representation hearing report PDU/1018a/03 10 October 2012 London Fruit and Wool Exchange, Spitalfields in the London Borough of Tower Hamlets planning application no. PA/11/02220 and conservation area consent no. PA/11/02221 Planning application and conservation area consent Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008 (“the Order”). The proposal 1) Demolition of White’s Row multi-storey car park, 99-101 Commercial Street (Barclays Bank branch), 54 Brushfield Street (The Gun public house), partial demolition of the London Fruit and Wool Exchange behind the retained Brushfield Street facade, and the erection of a six- storey building with a basement, for business, employment and retail use (Use Classes B1/A1/A2/A3 and A4) with landscaping and associated works, together with a new pavilion building for retail accommodation (Use Class A1), (application no. PA/11/02220). 2) Conservation area consent for the demolition White’s Row multi-storey car park, 99-101 Commercial Street (Barclays Bank branch), 54 Brushfield Street (The Gun public house), partial demolition of the London Fruit & Wool Exchange behind the retained Brushfield Street facade, (application no. PA/11/02221). The applicant The applicant is Exemplar Properties (Brushfield) LLP, and the architect is Bennetts Associates Architects. Recommendation summary The Mayor, acting as Local Planning Authority for the purpose of determining these applications, I. grants conditional planning permission, and conservation area consent, in respect of PA/11/02220 and PA/11/02221, for the reasons set out in the reasons for approval section below as required by Article 22(1) of the Town and Country Planning (General Development Procedure) Order 1995 (as amended), subject to the prior completion of a section 106 legal agreement. II. delegates authority to the Assistant Director of Planning and the Director of Development and Environment to issue the planning permissions and agree, add, delete or vary, the final detailed wording of the conditions and any additional informatives as required, and authority to negotiate, agree the final wording, and sign and execute, the section 106 legal agreement. III. delegates authority to the Assistant Director of Planning and Director of Development and Environment to refuse planning permission and conservation area consent, if by 16 January 2013, the legal agreement has not been completed. page 1 IV. notes that approval of details pursuant to conditions imposed on the planning permission and conservation area consent will be submitted to, and determined by, Tower Hamlets Council. V. notes that Tower Hamlets Council be responsible for the enforcement of the conditions attached to the respective permissions. Drawing numbers and documents Existing plans 0923_X10_SP00; 0923_X10_PB1; 0923_X10_P00; 0923_X10_P01; 0923_X10_P02; 0923_X10_P03; 0923_X10_P04; 0923_X10_P05; 0923_X10_E01; 0923_X10_E02; 0923_X10_E03; 0923_X10_E04; 0923_X10_E05; 0923_X10_E06; Demolition plans 0923_P12_PB1; 0923_P12_P00; 0923_P12_P01; 0923_P12_P02; 0923_P12_P03; 0923_P12_P04; 0923_P12_P05; 0923_P12_E01; 0923_P12_E02; 0923_P12_E03; 0923_P12_E04; 0923_P12_E05; 0923_P12_E06; Temporary works plan 0923_P20_D_01; Proposed building plans 0923_P20_SP00 A; 0923_P20_PB1 A; 0923_P20_P00 A; 0923_P20_P01 A; 0923_P20_P02 A; 0923_P20_P03 A; 0923_P20_P04 A; 0923_P20_P05A; 0923_P20_P06A; 0923_P20_E01A; 0923_P20_E02A; 0923_P20_E03A; 0923_P20_E04A; 0923_P20_S01 A; 0923_P20_S02A; 0923_P20_S03A; 0923_P20_S04 A; 0923_P20_B01A; 0923_P20_B02A; 0923_P20_B03A; 0923_P20_B04A; 0923_P20_B05; 0923_P20_B06A; 0923_P20_B07A; 0923_P20_B08A; 0923_P20_B09A; 0923_P20_B10; Submitted documents Planning Statement (August 2011); Design and Access Statement and Appendices (August 2011); Transport Assessment, Framework Workplace Travel Plan and Delivery and Servicing Plan (August 2011); Energy Statement (August 2011); Sustainability Statement (August 2011); Statement of Community Involvement (August 2011); Draft Management Strategy (August 2011); Arboriculture Impact Assessment (August 2011); Environmental Statement (Volumes 1-4B) (August 2011); Design and Access Statement Addendum (January 2012); Replacement Environmental Statement Volume 1 [Non-Technical Summary] (21 January 2012); Replacement Environmental Statement Volume 3 [Townscape and Visual Amenity Assessment] (January 2012); Environmental Statement Volume 5 [Addendum] (23 January 2012); and, Summary PPS 5 case (23 January 2012). Reasons for approval 1 The Mayor, acting as the local planning authority, has considered the particular circumstance of these applications against national, regional and local planning policy, relevant supplementary planning guidance and any material planning considerations. He has also had regard to the Tower Hamlets Council Strategic Development Committee reports of 6 March 2012 and 31 May 2012 and the draft reasons for refusal that the Committee subsequently resolved to issue. The reasons set out below are why this application is acceptable in planning policy terms: Planning application PA/11/02220 The proposed development would provide an office-led mixed used employment scheme including space for: large floor-plate office; small and medium sized enterprises; and, small- scale ground floor retail accommodation, supporting the function of London’s Central Activities Zone, and creating a wide range of job opportunities and local economic benefits in a highly accessible location. The proposal would optimise the potential of this City Fringe site, and would contribute to the enhanced vitality of Spitalfields. The development, therefore, accords with the NPPF; London Plan policies 2.10, 2.11, 2.12, 2.13, 4.1, 4.2, 4.3, page 2 4.7 and 4.12; Core Strategy policies SP01 and SPO6; saved UDP policies CAZ1, DEV3, EMP1, EMP6, EMP7 and EMP8; policies CFR10 and EE2 of the Tower Hamlets Interim Planning Guidance; and, draft Policy DM15 of the submission stage Managing Development DPD. The design of the proposed development is of high architectural quality, and is well resolved in terms of: layout; ground floor uses; connections and permeability; height and massing; architectural appearance and materials; and, public realm and public spaces. The development would optimise the potential of the site, and responds positively to the challenges and opportunities of its City Fringe context. Whilst the development would not cause harm to the Conservation Area or other surrounding heritage assets, it is acknowledged that the development would result in substantial harm to/loss of the undesignated heritage assets at the site. Nevertheless, this harm is outweighed by the substantial public benefits of the scheme. The development, therefore, accords with the NPPF; London Plan policies 2.11, 7.1, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 7.9, 7.11 and 7.12; Core Strategy policies SO22, SP09, SP10; saved UDP policies DEV1, DEV8 and DEV28; policy CFR1, CFR12, CON2, CON5, CP50 and DEV2 of the Tower Hamlets Interim Planning Guidance; and, draft policies DM24 and DM27 of the submission stage Managing Development DPD. The development would greatly improve the accessibility of the built form and associated public realm in this part of Spitalfields, helping to remove physical barriers to job opportunities at this site, and promote inclusive access across the development to the new ground floor uses proposed. The development, therefore, accords with the NPPF; London Plan polices 4.12 and 7.2; saved UDP Policy DEV1; policies DEV3 and DEV24 of the Tower Hamlets Interim Planning Guidance; and, draft Policy DM23 within the submission stage Managing Development DPD. The proposed development would be of a high standard of sustainable design and construction and would successfully minimise carbon dioxide emissions through energy efficiency measures and renewable energy technologies. Whilst the energy strategy would not achieve the target carbon dioxide reductions sought by the London Plan, or the emerging Tower Hamlets Managing Development DPD, it is accepted that there is no scope for further viable carbon dioxide reductions in this case, and the energy strategy is, therefore, acceptable. The development would also deliver significant urban greening, biodiversity and urban drainage benefits, over the existing situation at the site. The development is, therefore, acceptable with respect to the NPPF; London Plan policies 5.2, 5.3, 5.5, 5.6, 5.7, 5.10, 5.11, 5.13, 7.19 and 7.21; Core Strategy policies SP04, SP05 and SP11; policies CP31, DEV5, DEV6, DEV7, DEV8 and DEV9 of the Tower Hamlets Interim Planning Guidance; and, draft policies DM11, DM13 and DM29 of the submission stage Managing Development DPD. Given the urban context of the site, the environmental impact of the development on the amenity of neighbours in terms of: impact on daylight and sunlight; overshadowing; noise; overlooking; and, light spill is acceptable given the general compliance with relevant Building Research Establishment guidance and local policy standards. The development is, therefore, acceptable with respect to the NPPF; London Plan Policy 7.6; Core Strategy policies SP03 and SP10; saved UDP policies DEV2 and DEV50; policies DEV1 and DEV10 of the Tower Hamlets Interim Planning Guidance; and, and draft Policy DM25 of the submission stage Managing Development DPD. Transport matters with respect to: travel planning; impacts on the transport network; provision of parking; walking/pedestrian environment; servicing