Development Management Service Planning and Development Division Environment and Regeneration Department PO Box 3333 222 Upper Street London N1 1YA

PLANNING COMMITTEE AGENDA ITEM NO: Date: 17th January 2013 NON-EXEMPT

Application number P122148 Application type Planning Application Ward Bunhill Ward Listed building None of the site Conservation area N/A Development Plan Context CAZ, Central London Area Special Policy Licensing Implications Licensing application made for alcohol, dancing, live

entertainment and music Site Address: Worcester Point [Formerly City Central Estate 89-93 Central

Street, 61 Lever Street, 35-39 Seward Street], Central Street, Islington, London EC1

Proposal Change of Use of ground floor and part basement level from operations within the B1 (office) use class and 81 square metres of A1 (retail) floor space to 2492 square metres sui generis conference centre and Masonic meeting venue floorspace to include or permit use for training, presentations, product launches, fashion shows, antique and collectors fairs, weddings, bar mitzvahs, funerals, receptions, private parties, the provision of music, dance, entertainment, bar and lounge area; and 595sqm of floor space for flexible B1(office) /A1(retail)/ A2 (financial and professional services)/ A3 (cafe and restaurant) /D1 (non residential institutions)/ D2 (assembly and leisure) use.

Case Officer Stefan Sanctuary Applicant Mount Anvil plc Agent Blue Sky Planning

1.0 RECOMMENDATION

The Committee is asked to resolve to GRANT planning permission:

1. for the reasons for approval; 2. subject to the conditions set out in Appendix 1; and 3. subject to the Unilateral Agreement ‘Deed Of Undertaking by DAC Beachcroft dated

11th December secured in condition 2 (and attached as Appendix 3 to this report).

2.0 SITE PLAN (site outlined in red)

3.0 PHOTOS OF SITE

4.0 SUMMARY

4.1 The current proposal duplicates the ground and basement floors of the scheme previously allowed at appeal by the Planning Inspectorate. The proposal involves the provision of 2,492 square metres of (sui generis use class) conference centre and Masonic meeting venue floorspace to include or permit use for training, presentations, product launches, fashion shows, antique and collectors’ fairs, weddings, bar mitzvahs, funerals, receptions, private parties, the provision of music, dance, entertainment, bar and lounge area. The proposal also includes the provision of 595sqm of floor space for flexible B1 (office)/A1 (retail)/ A2 (financial and professional services)/ A3 (cafe and restaurant) /D1 (non residential institutions)/ D2 (assembly and leisure) use.

4.2 The development has already been approved at appeal by the Planning Inspectorate

under P112417. In any case, it is considered that the nature of the use proposed, while distinct from B1 use, would generate substantial employment opportunities and would result in considerable commercial activity on a day-to-day basis, akin to that of office floorspace.

4.3 Any permission would be subject to suitably worded conditions to ensure that residential

amenity is protected, the principles of inclusive design are adhered to, the required sustainability criteria are met and potential impacts on the highway network are addressed through proper mobility car parking provision, cycle parking and control of servicing arrangements.

5.0 SITE AND SURROUNDING

5.1 The application site is generally rectangular in shape and contains the recently-constructed part 6 part 7-storey building granted under planning permission P102725. The site has 3 street frontages namely Central Street to the east, Lever Street to the north and Seward Street to the south and previously contained two single- and two-storey buildings comprising 2500sqm of commercial floorspace.

5.2 The surrounding area is characterised by a mixture of residential, commercial, business and leisure uses. There is no prevailing age or architectural style to the buildings within the vicinity of the site. A site inspection confirmed that there are numerous examples of buildings from the Victorian, interwar, post-war periods along with modern and contemporary structures. Heights of buildings also vary greatly from residential tower blocks to 2-storey warehouse buildings.

5.3 To the west of the application site and fronting Lever Street is a 2-storey residential building known as Telfer House which is separated from the existing buildings by a small car-parking area. The single-storey rear projection of the site wraps behind this parking area. There are no windows to the flank walls of Telfer House which front the application site. Also to the west, but fronting Seward Street are nos. 31 and 33 Seward Street which comprise two 6-storey residential buildings. No windows are located within the east facing flank walls fronting the site but there are rear (north facing) windows within this adjacent building.

5.4 To the south of the site is a newly developed site which contains a number of buildings varying in height from four to ten storeys. The development has been built out in accordance with planning permission reference P070849 and includes 274 flats and a variety of commercial uses. To the north of the site and fronting Lever Street is a part 5,

part 4 residential building with ground floor commercial use known as Barnabas House. To the east of the site and fronting Central Street is a 5-storey residential building with ground floor commercial use known as Chadworth House.

5.5 The application site is not located within a designated conservation area, but is adjacent to St Luke’s Conservation Area. There are no listed buildings, nor any locally listed buildings, on site.

6.0 Proposal (in Detail) 6.1 The permission that was previously granted under reference P102725 for the demolition

of the existing part single, part 2-storey warehouse and office buildings and erection of a part 6, part 7-storey mixed-use building comprising 162 residential units (76x1, 64x2 and 22x3 bedroom flats), 2,587sqm of B1 office floorspace and 81sqm of A1 retail floorspace has now been implemented, though not fully occupied.

6.2 Since this previous permission, a further planning application, in line with that previously granted, but with a change of use on the ground and basement floors to 2,492sqm of composite D1 / D2 use and residual commercial floorspace of 595sqm B1/A1/A2/A3/D1 or D2 use, was made under reference P112417. This planning application was refused but then subsequently allowed on appeal. The appeal scheme included a unilateral undertaking incorporating the provision of an affordable workspace unit and discounted community space.

6.3 The application under consideration here is for the change of use of 2,492 square metres of office floor space (B1 use class) at ground floor and part basement level to conference centre and Masonic meeting venue floorspace (sui generis use class) to include or permit use for training, presentations, product launches, fashion shows, antique and collectors fairs, weddings, bar mitzvahs, funerals, receptions, private parties, the provision of music, dance, entertainment, bar and lounge area; and 595sqm of floor space for flexible B1(office)/A1(retail)/ A2 (financial and professional services)/ A3 (cafe and restaurant) /D1 (non residential institutions)/ D2 (assembly and leisure) use.

6.4 There are some ancillary basement uses associated with the conference centre, though the basement area largely remains in line with the original permission. The building has been constructed of brick cladding, reconstituted stone cladding, blue brick on the ground floor and aluminium panels at roof level as well as glazed balconies. Some minor changes are proposed to the external appearance of the building at ground floor to facilitate the change from office floorspace to conference centre.

7.0 RELEVANT HISTORY:

7.1 There is a considerable planning history on this site, though the only relevant applications are the following:

- Planning application LBI ref: P072106 for the ‘Demolition of existing buildings and

erection of a part 6, part 7 storey building over basement to provide for 161 residential units, 2587sqm of B1 (office) floorspace, 81sqm of A1 (shop/retail) floorspace and ancillary bicycle, motorcycle, and car parking provision at basement level’ was GRANTED on 29/02/2008.

- Planning application LBI ref: P102725 for ‘Minor material amendment application to

vary condition 31 (approved plans) together with associated variation of condition 3, 4, 7, 8, 11, 15, 17, 20 and 24 of planning permission P072106 dated 29/02/2008 for the: 'Demolition of existing buildings and erection of a part 6, part 7 storey building over basement to provide for 161 residential units, 2587sqm of B1 (office) floorspace, 81sqm of A1 (shop/retail) floorspace and ancillary bicycle, motorcycle, and car parking provision at basement level'. The minor material amendments are:

A] revised design of all elevations; B] alteration to building envelope and alteration of ground floor building lines; C] reconfiguration of ground floor unit layout, relocation of ramp to basement,

increase number of and amendments to refuse enclosures, relocation of sub-station, and cycle parking part provided at ground floor level;

D] alteration in basement footprint, reconfiguration of basement floor layout, relocation of ramp within basement, and increase provision of lift/core access to the basement; and

E] revised/updated details of energy, rooftop structure, western wall and sound insulation between ground floor employment and first floor residential uses’ was GRANTED on 15/07/2011.

- Planning application LBI ref: P112417 for the ‘Erection of a part 6, part 7 storey

building over basement to provide for 161 residential units; 2492sqm for use principally as a conference centre and Masonic meeting venue and ancillary to the main D1 use to include or permit use for training, presentations, product launches, fashion shows, antique and collectors fairs, weddings, bar mitzvahs, funerals, receptions, private parties, the provision of music, dance, entertainment, bar and lounge area; 595sqm of floorspace for flexible B1/A1/A2/A3/D1/D2 use; with associated bicycle, motorcycle and car parking spaces at basement level’ was GRANTED on appeal by the secretary of state on the 20th September 2012.

- Planning application LBI ref: P120208 to ‘vary the wording of condition 14 (renewable

energy) and 30 (approved plans) of planning permission reference P102725 dated 15 July 2011. This application was approved on the 27th March 2012.

- Planning application LBI ref: P121020 for the ‘Change of Use of the ground floor and

part basement level from its current permitted use for operations within the B1 (office) use class and 81 square metres of A1 (retail) floor space to use of 2492 square metres of the floor space for a Sui Generis use as a conference centre and Masonic meeting venue to include or permit use for training, presentations, product launches, fashion shows, antique and collectors fairs, weddings, bar mitzvahs, funerals, receptions, private parties, the provision of music, dance, entertainment, bar and lounge area; and 595sqm of floor space for flexible B1(office)/A1(retail)/ A2 (financial and professional services)/ A3 (cafe and restaurant) /D1 (non residential institutions)/ D2 (assembly and leisure) use. This application was refused on the 9th August 2012.

8.0 CONSULTATION

Public Consultation

8.1 Letters were sent to occupants of 773 adjoining and nearby properties at Lever Street, Central Street, Central Street and Pear Tree Street on the 5th October 2012. A site

notice and press advert was displayed on the 5th October 2012. The public consultation of the application therefore expired on the 1st November 2012. However it is the Council’s practice to continue to consider representations made up until the date of a decision.

8.2 At the time of the writing of this report, 3 representations were received from

neighbouring occupiers. The points made can be summarised as follows (with the paragraph numbers where those issues are addressed within this report listed after each statement):

- the proposed change of use to a conference centre and meeting venue would lead to

an increase in noise, disturbance and light pollution, which would be detrimental to the amenity of neighbouring residents [paragraphs 9.13 – 9.14]

- the proposed change of use would lead to a loss of privacy for residents, particularly if the ground floor / commercial occupants are allowed to use the communal garden space in the courtyard [paragraphs 9.13 – 9.14]

External Consultees

8.3 Some of the below comments were provided by officers in relation to the application which was allowed at appeal (LBI reference: P112417) or the previous change of use application for the same mix of uses (reference: P121020). However given these comments have specific relevance to the changes sought in this application and the similarities of the two schemes they are still considered to apply and are included below:

8.4 London Fire and Emergency Planning Authority identify that the plans show compliance

with the requirements of approved document B regarding fire-fighting access and construction. Raise no concerns over the proposals.

Internal Consultees

8.5 Access Officer has not raised any concerns with the proposed development. 8.6 Design and Conservation Officer raised no comments on the proposed change of use as

the proposal only makes very limited physical external changes. 8.7 Public Protection (noise team) raised no objection subject to the imposition of conditions

and informatives. 8.8 Business Development Officer identified that if an affordable workspace unit was to be

provided on site this should accord with emerging policy DM33 in terms of being provided at a peppercorn rent and other stipulations. The officer identified that an in-lieu contribution to be invested in the adjacent St Lukes Community Centre (and existing business support and stimulation initiatives undertaken there) would in this instance be preferable to an onsite provision.

8.9 Sustainability Officer raised no objections assuming it has no implications for the

implementation of the approved energy strategy for the wider development (LBI ref P121020).

8.10 Street Environment (Waste) confirmed that the plans look acceptable from a waste

management perspective.

8.11 The Council’s Acoustic Officer recommended a more robust sound insulation condition

to deal with the proposed D1 / D2 use which includes live music, dance, entertainment as well as private parties and a bar / lounge.

8.12 Councillor Webbe (Ward Councillor for Bunhill Ward)– Identified they had no objections

to the proposal, considered that the scheme will provide an enhanced frontage onto Central Street adding a sense of community and has a potential to provide residents with enhanced local facilities and employment opportunities. It was noted that the conference centre, given its scale and size, would have the potential to provide more realistic and accessible employment opportunities for unemployed local people and a better chance of providing actual jobs/employment for local tenants and residents.

9.0 RELEVANT POLICIES

Details of all relevant policies and guidance notes are attached in Appendix 2. This report considers the proposal against the following development plan documents.

National Guidance

9.1 The National Planning Policy Framework 2012 seeks to secure positive growth in a way that effectively balances economic, environmental and social progress for this and future generations. The NPPF is a material consideration and has been taken into account as part of the assessment of these proposals.

Development Plan

9.2 The Development Plan is comprised of the London Plan 2011, Islington Core Strategy 2011 and Islington Unitary Development Plan 2002. The Development Plan policies that are considered relevant to this application are listed in Appendix 2

Emerging Policy Documents

A. Islington’s Development Management Policies –Submission, June 2012

B. Finsbury Local Plan –Submission, June 2012 9.3 The Submission documents of Islington’s Development Management Policies and

Finsbury Local Plan, were published in June 2012. This was submitted to the Secretary of State on 16/08/2012, the draft development plan documents listed below are currently subject to Independent Examination and are relevant to this application:

• Development Management Policies; and

• Finsbury Local Plan

9.4 Hearings pertaining to the Independent Examination were held between 10 and 12 December 2012. Following these hearings, the council has proposed amendments to certain emerging policies/allocations which aim to resolve objections raised by representors. Key policies/allocations proposed to be amended and/or which are subject to unresolved objections are:

Development Management Policies:

Policy DM3 (Heritage) Policy DM29 (Social and strategic infrastructure and cultural facilities) Policy DM31 (Loss of existing business floorspace)

Finsbury Local Plan: Policy BC8 (Achieving a balanced mix of uses) - Part A 9.5 All emerging policies and allocations have a degree of weight as material considerations

in the decision-making process. However, prior to receipt of the Inspector's Report on the outcome of the Independent Examination (expected in early March 2013), policies/allocations listed above should be considered to have relatively limited weight. Other emerging policies and allocations contained within these draft documents carry more significant weight.

Site Allocations

9.6 Finsbury Local Plan – Submission Document, June 2012

BC1 Kings Square and St Luke’s BC8 Achieving a balanced mix of uses BC10 Implementation

Designations

9.7 The site has the following designations under the London Plan 2011, Islington Core Strategy 2011 and Islington Unitary Development Plan 2002: - Central London Area Special Policy - Central Activities Zone (CAZ) - EC1 New Deal for Communities Area

- Aerodrome Safeguarding area. - Within 50 metres of the St Luke’s

Conservation Area.

Supplementary Planning Guidance (SPG) / Document (SPD)

9.8 The SPG’s and/or SPD’s which are considered relevant are listed in Appendix 2.

10.0 ASSESSMENT

10.1 The main issues arising from this proposal relate to:

- Land use - Noise considerations - Impact on neighbouring residential amenity - Accessibility and inclusive design; - Highways and transportation implications

Land-use

10.2 Planning permission was previously granted under P102725 for the redevelopment of the site to provide ground / basement commercial floorspace and 161 residential units on upper floors with associated access and basement parking / storage. The approved commercial floorspace comprised 2,587sqm of B1 office space and 81sqm of A1 retail floorspace. This office floorspace has never been occupied and a recent planning application involving a change of use of the ground floor to a conference centre and Masonic meeting venue was recently allowed at appeal by the Planning Inspectorate under reference P112417.

10.3 The appeal scheme included an undertaking to provide an affordable workspace unit

and discounted community space and mirrored the scheme under consideration here. Specifically, the scheme involves 2,492 sqm of D1 / D2 use floorspace as well as 595 sqm of flexible B1/A1/A2/A3/D1/D2 floorspace. The Inspector’s decision is a key material consideration and it is considered that the principle of the proposal has been considered acceptable in accordance with national guidance and local planning policy. Notwithstanding this, and for the sake of completeness, an assessment of the scheme’s merits against the existing planning context is called for.

10.4 While Policy E4 of Islington’s Unitary Development Plan resists the loss of B1 office

floorspace, Policy CS7 of the Islington Core Strategy states that employment development within Bunhill and Clerkenwell should contribute to a diverse local economy which supports and complements the central London economy. The Finsbury Local Plan (Area Action Plan for Bunhill and Clerkenwell) identifies the area to the south of the site towards Farringdon and Old Street stations as a focus for office-led development, while encouraging community and residential uses in the area around King Square and St Luke’s. While the Finsbury Local Plan has not been fully adopted, it does indicate policy direction for this area, encouraging mixed-use developments which include employment-generating uses in general rather than specifically B1 floorspace.

10.5 Recent proposed reforms to the planning system aim at ensuring that the sustainable

development needed to support economic growth is able to proceed as easily as possible. As such, the National Planning Policy Framework emphasises the importance of taking account of relevant market and economic signals to inform judgements about levels of demand and stresses that development that is sustainable should go ahead, without delay. Crucially, the NPPF indicates that in order to aid economic growth, a flexible approach should be adopted regarding land use and applications for alternative employment uses should be treated on their own merits.

10.6 While the proposed development involves the loss of B1 office floorspace, there is no

overall reduction in employment floorspace. The application is accompanied by a Business Plan and Operator Statement which outlines the nature of the uses proposed including details on hours of operation, type of uses and numbers of employees. The Central London Masonic Centre will occupy and operate from the site, providing Masonic dining and meeting facilities. Masonic meetings generally occur from mid-afternoon onwards and the season runs from September until June. The space would also provide meeting rooms and conference and training facilities to the public and would be available for events and weddings during the summer months when the building is not used for Masonic events. The Central London Masonic Centre would employ 50 full-time members of staff, though this does not include clients hiring the space for corporate meetings, training and conference events.

10.7 It is considered that the nature of the use proposed, while distinct from B1 use, would

generate substantial employment opportunities and would result in considerable commercial activity on a day-to-day basis, akin to that of office floorspace. The remaining ground floor space is proposed to be flexible B1/A1/A2/A3/D1/D2 use. Part A of Policy CS7 identifies that ‘Small/Medium Enterprises (SMEs), which have historically contributed significantly to the area, will be supported and encouraged. The application includes the provision of affordable workspace and discounted community space which is secured through a Unilateral Undertaking (APPENDIX 3).

10.8 In line with the National Planning Framework, employment uses should be considered

and assessed taking into account of actual demand and market signals. While market signals clearly indicate demand for the proposed use, given that occupation of the site by Central London Masonic Centre has already been agreed, the flexibility of the remaining floorspace will ensure that market demand will inform its eventual use. Any permission would be subject to suitable conditions allowing for control of the ground floor uses once they are occupied.

Conservation and Design

10.9 The application proposes some minor alterations to the frontages at ground floor level in

order to facilitate the change of use. The changes include the repositioning of entrance doors and fenestration. The alterations proposed would not affect the integrity of the building and are considered acceptable in terms of design and appearance.

Neighbouring Amenity

10.10 Relevant council policy identifies that residential amenities should be appropriately

safeguarded when assessing the implications of development proposals. In the case of this application there is no physical change in terms of the siting of the floorspace, and thus the evaluation purely relates to whether the proposed use and associated operations would unduly compromise neighbouring amenities. While the Planning Inspectorate have already agreed to the principle of the use being applied for, considering it to be in accordance with local and national planning policy and guidance, consideration of the proposal’s impacts is still necessary.

10.11 Directly above the floors subject to the proposed change of use are recently constructed

and occupied residential units. The surrounding area is characterised by a mixture of uses with residential as well as commercial uses. Given that no physical changes are proposed it is not considered that the scheme presents any issues with regard to daylight/sunlight considerations. Similarly with regard to overlooking and privacy, the proposed change of use raises no additional concerns. In order to ensure this, any permission will be subject to a condition restricting the use of the courtyard to the residential occupiers in the floors above.

10.12 The use proposed at ground floor includes weddings, private parties, the provision of

music, dance, entertainment as well as a bar and lounge area. While the principle of the use has been established by the recent appeal decision, the impact of the use can still be minimised by appropriate conditions. The proposed use would have substantially different noise and disturbance impacts from the existing office use and thus a further condition mitigating its impacts is considered appropriate in this instance.

Highways and Transportation

10.13 The site has a Public Transport Accessibility Level (PTAL) rating of ‘very good’ (PTAL = 5) and the application site is located within Zones ‘A’ and ‘C’ Controlled Parking Zones (CPZ). Old Street underground station is located approximately 500m east of the site, and 2 bus stops, served by 5 services are located within 500 and 200m of the site. The London Borough of Islington is the Highway Authority for Lever Street, Seward Street and Central Street and none of these roads are categorised as a red route.

10.14 The application has been submitted with a transport assessment, which details the

development’s transport impacts and the use of sustainable transport methods. It is considered that subject to appropriate conditions with regard to servicing details that the uses proposed would not have a detrimental impact on the highway network. Any permission would be subject to appropriately worded conditions to ensure that disabled parking bays and cycle storage is provided in line with previous permissions.

Sustainability, Energy Efficiency and Renewable Energy

10.15 The application proposes the change of use of parts of the ground and basement floor of

the building recently constructed in accordance with planning permission (LBI reference P120208). The guiding principle is for the change of use not to diminish the sustainability levels and energy efficiencies achieved and secured with the permission recently constructed.

10.16 The scheme which has now been implemented, required the development to achieve a

high standard of sustainability and energy efficiencies and an overall reduction in CO2 emissions via renewable energy initiatives.

10.17 With regard to the commercial uses that this application proposes to replace at ground

and basement level, a commitment and condition was attached to meet the Building Research Establishment’s BREEAM-Bespoke, and retail ‘Excellent’ standard. Typically the Council would require documentation and evidence at application stage to demonstrate that such a rating could be achieved for the proposed development. Given the context of the site, its planning history and the fact that this application proposes a change of use as opposed to physical alterations, it is considered appropriate that a condition could be attached in the absence of this information requiring that the floor space affected by the change of use achieve a BREEAM excellent rating.

10.18 With regard to other relevant considerations such as CO2 reduction via renewable

technologies and connection to a decentralised energy network these matters are not considered necessary to be conditioned as these have already been secured within the permission for the wider development under application reference P120208. Accessibility

10.19 London Plan policy 7.2 requires developments be designed to be inclusive.

10.20 The proposed layout has been designed with these principles in mind and the layout for these floors as previously approved at appeal is considered acceptable. It is noted that the development will be required to comply with Building Regulations Part M ‘access to and use of buildings’. A condition is recommended to secure level access.

National Planning Policy Framework and Final Balancing Exercise

10.21 The NPPF sets out 12 core planning principles that should underpin decision-taking. Of these, the current proposal is particularly strong in relation to design, climate change, effective re-use of brownfield land and sustainable transport. With regard to the 3 dimensions of sustainable development, the current proposal is particularly relevant to the economic roles of the planning system, i.e. contributing to building a strong, responsive and competitive economy. The proposal is considered to be compliant with the relevant NPPF planning policies regarding building a strong, competitive economy (section 1).

10.22 It should be noted, that the principle of proposed change of use has already been

approved by the Planning Inspectorate. And thus, in the final balance of planning considerations, and with particular regard to the Government’s and Council’s priorities regarding enabling a strong competitive economy, it was considered that the positive aspects of the proposal significantly outweigh the disbenefits. On this basis, approval of planning permission is recommended.

11.0 SUMMARY AND CONCLUSION

Summary 11.1 The current proposal duplicates the ground and basement floors of the scheme

previously allowed at appeal by the Planning Inspectorate. The proposal involves the provision of 2,492 square metres of (sui generis use class) conference centre and Masonic meeting venue floorspace to include or permit use for training, presentations, product launches, fashion shows, antique and collectors’ fairs, weddings, bar mitzvahs, funerals, receptions, private parties, the provision of music, dance, entertainment, bar and lounge area. The proposal also includes the provision of 595sqm of floor space for flexible B1 (office)/A1 (retail)/ A2 (financial and professional services)/ A3 (cafe and restaurant) /D1 (non residential institutions)/ D2 (assembly and leisure) use.

11.2 The development has already been approved at appeal by the Planning Inspectorate

under P112417. In any case, it is considered that the nature of the use proposed, while distinct from B1 use, would generate substantial employment opportunities and would result in considerable commercial activity on a day-to-day basis, akin to that of office floorspace.

11.3 Any permission would be subject to suitably worded conditions to ensure that residential

amenity is protected, the principles of inclusive design are adhered to, the required sustainability criteria are met and potential impacts on the highway network are addressed through proper mobility car parking provision, cycle parking and control of servicing arrangements.

Conclusion

11.4 The principle of the development has previously been agreed by the Planning

Inspectorate on appeal and the development is considered to be appropriate and in accordance with relevant National and Regional Guidance, the National Planning Policy Framework, UDP policies and Supplementary Planning Documents and other material

considerations for the reasons noted above. Approval is recommended subject to conditions

APPENDIX 1 – RECOMMENDATIONS RECOMMENDATION A That planning permission be granted subject to the submitted Unilateral Undertaking under section 106 of the Town and Country Planning Act which secures the following planning obligations:

- the provision of an affordable workspace unit at a peppercorn rent; - the provision of community space at a subsidised rate made available to local

community groups. RECOMMENDATION B That if members are minded to approve this proposal (subject to conditions) officers recommend that the following summary forms the reasons for grant to be published on the decision notice:

This proposal has been approved following consideration of all the relevant policies in the Development Plan (London Plan 2011, Islington Core Strategy 2011 and Islington Unitary Development Plan 2002), the National Planning Policy Framework (2012) and other material considerations. - This decision was made by the Members of the Planning Committee on 17 January

2013. - The delivery of this scheme would be consistent with the broad aims of the NPPF

and its presumption in favour of sustainable development that supports economic growth;

- The current proposal duplicates the ground and basement floors of the scheme previously allowed at appeal by the Planning Inspectorate. The proposal involves the provision of 2,492 square metres of (sui generis use class) conference centre and Masonic meeting venue floorspace to include or permit use for training, presentations, product launches, fashion shows, antique and collectors’ fairs, weddings, bar mitzvahs, funerals, receptions, private parties, the provision of music, dance, entertainment, bar and lounge area. The proposal also includes the provision of 595sqm of floor space for flexible B1 (office)/A1 (retail)/ A2 (financial and professional services)/ A3 (cafe and restaurant) /D1 (non residential institutions)/ D2 (assembly and leisure) use. It is considered that the nature of the use proposed, while distinct from B1 use, would generate substantial employment opportunities and would result in considerable commercial activity on a day-to-day basis, akin to that of office floorspace. The proposal is thus in accordance with Policies 4.1, 4.2 and 4.3 of the London plan (2011), Policies CS7 and CS13 of the Islington Core Strategy (2011) and emerging Development Management Policy DM33.

- Any permission would be subject to suitably worded conditions to ensure that residential amenity is protected, the principles of inclusive design are adhered to, the required sustainability criteria are met and potential impacts on the highway network are addressed through proper mobility car parking provision, cycle parking and control of servicing arrangements. Subject to these conditions, the proposal complies with Policy 4.12, 5.3, 7.2 and 7.15 of the London Plan (2011), CS9 and CS10 of the Islington core Strategy (2011) and Policy Env16 & 17 of the Islington Unitary Development Plan (2002).

RECOMMENDATION C That the grant of planning permission be subject to conditions to secure the following:

List of Conditions:

1 COMMENCEMENT CONDITION: The development hereby permitted shall be begun not later than the

expiration of three years from the date of this permission. REASON: To comply with the provisions of 91(1)(a) of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004 (Chapter 5).

2 APPROVED LIST OF DRAWINGS AND DOCUMENTS CONDITION: The development hereby approved shall be carried out in accordance

with the following approved plans: Planning Statement letter dated 25th September 2012; Proposed Ground Floor Plan 5328/P0002 Rev B; Proposed Basement Plan 5328/P0004; Local Office Market Study dated October 2011; Market Appraisal prepared by Mount Anvil dated May 2012; Transport Statement dated October 2012; Office Space Appraisal dated 3rd February 2012; Operator Statement and Business Plan dated March 2012; Acoustic Assessment Report 4693/AAR Rev 1; Deed Of Undertaking by DAC Beachcroft dated 11th December. REASON: To comply with Section 70(1)(a) of the Town and Country Act 1990 as amended and the Reason for Grant and also for the avoidance of doubt and in the interest of proper planning.

3 DETAILS OF GROUND FLOOR COMMERCIAL FRONTAGES CONDITION: Any changes to the frontages of the proposed ground floor

commercial / community uses shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development and maintained as such thereafter. REASON: To ensure that the Authority may be satisfied with access arrangements and the external appearance of the buildings in accordance with Policy 7.2 of the London Plan, Policy CS9 of the Islington Core Strategy and Development Management Policy DM2.

4 LEVEL ACCESS CONDITION: All ground floor business/commercial and residential entrances shall

have a level access. REASON: To ensure that all units are accessible to those with mobility difficulties in

accordance with policy 7.2 of the London Plan 2011.

5 NO TINTING CONDITION: The window glass of all ground floor commercial units shall not be

painted, tinted or otherwise obscured and no furniture or fixings which may obscure visibility above a height of 1.4m above finished floor level be placed within 2.0m of the inside of the window glass. REASON: In the interest of pedestrian security and to secure an appropriate street frontage and appearance.

6 BREEAM ASSESSMENT CONDITION: A study confirming that the development achieves a BREEAM rating

of ‘Excellent’ shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the development hereby approved. The development shall be carried out strictly in accordance with the details so approved, shall be maintained as such thereafter and no change therefrom shall take place without the prior written consent of the Local Planning Authority. REASON: In the interest of sustainable development in accordance with Policies 5.1, 5.2 and 5.3 of the London Plan (2011) and Policy CS10 of the Islington Core Strategy (2011).

7 NOISE ASSESSMENT CONDITION: Full particulars and details of a scheme for sound insulation between

the proposed ground floor uses and the residential use of the building shall be submitted to and approved in writing by the Local Planning Authority prior to the use commencing on site. The sound insulation and noise control measures shall be carried out strictly in accordance with the details so approved, shall be implemented prior to the first occupation of the development hereby approved, shall be maintained as such thereafter and no change therefrom shall take place without the prior written consent of the Local Planning Authority. REASON: In the interest of preventing undue noise transfer between the office and residential units, in accordance with policy 7.15 of the London Plan (2011).

8 CYCLE PARKING CONDITION: A total of 11 cycle parking spaces of the 172 cycle parking spaces

provided on site shall be reserved for the ground floor use hereby approved and provided prior to the first occupation of the development hereby approved. REASON: To ensure adequate cycle parking is available and easily accessible on site and to promote sustainable modes of transport in accordance with Policy CS10 of the Islington Core Strategy (2011).

9 REFUSE STORAGE CONDITION: The dedicated refuse / recycling enclosures hereby approved shall be

provided prior to the first occupation of the development hereby approved. The development shall be carried out strictly in accordance with the plans approved and

no change therefrom shall take place without the prior written consent of the Local Planning Authority. REASON: To ensure satisfactory refuse/recycling facilities are provided in accordance with policy D3 of the Islington UDP 2002.

10 FLEXIBLE UNITS CONDITION: The layout of the basement / ground floor flexible units shall be

submitted to and approved in writing by the Local Planning Authority prior to their occupation. REASON: The acceptability of the layout of all commercial uses needs to be considered in order to assess the overall impact of the proposal on the streetscene. In order to comply with policies: D3; Env12; S29; T45; T49; T21; T45 and T55 of the Islington UDP 2002.

11 OPENING TIMES CONDITION: The ground floor uses hereby approved shall not operate except

between the hours of: 09:00 to 23:30 Monday to Saturday 10:00 to 17:00 on Sundays REASON: To ensure that the proposed development does not prejudice the enjoyment by neighbours of their premises in accordance with Policy 7.15 of the london Plan (2011).

12 SERVICING AND MANAGEMENT

CONDITION: A plan detailing management and servicing arrangements including, but limited to, the location, times and frequency of deliveries shall be submitted to and approved in writing by the Local Planning Authority) prior to the first occupation of the development hereby approved. The development shall be constructed and operated strictly in accordance with the details so approved, shall be maintained as such thereafter and no change therefrom shall take place without the prior written consent of the Local Planning Authority. REASON: To ensure that the resulting servicing arrangements are satisfactory in terms of their impact on highway safety and the free-flow of traffic in accordance with policies: 6.11 and 7.15 of the London Plan 2011 and policies: Env16 and Env17 of Islington’s Unitary Development Plan

13 DISABLED PARKING CONDITION: Notwithstanding the plans hereby approved the basement car-park

shall provide for no less than 5 disabled car parking spaces. REASON: To ensure that all units are accessible to those with mobility difficulties in accordance with policy 7.2 of the London Plan 2011.

List of Informatives:

1 POSITIVE STATEMENTS To assist applicants in a positive manner, the Local Planning Authority has produced

policies and written guidance, all of which is available on the Council’s website. A pre-application advice service is also offered and encouraged. Whilst no pre-application discussions were entered into, the policy advice and guidance available on the website was followed by the applicant. The applicant therefore worked in a proactive manner taking into consideration the policies and guidance available to them, and therefore the LPA delivered a positive decision in a timely manner in accordance with the requirements of the NPPF.

2 ROLLER SHUTTERS

The scheme hereby approved does not suggest the installation of external rollershutters to any entrances or ground floor glazed shopfronts. The applicant is advised that the council would consider the installation of external rollershutters to be a material alteration to the scheme and therefore constitute development. Should external rollershutters be proposed a new planning application must be submitted for the council’s formal consideration.

3 CRIME PREVENTION ADVICE The Metropolitan Police, Crime Prevention Officer has advised that in order to

achieve Secured by Design, the following measures should be included within the specification of the building:

a) all windows at lower ground and ground floor levels should be fitted with laminated glass to meet with BS7950.

All external door enclosures should be PAS24 or European Standard WCL1.

4 UNILATERAL UNDERTAKING You are advised that this application is subject to a Unilateral Undertaking

referenced under condition 2.

APPENDIX 2 : RELEVANT POLICIES

This appendices list all relevant development plan polices and guidance notes pertinent to the determination of this planning application.

1. National Guidance

The National Planning Policy Framework 2012 seeks to secure positive growth in a way that effectively balances economic, environmental and social progress for this and future generations. The NPPF is a material consideration and has been taken into account as part of the assessment of these proposals.

2. Development Plan The Development Plan is comprised of the London Plan 2011, Islington Core Strategy 2011 and Islington Unitary Development Plan 2002. The following policies of the Development Plan are considered relevant to this application: A) The London Plan 2011 - Spatial Development Strategy for Greater London 2 London’s places Policy 2.2 London and the wider metropolitan area Policy 2.3 Growth areas and co-ordination corridors Policy 2.10 Central Activities Zone – strategic priorities Policy 2.11 Central Activities Zone – strategic functions Policy 2.12 Central Activities Zone – predominantly local activities Policy 2.13 Opportunity areas and intensification areas 3 London’s people Policy 3.16 Protection and enhancement of social infrastructure 4 London’s economy Policy 4.1 Developing London’s economy Policy 4.2 Offices Policy 4.3 Mixed use development and offices Policy 4.4 Managing industrial land and premises Policy 4.6 Support for and enhancement of arts, culture, sport and entertainment provision Policy 4.8 Supporting a successful and diverse retail sector

5 London’s response to climate change Policy 5.1 Climate change mitigation Policy 5.2 Minimising carbon dioxide emissions Policy 5.3 Sustainable design and construction Policy 5.5 Decentralised energy networks Policy 5.6 Decentralised energy in development proposals Policy 5.7 Renewable energy Policy 5.9 Overheating and cooling Policy 5.15 Water use and supplies Policy 5.16 Waste self-sufficiency Policy 5.17 Waste capacity 6 London’s transport Policy 6.3 Assessing effects of development on transport capacity Policy 6.4 Enhancing London’s transport connectivity Policy 6.9 Cycling Policy 6.10 Walking Policy 6.11 Smoothing traffic flow and tackling congestion Policy 6.13 Parking 7 London’s living places and spaces Policy 7.2 An inclusive environment Policy 7.13 Safety, security and resilience

Policy 4.9 Small shops Policy 4.10 New and emerging economic sectors Policy 4.11 Encouraging a connected economy Policy 4.12 Improving opportunities for all

to emergency Policy 7.15 Reducing noise and enhancing soundscapes 8 Implementation, monitoring and review Policy 8.2 Planning obligations Policy 8.3 Community infrastructure levy

B) Islington Core Strategy 2011 Spatial Strategy Policy CS7 (Bunhill and Clerkenwell) Strategic Policies Policy CS9 (Protecting and Enhancing Islington’s Built and Historic Environment) Policy CS10 (Sustainable Design)

Policy CS11 (Waste) Policy CS13 (Employment Spaces) Policy CS14 (Retail and Services) Infrastructure and Implementation Policy CS18 (Delivery and Infrastructure)

C) Islington Unitary Development Plan (2002) Environment Policies: Env12 (Community Safety) Env16 & 17 (Protection of Amenity) Economic Regeneration Policies: E1 & E2 (Business Development) E3 (Mixed Use in Business Schemes) E4 (Loss of Business Uses) E13 (Protection of premises for small firms and opportunities for business start-ups) Community Facilities: C2 (Day Facilities) C4 (Community Premises) C5 (Community Premises) C6 (New Community Facilities) C7 (Siting and Design)

Sustainable Transport Policies: T18 (Parking and Traffic Restraint) T34 (Cycle Parking) T45 (Land Use Planning) T47 (Streetscape) T49 (Meeting the Needs of People with Mobility Problems) T52 (Facilities for Cyclists) T55 (New Development) Implementation Policies: Imp5 (Mixed Use) Imp6 (Efficient Use) Imp13 (Community Benefits) Imp14 (Central London) Shopping and Town Centres: S29 (Access to Shops) S31 (A2 and A3 uses)

3. Emerging Policy Documents

The following emerging policy documents do not yet form part of the development Plan, but are a material consideration:

A. Islington’s Development Management Policies

B. Finsbury Local Plan

The Submission documents of Islington’s Development Management Policies and Site Allocations, were published in June 2012. This was submitted to the Secretary of State on 16/08/2012, the draft development plan documents listed below are currently subject to Independent Examination and are relevant to this application:

• Development Management Policies;

• Site Allocations

Hearings pertaining to the Independent Examination were held between 10 and 12 December 2012. Following these hearings, the council has proposed amendments to certain emerging policies/allocations which aim to resolve objections raised by representors. Key policies/allocations, relevant to this application that are proposed to be amended and/or which are subject to unresolved objections are:

Development Management Policies: - Policy DM3 (Heritage) - Policy DM29 (Social and strategic infrastructure and cultural facilities)

All emerging policies and allocations have a degree of weight as material considerations in the decision-making process. However, prior to receipt of the Inspector's Report on the outcome of the Independent Examination (expected in early March 2013), policies/allocations listed above should be considered to have relatively limited weight. Other emerging policies and allocations contained within these draft documents carry more significant weight.

A. Islington’s Development Management Policies – Submission Document June

2012

Design and Heritage DM2 Inclusive Design Shops Culture and Services DM18 Maintaining and promoting small and independent shops DM20 Location and concentration of uses DM24 Dispersed Shops DM25 Shopfronts DM29 Social and strategic infrastructure and cultural facilities Employment DM31 Loss of existing business floorspace DM33 Size and affordability of workspace

Energy and environmental standards DM40 Sustainable design and construction DM42 Decentralised Energy Networks DM43 Sustainable design standards DM44 Heating and cooling Transport DM45 Movement Hierarchy DM46 Managing transport impacts DM48 Walking and cycling DM49 Vehicle parking DM50 Delivery and servicing for new developments Infrastructure and Implementation DM51 Infrastructure DM52 Planning obligations

B. Finsbury Local Plan – Submission Document, June 2012

BC1 Kings Square and St Luke’s BC8 Achieving a balanced mix of uses BC10 Implementation

4. Designations

The site has the following designations under the London Plan 2011, Islington Core Strategy 2011 and Islington Unitary Development Plan 2002:

- Central London Area Special Policy - Central Activities Zone (CAZ) - EC1 New Deal for Communities Area

- Aerodrome Safeguarding area. - Within 50 metres of the St Luke’s

Conservation Area.

5. Supplementary Planning Guidance (SPG) / Document (SPD)

The following SPG’s and/or SPD’s which are considered relevant are listed below:

Islington UDP London Plan - Accessible Housing in Islington - Car Free Housing - Green Construction - Planning Standards Guidelines - Planning Obligations and S106 - Environmental Design

- Accessible London: Achieving and Inclusive Environment

- Sustainable Design & Construction - Planning for Equality and Diversity in

London

APPENDIX 3 – UNILATERAL UNDERTAKING