P-RPT-COM-Main

PLANNING SUB COMMITTEE A AGENDA ITEM NO: B2Date: 6th September 2018

Application number P2018/1303/FULApplication type Full Planning ApplicationWard BunhillListed building Not ListedConservation area St. Luke’s CA16Development Plan Context St Luke’s Conservation Area;

Employment Priority Areas (General);

Central Activities Zone;

Bunhill & Clerkenwell Core Strategy Key Area;

Finsbury Local Plan Area – Bunhill & Clerkenwell;

Article 4 Direction A1-A2;

Licensing Implications NoneSite Address 49-59 Old Street, EC1V 9HXProposal Change of use of 12 Live/Work units (Sui Generis) to 12 Office B1a

units over the first to 6th floor levels and Change of Use of one B1a unit to one B1c Unit (Light Industrial), creation of two roof terraces at first floor level and a further roof terrace at seventh floor level; replacement of existing crittal windows with aluminium double glazed windows; replacement of timber front entrance door with fully glazed automatic door; installation of plant equipment on roof with acoustic screening; installation of PV panels on roof and associated car and cycle parking.

Case Officer Owen GriffithsApplicant London Borough of Islington Agent Fiona Monkman

1. RECOMMENDATION

The Committee is asked to resolve to GRANT planning permission subject to

1. the conditions set out in Appendix 1;

2. conditional upon the prior completion of a Directors Letter Agreement securing the heads of terms as set out in Appendix 1;

PLANNING COMMITTEE REPORTDevelopment Management ServicePlanning and Development DivisionEnvironment and Regeneration Department

P-RPT-COM-Main

2. SITE PLAN (site outlined in red)

3. PHOTOS OF SITE/STREET

3.1 Aerial View of Site

P-RPT-COM-Main

3.2 Street View of Building

3.3 Rear View of Building

P-RPT-COM-Main

4. SUMMARY

4.1 Permission is sought to change the use of 12 live/work units (sui generis) to B1 use over the existing first to 6th floor levels of the host building, 12 office units and 1 light industrial unit, incorporating refurbishment to the building that is in need of maintenance.

4.2 The development proposals have gone through a number of amendments to incorporate inclusive design measures. These include accessible parking (two spaces plus a financial contribution), accessible bathrooms, evacuation lift and refuge areas.

4.3 A B1(c) – light industrial unit has been provided on the ground floor to comply with Finsbury Local Plan Policy BC8. An affordable workspace unit was offered by the applicant but this was deemed unviable due to the size by the inclusive Economy/Affordable workspace officer.

4.4 The seventh floor glazed roof extension has been removed due to the effect this would have on the conservation area. Three roof terraces are proposed, with recessed balustrades. The terraces will be controlled via conditions to ensure they do not affect the amenities of surrounding occupiers and the conservation area. The proposal also seeks permission for new windows to the development general improvements, refuse facilities, accessible parking bays and associated alterations.

5. SITE AND SURROUNDING

5.1 The site is located on the north side of Old Street and is formed of a mid-20 century building consisting of a central seven storey building over basement with two single storey side projections and courtyards beyond this. The central building projects back over an access road set at basement level and abuts the communal garden serving Stafford Cripps Estate to the north. The building has crittal windows, red facing brickwork with decorative features on the Old Street elevation, an externally visible concrete frame, a flat overhanging roof and a central cantilevered entrance.

5.2 The ground floor of the building is split into three parts, with a vacant retail (A1) unit to the east, a café/cycle workshop (Sui Generis) unit to the west and a live/work (Sui Generis) unit to the rear. The upper floors consist of 12 live/work units, two per floor and are accessed from a central doorway fronting onto Old Street.

5.3 This part of Old Street is characterised by a mix of property ages, designs and heights, with the application site forming the highest building at this point by two clear storeys. To the north of the site (outside the conservation area) are three residential tower blocks, each 13 storeys in height with a ‘Y’ shaped footprint, known as the Stafford Cripps Estate. Either side of the development site, along Old Street, are B1 commercial premises and opposite are 3 storey residential properties with retail uses at ground level.

5.4 The site is located within the St Luke’s Conservation Area and while not listed, it is identified in the Conservation Area Design Guidelines as a structure that contributes positively to the character and appearance of the conservation area. The site also lies within the Central Activities Zone and an Employment Priority Area (General).

6. PROPOSAL

6.1 The proposals include a change of use of 12 (sui generis) live/work units to 12 (B1a) office units and the change of use of the ground floor B1a unit to B1c (light industrial). The two retail units on the ground floor will remain unchanged. Two roof terraces will be created at the first floor (above the existing retail units) and one on the 7th floor, via the installation of decking and balustrades set back from the edges of the roof area. Elevation changes are also proposed that include the replacement of the existing Crittall windows with aluminium double glazed windows and replacement of the timber front entrance door with an automatic glazed door. PV panels and plant equipment with acoustic screening will be positioned on the seventh floor roof level.

P-RPT-COM-Main

Revision 1

6.2 The scheme has been revised to address the comments received from the Consultees. These amendments include:

The inclusion of 2 accessible car parking spaces to the rear of the building, 2 spaces, including accessible access to the rear entrance.

Tricycle parking and mobility scooter charging location.

Wheelchair accessible bathrooms, 2 per floor.

Ramp and lift to roof terrace area.

One of the two existing lifts will be converted to an evacuation lift, running on its own power supply.

Designated refuge points, 2 per floor.

The ground floor unit will be a B1(c) unit for light industrial use.

The description was changed to make clear this is a ‘Change of Use’ application and the red line on the site plan was amended to include the new parking areas.

The glazed roof extension will not be granted permission and a condition will secure this.

7. RELEVANT HISTORY:

PLANNING APPLICATIONS:

7.1 P050995 - Temporary change of use for a period of 3 years of ground floor commercial unit and associated open courtyard at western end of the building from Class A3 restaurant/cafe use to Class D1 use as gallery/exhibition space for architectural exhibitions, together with associated book sales, cafe and administrative office areas – Granted Conditional Permission (21/06/2005).

7.2 971717 - Erection of a ground floor level side extension for use as a bar and restaurant – Granted Conditional Permission (19/12/1997).

7.3 971887 - Erection of a ground floor level side extension for use as a bar and restaurant – Granted Conditional Permission (19/12/1997).

7.4 960081 - Change of use to provide on the first to sixth floors 12 live/work units, on the ground floor and open land to the west a gallery/cafe/bar and the erection of a rear ground floor level link structure – Granted Conditional Permission (12/03/1996).

7.5 941127 - Creation of new entrance at ground floor and internal alterations – Granted Conditional Permission (03/01/1995).

7.6 841076 - Change of use of 3rd and 4th floors from storage and office use to a training centre for school-leavers in computer technology – Granted Conditional Permission (09/10/1984).

PRE-APPLICATION ADVICE:

7.7 Pre-application advice was given in relation to the proposals and can be summarised as follows:

P-RPT-COM-Main

- Some provision of affordable workspace should be provided which would weigh in favour of the scheme in considering the planning balance.

- The balustrade to the seventh floor roof terrace should be further recessed from the elevation, so as to be not visible from longer public views.

- The small scale and massing of the glass roof structure may be acceptable if detailed with low iron, low reflective frameless glass.

- The roof terraces would be unlikely to raised amenity concerns with regards to a harmful increase in overlooking, loss of privacy or increase in noise disturbance as to sustain the refusal of the application on this basis.

8. CONSULTATION

Public Consultation

8.1 Letters were sent to occupants of 294 adjoining and nearby properties at Old Street, Parmoor Court Gee Street, Sapperton Court Gee Street, Cotswold Court Gee Street, Timber Street and Golden Lane on 2nd May 2018. A site notice and press advert were displayed on 10th May 2018. The public consultation of the application therefore expired on 31st May 2018, however it is the Council’s practice to continue to consider representations made up until the date of a decision.

8.2 The application underwent a second round of consultation on the 3rd August 2018 to incorporate the amendments to the scheme (paragraph 6.2)

8.3 At the time of the writing 1 response has been received from the public with regard to the application. The letter raises the following concerns:

Object to proposed 7th floor roof terrace and at very least should restrict its use to only be used between 9am and 6 pm on any given day. (10.23 to 10.26)

Object to any plans to place any plant and equipment on the top floor and potential increase in height of the existing building. (10.14)

External Consultees

8.4 None

Internal Consultees

8.5 Housing – No response received.

8.6 Inclusive Design Officer – Various points were raised as concerns by the officer but following amendments and proposals to provide accessible parking bays and internal arrangements reconfigured and lift access improved, officer considers development broadly complies with policy bearing in mind it is a change of use application and not a new build development.

8.7 Conservation and Design Officer

Visible roof level extensions, including balustrades, plant and lift overruns, to this building would harm the architectural character of the non-designated heritage asset and the character and appearance of the conservation area.

It is unusual to formalise terraces on the first floor flat roofs of commercial buildings facing a busy thoroughfare. I would advise that this proposal would harm the character and appearance of the conservation area.

P-RPT-COM-Main

The existing entrance door is probably quite modern; it has an interesting older side panel. Advise retention of the existing solid wooden door.

The profile and slender section of the crittal windows are an important part of the character of this building. Replacement windows on the matching flank have shown harm that is caused by the larger sections of flatter profile aluminium replacement windows. No D&C objection to double glazing steel windows with comparable type of profile are available in double glazing and should be provided.

8.8 Public Protection – Noise -

Roof terrace noise condition should be applied

The first floor and seventh floor roof terraces hereby approved shall not operate outside the hours of:

0800 to 2200 hours Monday to Friday.

Roof Plant condition to minimize noise impact

The design and installation of new items of fixed plant shall be such that when operating the cumulative noise level LAeq Tr arising from the proposed plant, measured or predicted at 1m from the facade of the nearest noise sensitive premises, shall be a rating level of at least 5dB(A) below the background noise level LAF90 Tbg. The measurement and/or prediction of the noise should be carried out in accordance with the methodology contained within BS 4142: 2014.

There is likely to be disruption from the redevelopment works and any impacts will need to be considered and mitigated by a Construction Environmental Plan to be secured byu condition.

8.9 Transport Officer - No Comment

8.10 Waste and Recycling – No Objection

9. RELEVANT POLICIES

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

RELEVANT STATUTORY DUTIES & DEVELOPMENT PLAN CONSIDERATIONS & POLICIES

Islington Council (Planning Sub-Committee A), in determining the planning application has the following main statutory duties to perform:

To have regard to the provisions of the development plan, so far as material to the application and to any other material considerations (Section 70 Town & Country Planning Act 1990);

To determine the application in accordance with the development plan unless other material considerations indicate otherwise (Section 38(6) of the Planning and Compulsory Purchase Act 2004) (Note: that the relevant Development Plan is the London Plan and Islington’s Local Plan, including adopted Supplementary Planning Guidance.)

As the development affects the setting of listed buildings, Islington Council (Planning Committee) is required to have special regard to the desirability of preserving the building

P-RPT-COM-Main

or its setting or any features of special architectural or historic interest which it possesses (S66 (1) Planning (Listed Buildings and Conservation Areas) Act 1990) and;

As the development is within or adjacent to a conservation area(s), the Council also has a statutory duty in that special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area (s72(1)).

9.2 National Planning Policy Framework (NPPF) (2018): Paragraph 11 states: “at the heart of the NPPF is a presumption in favour of sustainable development which should be seen as a golden thread running through both plan-making and decision-taking. For decision-taking this means: approving development proposals that accord with the development plan without delay.

9.3 At paragraph 8 the NPPF (2018) states: “that sustainable development has an economic, social and environmental role”.

9.4 The updated National Planning Policy Framework 2018 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. Since March 2014 Planning Practice Guidance for England has been published online.

9.5 In considering the planning application account has to be taken of the statutory and policy framework, the documentation accompanying the application, and views of both statutory and non-statutory consultees.

9.6 The Human Rights Act 1998 incorporates the key articles of the European Convention on Human Rights into domestic law. These include:

Article 1 of the First Protocol: Protection of property. Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

Article 14: Prohibition of discrimination. The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, or other status.

9.7 Members of the Planning Sub-Committee must be aware of the rights contained in the Convention (particularly those set out above) when making any Planning decisions. However, most Convention rights are not absolute and set out circumstances when an interference with a person's rights is permitted. Any interference with any of the rights contained in the Convention must be sanctioned by law and be aimed at pursuing a legitimate aim and must go no further than is necessary and be proportionate.

9.8 The Equality Act 2010 provides protection from discrimination in respect of certain protected characteristics, namely: age, disability, gender reassignment, pregnancy and maternity, race, religion or beliefs and sex and sexual orientation. It places the Council under a legal duty to have due regard to the advancement of equality in the exercise of its powers including planning powers. The Committee must be mindful of this duty inter alia when determining all planning applications. In particular, the Committee must pay due regard to the need to: (1) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act; (2) advance equality of opportunity between persons who share a relevant protected characteristic and persons

P-RPT-COM-Main

who do not share it; and (3) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

9.9 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

9.10 The National Planning Policy Framework 2018 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.

Designations

The site has the following designations under the London Plan 2016, Islington Core Strategy 2011, Development Management Policies 2013, Finsbury Local Plan 2013 and Site Allocations 2013:

- Employment Priority Area (General)- Central Activity Zone- St Luke’s Conservation Area- Bunhill & Clerkenwell Core Strategy Key Area- Finsbury Local Plan Area Bunhill & Clerkenwell- Article 4 Direction A1-A2

Supplementary Planning Guidance (SPG) / Document (SPD)

The SPGs and/or SPDs which are considered relevant are listed in Appendix 2.

10. ASSESSMENT

10.1 The main issues arising from this proposal relate to:

Land Use Design and Conservation Neighbouring Amenity Inclusive Design Highways and Transportation

Land-use

10.2 Policy CS13 (Part B) of the Islington Core Strategy provides that the council will safeguard existing business space throughout the borough by protecting against changes of use to non-business uses unless exceptional circumstances can be demonstrated. This is reflected in Policy DM5.2 (Part A) of the Islington Development Management Policies, which states that proposals resulting in a loss or reduction of business floorspace will be refused.

10.3 In 1996 a planning application was approved to convert the upper floor units and rear ground floor unit from an office use (B1a) to live/work units (Sui Generis). The exact use of the current live/work units has been outlined by the applicant in the planning statement. As all of the units have been leased on commercial terms with the occupiers paying business rates, the use of the units is considered to be predominately commercial. Furthermore, the LBI Property Manger visited the properties on the 7th December 2017 and noted the apparent usage of the units with all but one being described as ‘Office Throughout’. The applicant has also stated that a mixture of Business rates and Council Tax was being paid by occupiers which would confirm the use of the units as ‘Live/Work’.

P-RPT-COM-Main

10.4 As the site is within an Employment Priority Area (General) Policy BC8 (Part B) of the Finsbury Local Plan applies in this case. The policy states that the employment floorpsace component of a development or change of use proposal should not be unfettered commercial office B1(a) uses but, where appropriate, must also include retail or leisure uses at ground floor alongside:

i A proportion of non B1(a) business or business related floorspace) eg light industrial workshops, galleries and exhibition space), and or

ii office B1 (a) or retail A1 floorspace that may be suitable for accommodation by micro and small enterprises by virtue of its design, size management, and or

iii Afordable workspace, to be managed for the benefit of occupants whose needs are not met by the market.

10.5 The proposed development would maintain its existing retail unit at ground floor and the proposal includes the creation of a light Industry workshop towards the rear of the ground floor space which is welcome and directly accords with part ii of BC 8 above.

10.6 The applicants have explored the provision of affordable workspace within the development. An initial offer of 106 sq metre unit was made for the ground floor unit representing.2% of the total floor area (1,464sqm). However, further discussion with Islington’s Economic Development team questioned the viability of this unit being acceptable to an affordable workspace provider as they generally do not take on units below 300sqm. In light of this, it was suggested that the unit could be offered as a B1c unit as this would conform to the aspirations of policy BC8 Part B(i) of the Finsbury Local Plan that seeks a proportion of non-B1a floorspace. The application is in conformity with Policy BC8 Part B (ii) as all units will be suitable for accommodation by micro and small enterprises by virtue of their relatively small size and parts I & ii of Policy BC8 is met and therefore the policy is fully complied with in this case.

10.7 The loss of residential accommodation is generally not supported by the council. However, the existing use of the building is for live/work units (sui generis) and as previously described the units appear to be predominantly in use as work spaces rather than for living accommodation. As the site is within an Employment Priority Area (General) and due to the application being in general compliance with the aspirations of the Finsbury Local Plan, the loss of residential accommodation is considered to be acceptable.

10.8 The proposal to revert the live/work units back to B1 units is considered to be acceptable. Historically the units have been used for commercial business operations and given the evidence provided, even when the units had permission to be used for live/work units the predominant use was for business operations. The evolving nature of the Old Street area requires more high end office space to be provided so in Land Use terms the application is acceptable and complaint with the relevant policies CS 13, BC 8 and The London Plan.

Design and Conservation

10.9 The National Planning Policy Framework (NPPF) 2018 states that good design is a key aspect of sustainable development, creating better places to live and work. Paragraph 194 of the NPPF states that any harm or loss to the significance of a designated heritage asset (the definition of which includes conservation areas) should require clear and convincing justification.

10.10 London-wide planning policies relevant to design and conservation are set out in Chapter 7 of the London Plan, and the Mayor of London’s Character and Context SPG is also relevant. At the local level, Policy CS9 of the Islington Core Strategy regards the protection and enhancement of Islington built and historic environment. The historic significance of Islington’s unique heritage assets and historic environment will be conserved and enhanced whether designated or not. Policy DM2.1 of Islington’s Development Management Policies requires new development, inter alia, to respect and respond positively to existing buildings,

P-RPT-COM-Main

the streetscape and wider context, and to be sustainable, durable, adaptable, safe and inclusive. Policy DM2.3 further provides that the borough's heritage assets should be conserved and enhanced in a manner appropriate to their significance, and that new developments within the borough’s conservation areas are required to be of a high quality contextual design so that they conserve or enhance the Conservation Area.

10.11 The exterior alterations to the building include the replacement of the Critall windows with Alitherm Heritage double glazed aluminium window system. Ten small (30x30cm) powered coated aluminium vents will be installed on the main elevation facing Old Street. The top floor tank room will be converted to allow access to the newly created roof terrace. The top floor roof terrace will face south onto Old Street with frameless glass balustrades set back from the face of the building by 3m to Old Street and 2.5m to both side extents. The opposing roof area, facing the Stafford Cripps estate, will incorporate PV panels and air conditioning units with acoustic stainless steel panelling. The roof terraces at first floor level, above the retail units will have matching frameless glass balustrades and timber decking to match the 7th floor terrace. The first floor terrace balustrades will be set back 5.3m from the Old Street elevation and 2.4m from the side elevations of the building. The front ground floor entrance door will be replaced with an automatic frameless glazed door. Finally, the brick work is intended to be cleaned to remove and paint staining from overflow pipes.

10.12 The external appearance of the building is currently showing signs of wear and the fenestration is visually poor and needs addressing. Therefore, the proposals to replace the windows with a modern double glazing system and for the brick work to cleaned will enhance the buildings without materially changing the aesthetical appearance of the building itself. The use of the aluminium windows was questioned by the Design and Conservation officer but further discussions resulted in the aluminium windows specifically proposed being deemed satisfactory subject to an appropriate condition (6).

10.13 It was initially proposed for a glazed extension on the seventh floor roof level that would adjoin the top floor tank room. Pre-application advice, in reference to the glazed roof extension, stated: “Whilst the glazed addition is not desirable, consideration has been given to the small scale and massing of the works which are not full height, the use of lightweight materials and their high level position as well as a lack of consistency in the street scene. This structure may be acceptable if detailed with low-iron, low reflective frameless glass.” It should be noted that the structure referenced in the pre-application advice was of a smaller design and due to the positioning against the middle of the existing extension it was not visible from the street scene. The proposed glazed extension in this application would be highly visible from the street scene due to it being positioned on the roof edge and would harm the character of the surrounding conservation area. For these reasons the glazed extension has been removed from the application and a condition has been applied requiring detailed plans of the sixth floor and roof terrace to be provided prior to the development being implemented.

10.14 The glass balustrades at first and seventh floor level will be partially visible from a limited number of locations within the vicinity of the building and from certain long views. The inclusion of glass balustrades on the roof terraces was met with resistance by the Design and Conservation officer as the level of visibility was deemed to be at odds with the Conservation Area Design Guidelines 2004. While it is acknowledged the balustrades will be visible from the street scene, it is considered that the visibility will be limited to such an extent as to not detract from the street scene or conservation area. A compliance condition will be attached to ensure the glass balustrades installed will be made from low-iron, low reflective frameless glass and for no large items, such as parasols or umbrellas to be positioned on the terrace. Furthermore, the glass balustrades will replace the existing railings that have no aesthetical qualities. There are no plans to enlarge or heighten the existing plant and machinery equipment on the building.

P-RPT-COM-Main

10.15 The replacement of the ground floor entrance door with a modern glazed entrance is considered to be a positive addition to the building that will be more in keeping with a modern office development. The existing door is non original and does not compliment the proposed use of the building.

10.16 Overall, the design amendments are considered to be of a sufficiently high quality and are necessary to allow the building to offer a contemporary office environment. The proposals will be an improvement of the existing building. The design alterations to the building will be subtle and will not detract from the conservation area subject to detailed conditions concerning windows, balustrades and roof access structures. It is therefore considered that the proposals, in terms of design and conservation comply with policy CS9, DM2.1 and DM2.3 as well as the principles of the NPPF described above.

Accessibility

10.17 Comments received from the Inclusive design officer highlighted a number of issues with the proposals for those with mobility difficulties. These were addressed by the applicant and the current proposals ensure the development will provide a highly accessible building in comparison to the initial proposals and the current building.

10.18 Two wheelchair accessible bathrooms are now provided on each floor, one for each office unit. The current design does not fully comply with accessible bathroom standards in terms of corridor width approaching the bathroom and the positioning of doors at the end of the hallway and the door to the bathroom itself. However, it is considered that further amendments to address these issues are achievable and that a suitable condition can be included that will require the application to submit details of how the bathroom design is compliant with specifications outlined in the Inclusive design SPD (2014).

10.19 The development will provide 2 on-site accessible parking bays to the rear of the building and further design changes have incorporated a ramp to allow wheelchair access to the rear entrance. Furthermore, the applicant has agreed to provide a finical contribution of £16,000 towards accessible parking in the vicinity of the building and/or towards accessible transport. This has been calculated on the basis of 10 accessible parking spaces being required (1 for every 33 employees in the building – Planning Obligations SPD (2016) and a £2,000 per space charge for any shortfall in on-site provision. The financial contribution will be secured via a director’s letter agreement.

10.20 The development will include a lockable enclosure for two tricycles between the existing building and the neighbouring building (61 Old Street), where there are existing cycle parking rails that are to remain. Internally, at ground floor level, a mobility scooter charging area has also been provided. The inclusion of these elements were welcomed by the inclusive design officer and show compliance with the Inclusive design SPD (2014).

10.21 The applicant has confirmed that one of the existing lifts will be converted to an evacuation lift that will require the lift to run on its own power supply in case the power supply to the building is effected by a fire or other emergency. It was requested for both lifts to be converted in this way but due to the size constraints of one of the lifts it has been stated by the applicant that both lifts cannot be converted. The details of the evacuation lift(s) will be conditioned to ensure the feasibility of both lifts being converted has been fully investigated (condition 10).

10.22 The development has undergone significant amendments to ensure the requirements of the inclusive design SPG have been incorporated into the development as much as possible. Amendments to a building of this type and age will always present limitations to the amount of inclusivity that can be achieved. Despite these limitations, it is considered that the building will provide an inclusive environment and significant work has been undertaken to the incorporate inclusive design measures. Certain elements have been conditioned to further ensure the building is as inclusive as possible given the constraints of the site.

P-RPT-COM-Main

Neighbouring Amenity

10.23 Policy 7.6 of the London Plan provides that development should not cause unacceptable harm to the amenity of surrounding properties, particularly residential buildings. This is reflected at local level in Policy DM2.1 of the Islington Development Management Policies, which requires developments to provide a good level of amenity, including consideration of noise, disturbance, hours of operation, vibration, pollution, overshadowing, overlooking, privacy, sunlight and daylight, over-dominance, sense of enclosure and outlook.

10.24 There is the potential for the amenities of the surrounding occupiers to be effected by the roof terraces on the first and seventh floor. The two terrace areas at first floor level are set back to such an extent from the parapet level as to not affect the amenities of the surrounding occupiers. Furthermore, the seventh floor terrace is set back from the extent of the building as to not allow for direct overlooking with generous distances between the edge of the terrace area from 2.5 to 3 metres and neighbouring properties are located a considerable distance away such that the use of the terrace areas at both first floor and 7th floor levels does not raise any privacy issues. The rear roof area contains PV panels and air conditioning units that will be acoustically screened. While the panels will be visible from the neighbouring residential tower blocks, they are not considered to be intrusive enough to not be permissible. The acoustic specification of the air conditioning units will be secured by condition to ensure there is no adverse effect on surrounding occupiers and acoustic screening is proposed to further mitigate noise pollution. However, a restriction on the times of operation of the terrace areas is suggested to operate from 9am until 6 pm Monday to Friday as suggested in condition 3.

10.25 Finally, the glazing specification of the balustrades is Pilkington’s low iron, low reflective glazing to avoid any potential reflective disturbance to adjoining occupiers.

10.26 The effect on the surrounding occupiers is considered to be minimal subject to conditions and is compliant with policies 7.6 of the London Plan and DM2.2 of Islington’s Development Management Policies.

10.27 Finally, an acoustic report has been submitted and reviewed by Public Protection, no objection has been received. A noise compliance condition was suggested as well as limiting the operation times of the roof terraces to 0800-2200 Monday to Friday as to protect the amenities of surrounding residents and occupiers.

10.28 Overall, the proposals would not cause unacceptable amenity impacts on neighbouring amenity with suitable restrictions on the use of the terraces and bearing in mind the distances between the terraces and adjacent users/occupiers in this case. The general use of the building will be similar to the existing use, as commercial offices, and the roof terrace additions will be conditions as to control any impacts that may be caused. The development is therefore considered to comply with the relevant London Plan, Islington Core Strategy and Development Management Policies.

Energy Efficiency and Renewable Energy

10.29 Policy CS10 of Islington’s Core Strategy seeks to minimise contributions to violate change. Policy DM7.1 requires proposals to integrate best practice sustainable design as set out in the Environmental Design SPD.

10.30 The development proposes PV panels to the rear of the roof and Alitherm Heritage double glazed aluminium window system will replace the existing single glazed windows. These additions will provide a renewable energy source to the building and improve the thermal efficiency of the building respectively.

10.31 The development proposed does not create any new floorspace and is classed as a minor application. Therefore, the energy requirements applicable to the application satisfy Policy DM7.1 Part D.

P-RPT-COM-Main

Highways and Transportation

10.32 Development Management Policy DM8.2 requires developments proposals to meet the transport needs of the development and address its transport impacts in a sustainable manner. Policy DM8.4 requires bicycle parking to be provided in accordance with Table 6.1 (Appendix 6) and Policy DM8.5 requires wheelchair accessible parking to be supplied to the standards outlined in the Council’s Planning Obligations SPD.

10.33 As described from section 10.17, the development provides accessible parking in line with the requirements of the Islington inclusive design SPD. Accessible cycle parking is also provided (2 x tricycle spaces) and a mobility scooter charging area is also to be installed at ground floor level. Furthermore, 18 secure bicycle spaces are to be installed to the rear of the building which complies with the standards set out in the table 6.1 of Islington’s Development Management Policies 2013.

10.34 It is considered that the proposals have incorporated sufficient sustainable and accessible transport facilities to meet the transport needs of the building and is in compliance with the relevant transport policies of the London plan and Islington’s Core Strategy.

10.35 No comments were received from the Council Transport and Highways officer in relation to the proposals.

Planning Obligations, Community Infrastructure Levy and local finance considerations

10.36 As the proposal does not create additional floorspace there is no CIL requirement for the application.

10.37 The applicant must make a financial contribution of £16,000 to be used for off-site accessible parking and/or towards accessible modes of transport for use by those with mobility difficulties.

11. SUMMARY AND CONCLUSION

Summary

11.1 A summary of the proposal and its impacts and acceptability is set out at paragraphs 4.1 to 4.4 of this report.

11.2 In accordance with the above assessment, it is considered that the proposed development is consistent with the policies of the National Planning Policy, the London Plan, the Islington Core Strategy, Islington Development Plan and associated Supplementary Planning Documents and should be approved accordingly

Conclusion

11.3 It is recommended that planning permission be granted subject to conditions and Directors Letter agreement heads of terms for the reasons and details as set out in Appendix 1 - RECOMMENDATIONS.

P-RPT-COM-Main

APPENDIX 1 – RECOMMENDATIONS

RECOMMENDATION

That planning permission be granted subject conditions listed below and the prior completion of a Directors Letter Agreement between the Council and all persons with an interest in the land (including mortgagees) in order to secure the following planning obligations to the satisfaction of the Head of Law and Public Services and the Service Director, Planning and Development / Head of Service – Development Management or, in their absence, the Deputy Head of Service.

Service Directors agreement letter to secure the following: Financial contribution of £16,000 to be used for off-site accessible parking and/or towards accessible modes of transport for use by those with mobility difficulties.

Car free development

List of Conditions:

1 Time implementation periodThe 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 Section 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 plans listThe development hereby approved shall be carried out in accordance with the following approved plans:

A1_1 Rev 2, A1.2 Rev 2, A1.10 Rev 1, A1.11 Rev 0, A1.12 Rev 0, A1.13 Rev 0, A1.14 Rev 0, A1.15 Rev 0, A1.16 Rev 0, A1.17 Rev 0, A2.10 Rev 0, A2.11 Rev 0, A2.12 Rev 0, A2.13 Rev 0, A2.100 Rev 0, A2.101 Rev 0, A2.102 Rev 0, A2.103 Rev 0, A1.09 Rev 1, A2.103 Rev 1, A1.098 Rev 1, A1.099 Rev 3, A1.100 Rev 3, A1.101 Rev 4, A1.102 Rev 4, A1.103 Rev 4, A1.104 Rev 4, A1.105 Rev 4, A1.106 Rev 4, A1.107 Rev 1, Design & Access Statement, Design & Access Statement Addendum Rev 2, Planning Statement August 2018 Revision & Noise Impact Assessment Ref: PJB8356/18078.

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 Hours of Use (Roof Terraces)CONDITION: The first floor and seventh floor roof terraces hereby approved shall not operate outside the hours of:

0900 AM to 18.00 PM hours Monday to Friday.

Reason: To protect the amenities of neighbouring residents and surrounding occupiers.

P-RPT-COM-Main

4 Plant NoiseCONDITION: The design and installation of new items of fixed plant shall be such that when operating the cumulative noise level LAeq Tr arising from the proposed plant, measured or predicted at 1m from the facade of the nearest noise sensitive premises, shall be a rating level of at least 5dB(A) below the background noise level LAF90 Tbg. The measurement and/or prediction of the noise should be carried out in accordance with the methodology contained within BS 4142: 2014.

Reason: To protect the amenities of neighbouring residents and surrounding occupiers.

5 Construction Environmental Management PlanCONDITION: A Construction Environmental Management Plan assessing the environmental impacts (including (but not limited to) noise, air quality including dust, smoke and odour, vibration and TV reception) of the development shall be submitted to and approved in writing by the Local Planning Authority prior to any works commencing on site. The report shall assess impacts during the construction phase of the development on nearby residents and other occupiers together with means of mitigating any identified impacts. The development shall be carried out strictly in accordance with the details so approved and no change therefrom shall take place without the prior written consent of the Local Planning Authority.

Reason: To protect the amenities of neighbouring residents, surrounding occupiers and members of the public during construction.

6 WindowsCONDITION: Notwithstanding the hereby approved plans, the replacement windows hereby approved shall be Alitherm Heritage double glazed aluminium windows. The windows must not have projecting trickle vents or metallic perforated spacer bars. The spacer bars must match the existing in terms of colour or be black with a matt/satin finish and not gloss.

Reason: To protect the aesthetical qualities of the building and to protect the setting of the conservation area.

7 Accessible BathroomsCONDITION: Prior to the development being implemented full details in relation to the accessible bathrooms shall be submitted to and approved in writing by the local planning authority. The bathroom must show compliance with Islington’s Inclusive Design SPD (2014).

Reason: To ensure the development has provided sufficient accessible facilities for those with mobility difficulties.

8 No permission for Glazed Roof Extension at roof level (7th floor level)CONDITION: Notwithstanding the hereby approved plans, no permission is granted for the glazed roof extension/access structure to the 7th floor roof terrace. This extension is not visually acceptable and alternative access to the newly formed roof terrace is required. Prior to the development being implemented full details and plans of access to the seventh floor roof terrace shall be submitted to and approved in writing by the Local Planning Authority. The details must demonstrate how the new access arrangements will not visible from the street scene.Reason: To protect the visual amenities of the street scene and conservation area.

9 Terrace Areas screening CONDITION: The three terraces areas hereby approved shall be bordered by frameless low reflective glass balustrades with a low-iron content. No temporary or permanent structure, or items such as umbrellas or parasols, over 1.5m in height shall be positioned on any of the three terraces at any time.

Reason: To protect the visual amenities of the conservation area and street scene.

P-RPT-COM-Main

10 Evacuation LiftCONDITION: Full details of the evacuation lift proposed shall be submitted to and approved in writing by the Local Planning Authority prior to the development being operational. A report from a suitably qualified engineer shall be provided that demonstrates the feasibility of both lifts being converted to be used as evacuation lifts in the case of an emergency.

Reason: To ensure the safe egress of those with mobility difficulties in the case of an emergency.

List of Informatives:

1 AgreementDIRECTORS LETTER AGREEMENTYou are advised that this permission has been granted subject to a Directors letter agreement.

2 Car-Free DevelopmentCar-Free Development. All new developments are car free in accordance with Policy CS10 of the Islington Core Strategy 2011. This means that no parking provision will be allowed on site and occupiers will have no ability to obtain car parking permits, except for parking needed to meet the needs of disabled people.

P-RPT-COM-Main

APPENDIX 2: RELEVANT POLICIES

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

1 National Guidance

The National Planning Policy Framework 2018 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 2016, Islington Core Strategy 2011, Development Management Policies 2013, Finsbury Local Plan 2013 and Site Allocations 2013. The following policies of the Development Plan are considered relevant to this application:

A) The London Plan 2016 - Spatial Development Strategy for Greater London

4 London’s economy- Policy 4.2 Offices - Policy 4.3 Mixed use development and offices

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

6 London’s transport- Policy 6.3 Assessing effects of development on transport capacity - Policy 6.9 Cycling - Policy 6.13 Parking

7 London’s living places and spaces- Policy 7.2 An inclusive environment - Policy 7.3 Designing out crime - Policy 7.4 Local character - Policy 7.6 Architecture- Policy 7.14 Improving air quality - 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)- Policy CS8 (Enhancing Islington’s Character)

Strategic Policies- Policy CS9 (Protecting and Enhancing Islington’s Built and Historic Environment)

- Policy CS10 (Sustainable Design)- Policy CS11 (Waste)

- Policy CS13 (Employment Spaces)

Infrastructure and Implementation- Policy CS18 (Delivery and Infrastructure)

P-RPT-COM-Main

C) Development Management Policies June 2013

Design and Heritage- DM2.1 Design- DM2.2 Inclusive Design- DM2.3 Heritage

Employment- DM5.1 New business floorspace- DM5.2 Loss of existing business floorspace- DM5.4 Size and affordability of workspace

Energy and Environmental Standards- DM7.1 Sustainable design and construction statements- DM7.2 Energy efficiency and carbon reduction in minor schemes- DM7.4 Sustainable design standards

TransportDM8.1 Movement hierarchyDM8.2 Managing transport impactsDM8.4 Walking and cyclingDM8.5 Vehicle parking

InfrastructureDM9.2 Planning obligations

D) Finsbury Local Plan June 2013

BC8 Achieving a balanced mix of uses

E) Site Allocations June 2013

Not Allocated

3. Designations

The site has the following designations under the London Plan 2016, Islington Core Strategy 2011, Development Management Policies 2013, Finsbury Local Plan 2013 and Site Allocations 2013:

- St Luke’s Conservation Area- Employment Priority Areas

(General)- Central Activities Zone- Bun hill & Clerkenwell Core

Strategy Key Area- Finsbury Local Plan Area –

Bunhill & Clerkenwell- Article 4 Direction A1-A2

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

The following SPGs and/or SPDs are relevant:

Islington Local Development Plan London Plan

- Environmental Design - Conservation Area Design Guidelines- Urban Design Guide- Inclusive Design (2014)

- Accessible London: Achieving and Inclusive Environment

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