeting on 21st July, Members agreed to recommend the adoption of the Core Strategy, which the Court of Common Council will consider on 8th September. On the adoption of the Core Strategy, over two- thirds of the Unitary Development Plan's policies will lapse.
19. At the date of your Committee meeting on 6th September the Core Strategy will not have been adopted and the UDP policies will still be in force. However, the Inspector's recommendations, which endorse changes to the Core Strategy, are binding, so there is effectively no discretion about accepting them. Consequently, very considerable weight should be given to the policies of the Core Strategy. The UDP policies that are due to lapse now carry minimal weight and are not included in the appendix.
20. There is relevant City of London and GLA supplementary planning guidance in respect of Planning Obligations, Sustainable Design and Construction, London Views Management Framework and Funding of Crossrail.
21. The most relevant Government Guidance includes:
PPS 1: Delivering Sustainable Development
PPS 4: Planning for Sustainable Economic Growth
PPS 5: Planning for the Historic Environment
PPG 13: Transport
PPS 22: Renewable Energy
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc Considerations
22. When considering a minor material amendment application it is necessary to take account of national and development plan policies, and other material considerations which have changed since the original grant of planning permission.
23. The major policy changes since 2006 have been modifications to the London Plan, publication of LDF Core Strategies and adoption of SPG on Sustainable Design and Construction and the London Views Management Framework. The policies and issues in these documents were taken into account when the earlier approved scheme was considered under similar polices of the London Plan and UDP and the minor amendments to the proposal do not raise new issues.
24. The other material changes since the grant of the existing planning permission are the completion of the Heron Tower immediately to the north at 110 Bishopsgate (47 storeys - 218m AOD) and approvals for redevelopment on the following nearby sites:
Heron Plaza (Stone House and Staple Hall) – 44 storey hotel, residential and retail building (150m AOD);
60-70 St Mary Axe - 25 storey office and retail building – (105m AOD);
6 Bevis Marks - 11 and 16 storey office and retail building - (88m AOD);
5-7 St Helen‟s Place – construction of a new livery hall for the Leathersellers‟ Company and offices.
25. The following changes are proposed to the consented scheme:
• an increase in the tower height of Building 1 with the addition of an extra office floor; • revised structural grid to Building 1; • internal changes within Building 1 and 2 with the replacement of the three trading/dealer floors with office floors; • changes to the foyer of Building 1; • an increase in height of the podium of Building 2 and the addition of an extra office floor;
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc • changes to the southern facade of Building 2 with facade details changed to match that on Building 1; • revised glazing facades to Buildings 1, 2 and 3; • revised lifting strategies; • changes to basements underneath Buildings 1 and 2; the basements to occupy a smaller footprint; • changes to the northern facade of Building 3; • changes to the public realm in line with proposed design changes to ground floor spaces (the planted wall to enclose St Ethelburga‟s walls is extended to link to St Mary Axe with a planted element in front of Building 3; • changes to the Energy Strategy to accord with the requirements of 2010 Part L Building Regulations, which will deliver an overall net reduction in carbon emissions. Offices
26. Building 1 on the Bishopsgate/Camomile Street corner and Building 2 on Camomile Street/St Mary Axe were originally designed to be used separately, each with its own service core and entrance or as one building and featured three large trading floors. The intention is now to replace the large trading floors with conventional office accommodation and use it all as one building and to provide the main entrance and foyer in Building 1.
27. The number of floors in Building 1 would increase from ground, mezzanine and 33 office floors (plus 4/5 plant floors) to ground mezzanine and 37 office floors (plus 2/3 full and 2 half floors of plant). Building 2, which was approved with ground mezzanine, 5 office floors and one floor of plant, would be increased by one further office floor. 28. The developer says these changes are to enhance the attractiveness of the development to potential occupiers and create office floors suitable for large financial institutions. 29. The proposed changes continue to meet the development plan policies to increase office floorspace and enhance and promote London as a strategically important, globally-oriented financial and business services centre. The changes in floorspace are set out at paragraph 37.
Livery Hall
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc 30. Building 3 includes a new Livery Hall and other accommodation for the Leatherseller‟s Company, with commercial offices on the upper floors. These uses were approved in 2008 but the Livery Company would now occupy only the ground and basement mezzanine and not the mezzanine and first floors as previously approved. 31. Planning permission was granted in 2010 for a new Livery Hall for the Leathersellers‟ Company at 5-7 St Helen‟s Place. The developer has indicated that the Livery Company‟s Hall is likely to be built at 5-7 St Helen‟s Place, in which case they will make a separate planning application for the Livery Hall uses at Building 3 to be retail use. This use would front onto the public realm space on the site. Retail Use
32. The creation of one large entrance foyer in Building 1 would require approved retail space to be relocated to Building 2 which no longer needs a full office entrance. This building would therefore contain the majority of the retail space, leaving only one unit in Building 1. The retail units would face Camomile Street and the public space within the site and this concentration of retail activity is considered appropriate and acceptable. The retail floorspace would be at ground level and mezzanine,
33. There would be a reduction in retail space from the 1,952sq.m approved to 1,406 sq.m. The reduced area remains larger than the retail space on the site prior to redevelopment (1,194sq.m) and it would provide new and extended retail space in accordance with planning policy. If the library is used for retail purposes there would be an increase in retail space to 2,030sq.m. If the Livery Hall were to move to 5-7 St Helen‟s Place there would be a further increase in retail space of up to 1,110sq.m. Public Library
34. The approved scheme included a public library to replace one that previously occupied part of the site. In the revised scheme the replacement library would be located on the mezzanine floor on the corner of St Mary Axe over the retail units, rather than at ground level as approved. It would be entered from St Mary Axe and would be served by stairs and a lift. 35. The Director of Libraries and the City Surveyor have agreed that the library would suit the City‟s needs in this location. However, the City has not yet decided whether to relocate the replacement library on this site or to move it elsewhere. The revised application makes provision for alternative uses for
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc this space (retail or offices) in case library does not return. 36. The inclusion of these alternative uses is a sensible provision and the proposed uses are acceptable. There is an existing legal agreement between the developer and City to lease the space required for the library which will ensure that the library can return to the site if that were the decision of the City. 37. Summary of the proposed floorspace (gross external area - sq.m): 2008 consent Current proposal Offices – 96,373 110,301 Retail – 1,889 1,406 Public Library, Retail or offices – 620 620 Livery Company – 2,771 1,110 Plant, circulation etc. – 24,681 19,708 Total - 126,363 131,145
Design changes
Building 1 38. The height of Building 1 would increase from 180.7m to 187.1m (AOD). The visual impact of the 6.4 metre increase in the height of the tower would not be harmful in townscape terms. The tower will sit comfortably within the context of the other existing and consented schemes along the Bishopsgate axis in views of the Eastern Cluster and the immediate townscape. The revised height of 187m compares with the Heron Tower (218m excluding mast), Tower 42 (185m), 30 St Mary Axe (180m), Heron Plaza (150m), 122 Leadenhall Street (239m) and the Bishopsgate Tower / Pinnacle (305m). 39. The south facade of Building 1 would extend closer to St Ethelburga‟s Centre of Reconciliation and Peace over part of the public realm. Design changes include raising the cladding to the soffit of the tower and increasing the splay at ground level, which would reveal more of the side of St Ethelburga‟s in the view from Bishopsgate. These changes are considered acceptable and would not have a material affect on the setting of the listed building when compared to the approved scheme. 40. There are minor changes to the elevations resulting in the refinement of detailing including the creation of a visual base which will address the public realm around the building. 41. The potential unsightliness of plant when viewed from the restaurant and bar
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc of the Heron Tower is of concern to the owners of that building. The glazed facades at roof level enclose the plant and a condition is added to ensure that these glazed facades will be opaque and that a screen will be provided over the plant to conceal it in views from the upper floors of other tall buildings. Building 2
42. The height of Building 2 would increase from 49m to 51.7m (AOD). The visual impact of this 2.7m increase is very limited and the building will relate satisfactorily with the scale of buildings in Camomile Street, Bevis Marks and St Mary Axe.
43. The design of Building 2 has been revised to integrate with the design of the tower and the scheme reads as a single architectural element. The western end of the north elevation of Building 2 on Camomile Street has been raked back at an angle to reflect a similar raked angle in the design of the tower.
44. The approved rear (south) of Building 2 had an outward raking facade which sought to maximize the trading floor area at upper floor levels. As a result of design development the raking facade is no longer required and the revised scheme has a sheer facade. The revised design is considered an improvement and would significantly improve the quality and sense of openness of the public realm and relate appropriately to the architecture of the building.
45. The top floor at the eastern end of Building 2 would now rise vertically from the lower storeys, where it previously set back at the top floor. This revision results in a corner which relates satisfactorily to the rest of the facade and to the scale of building on Bevis Marks and St Mary Axe. Building 3
46. The north elevation of Building 3 has been revised to provide a masonry grid framing with deeply recessed window openings. It would have a 5m high base that would be an appropriate frontage to the new public space on the site. The revised design would be an acceptable neighbour to St Ethelburga‟s Centre of Reconciliation and Peace. Landscaping / public realm scheme
47. The revised landscaping plan for the public realm within the site is similar to the approved layout but takes into account the changes to the buildings. This will be considered in detail pursuant under to conditions. Security
48. The revised drawings show bollards within the site at the back edge of the footway to provide a deterrent to vehicles. The design and location of these
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc will be considered under conditions as some may be on the replacement public footways for Clerk‟s Place and Wrestlers Court.
Servicing and Parking
49. The layout of the basements has been amended but would continue to provide satisfactory servicing and parking for the three new buildings and the adjacent building at Exchequer Court which shares a service yard with the existing buildings. The basements would be accessed via a ramp from St Mary Axe as previously approved. 50. No general car parking was previously approved for the new buildings but 5 disabled parking spaces were included. The current scheme makes the same provision and these spaces will be conditioned to be retained and used solely by people who are disabled, in accordance with London Plan policies. 51. It was previously accepted that the provision of disabled parking spaces should not trigger the requirement for the full number of motorcycle spaces but nine spaces have been provided and are welcomed. 52. The proposal continues to include two replacement car parking spaces which are for use solely by the occupiers of Exchequer Court and replace spaces lost as a result of the development.
53. Bicycle parking and associated changing facilities are provided in accordance with UDP policies, with a further 30 spaces to replace spaces lost from the existing Exchequer Court service yard. Highway Stopping-up 54. The two public highways across the site (Wrestlers Court and Clerk‟s Place) will need to be stopped up and replaced and the land in advance of the proposed column lines on all frontages and the pedestrian routes through the site should be formally secured over a minimum width of 3.0m as approved in 2008. Wind
55. Wind tunnel testing of the revised design has resulted in the need for mitigation to produce acceptable microclimate conditions. The mitigation measures include an amendment to the design of Building 2 adjacent to the pedestrian route to Camomile Street and the inclusion of a line of trees adjacent to St Ethelburga‟s Centre of Reconciliation and Peace. The trees selected would have foliage all year to provide the necessary mitigation and the Director of Open Spaces has confirmed that they should grow successfully
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc in this location. A condition is included requiring details to ensure that the mitigation measures can be provided and maintained as proposed. 56. The wind microclimate around the proposed development would be typical of that which might be experienced walking around the City in the vicinity of existing tall buildings and would be suitable for the intended uses around the site.
Demolition and Construction Works
57. A demolition method statement has been approved under the existing planning permission and a construction method statement would be obtained under a condition of the amended planning permission.
Sustainability
58. The proposed development has been revised incorporate measures to address changes to the Building Regulations regarding conservation of fuel and power. 59. A BREEAM target of “excellent” is being targeted, as opposed to the previous proposal for “very good”. 60. Full details of the energy strategy will be obtained by conditions.
Archaeology
61. A programme of archaeological work and details of new foundations was submitted under conditions of the existing planning permission. This will continue to apply to the amended scheme.
Planning Obligations 62. Under Section 106 of the Town & Country Planning Act 1990 a planning obligation by agreement can be made between a person/s having an interest in the land and the local authority, or a unilateral undertaking can be submitted by a prospective developer/landowners:
Restricting the development or use of land in any specified way; Requiring specified operations or activities to be carried out in, on, under or over the land; Requiring the land to be used in any specified way; or Requiring a sum or sums to be paid to the authority on a specified date or dates or periodically. 63. Government Guidance on the correct use of planning obligations is set out in
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc Circular 5/05, which replaces Circular 1/97. Circular 5/05 retains the premise that planning obligations are intended to make development acceptable that would otherwise be unacceptable in planning terms. The Circular states that „The use of planning obligations must be governed by the fundamental principle that planning permission may not be brought or sold. It is therefore not legitimate for unacceptable development to be permitted because of benefits or inducements offered by a developer which are not necessary to make the development acceptable in planning terms‟. 64. A Section 106 agreement was entered into in respect of the 2008 permission. The particular circumstances of this case required a different distribution of the financial contributions than the average outlined in the City‟s SPG (i.e. a variation from 50% for local community facilities and the environment, 30% for affordable housing, 15% for transport improvements and 5% for training and skills provision). 65. The existing agreement made provision for:
Local environment and 1,349,384 GBP for the fit out and community facilities (24%) removal costs of the temporary and new library and street scene enhancements. The Local environment and community facilities sum was allocated for the library as follows: (a) 575,000 GBP (+ index linked increase) for the cost of fitting out and using a temporary library during the redevelopment period. This has been paid to the City.
(b) 575,000 GBP (+ index linked increase) for the cost of fitting out the new library at 100 Bishopsgate; This is due for payment when construction of the new building commences.
(c) 189,395 GBP for street scene improvements in the vicinity of the site.
Transport (40%) 2,231,432 GBP for congestion relief at underground stations, highway improvements including a pipe subway in St Mary Axe.
Affordable housing (30%) 1,656,838 GBP for the purpose of off-site provision of affordable housing in suitable locations in or near to the City of
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc London.
Local training and skills 276,140 GBP for the provision of training provision, including job and skills initiatives, including job brokerage (5%) brokerage, in the City or City fringes and to provide access for people with disabilities to the Bishopsgate Institute.
Monitoring (1%) 55,785 GBP
Reparations to the highway to be the responsibility of the developer; Public access and management of the new open space; TV reception interference surveys; The treatment of the northern wall to 33-35 St Mary Axe to be designed and carried out in consultation with the owners of that property; Payment of the City‟s legal costs incurred in the negotiation and execution of the legal agreement and the City Planning Officer‟s administration costs.
66. The approved scheme provides space for a new public library and it was agreed that most of the local environmental and community facilities contribution would be used for the fit out and removal costs in respect of both the temporary and new library. An Agreement for Lease was entered into by the City to ensure that the library service could occupy the proposed development.
67. The first part of the local environmental and community facilities contribution has been made in accordance with the existing agreement. The remaining part would be paid when the construction work starts. 68. The developer has agreed that the funds for the temporary and replacement library can be combined to help provide the replacement library whether it is at 100 Bishopsgate or elsewhere in the City, with the proviso that any funds not needed for the replacement library and associated work would be added to the street scene improvements sum for use in the vicinity of the site, and that the developer would be consulted about the use of this contribution.
69. There is now a requirement for a Crossrail contribution under London Plan policy 6.5. The payment is based upon the uplift in commercial space from that approved in 2008.
70. There would be an uplift in office space of 14,878 sq.m and an uplift in retail space of 141 sq.m (assuming that the library becomes retail), which results in a total contribution of 2,050,694 GBP (indexed) towards Crossrail. Upon receipt this contribution will be paid to Transport for London. If payment is made by
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc 31st March 2013 a reduction of 20% will be applied in accordance with the London Plan guidance. A separate additional administration and monitoring fee will be applied in relation to the Crossrail Contribution. 71. A modification is needed to link the 2008 Section 106 agreement to the amended planning permission. The agreement would cover similar obligations but would be modified to take account of those things that have already been dealt with and the changes outlined above.
Conclusions 72. In considering the planning application before you account has to be taken of all the environmental information including the Environmental Statement, the statutory and policy framework, the documentation accompanying the application, and the views of both statutory and non-statutory consultees. 73. The scheme provides improvements to the public realm and funding for public transport, a library, housing and other local facilities and other measures through a Section 106 agreement. 74. The amendments to the scheme would result in an acceptable development and improved public realm within the site.
Background Papers Internal Letter 23.08.11 Cleansing Services to Arup Email 01.08 11 Open Spaces Letter 14.06.11 Access Adviser to GVA Memo 20.06.11 and email 21.06.11 Environment Services
External Letter 09.08.11 English Heritage Letter 25.07.11 Natural England Letter 27 06.11 and email 15.08.11 Environment Agency Letter 24 06.11 Heron International Letter 26 05 11 Retail Traders‟ Association Email 31.05.11 Transport for London Letter and attachments 15.08.11 GVA Letter 22.07.11 GVA Wind Mitigation Design Note 22.07.11 HED
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc Planning Statement April 2011 Design and Access Statement April 2011 Wind Mitigation Design Update 5 July 2011 Energy Strategy Report April 2011 Waste Management Strategy July 2011 Sustainability Statement April 2011 Environmental Statement dated September 2006 comprising:- Volume 1: Non-Technical Summary Volume 2: Main Report Volume 3: Townscape, Heritage and Visual Impact Assessment Volume 4a: Technical Appendices Volume 4b: Technical Appendices Volume 5: Addendum
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc Appendix A
London Plan Policies The London Plan is part of the development plan for the City. As such the London Plan is a material consideration to which the City of London Corporation must have regard in exercising its development control powers. The London Plan policies which are most relevant to this application are set our below: Policy 2.10 Enhance and promote the unique international, national and London wide roles of the Central Activities Zone (CAZ) and as a strategically important, globally-oriented financial and business services centre.
Policy 2.11 Ensure that developments proposals to increase office floorspace within CAZ include a mix of uses including housing, unless such a mix would demonstrably conflict with other policies in the plan.
Policy 4.1 Promote and enable the continued development of a strong, sustainable and increasingly diverse economy; Support the distinctive and crucial contribution to London‟s economic success made by central London and its specialist clusters of economic activity; Promote London as a suitable location for European and other international agencies and businesses.
Policy 4.2 Support the management and mixed use development and redevelopment of office provision to improve London‟s competitiveness and to address the wider objectives of this Plan, including enhancing its varied attractions for businesses of different types and sizes.
Policy 4.3 Within the Central Activities Zone increases in office floorspace should provide for a mix of uses including housing, unless such a mix would demonstrably conflict with other policies in this plan.
Policy 4.8 Support a successful, competitive and diverse retail sector which promotes sustainable access to the goods and services that Londoners need and the broader objectives of the spatial structure of this Plan, especially town centres.
Policy 5.2 Development proposals should make the fullest contribution to minimising carbon dioxide emissions.
Policy 5.3 Development proposals should demonstrate that sustainable design standards are integral to the proposal, including its construction and operation. Major development proposals should meet the minimum standards outlined in supplementary planning guidance
Policy 5.7 Major development proposals should provide a reduction in carbon dioxide emissions through the use of on-site renewable energy generation, where feasible.
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc Policy 5.10 Promote and support urban greening, such as new planting in the public realm (including streets, squares and plazas) and multifunctional green infrastructure, to contribute to the adaptation to, and reduction of, the effects of climate change.
Policy 5.11 Major development proposals should be designed to include roof, wall and site planting, especially green roofs and walls where feasible.
Policy 5.12 Development proposals must comply with the flood risk assessment and management requirements set out in PPS25 and address flood resilient design and emergency planning; Development adjacent to flood defences will be required to protect the integrity of existing flood defences and wherever possible be set back from those defences to allow their management, maintenance and upgrading to be undertaken in a sustainable and cost effective way.
Policy 6.3 Development proposals should ensure that impacts on transport capacity and the transport network are fully assessed.
Policy 6.5 Contributions will be sought from developments likely to add to, or create, congestion on London‟s rail network that Crossrail is intended to mitigate.
Policy 6.9 Developments should provide secure, integrated and accessible cycle parking facilities and provide on-site changing facilities and showers for cyclists, facilitate the Cycle Super Highways and facilitate the central London cycle hire scheme.
Policy 6.13 The maximum standards set out in Table 6.2 should be applied to planning applications. Developments must: a. ensure that 1 in 5 spaces (both active and passive) provide an electrical charging point to encourage the uptake of electric vehicles b. provide parking for disabled people in line with Table 6.2 c. meet the minimum cycle parking standards set out in Table 6.3 d. provide for the needs of businesses for delivery and servicing.
Policy 7.1 Development should be designed so that the layout, tenure, mix of uses interface with surrounding land will improve people‟s access to social and community infrastructure (including green spaces), the Blue Ribbon Network, local shops, employment opportunities, commercial services and public transport.
Policy 7.2 All new development in London to achieve the highest standards of accessible and inclusive design.
Policy 7.3 Creation of safe, secure and appropriately accessible environments.
Policy 7.4 Development should have regard to the form, function, and structure of an area, place or street and the scale, mass and orientation of surrounding buildings. It should improve an area‟s visual or physical connection with natural features. In areas of poor or ill-defined character, development should build on the positive elements
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc that can contribute to establishing an enhanced character for the future function of the area.
Policy 7.5 London‟s public spaces should be secure, accessible, inclusive, connected, easy to understand and maintain, relate to local context, and incorporate the highest quality design, landscaping, planting, street furniture and surfaces.
Policy 7.6 Buildings and structures should: a be of the highest architectural quality b be of a proportion, composition, scale and orientation that enhances, activates and appropriately defines the public realm c comprise details and materials that complement, not necessarily replicate, the local architectural character d not cause unacceptable harm to the amenity of surrounding land and buildings, particularly residential buildings, in relation to privacy, overshadowing, wind and microclimate. This is particularly important for tall buildings e incorporate best practice in resource management and climate change mitigation and adaptation f provide high quality indoor and outdoor spaces and integrate well with the surrounding streets and open spaces g be adaptable to different activities and land uses, particularly at ground level h meet the principles of inclusive design i optimise the potential of sites.
Policy 7.7 Tall and large buildings should be part of a plan-led approach to changing or developing an area by the identification of appropriate, sensitive and inappropriate locations. Tall and large buildings should not have an unacceptably harmful impact on their surroundings. Applications for tall or large buildings should include an urban design analysis that demonstrates the proposal is part of a strategy that will meet the criteria set out in this policy.
Policy 7.8 Development should identify, value, conserve, restore, re-use and incorporate heritage assets, conserve the significance of heritage assets and their settings and make provision for the protection of archaeological resources, landscapes and significant memorials.
Policy 7.15 Minimise existing and potential adverse impacts of noise on, from, within, or in the vicinity of, development proposals and separate new noise sensitive development from major noise sources.
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Amendments to planning permission 06/00796/FULEIA dated 28 May 2008 for the erection of three building to comprise office (B1), retail (A1-A4), Library (D1) and Livery Hall (Sui Generis) uses with associated public space and landscaping, disabled car parking, cycle parking, servicing and plant.
CONDITIONS
1 Unless otherwise approved in writing by the local planning authority the demolition shall not take place other than in accordance with the scheme for protecting nearby residents and commercial occupiers from noise, dust and other environmental effects approved on 21st April 2011 pursuant to Condition 34 of planning permission 06/00796/FULEIA. REASON: In the interests of public safety and to ensure a minimal effect on the amenities of neighbouring premises and the transport network in accordance with the following policies of the Core Strategy: CS16.
2 Unless otherwise approved in writing by the local planning authority the development shall be carried out in accordance with the details approved on 31st March 2011, 14th April 2011 and 13th May 2011 pursuant to Conditions 28 and 29 of planning permission 06/00796/FULEIA. REASON: To ensure that the Local Planning Authority may be satisfied with the detail of the proposed development and to ensure a satisfactory external appearance in accordance with the following policies of the Unitary Development Plan 2002 and Core Strategy: ARC 2, ARC 3, CS12.
3 (a) The cladding of the building facades shall not start until the detailed design of all wind mitigation measures has been submitted to and approved in writing by the Local Planning Authority. (b) No part of the building shall be occupied until the approved wind mitigation measures have been implemented unless the Local Planning Authority agrees otherwise in writing. The said wind mitigation measures shall be retained in place for the life of the building unless otherwise agreed by the Local Planning Authority. REASON: In order to ensure that proposed development does not have a detrimental impact on the amenities of the area in accordance with the following policies of the Core Strategy: CS7, CS14.
4 Before any piling or construction of basements is commenced a scheme for the provision of sewer vents within the building shall be submitted to and approved in writing by the local planning authority. Unless otherwise agreed in writing by the local planning authority the agreed scheme for the provision of sewer vents shall be implemented and brought into operation before the development is occupied and shall be so maintained for the life of the building. REASON: To vent sewerage odour from (or substantially from) the development hereby permitted and mitigate any adverse air pollution or
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc environmental conditions in order to protect the amenity of the area in accordance with the following policy of the Core Strategy: CS 15.
5 Construction of the foundations to the buildings shall be carried out in accordance with details to be submitted to and approved in writing by the Local Planning Authority (in consultation with the Environment Agency) before the development commences. REASON: To prevent pollution of ground water buildings in accordance with the following policy of the Core Strategy: CS15.
6 No development hereby approved shall be commenced until a scheme for the provision and implementation of surface water storage capacity during 1 in 100 year storm conditions has been submitted to and approved in writing by the Local Planning Authority (in consultation with the Environment Agency). The development shall be implemented in accordance with the approved details. REASON: To alleviate any increased risk of flooding and in accordance with the following policy of the Core Strategy: CS2.
7 Development should not be commenced until impact studies of the existing water supply infrastructure have been submitted to and approved in writing by the Local Planning Authority (in consultation with Thames Water). The studies shall determine the magnitude of any new additional capacity required in the system and a suitable connection point. REASON: To ensure that the water supply infrastructure has sufficient capacity to cope with any additional demand resulting from the development buildings and in accordance with the following policy of the Core Strategy: CS2.
8 A Construction Method Statement shall be submitted to and approved in writing by the Local Planning Authority prior to any construction work taking place on the site and the development shall be carried out in accordance with the approved Construction Method Statement. A staged scheme of protective works may be submitted in respect of individual stages of the construction process but no works in any individual stage shall be commenced until the related scheme of protective works has been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved scheme. REASON: In the interests of public safety and to ensure a minimal effect on the amenities of neighbouring premises and the transport network in accordance with the following policy of the Core Strategy: CS16.
9 Before any construction works hereby permitted are begun a statement of the carbon emissions savings of the proposed scheme, separated into figures for the combined buildings 1/2 and for building 3, and separated into savings from regulated carbon emissions only, from all stages of the London Plan Energy Hierarchy and in relation to the Part L2A 2010 (Building Regulations) compliant scheme, shall be submitted to the local planning authority. REASON: To ensure compliance with London Plan 2011 policy 5.2
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc 10 Before any works thereby affected are begun the following details shall be submitted to and approved in writing by the Local Planning Authority and all development pursuant to this permission shall be carried out in accordance with the approved details: (a) particulars and samples of the materials to be used on all external faces of the buildings and ground and upper level surface treatment; (b) details of soffits, hand rails and balustrades; (c) details of the integration of window cleaning equipment and the garaging thereof, plant, flues, fire escapes and other excrescences at roof levels; (d) details of junctions with adjoining premises; (e) details of all alterations to the existing facade to St Helen‟s Place; (f) details of the proposed double glazed windows in the St Helen‟s Place facade, including details of materials, finishes and opening methods, elevations and sections at a scale of 1:10 and detailed sections at 1:2 or 1:1 scale; (g) details of the adaptation, refurbishment and reinstatement of the existing railings, gates and statues on the St Helen‟s Place facade of the building including elevations and sections at a minimum scale of 1:50 and detailed sections at a minimum scale of 1:20; (h) details of the relationship between the floor levels and the bay window on the St Helen‟s Place facade at first, second and third floor levels; (i) details of the proposed ventilation within the basement lightwell on the St Helen‟s Place facade; (j) details of the new mansard and plant room over the St Helen‟s Place building; (k) details of ground floor elevations; (l) details of the proposed new facades including typical details of the fenestration and entrances; (m) details of typical bays of the development; (n) details of external surfaces within the site boundary, hard and soft landscaping and security measures including changes of level, seating and bollards; (p) details of plant and ductwork to serve the A3/A4 uses hereby permitted; (q) revised details of the treatment or screen to the northern wall of 33-35 St Mary Axe; (r) details of the junctions between the landscaped space and the walls of St Ethelburga‟s Centre for Reconciliation and Peace; (s) details of the siting and method of installation of the blue plaque commemorating the Parish Clerks¿ Company (t) details of the installation of photovoltaic and solar panels on the roof as shown on the drawings hereby approved; (u) details of vertical and horizontal screening to plant enclosures at roof levels. REASON: To ensure that the Local Planning Authority may be satisfied with the detail of the proposed development and to ensure a satisfactory external appearance in accordance with the following policies of the Unitary Development Plan 2002 and the Core Strategy: ENV6, ENV8, ENV28, CS7, CS10, CS12, CS19.
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc 10 The refuse collection and storage facilities shown on the drawings hereby approved shall be provided and maintained throughout the life of the buildings for the use of all the occupiers of this development and the existing building at 33-35 St Mary Axe. REASON: To ensure the satisfactory servicing of the buildings in accordance with the following policies of the Unitary Development Plan 2002 and Core Strategy: UTIL 6, CS10, CS17.
11 Prior to the occupation of any part of the buildings, the land between the existing building lines and the face of the proposed new buildings shall be brought up to street level, paved and drained in accordance with details to be submitted to and approved in writing by the Local Planning Authority and shall not be fenced or otherwise enclosed or obstructed. REASON: To ensure compliance with building lines and to ensure a satisfactory treatment at ground level in accordance with the following policy of the Core Strategy: CS10.
12 The level of noise emitted from any new plant shall be lower than the existing background level by at least 10 dB(A). Noise levels shall be determined at one metre from the window of the nearest noise sensitive premises. The measurements and assessments shall be made in accordance with B.S. 4142. The background noise level shall be expressed as the lowest LA90 (10 minutes) during which plant is or may be in operation. A report demonstrating compliance with this condition must be submitted to and approved in writing by the Local Planning Authority before the plant hereby approved comes into operation. REASON: To protect the amenities of neighbouring residential/commercial occupiers in accordance with the following policy of the Core Strategy: CS10.
13 Before any works thereby affected are begun, a scheme in the form of an acoustic report complied by a qualified specialist shall be submitted to and approved in writing by the Local Planning Authority specifying the materials and constructional methods to be used to demonstrate that there is adequate sound proofing to both airborne and structural borne noise transmission between the Class A uses and the surrounding offices and library in the building. The development pursuant to this permission shall be carried out in accordance with the approved scheme and so maintained thereafter.
REASON: To protect the amenities of neighbouring commercial and library occupiers in accordance with the following policy of the Core Strategy: CS10.
14 Before any works thereby affected are begun, a scheme shall be submitted to and approved in writing by the Local Planning Authority specifying the kitchen extract arrangements, materials and construction methods to be used to avoid noise penetration to the upper floors from the Class A use. The details approved must be implemented before the Class A use commences and so maintained thereafter. REASON: In order to protect commercial amenities in accordance with the following policy of the Core Strategy: CS10.
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc 15 Before any mechanical plant is used on the premises it shall be mounted in a way which will minimise transmission of structure borne sound or vibration to any other part of the building in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. REASON: In order to protect the amenities of neighbouring commercial occupiers in accordance with the following policy of the Core Strategy: CS10.
16 Prior to occupation of any part of the development bicycle racks for public use shall be installed at ground level in accordance with details which must be submitted to and approved in writing by the Local Planning Authority prior to any works affected thereby being commenced. REASON: To replace existing publicly available cycle racks on the site that will be removed due to the redevelopment in accordance with the following policy of the Core Strategy: CS16.
17 An Interim Travel Plan shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the building hereby permitted. Within 6 months of first occupation a full Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The offices in the buildings shall thereafter be operated in accordance with the approved Travel Plan (or any amended Travel Plan that may be approved from time to time by the Local Planning Authority) for a minimum period of 5 years from occupation of the premises. Annual monitoring reports shall be submitted to the Local Planning Authority during the same period. REASON: To ensure that the Local Planning Authority may be satisfied that the scheme provides a sustainable transport strategy and does not have an adverse impact on the transport network in accordance with the following policy of the Core Strategy: CS16.
18 If within a period of two years from the date of the planting of any tree, that tree or any tree planted in replacement for it, is removed, uprooted, destroyed, dies or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective, another tree of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation. REASON: In order to ensure the continued presence of trees on the site in the interest of visual amenity in accordance with the following policy of the Unitary Development Plan 2002 and Core Strategy: ENV 9, CS10, CS19.
19 Prior to the occupation of any part of the buildings all exposed flank or party walls must be faced or treated in accordance with details to be approved by the Local Planning Authority in writing before any such works are commenced.
REASON: To ensure a satisfactory external appearance in accordance with the following policies of the Core Strategy: CS10, CS12.
20 The glazed elevations to the roof level plant enclosures shall be opaque to conceal the plant and other roof level structures from street level and upper storeys of surrounding buildings and, except where roof penetrations are
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc shown on approved drawings, a horizontal screen shall be installed over roof level plant to conceal plant and roof level structures. REASON: In the interest of visual amenity and to protect the amenities of neighbouring commercial occupiers in accordance with the following policy of the Core Strategy: CS10.
21 The blue plaque commemorating the Parish Clerks¿ Company which was previously displayed on the site must be carefully stored for the duration of building works and shall be reinstated on the new buildings. REASON: In the interest of visual amenity and to maintain the historic and cultural interest of the site in accordance with the following policy of the Core Strategy: CS12.
22 Provision shall be made for disabled people to obtain access to the offices, the public library and to each retail unit via their respective principal entrances without the need to negotiate steps. REASON: To ensure that disabled people are able to use the buildings in accordance with the following policy of the Core Strategy: CS10.
23 The threshold of all vehicular access points shall be at the same level as the rear of the adjoining footway. REASON: To maintain a level passage for pedestrians in accordance with the following policies of the Unitary Development Plan 2002: ENV 8, TRANS 15.
24 No doors or gates shall open over the public highway. REASON: In the interests of public safety.
25 At all times when not being used for cleaning or maintenance the window cleaning gantries, cradles and other similar equipment shall be garaged within the enclosure(s) shown on the approved drawings or as approved under the conditions of this planning permission. REASON: To ensure a satisfactory external appearance in accordance with the following policies of the Unitary Development Plan 2002 and Core Strategy: ENV6, CS10
26 The area shown on the deposited plan as a public space shall at all times be left open and planted as a public space and shall not be fenced or otherwise enclosed. REASON: To ensure that the landscaped area is provided and maintained and to protect the visual amenities of the area in accordance with the following policies of the Unitary Development Plan 2002 and Core Strategy: ENV 8, CS10
27 There must be no plant, structures or telecommunications equipment on the roofs other than those shown on the drawings hereby approved or as subsequently approved under the conditions of this planning permission.
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc REASON: To ensure a satisfactory external appearance in accordance with the following policies of the Unitary Development Plan 2002 and Core Strategy: UTIL3, ENV6, ENV28, CS10.
28 The accommodation described as D1/B1/A1-A4 use on drawings A-10700- 101 Rev 02 and A-1070M-101 Rev 02 shall only be occupied by uses falling within Classes D1, B1 and A1-A4 of the Town & Country Planning (Use Classes) Order 1987 (as amended). REASON: To ensure that the use is provided as approved in accordance with the following policies of the Unitary Development Plan 2002 and Core Strategy: SHOP 2, CS 1, CS 20, CS 22.
29 No live or recorded music shall be played that can be heard outside the premises or within the library or other premises in the building. REASON: To safeguard the amenity of the adjoining premises and the area in general in accordance with the following policy of the Core Strategy: CS10.
30 A clear unobstructed minimum headroom of 5m must be maintained for the life of the building in the refuse skip collection area as shown on the approved drawings and a clear unobstructed headroom of 4.5m must be provided and maintained over the remaining areas and accessways. REASON: To ensure that satisfactory servicing facilities are provided and maintained in accordance with the following policies of the Unitary Development Plan 2002: TRANS 15, UTIL 6.
31 Except as may be approved in writing by the Local Planning Authority the loading and unloading areas must remain ancillary to the use of the new buildings and 33-35 St Mary Axe and shall be available at all times for that purpose for the occupiers thereof and visitors thereto. REASON: To ensure that satisfactory servicing is maintained in accordance with the following policy of the Unitary Development Plan 2002: TRANS 15.
32 No part of the site or buildings shall be used for the parking of motor vehicles unless specifically approved for that purpose in writing by the Local Planning Authority. REASON: To protect the visual amenities of the area and reduce commuting by car and to take account of the low level of motorcycle parking on the site in accordance with the following policies of the Unitary Development Plan 2002 and Core Strategy: ENV 8, TRANS 17, TRANS 18, TRANS 20, CS10
33 The car parking spaces shown on the drawings hereby approved for use by the occupiers of the new buildings shall be wide enough to enable them to be used by people with disabilities and the spaces shall be marked out accordingly and provided and maintained throughout the life of the building solely for the use of disabled occupiers and visitors and shall not at any time be used by any service vehicle or other user. REASON: To ensure the provision of suitable parking for people with disabilities and to take account of non-compliance with the Unitary Development Plan policy to require motor cycle parking provision if car
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc parking is provided in accordance with the following policies of the Unitary Development Plan 2002: TRANS 18, TRANS 21, TRANS 23.
34 The two car parking spaces shown on the drawings hereby approved for use by the occupiers of 33-35 St Mary Axe shall be provided and maintained solely for their use and at least one of these spaces shall be wide enough to enable it/them to be used by people with disabilities and the space(s) shall be marked out accordingly and provided and maintained throughout the life of the building and be readily available for use by disabled occupiers and visitors.
REASON: To provide parking spaces to replace existing spaces at 33-35 St Mary Axe and to ensure provision of suitable parking for people with disabilities in accordance with the following policy of the Unitary Development Plan 2002: TRANS 21.
35 Permanently installed pedal cycle racks shall be provided and maintained on the site throughout the life of the building sufficient to accommodate a minimum of one pedal cycle per 250sq.m. of floorspace (minimum 541 spaces), details of which shall be submitted to and approved in writing by the Local Planning Authority prior to any works affected thereby being commenced. 30 of these spaces shall be made available for the sole use of occupiers of 33-35 St Mary Axe. REASON: To ensure provision is made for bicycle parking in accordance with the following policy of the Unitary Development Plan 2002: TRANS 22.
36 Changing facilities and showers shall be provided adjacent to the bicycle parking areas and maintained throughout the life of the building for the use of occupiers of the buildings. REASON: To make travel by bicycle more convenient in order to encourage greater use of bicycles by commuters in accordance with the following policy of the Unitary Development Plan 2002: TRANS 22.
39 There shall be no dewatering on the site other than to prevent interference to your building operations other than as approved or licensed by the Environment Agency. REASON to protect the domestic and licensed groundwater sources at the following addresses: Bank of England, Threadneedle Street; Salisbury House, London Wall; Leadenhall Street; Poultry; Ibex House; Minories; Plantation Place, Fenchurch Street; Bankside House, 107-112 Leadenhall Street; 71 Lombard Street; Furnace House, 101-106 Fenchurch Street; and Triton Court, Finsbury Square.
40 As soon as practicable after completion a post construction BREEAM assessment demonstrating that a target rating of 'Excellent' has been achieved (or such other target rating as the City of London Corporation may agree provided that it is satisfied all reasonable endeavours have been used to achieve an 'Excellent' rating) shall be submitted and approved by the local planning authority. REASON: To ensure compliance with Core Strategy 2011 policy CS15 and London Plan 2011 policies 5.1, 5.2 and 5.3.
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41 The new development shall be designed to allow for the retro-fit of heat exchanger rooms required to connect into a district heating network, should this become available during the lifetime of the development. REASON: To ensure compliance with Core Strategy 2011 policy CS15 and London Plan 2011 policy 5.6
42 Unless otherwise agreed in writing by the Local Planning Authority the development shall not be carried out other than in accordance with the following approved drawings and particulars or as approved under conditions of this planning permission: Drawings numbered A-10700-110Rev 02, 10700- 111 Rev 02, 10700-112 Rev 02, 107B2-101 Rev 01; 107B1-101 Rev 02; 107BM-101 Rev 02, 10700-101 Rev 02, 1070M-101 Rev 02, 10701-101 Rev 02, 10702-101 Rev 02, 10703-101 Rev 02 , 10704-101 Rev 02, 10705-101 Rev 02, 10706-101 Rev 02, 10707-101 Rev 01, 10721-101 Rev 02, 10738-101 Rev 01,107RF-101 Rev 02,107XX-101 Rev 02, 107XX-105 Rev 01, 107XX- 201 Rev 01, 107XX-202 Rev 01, 107XX-203 Rev 01, 107XX-204 Rev 01, 107XX-210 Rev 01, 107XX-211 Rev 02, 107XX212 Rev 02, 107XX213 Rev 02, 107XX214 Rev 01, 107XX215 Rev 02, 107XX216 Rev 02, 107XX301 Rev 01, 107XX310 Rev 02, 107XX311 Rev 01, 107XX312 Rev 02, 107XX313 Rev 01, 107XX601 Rev 02, 107XX602 Rev 01, 107XX603 Rev 01, 107XX604 Rev 01, 107XX605 Rev 02, 107XX606 Rev 01, 07XX607, 207XX-601 Rev 01, 307XX-210 REV 02, 307XX-211 REV 02, 307XX-601 REV 02, 307XX-602 REV 02, X07XX-601 REV 02, X07XX-602 REV 01, X07XX-603 REV 01, X07XX-604 REV 01, X07XX-605 REV 01. REASON: To ensure that the development of this site is in compliance with details and particulars which have been approved by the Local Planning Authority.
INFORMATIVES
1 This permission must in no way be deemed to prejudice any rights of light which may be enjoyed by the adjoining owners or occupiers under Common Law.
2 This permission is granted having regard to planning considerations only and is without prejudice to the position of the City of London or Transport for London as Highway Authority; and work must not be commenced until the consent of the Highway Authority has been obtained.
3 This permission is granted having regard to planning considerations only and is without prejudice to the approval or otherwise of owners and occupiers of any part of the application site. In particular, it should be noted that the servicing, car parking and screen wall for Exchequer Court, 33 -35 St Mary Axe will need to be agreed with the owners of that building and the development will not be able to proceed as approved without their agreement.
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc 4 The correct street number or number and name must be displayed prominently on the premises in accordance with regulations made under Section 12 of the London Building Acts (Amendment) Act 1939. Names and numbers must be agreed with the Department of Planning and Transportation prior to their use including use for marketing.
5 The Department of Environmental Services (Highways and Streetworks Team) must be consulted on the following matters which require specific approval:
(a) Hoardings, scaffolding and their respective licences, temporary road closures and any other activity on the public highway in connection with the proposed building works. In this regard the City of London operates the Considerate Contractors Scheme.
(b) The incorporation of street lighting and/or walkway lighting into the new development. Section 53 of the City of London (Various Powers) Act 1990 allows the City of London to affix to the exterior of any building fronting any street within the City brackets, wires, pipes and apparatus as may be necessary or convenient for the public lighting of streets within the City.
(c) Connections to the local sewerage and surface water system.
(d) Carriageway crossovers.
(e) Means of escape and constructional details under the Building Regulations and London Building Acts (District Surveyor).
6 The Director of Environmental Services states that: (a) any building proposal that will include catering facilities will be required to be constructed with adequate grease traps to the satisfaction of the Sewerage Undertaker, Thames Water Utilities Ltd., or their contractors;
(b) any building proposal over or within 3 m of the outside line of a public sewer measured horizontally from the nearest point of the building will require to be constructed to the satisfaction of the Sewerage Undertaker, Thames Water Utilities Ltd.
7 The City Planning Officer should be consulted on:
(a) The need for a projection licence for works involving the construction of any retaining wall, foundation, footing, balcony, cornice, canopy, string course, plinth, window cill, rainwater pipe, oil fuel inlet pipe or box, carriageway entrance, or any other projection beneath, over or into any public way (including any cleaning equipment overhanging any public footway or carriageway).
(b) Permanent Highway Stopping-Up Orders, dedication of land for highway purposes, declaration, diversion and stopping up of City and Riverside Walkways.
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8 The Director of Environmental Services (Environmental Health Team) advises that:
(a) Section 4 of the Clean Air Act l993 requires notification of the installation of a furnace (boiler generator) in a building to the City of London Corporation as the local authority.
(b) Section 14 of the Clean Air Act l993 applies to any furnace served by a chimney to burn any liquid or gaseous matter at a rate of 366.4 kilowatts or more and to any furnace served by a chimney to burn pulverised fuel or to burn any solid matter at a rate of more than 45.4 kilograms or more an hour. It requires the height of the chimney serving the furnace to be approved by the City of London Corporation as the local authority and any conditions subject to which the approval is granted, to be complied with. Use of any furnace with the aforementioned rating without chimney height approval is an offence on a daily basis. All gas boilers should achieve a dry NOx emission rate of <40mg/kWh. This is because the City is in an Air Quality Management Area with high levels of nitrogen dioxide and is in line with the City of London Air Quality Strategy 2011-2015, published in March 2011.
(c) Part III of the Environmental Act l995 resulted in The City of London being declared on 26 January 2001 an Air Quality Management Area for Nitrogen Dioxide (NO2) and Fine Particles (PM10). Chimney Height Approvals under Section 14 and 15 of The Clean Air Act l993 enable various conditions to be attached to the approvals. Frequently the calculated Chimney Height above roof level conflicts with requirements of planning control and further or different mitigation measures need to be taken to allow installation of the plant dependent on the individual circumstances of each case or location.
(d) Advice on a range of measures to achieve the best environmental option on the control of pollution from standby generators can be obtained from his department.
(e) Further information should be provided regarding the internal layout of the proposed food/catering units showing proposals for staff/customer toilet facilities, ventilation arrangements and layout of kitchen areas.
(f) If cooking is to be proposed within the food/catering units a satisfactory system of ventilation will be required. This must satisfy the following conditions: * Adequate access to ventilation fans, equipment and ductwork should be provided to permit routine cleaning and maintenance; * The flue should terminate at roof level in a location which will not give rise to nuisance to other occupiers of the building or adjacent buildings. It cannot be assumed that ductwork will be permitted on the exterior of the building; * Additional methods of odour control may also be required. These must be submitted to the Department of Environmental Services for comment prior to installation;
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc * Ventilation systems for extracting and dispersing any emissions and cooking smells to the external air must be discharged at roof level and designed, installed, operated and maintained in accordance with manufacturer‟s specification in order to prevent such smells and emissions adversely affecting neighbours.
9 The Environment Agency advises that the legislation concerning dewatering activities is undergoing changes. Prior to 1st April 2006, dewatering was covered by Section 30 of the Water Resources Act 1991 where activities were exempt from licensing and instead a Notice to Conserve was issued. Since this time a Notice to Conserve can no longer be issued due to the part enactment of the Water Act 2003 which is to replace parts of the Water Resources Act 1991. Under this new Act dewatering activities will require licensing but this legislation has not yet come into effect. As a result, any dewatering activities commencing at this time do not require a Notice or a Licence. The Environment Agency has therefore requested imposition of this condition.
10 In its letter dated 27th June 2011 the Environment Agency has given advice to the developer regarding: The impact of dewatering activities and potential to cause loss or damage to other properties; The potential for large underground structures to restrict groundwater flows at this site and need for suitable drainage; Actions needed regarding the presence of boreholes on the site; The difficulty in providing a water supply network to support demand in this area and likelihood that water abstraction licences would not be granted; The need for investigation into site contamination. The developer is strongly advised to contact the Water Resourcing and Licensing Section of the Environment Agency to discuss these matters. (01707 632 2306).
11 Thames Water advises:
(a) Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Water‟s pipes. The developer should take account of this minimum pressure in the design of the proposed development.
(b) The developer should incorporate protection to the property within the proposal by, for example, a non-return valve or other suitable device to avoid the risk of backflow at a later date, on the assumption that the sewerage network may surcharge to ground level during storm conditions.
(c) In respect of surface water the developer should ensure that storm flows are attenuated or regulated into the receiving network through on or off site storage. With regard to the disposal of rain water, any new connections to the public sewerage system do not pose an unacceptable threat of surcharge, flooding or pollution. The aim should be to restrict peak flows to the combined system not to exceed historic peaks, by means of surface water attenuation if
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc necessary. Acceptable connection points to the public sewer should be agreed with Thames Water Developer Services at an early stage.
(d) Petrol / oil interceptors to be fitted in all car parking/washing/repair facilities. Failure to enforce the effective use of petrol / oil interceptors could result in oil-polluted discharges entering local watercourse.
12 London City Airport (a) The agreed height of 187,156m above Ordnance Datum relates to the completed building. If greater height is required during construction, e.g. for cranes and scaffolding, their use must be subject to a further separate consultation with London City Airport. They recommend BS 7121: Part 1: 1989 (as amended) on the safe use of cranes. (b) As the proposed building is to be taller than 150m it should be equipped with aircraft obstacle lighting the highest points or edges of the building. The lighting should be steady red lights of medium intensity.
13 The Architectural Liaison Officer of the City of London Police should be consulted with regard to guidance on the counter terrorism and means of crime prevention in new development.
14 The grant of approval under the Town and Country Planning Acts does not overcome the need to also obtain any licences and consents which may be required by other legislation. The following list is not exhaustive:
a Works affecting Transport for London operational land and structures:
Borough Integration and Partnerships Transport for London Windsor House 42-50 Victoria Street London, SW1H 0TL
b Works affecting a GLA road: Borough Integration and Partnerships Transport for London Windsor House 42-50 Victoria Street London, SW1H 0TL
15 Reason for Grant of Planning Permission The decision to grant this planning permission has been taken having regard to the policies in the City of London Unitary Development Plan 2002, Core Strategy and London Plan set out below, relevant government guidance and supplementary planning guidance, representations received and all other relevant material considerations. An objection was made to the application and a condition has been included on the planning permission which will address issue raised by objector. Planning permission was granted in 2008 for the construction of two buildings of 7 storeys and one building of 39 storeys, providing office and retail space, a
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc public library and a Livery Hall on this site. Amendments are proposed to the scheme for which a new planning permission is needed. An Environmental Statement accompanies the application. The amended proposal has been considered taking into account changed policies and circumstances since 2008. It is concluded that in relation to a scheme of this size the amendments are minor and the proposal accords with the development plan and that it is acceptable subject to conditions and an amendment to the existing Section 106 agreement.
Unitary Development Plan 2002 Policies
CS1 To ensure the City of London provides additional office development of the highest quality to meet demand from long term employment growth and strengthen the beneficial cluster of activities found in and near the City that contribute to London's role as the world's leading international financial and business centre.
CS2 To co-ordinate and facilitate infrastructure planning and delivery to ensure that the functioning and growth of the City's business, resident, student and visitor communities is not limited by provision of utilities and telecommunications infrastructure.
CS3 To ensure that the City is secure from crime, disorder and terrorism, has safety systems of transport and is designed and managed to satisfactorily accommodate large numbers of people, thereby increasing public and corporate confidence in the City's role as the world's leading international financial and business centre.
CS4 To manage the impact of development, seeking appropriate contributions having regard to the impact of the contributions on the viability of development.
CS7 To ensure that the Eastern Cluster can accommodate a significant growth in office floorspace and employment, while balancing the accommodation of tall buildings, transport, public realm and security and spread the benefits to the surrounding areas of the City.
CS10 To promote a high standard and sustainable design of buildings, streets
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc and spaces, having regard to their surroundings and the character of the City and creating an inclusive and attractive environment.
CS12 To preserve and enhance those buildings and areas which make an important contribution to the City's historic and archaeological heritage and provide an attractive environment for the City's communities and visitors.
CS13 To protect and enhance significant City and London views of important buildings, townscape and skylines, making a substantial contribution to protecting the overall heritage of the City's landmarks.
CS14 To allow tall buildings of world class, sustainable design in suitable locations and to ensure that they take full account of the character of their surroundings, enhance the skyline and provide a high quality public realm at ground level.
CS15 To enable City businesses and residents to make sustainable choices in their daily activities creating a more sustainable City, adapted to the changing climate.
CS16 To build on the City's strategic central London position and good transport infrastructure to further improve the sustainability and efficiency of travel in, to, from and through the City.
CS18 To ensure that the City remains at low risk from all types of flooding.
CS19 To encourage healthy lifestyles for all the City's communities through improved access to open space and facilities, increasing the number and quality of open spaces in the City, while enhancing biodiversity.
CS20 To improve the quantity and quality of retailing and the retail environment, promoting the development of the five Principal Shopping
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc Centres and the linkages between them.
REC2 To provide and encourage the provision of additional open space where this would enhance the character of the locality, and to seek public access wherever possible.
REC7 To ensure that accommodation continues to be provided for an adequate library service.
SHOP2 To seek the replacement of retail uses in development schemes and to ensure that such replacements are primarily at the pedestrian level.
SHOP3 To seek, where appropriate, the provision of new or increased retail facilities, particularly where:
i. existing retail shop facilities are being replaced on redevelopment in accordance with policy SHOP 2;
ii. the site is in or close to a shopping centre;
iii. the site is close to a public transport interchange;
iv. there is a riverside frontage.
SHOP4 To encourage retail uses in any new development scheme to provide a variety of unit sizes compatible with the character of the area in which they are situated and to encourage large retail units in suitable areas.
UTIL6 To require adequate provision within all developments for the storage, presentation for collection, and removal of waste, unless exceptional circumstances make it impractical; to encourage provision to allow for the separate storage of recyclable waste where appropriate.
TRAN7 To support the retention and improvement of pedestrian routes and crossings, public rights of way and the City Walkway network.
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TRAN11 Appropriate traffic management measures will be introduced to ensure that the highway hierarchy operates as effectively and safely as possible, in accordance with the needs of all user groups and the functions associated with each street. The type of traffic management measures to be applied will be the subject of detailed study and formal consultation prior to implementation.
TRAN18 To resist the provision of private non-residential parking in excess of the current planning standards.
TRAN21 To seek the provision and improvement of parking arrangements for disabled people.
TRAN22 To provide cycle parking facilities by:
i. requiring the provision of private parking space for cycles in development schemes;
ii. maintaining an adequate overall number of spaces for cycles in public off-street car parks; and
iii. providing an adequate supply of cycle parking facilities on-street.
TRAN23 To provide parking facilities for motorcycles by:
i. requiring the provision of private parking spaces for motorcycles in development schemes;
ii. maintaining an adequate overall number of spaces for motorcycles in public off-street car parks and;
iii. seeking to maintain on-street motorcycle parking at current levels, pending the approval of the Local Implementation Plan.
ENV2 To protect or enhance significant views of buildings, townscape and skylines.
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ENV6 To ensure that all alterations or extensions to an existing building take account of its scale, proportions, architectural character, materials and setting.
ENV8 To promote and ensure high standards in the layout, design, surface treatment and landscaping of open spaces and streets, and to seek the retention of existing surfaces and features which contribute positively to the character and appearance of the location and the City.
ENV10 To protect existing works of art and to seek the provision of additional works of art which enhance the City townscape.
ENV11 To resist the demolition of buildings which make a positive contribution to the character or appearance of a conservation area and to encourage their sympathetic refurbishment.
ENV13 Conservation area consent, if appropriate, will normally be subject to a condition preventing demolition prior to the approval of detailed plans of any replacement building and may be subject to a condition that a contract, or series of contracts, ensuring the construction of such a replacement has been signed.
ENV28 To ensure that building services are satisfactorily integrated into the architectural design of the building (with particular reference to its roof profile) and to resist installations which would adversely affect the character, appearance or amenities of the buildings or area concerned.
ENV35 To resist development which would reduce noticeably the daylight and sunlight available to nearby dwellings and open spaces to levels which would be contrary to the Building Research Establishment's guidelines.
ENV36 To encourage the enhancement of the character and grandeur of the City
d:\mg\all\intranet\planning and transportation committee\20110906\agenda\$5d2p0mcj.doc townscape by night, particularly in relation to the role and setting of St Paul's Cathedral in the City skyline and especially as perceived from the Thames and riverside, through the careful co-ordination of illumination of selected buildings and landmarks.
ARC1 To require planning applications which involve excavation or groundworks on sites of archaeological potential to be accompanied by an archaeological assessment and evaluation of the site including the impact of the proposed development.
ARC2 To require development proposals to preserve in situ, protect and safeguard important ancient monuments and important archaeological remains and their settings, and where appropriate, to require the permanent public display and/or interpretation of the monument or remains.
IMP3 To apply conditions and seek planning obligations where they are necessary and relevant to securing the best use of land and a properly planned environment.
IMP6 To have regard to safety and security in the design and use of infrastructure, buildings, streets and spaces.
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