planning report PDU/0044b/01 27 January 2009 20 Fenchurch Street in the City of London planning application no. 08/01061/FULMAJ Strategic planning application stage 1 referral (new powers) Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008 The proposal Proposal for a 38-storey tower and 5 storey building with a total floorspace of 100,008 square metres, of which 80,048 square metres is for office use (Use Class B1) within the tall building. Additional uses comprise retail (use class A1), cafe / restaurant (use class A3 / A4), a publicly accessible sky garden (use class D1) and basement servicing and car parking. The applicant The applicant is The City of London Real Property Company Ltd, and the architect is Rafael Viñoly Architects. Strategic issues The proposed development will support London’s role as a World City through the provision of high quality office accommodation with a unique, high quality design in the strategically important Central Activities Zone (CAZ). The scheme, although a full planning application, represents relatively minor changes to a planning application for a similar proposal, which was considered and supported by the Secretary of State. This decision established the acceptability of a tall building in this location, and the acceptability of the design on its own merits in terms of potential impact on strategic views to St. Paul’s Cathedral, and to and from the Tower of London World Heritage Site. The changes to the scheme do not alter the impact on these views. The scheme does not meet the highest standards of inclusive design and the applicant should address this to the satisfaction of the Corporation. The scheme will increase office floorspace in the CAZ and have an impact on the public transport network. The scheme is required to make a contribution based on this uplift towards Crossrail as well as maintain its commitment to previous section 106 contribution. An enhanced contribution in line with the CAZ mixed use policy should be secured by the Corporation. Recommendation That the City of London Corporation be advised that the application does not comply with the London Plan, for the reasons set out in paragraph 59 of this report; but that the possible remedies set out in paragraph 61 of this report could address these deficiencies. page 1 Context 1 On 19 December 2008 the Mayor of London received documents from the City of London Corporation notifying him of a planning application of potential strategic importance to develop the above site for the above uses. Under the provisions of The Town & Country Planning (Mayor of London) Order 2008 the Mayor has until 30 January 2009 to provide the Corporation with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. The Mayor may also provide other comments. This report sets out information for the Mayor’s use in deciding what decision to make. 2 The application is referable under Category 1B and 3D of the Schedule to the Order 2008: Development (other than development which only comprises the provision of houses, flats, or houses and flats) which comprises or includes the erection of a building or buildings in the City of London and with a total floorspace of more than 100,000 square metres,” and “Development (a) which does not accord with one or more provisions of the development plan in force in the area in which the application site is situated; and (b) comprises or includes the provision of more than 2,500 square metres of floorspace for a use falling within class B1 (business) and class D1 (non- residential institutions in the Use Classes Order.” 3 Once the Corporation has resolved to determine the application, it is required to refer it back to the Mayor for his decision as to whether to direct refusal; take it over for his own determination; or allow the Corporation to determine it itself. 4 The Mayor of London’s statement on this case will be made available on the GLA website www.london.gov.uk. Site description 5 The site is located in the heart of the City’s commercial district close to the historic Leadenhall Market and occupies a prominent position on the south side of Fenchurch Street. The site occupies the majority of an island block bounded by Fenchurch Street, properties fronting onto Eastcheap to the south, Philpot Lane to the west and Rood Lane to the east. 6 The site is within the Central Activities Zone, as defined by the London Plan. It is located just outside the Eastcheap Conservation Area and the Leadenhall Market Conservation Area is to the north. A number of listed buildings are located in the immediate area including the Grade I listed St Margaret Pattens Church to the south-east of the site. 7 The site is located between Fenchurch Street and Eastcheap, and lies 150 metres east of Gracechurch Street (A10) which is part of the Transport for London Road Network (TLRN). The site has a public transport accessibility level of 6, on a scale of 1 to 6, where 6 is most accessible. Monument Underground is approximately 300 metres from the site with Bank, Cannon St and Tower Hill underground stations within 550 metres, providing services to District & Circle, Northern, Central and Waterloo & City line Underground services as well as access to the DLR. A total of 13 bus routes serve the surrounding area. Details of the proposal 8 The planning application is for the following uses and floorspaces: Main building • Office (use class B1) - 80,048 sq.m. page 2 • Retail within the skygarden (use class A1) – 729 sq.m. • Ground floor retail and skygarden entrance (use classes A1 and D1) – 281 sq.m. • Skygarden and circulation – 3,240 sq.m. (+ terrace 269 sq.m.) • Ancillary plant, vehicular access, servicing and parking – 12,705 sq.m. Annex building • Cafe / restaurant / drinking establishment (use class A3/A4) – 448 sq.m. • Ancillary plant, vehicular access, servicing and parking – 2,288 sq.m. 9 Planning permission has been granted and the consent implemented for a similar scheme as set out in the case history below. This scheme increases the gross external floor area from 94,379 square metres to 100,008 square metres, an uplift as 5,629 square metres. Although this scheme represents a full planning application, it contains the following changes to the consented scheme: • Office floorspace – The introduction of an additional floor of office at level 34 and the replacement of plant at level three with an office floor. The total net increase in internal floorspace is 6,795 sq.m. • East and west facades – Reduction in length of external fins by 150 mm and reduction in distance between fins and glazing by 100mm. • South facade – Inclusion of double glazing. • Fins – A reduction in the number of external structural fins from 31 to 29 on the east and west facades. • Basement – A full level of basement at basement level two, and rearrangement of basement level one to accommodate plant formerly on levels three and the skygarden. • Floor to floor heights – An increase in floor-to-floor heights from 3.685 metres to 3.85 metres. • Skygarden lift – An additional shuttle lift (increase from one to two). • Double deck lift arrangement – A reduction in plan area of lift cores, the introduction of a mezzanine level in the double-height lobby to introduce double-deck lifts. • Mechanical plant – Relocation of mechanical plant at level three to the basement and Annex building; reduction in height of level two plant storey. • Fenchurch Street entrance, retail unit and skygarden entrance – reconfiguration of the retail unit and combination of retail unit with skygarden entrance, creating a larger external public space. • Annex building – Increase in height to provide one and a half floors to accommodate plant relocated from the tower. The height is equivalent to a consented planning application in July 2008, however, the footprint of the building is extended marginally northwards as part of this application. page 3 Case history 10 Planning permission for a similar scheme was granted by the Secretary of State for Communities and Local Government. This permission has been implemented. 11 This scheme comprised a 39 storey building with a total of 94,379 square metres of office floorspace (gross external area), retail use at ground, mezzanine and basement levels, a 35th floor level and above “Skygarden” for use for uses within Class D1 (non-residential institution), class A3/A4 (restaurant/cafe/drinking establishment) and private dining and similar functions. The scheme also comprises a 3 storey building for restaurant/cafe/drinking establishment and office use and a publicly accessible “pocket park” on the ground level. 12 The City of London Corporation notified the Mayor of the scheme on 16 March 2006. The former Mayor considered the scheme on 21 June 2006 (report PDU/0044a/01) and revisions following, among other measures, a reduction in height and floorspace on 6 September 2006(report PDU/0044b/02). He considered that the principle of a tall building in the location was welcome, however, a more significant contribution to public transport mitigation was required. 13 On 19 September 2006, the City resolved to grant planning permission and on 17 October 2006 the former Mayor decided that he was not minded to direct refusal after the applicant addressed outstanding concerns, and that the Corporation could determine the application itself, subject to any action the Secretary of State may wish to take. On 22 November 2006 the Secretary of State called in the application for determination at a public local inquiry.