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Committee: Date: Item no.

Planning and Transportation 2 June 2011

Subject:

24 - 26 Minories London EC3N 1BQ

Demolition of existing 6 storey Class B1 (Office) and Class A2 (Financial and

Professional Services) building and redevelopment to provide a new C1 (Hotel)

with a maximum of 258 bedrooms with flexible Class C1 and Class A2 on

ground and basement and part 6 and part 16 upper floors with ancillary storage

and servicing in basement, totalling 9,469sqm (GEA) with enclosed rooftop

plant, serving to the rear and associated infrastructure.

Ward: Tower Public For Decision

Registered No: 10/00948/FULMAJ Registered on: 7 January 2011

Conservation Area: Listed Building: No

UDP Policies: STR2A STR4A STR10A STR11A ECON4 ENV1 ENV8

ENV24 ENV27 ENV28 ENV33 ENV35 SHOP1 SHOP2 SHOP10 UTIL6

UTIL9 VIS1 VIS2 TRAN15 TRAN18 TRAN21 TRAN22 ARC1 ARC2

ARC3 IMP3 CS3 CS7 CS10 CS11A CS13 CS15 CS16 CS20 CS8

Summary

Planning permission is sought for redevelopment of the building on the corner

of Minories and St Clare Street to provide a hotel (Class C1) with a maximum

of 258 bedrooms and use as either bank (A2) or bar/restaurant ancillary to the

hotel use.

An objection has been received from the Aldgate Residents' Association on the

grounds of the adverse impact on sunlight and daylight, concerns that visitors to

the hotel will use residents parking, cause an increase in non-residents accessing

the Guinness Trust Estate on foot and possible increased the noise nuisance

from additional nightlife on Minories.

The proposed bulk and design and use as an hotel are not considered to

adversely impact on residential amenities and would relate to the existing

character of the area. A section 106 agreement is proposed to provide for a

Crossrail contribution and improved pedestrian and vehicle security measures

for the housing estate, street enhancement works surrounding the site and

payment for three street trees in lieu of two mature trees to be lost as a result of


the development.

Recommendation

I recommend that;

(a) Planning permission be GRANTED for the above proposal in accordance

with the details set out in the attached schedule subject to planning obligations

and other agreements being entered into in respect of those matters set out in the

report and the decision notice not to be issued until such obligations have been

executed;

(b) That your officers be instructed to negotiate and execute obligations in

respect of those matters set out in the report under Section 106 and any

necessary agreements under Section 278 of the Highway Act 1980.


SITE LOCATION APPLICATION PLAN


Site

1. The site comprises a 1960‟s office building located on the east side of

Minories on the corner with St Clare Street. The property is set back from the

building line of the majority of buildings to the south on Minories.

2. The existing building comprises basement, ground and five upper floors. The

building was used for office B1 purposes but is currently vacant with the

exception of the bank which occupies part of the ground floor (410 square

metres). There are parking spaces for 10 cars in the basement accessed via a

ramp in the service yard on the north side of St Clare Street. The floor space

of the existing building is 3,333sq.m (Gross External Area).

3. The property is not listed or within a conservation area and there are no listed

buildings in the immediate vicinity. Immediately to the north of the site are

Latham House and the Aldgate Bus Station. Guinness Court residential

buildings blocks 3 and 4, which form part of the Aldgate Estate, are located to

the east of the site. The blocks are 75 metres from the site and an area of open

space and mature trees forms a buffer between the site and residential

buildings. To the south, on the corner of St Clare Street, is the Three Lords

Public House which has residential flats on the five upper floors. The

buildings on the west side of Minories comprise a mixture of commercial

offices with residential units at upper levels and retail at ground floor level.

Proposal

4. Planning permission is sought for the redevelopment of the building to provide

a new hotel (Class C1) on upper floors and flexible hotel and financial services

(C1 and A2) on ground and basement levels. The new building would have

ground and 6 floors fronting Minories and ground and 16 floors towards the

rear.

5. The applicant has requested the flexibility to include either a bank at ground

and basement (A2) (387sq.m floor space) or an ancillary bar/restaurant use.

6. The total floor space of the development would be 9,469 square metres

(GEA).

7. A hotel lobby entrance and canopy would set forward from the main building

within the site ownership. The facade to the front element would be faced in

Corian resin with an integrated Corian clad canopy running the length of the

facade to Minories. Corian is a composite product increasingly used as an

external facing material on buildings. It is made up of one third acrylic resin

and two thirds natural minerals derived from Bauxite (an ore from which

aluminium is extracted).

8. The ground floor would be fully glazed on the east and south elevation and

part of the north elevation which returns until it meets Latham House. The

rear 17 storey element is designed as a glass clad rectangular form stepping

back above 12th floor level with a further 4 four floors above. The glass

cladding incorporates a pattern of clear, tinted and coloured panels

interspersed with slender vertical LED lighting.


9. A 6 storey green wall is proposed along the western facade forming a

backdrop to the existing open space on the Aldgate Estate. A sedum planted

green roof is proposed on the 6 storey element.

10. Pedestrian access to the building would be provided by two entrances on

Minories with the bank or ancillary bar/restaurant having a dedicated separate

entrance. Level access is proposed to both entrances which would have

automatic sliding doors.

11. Servicing of the building would be off street from a loading bay located at the

rear of the building accessed from St Clare Street. 5 bicycle spaces are

proposed with associated shower and changing facilities all provided in the

basement. No car parking and motor bike spaces are proposed. A valet service

would be provided to car parking spaces located and rented off site for

disabled visitors to the hotel.

12. The alteration to the building line and proposed entrance canopy would result

in the loss of two mature Silver Birch street trees on Minories which are

outside the site boundary.

13. The plant to serve the building would be located at basement level and within

a screened plant enclosure at 17th

floor roof level at the rear of the

development.

Planning History

14. Planning permission was granted 30th

November 1955 for the erection of the

existing building for office purposes (App No BC-2624A).

15. Change of use from office B1 to bank A2 use at part ground floor was granted

7th

October 1988 (App No 88-2426N).

16. Redevelopment of the neighbouring Aldgate Bus Station site and Trinity

Square was reported to Planning and Transportation Committee on the 11th

December 2007 (App No 06/00727/FULEIA) for redevelopment to provide

three buildings comprising of offices (Class B1), retail (Class A1, A2, A3, A4)

and community use (Class D1) totalling 134,557 square metres floor space

comprising basements with up to 24 storeys above. It was resolved to grant

consent subject to a Section 106 agreement which has not been completed.

Consultations

17. The application has been advertised on site and in the Evening Standard.

18. The scheme has been subject to consultation with external bodies and internal

consultation with other City of London Departments; the internal responses

have been taken into account in the preparation of the scheme and detailed

matters remain to be dealt with under conditions and the Section 106

agreement.

19. The Greater London Authority advises that „provided the appropriate Crossrail

contribution is secured via a Section 106 agreement the Mayor does not need

to be consulted further on this application‟.

20. Letters of representation are attached to this report and responses are

summarised below.


21. TfL have been consulted and requested that the minimum cycle parking

standards set out in TfL‟s cycle parking be met and the scheme has been

amended accordingly. A Delivery and Servicing Plan, Travel Plan and

Construction Logistic Plan have been requested and will be secured by

conditions.

22. The Retail Traders‟ Association raised no objection.

23. Thames Water have advised of a number of issues relating to surface water

drainage, requirements for fat traps for catering establishments and the

sewerage network. All these issues will be covered by conditions and

informatives attached to the permission decision.

24. A resident in the vicinity of the proposed development objected on the

grounds outlined as follows:

“No objection to replacing the building in a poor condition with one which

meets modern needs

It would not be appropriate to permit the ground floor and basement to have a

change of use to licensed premises e.g. another late night bar/club in

Minories.

A diagram of the Minories area and its immediate surrounding shows in a

small area there are a number of establishments with very late drinking

licences mixed in closely with several buildings of residential, short term let

The situation is bound to cause disturbance and problems. It does not need to

be added to with another licensed establishment."

25. Aldgate Estate Residents‟ Association commented as follows

"There will be loss of light for residents. Even though it is claimed that this

will be small, high buildings surround the estate, and all light is at a premium.

The loss of direct sunlight is of particular concern as it is understood that this

will mostly affect the ground floor residents who already have lower levels of

direct sunlight, and the rooftop, which is an area used by residents to grow

plants.

One of the buildings already suffers from strangers walking in and causing

nuisance. An increase in non-residents in the area after dark can only increase

this risk.

Parking is at a premium in the area. The residents’ car park is at the rear of

the hotel and inevitably hotel guests will try to park there. The car park is

secured by barriers but these are old fashioned and rely on individuals locking

the gates with keys, a system which often does not work well.

There is already a high level of nightlife in the Minories and nearby streets,

which has on occasion caused nuisance to residents. By bringing more people

into the area at night, there is a concern that another hotel may increase this

problem.

The Association is not totally against the development. It does believe that

these problems should be addressed. Perhaps by way of mitigation, some form

of investment in the Estate, particularly in security under S106 or similar,

should be considered.


The Estate also has high levels of unemployment, particularly youth and young

people. A commitment by the developers to prioritise local employment would

also be welcomed."

Policies

26. The development plan consists of the London Plan and the City of London

Unitary Development Plan. The inspector‟s report into the Replacement

London Plan was published in March and is being considered by the Mayor.

The public examination of the LDF Draft Core Strategy has been completed

and the Inspector‟s report is expected in June. This contains the City‟s latest

policy proposals.

27. The Draft Core Strategy and the Replacement London Plan policies are

material considerations. The relevant emerging policies are set out in the

appendices.

28. There is relevant City of London and GLA supplementary planning guidance

in respect of Planning Obligations, Sustainable Design and Construction,

London View Management Framework and Funding of Crossrail.

29. The relevant Government Guidance includes:

PPS 1: Delivering Sustainable Development;

PPS 4: Planning and Sustainable Economic Growth

PPS 5: Planning for the Historic Environment

PPS 13: Transport

PPS 22: Renewable Energy

PPG 24: Planning and Noise

Human Rights Act

30. Under Section 6 of the Human Rights Act 1998, the Local Planning Authority

must ensure that, as a "public authority", it does not act in a way which is

incompatible with a "Convention right", i.e. a right set out in the European

Convention on Human Rights, such incompatible action being unlawful.

31. Article 8 of the European Convention states that everyone has the right to

respect for his private and family life, his home and his correspondence.

32. Article 1 of Protocol 1 provides that every natural and legal person (including

corporate bodies) is entitled to peaceful enjoyment of his possessions.

33. These are not absolute but qualified rights which must be balanced against the

broader interests of society as a whole including its economic well being, and

against the rights and freedoms of others.

34. The balance for the City to weigh is between any private convention rights

which may be infringed on the one hand and the public interest including the

interests of the economic well-being of the country in the proposed

redevelopment and the right of the applicant to seek to develop on the other.

Main Considerations

35. The main considerations relating to this case are the design, massing and use

of the building, the impact of the proposal on the residents in the immediate

vicinity and the impact on the views of the Tower of London.


Economic Development Issues

36. The Central Activities Zone and the northern part of the Isle of Dogs

Opportunity Area are identified in the London Plan as the heart of London‟s

world city where, amongst other things, it is intended to promote and

coordinate development so that together they provide a competitive, integrated

and varied global business location. It is intended to identify and bring forward

increased capacity through redevelopment within appropriate parts of the

CAZ. It states that growth within the Zone will be driven by expansion of

London‟s functions as a global and national centre and some of those functions

associated with its regional and metropolitan roles. The City is within the

CAZ.

37. The importance that is attached to the maintenance and enhancement of the

City's role as the world's leading financial and business centre is reflected in

the policies of the UDP, particularly policies STRAT2A and ECON1, and in

the draft LDF Core Strategy policy CS1.

38. The London Plan identifies that the CAZ is suitable for commercial

development associated with business, tourism and retail provision for national

and international agencies, institutes and services, subject to the protection of

housing and identifies special policy areas (Policy 5G.2).

39. An hotel would contribute to the economic cluster and could be regarded as

the „specialist functions‟ referred to in Policy 4.2A (b) of the Draft

Replacement Plan.

Proposed Hotel Use

40. The proposal is located the Aldgate policy area identified in the LDF Draft

Core Strategy.

41. Policy CS8: Aldgate is, "To regenerate the amenities and environment of the

Aldgate area for businesses, residents, workers, visitors and students,

promoting development and investment … ..." Hotel use is not identified in

the policy as one of the means of achieving regeneration but it could assist.

42. The London Plan and draft Replacement London Plan support the provision of

visitor accommodation and facilities, particularly in opportunity areas in the

Central Activities Zone and seek forty thousand new hotel rooms by 2026.

43. The UDP seeks the retention of existing hotels and encourages new ones. It

advises „new development will be resisted where it would prejudice the City‟s

primary commercial role or adversely affect residential amenity‟. It identifies

that hotels need to be designed with adequate provision for service vehicles,

taxis and coaches and not cause traffic congestion and noise nuisance.

44. The Draft Core Strategy of the LDF allows hotels where they support „the

primary business or cultural role of the City and refusing new hotels where

they would compromise the City‟s business function or the potential for future

business growth. Hotels should not be located where they would create

amenity problems for existing residential clusters‟.

45. In addition it notes that the City had met its targets for new hotel provision

derived from the Mayor of London‟s 2006 Hotel Study.


46. The City of London Hotel Study 2009 concluded that there is „capacity for

further hotel development in the City particularly in the area around the Tower

of London, the Millennium Bridge and around Cheapside to meet the needs of

City business and visitors‟.

47. There were 16 hotels in the City as of 31 March 2011, providing 3,542 hotel

rooms. In addition 9 hotel schemes are in the pipeline providing a further

1,287 rooms. Three hotels are under construction (496 rooms).

48. A 3* hotel is proposed providing accommodation for business visitors and

tourists with a maximum of either 258 or 253 rooms An hotel in this location

would strengthen the City‟s commercial role.

Residential Amenity

49. Concerns have been expressed by the Aldgate Estate Residents‟ Association

regarding the potential for hotel guests to use existing residential parking bays

and the possibility of a bar / restaurant use causing additional nuisance at night

time.

50. The applicant has confirmed that they will provide £8,000 to install automated

car parking bollards on the Aldgate Estate and to pay for other security

measures. This will be secured through the S106 Agreement. Conditions are

proposed which would restrict servicing of the hotel to day time only and

preventing use of external spaces between 11pm and 7am. A further condition

has been attached requiring doors and windows to remain closed and that no

music should be audible outside the premises. The financial undertaking to

improve security and the use of these conditions is to mitigate the impact of

the hotel use to ensure there is not an adverse impact on residential amenity.

51. The proposal could result in the loss of a retail use if a bank is not replaced on

the site. Loss of retail area is normally resisted by SHOP 1 and SHOP 2.

However, in this instance should a bank not occupy the space the unit would

be used for a bar or restaurant use which, whilst being ancillary to the hotel,

would be available to the public. The potential loss of A2 use to C1 hotel is

considered acceptable in this instance.

Servicing

52. Servicing would take place in an off-street loading bay within the building at

the rear of the premises, accesses from St Clare Street. 5 bicycle spaces are

proposed in the basement with associated shower and changing facilities.

These are for hotel staff and the number is based on the number of employees

(1 space per 10 employees).

53. In accordance with UDP policy TRANS 18 no car or other parking is provided

for hotel guests. This makes the premises less convenient for those with

disabilities but the operator will provide a valet service to nearby car parks

and, where a vehicle is so adapted as to make it unsuitable for someone else to

drive, a disabled person will be brought back to the hotel from the car park. A

condition has been attached to the schedule requiring details of the car parking

services that are to be provided.

54. A condition is included to ensure that no servicing takes place at night to

protect the amenity of nearby residents.


Bulk, Height and Massing

55. The bulk, height and massing of the proposal is considered appropriate to the

townscape context. The scheme is designed as two different architectural

elements comprising a 7 storey street block on the Minories frontage and a 17

storey tower on the eastern part of the site.

56. Although there is a general consistency of heights of buildings of between 5 to

7 storeys along the Minories frontage, the area is characterized by individual

taller buildings of 10 storeys and above resulting in a townscape characterized

by a diversity of building heights with a mix of tall buildings in the hinterland

area between Minories and Mansell Street as well as those concentrated

around the Aldgate gyratory.

57. The most significant part of the scheme is the glazed 17 storey tower (68m)

which is of a broadly similar height as surrounding existing buildings at 15-16

Minories / Latham House (66m high) to the north and 30-33 Minories (65.8m

high) to the south. In addition the location of this tower element set back from

the Minories frontage (some 23m back from the kerbline) is similar to the

relationship of these two existing tall buildings which appear as backdrop

buildings in the hinterland from street level on Minories. In this respect, the

proposal‟s height sits comfortably within the existing distinctive character of

the area.

58. The height of the tower element would relate satisfactorily to the proposed

Trinity (Aldgate Bus Station) scheme to the immediate north of the site and

would be lower than any of the three blocks for which the City resolved to

grant permission in December 2007 but is should be noted that the Trinity

scheme is not proceeding as the developers are in receivership.

59. The 7 storeys element (38m high) has been designed to relate to the scale of

the existing buildings on the Minories frontage which is generally between 5

and 7 storeys and is of a comparable height to the western (lower) part of

Latham House to the north. In addition, the proposal is some 1.5 m higher than

the adjacent “Three Lords” Public House (No 27 Minories) to the south. The

proposal is appropriate in height to the building frontages along this part of the

eastern side of Minories as well as relating satisfactorily with the scale of No

27 Minories on the opposite side of the St Clare Street junction.

Design

60. Although a single building in terms of its use and function, it has been

designed as two distinct architectural elements to reflect the contrast in scale

between the Minories building and the tower on the eastern end of the site.

The architectural relationship between both elements is considered coherent

and complementary.

The Minories frontage building

61. The design intention for the lower element is of cube structure with the

impression of carved indents for the window openings. The window positions

are staggered and their size varies to provide a sense of informality, variety

and visual interest, enhancing the dynamic qualities of the building and

avoiding a monotonous appearance. Some windows wrap around the corners

whilst others are framed in the solid facade of the building which creates


visual interest as the building turns the corner. The deep reveals of the

windows along with the recessed vertical light slots will result in a convincing

degree of modelling and depth. To complement this character it is proposed to

introduce intricate decorative modelling to the cladding.

62. The building frontage would extend further west than the existing building by

some 6.5m at ground level and 1m at upper floor levels. The building line of

the upper storeys relates satisfactorily with the general building line of other

buildings along the eastern side of Minories whilst the ground floor entrance

bay and canopy would line up with the adjacent building line of the “Three

Lords” public house (No 27 Minories) and the ground floor of the Trinity

scheme to the north.

63. The proposed north elevation would appear as a prominent element in the

street and has been designed to provide upper storeys with recessed bays,

decoratively modelled Corian cladding and a stone base. The projecting hotel

lobby would be fully glazed allowing views of the activity within the foyer

and beyond which would enliven this view.

64. The roof of the lower element would be free of plant and other additions

which are appropriate to the simplicity of the “cube” form. A green roof is

proposed with the cleaning equipment (BMU) being parked on the rear of the

flat roof away from the street frontage largely concealed from view.

65. The lower building is proposed to be clad in panels of Corian. There are no

examples of the use of this material as a cladding material within the City but

samples of the material have been submitted. It is a durable, high performance

material which has the advantage of being able to model and inscribed its

surface to an exceptionally high degree of precision. Depending on the depth

of modelling, Corian has a degree of luminosity with natural and artificial light

being able to permeate through the material. To exploit this quality it is

proposed to model the Corian with a decorative incised pattern made up of

indents of variable depth and to back light these panels, which will give the

facade an animated and dynamic quality. The effect will be a gentle glow of

light through the indents which will vary depending on the depth of the

individual indents. The associated light fittings will be concealed from view

and further details are to be conditioned.

66. The use of Corian and its distinctive qualities of luminosity is considered to

define the design of the lower building and is considered to be an indivisible

element of the building‟s design. An Informative is included to reinforce the

importance of this material to the success of the design.

67. The provision of a bar/restaurant ancillary to the hotel would result in an

active frontage, enlivening the public realm of St Clare Street. The

predominantly glazed elevation of the west elevation would allow views of the

activity of the hotel reception and therefore create an active frontage on

Minories.

The glazed tower

68. The 17 storey tower element of the scheme is designed as an abstract

rectangular form with the western elevation of the tower stepping back at 13th

floor level to minimise the impact on the view of the Tower of London from


City Hall. However, the step in the facade is architecturally resolved and does

not compromise the integrity of the design.

69. The tower is glass clad incorporating a pattern of clear, tinted and coloured

glass panels interspersed with slender vertical LED lighting. The visual

interest of the tower is dependent on the interplay of the differently finished

glazed panels as a composition and the dynamic appearance of the LED

lighting (especially during the hours of darkness). Details of the lighting,

recessed in the facade, would be conditioned to ensure that it does not appear

overtly strident. The coloured glazed panels are arranged in a manner which

would enhance the vertical emphasis of the building.

70. The plant located in the upper level plant room would be wholly enclosed

within the building envelope and therefore concealed from significant

viewpoints. The cleaning equipment (BMU) which comprises a single

cleaning cradle would be parked at the centre of the roof of the tower building

and have a limited impact on surrounding views.

71. Further details of the green wall on the west elevation would be conditioned

and it would contribute to the existing soft landscaping and mature trees on the

Guinness Estate as well as to views out of the Estate.

Impact on the setting of Conservation Areas

72. There are no Conservation Areas impacted by these proposals.

Impact on the setting of listed buildings

73. There are no listed buildings adjoining the site. However, the scheme will

have a more distant impact on the setting of listed buildings further afield.

74. The tower element of the scheme would appear as a significant element in the

backdrop to the Grade 2 listed Sir John Cass College (a red brick and stone

building of 1890) in the view eastwards along India Street. However, its

setting is not considered to be compromised since the relationship of modest

scaled listed buildings with a backdrop of taller new developments is

characteristic of this part of the City.

75. In views southwards from the junction of Aldgate High Street and Minories,

both the lower and tower elements of the scheme will be seen in the

foreground of the distant view of Ibex House, a distinctive Grade 2 listed Art

Deco 1930‟s faience block on the southern end of Minories. However given

the distance and the existing impact of 30-33 Minories on this view, the setting

of Ibex House will not be compromised. The scheme will be generally

concealed from view from views northwards along Minories with Ibex House

in the foreground and similarly its setting will not be compromised.

London Views Management Framework

76. The site will have a very limited impact on the London View Management

Framework‟s Townscape View from the Queen‟s Walk (outside City Hall) to

the Tower of London. The view has three assessment points (25A.1, 25A.2

and 25A.3) whilst view 25A.1 is also a Protected Vista. The three Assessment

points are joined by a hatched line in the LVMF as the experience of the view

of the Tower of London between the three Assessment points is a kinetic one.


77. The site falls outside the Background Assessment Area of the Protected Vista

and therefore does not breach any height thresholds. The development would

be generally concealed from all three Assessment Points. The western

elevation of the tower element steps back above 12th

floor to minimize the

impact on the view from the most easterly Assessment Point 25A.3. Glimpses

of the tower element of the scheme would be afforded to the left of the White

Tower between the two most easterly Assessment Points (25A.1 and 25A.3).

However, the impact on the setting of the Tower and consequently the World

Heritage Site is limited, especially as the development will be seen alongside

other background buildings in this view. The setting of the Tower of London

World Heritage Site is not considered to be compromised by the scheme.

78. The proposal will be largely concealed from view from the LVMF Assessment

Point 10A.1, located on the north bastion of Tower Bridge, and wholly

concealed from Assessment Point 11A.1, located on London Bridge. The

impact on these views would not harm the setting of the World Heritage Site.

Daylight and Sunlight to neighbouring premises

79. A report has been submitted analysing the effect of the proposal on daylight

and sunlight to the neighbouring dwellings. This location is more sensitive to

these issues than many City sites because of the proximity of the residential

units overlooking the site.

80. The analysis has been carried out in accordance with the Building Research

Establishment (BRE) guidelines “Site Layout Planning for Daylight and

Sunlight”. The guidelines are advisory rather than mandatory and need to be

interpreted flexibly, taking into account other factors which might affect the

site.

81. The UDP states, “Commercial pressures can cause many City sites to be the

subject of redevelopment proposals to increase floorspace and bulk. The

quality and quantity of daylight and sunlight reaching nearby existing

buildings, streets and open space or future occupiers of new buildings may be

impaired if new building are larger than those they replace. Therefore it is

important that proposed large redevelopments are well designed to make good

use of available daylight and sunlight, to prevent avoidable losses of existing

daylight and sunlight and to ensure that appropriate levels consistent with a

city centre context remain”.

82. Policy ENV 35 of the Unitary Development Plan (UDP) is “To resist

development which would reduce noticeably the daylight and sunlight

available to nearby dwellings and open spaces to levels which would be

contrary to the Building Research Establishment‟s guidelines”.

83. The BRE Guidelines provide two main approaches to the calculation of

daylight; (1) Vertical Sky Component (VSC) and (2) Average Daylight Factor

(ADF). Daylighting consultants have advised that ADF is the more

appropriate method as it is more detailed and considers not only the amount of

sky visibility, but also the window size, room size and room use, i.e. it

assesses the level of light within the room.

84. When considering VSC the guidance states that if a reduction is below the

minimum recommended figure of 27% and the reduction is greater than 20%


of the existing figure the difference in daylight would be noticeable. By

convention the same is applied to ADF measurements.

85. Three buildings in the vicinity of the development have been identified as

being sensitive receptors in terms of daylight and sunlight:

27 Minories, four residential units above the Three Lords Public House

immediately to the south of the site on the corner of Minories and St Clare

Street.

Guinness Court Blocks 3 and 4 to the east of the site part of the Guinness

Trust residential estate. These are 75 metres from the site and there is an area

of open space containing a number of mature trees between the site and these

residential buildings.

136-138 Minories which has a total of 15 residential units and is located on the

west side of Minories.

27 Minories

86. The VSC analysis shows that there are 24 windows that would have more than

a 20% change in value. However when assessed under the ADF method there

are only 5 rooms that would have a noticeable change (i.e. more than 20%

change). Four of these rooms are bedrooms where daylight is already

constrained due to their position at the rear of the property looking directly

towards the existing office building across the narrow St Clare Street. The

other room is a kitchen diner which would have a loss of 21% and the loss of

light would only just be noticeable.

87. In terms of sunlight the primary elevation which faces towards the

development site is almost due north and therefore there would be no sunlight

implications.

Guinness Court, Block 3 and 4

88. The VSC analysis for Block 3 shows no windows experiencing a 20%

reduction.

89. In relation to Block 4 the VSC analysis shows that for all existing well lit

windows there would be no noticeable reduction in the vertical sky

component. There are however 8 windows at the ground level that have very

low existing VSC values where there would be a change of greater than 20%.

The existing low values are caused by the topography of the land and the fact

that the windows are in an area that is below ground level. Some of the rooms

are living rooms. The actual reduction in VSC at these windows is less than

2% and, in real terms, the change is considered not to be significant. In

addition there are mature trees between the proposed development and Block 4

which reduce existing light levels for much of the year. The addition of the

new building would therefore have less impact that the figures indicate.

90. The sunlight analysis shows that there are 8 windows where there would be

more than a 20% change in winter or annual probable sunlight hours (APSH).

These occur in relation to windows that have very low existing APSH values

where a very small reduction (1% - 2%) throws up more that a 20% change in

value. This does not necessarily represent a noticeable or material impact in

terms of amenity.


136-138 Minories

91. The proposed development will not noticeably impact on the lighting levels to

the property. In addition, as the relevant windows do not face within 90

degree of due south and the development stands to the north of this property

there would be no sunlight impacts.

140 Minories

92. This is directly opposite the site on the west side of Minories, is operated for

short term lets and therefore need not be analysed in terms of the impact of the

development under the BRE Guidelines.

Daylight and Sunlight Summary

93. The most significant impacts that the development would have on surrounding

residential would be on the sunlight to Block 4. The Sunlight and Daylight

report states that whilst they would not to be BRE complaint would not result

be uncommonly low levels of light for a densely developed area areas such as

the City.

Access

94. An access statement has been submitted in support of the application which

demonstrates that the development will be inclusive in access terms. The

design ensures level, step-free access through all circulation areas and

facilities and sufficient space for those using wheelchairs.

95. Policy 4.5 of the draft replacement London Plan includes a requirement that

10% of the additional 40,000 new hotel rooms should be wheelchair

accessible. This includes the minimum requirement under the Building Act

2000 that 5% of the bedrooms should be designed for people with disabilities.

The applicant has met this requirement and stated that a further 5% of the hotel

guestrooms and suites will be designed as wheelchair adaptable. This should

be secured by planning conditions.

96. In total a minimum of 21 bedroom of the 258 hotel bedrooms are designed as

standard accessible rooms in accordance with the guidelines set out in the

Accessible Hotels in London Draft Best Practice Guidance. There is a choice

of room type and location with at least one fully accessible room per floor

offering a choice of left and right hand transfer.

Sustainability and Energy

97. A Sustainability Statement and Energy Statement have been submitted to

accompany the planning application. A wide ranging assessment of relevant

national, regional and local policy has informed the Development. The

Development has been fully assessed against the relevant policies and

guidance contained in the London Plan, the GLA‟s Supplementary Planning

Guidance and Sustainable Design and Construction (2006) and the Mayor‟s

Energy Strategy (2004) and demonstrates compliance with the essential

standards and a majority of the preferred standards. This includes full

compliance with London Plan policies associated with energy, heating and

cooling hierarchies (Policy 4A.1 - 4A.7) and draft Replacement London Plan

policies 5.2-5.7.


98. The London Plan (2008) climate change policies require developments to

make the fullest contribution to tackling climate change by minimising carbon

dioxide emissions, adopting sustainable design and construction measures,

prioritising decentralised energy supply, and incorporating renewable energy

technologies from on-site renewable energy. Corresponding policies are set

out in Chapter 5 of the draft replacement London Plan (2009).

99. The applicants have submitted an Energy statement and the BREEAM

(Building Research Establishment Environmental Assessment Method)

Bespoke 2008 pre- assessment which indicates an overall score of 74%

achieving an “excellent” rating. The submission of a post-construction

BREEAM assessment, demonstrating that at least an “excellent” rating has

been achieved, within 6 months of completion of the development has been

requested by condition.

100. The BREEAM rating takes account of sustainable design and construction

measures that are not strictly energy saving, such as low water consumption

sanitary fittings and the inclusion of ecological features. The proposals include

a large green wall on the east elevation that will increase biodiversity and

improve the outlook from neighbouring residential buildings. Some of the

roofs of the building are designed as green roofs which in particular would

improve biodiversity and provide rainwater attenuation.

101. The energy strategy is based on measures to reduce the overall energy

demand, such as an efficient building envelope, high efficiency lighting and

plant, and ventilation heat recovery. The glazing modules would incorporate

solar glazing protection to mitigate thermal heating and reduce cooling

demand. Corian has very low levels of embodied energy in the production

process. The glazing to solid facade ratio is stated as 35% which is considered

to be near optimal in terms of balancing daylight provision and thermal

performance.

102. A gas-fired CHP system (combined heat and power) would provide most of

the electricity and water heating, and the intention is to export energy to the

grid if the conditions allow. The assessment of renewable and low carbon

energy technologies concludes that, due to spatial restrictions, air source heat

pumps would be the only feasible source or renewable energy. These would be

installed in dedicated plant rooms on the hotel floors and would not require

ventilation that would impact on the external appearance of the building. In

addition, provision would be made for linking the hotel to a future district

heating or cooling system if that becomes available.

103. The proposed energy strategy would result in overall carbon emission savings

(from regulated energy) of 52.7% compared to the Part L 2006 (building

regulations) compliant building. This figure includes 19.1% improvement on

carbon emissions savings through energy demand reduction, a further 23.2%

improvement on the energy efficient scheme through a CHP system and a

further 23.9% improvement on the energy efficient scheme with CHP system

through the installation of air source heat pumps. The replacement London

Plan target for minimum improvements to the CO2 emissions reductions on

the Part L 2006 compliant non-domestic building approved between 2010 and

2013 is 44% which would be exceeded by the proposed development.


104. The calculations have not been carried out using the Part L 2010 values but

references have been made to the target emissions rate of Part L 2010 and

show that the building would perform above the target. A condition has been

attached to ensure that Part L 2010 data would be submitted to ensure that

environmental London Plan targets are achieved and the data is available for

consistent monitoring purposes.

Archaeology

105. The proposed site is in an area of important archaeological potential located

outside the Roman and medieval city wall and within the eastern Roman

cemetery. A Roman road crosses the site. The medieval Abbey of St Clare is

close to the site which is partly within the Abbey precincts.

106. A Historic Environment Assessment has been submitted with the application

which sets out the archaeological potential of the site and impact of the

proposed development. The proposed building would have a new basement at

a lower level than the existing, this and new foundations would affect

surviving archaeological remains.

107. Archaeological evaluation is necessary to provide additional information on

the date, nature and character of surviving archaeology and to assess the

impact of the proposed development. The results of this work may affect the

design of the proposals if important remains are found to survive.

108. Conditions are recommended to cover archaeological evaluation, a programme

of archaeological work, basement and foundation design.

Section 106

109. Under Section 106 of the Town & Country Planning Act 1990 an agreement

can be made between parties, usually the developer and the local authority, or

a unilateral undertaking can be submitted by a prospective developer:

restricting the development or use of land in any specified way;

requiring specified operations or activities to be carried out in, on or under or

over the land;

requiring the land to be used in any specified way; or

requiring a sum or sums to be paid to the authority on a specified date or dates

or periodically.

110. There have been recent modifications to planning obligation arrangements by

virtue of the Community Infrastructure Levy Regulations 2010 (“the CIL

Regulations”). The Regulations introduce statutory restrictions on the use of

planning obligations to clarify their proper purpose, and make provision for

planning obligations to work alongside any Community Infrastructure Levy

(“CIL”) arrangements which local planning authorities may elect to adopt.

111. The main modification currently in force is that the tests as to the lawfulness

of planning obligations contained in Circular 5/05 have largely been placed

into law. Regulation 122 states that it is unlawful for a planning obligation to

constitute a reason to grant planning permission when determining a planning

application if the obligation does not meet all the following tests:


necessary to make the development acceptable in planning terms;

directly related to the development; and

fairly and reasonably related in scale and kind to the development

112. Government Guidance on the correct use of Section 106 is set out in Circular

5/05, which reinforces the premise that planning obligations are intended to

make acceptable development that would otherwise be unacceptable in

planning terms. The Circular states that, „The use of planning obligations must

be governed by the fundamental principle that planning permission may not be

bought or sold. It is therefore not legitimate for unacceptable development to

be permitted because of benefits or inducements offered by a developer which

are not necessary to make the development acceptable in planning terms‟. In

March 2010 the former government issued a consultation draft “New Policy

Document for Planning Obligations”. Although this remains in draft form at

the time of writing it should be noted that the key premise in Circular 5/05

outlined above is reinforced.

113. On the 8th

June 2004 the Supplementary Planning Guidance on Planning

Obligations was adopted. This states that the indicative size threshold for

seeking planning obligations is 10,000 square metres gross total floor space

provided that there is also a floorspace increase of 2,000 square metres.

114. The existing building had a total floor space of 3,333 square metres and the

proposed scheme provides a total floorspace of 9,469 square metres which

falls below the size thresholds that would trigger planning obligations as set

out in the SPG for the City of London.

Crossrail

115. The proposals for Crossrail planning obligation developer contributions have

been adopted as policy in the London Plan and the Supplementary Planning

Guidance in relation to the use of Planning Obligations in the funding of

Crossrail was published in July 2010. Therefore compliance with the

requirement for a Crossrail contribution is now a material consideration. The

SPG sets out that the contribution is due where there is an uplift of 500sqm of

floorspace or more. There are three different contribution charging areas and

the City falls within the Central London Contribution Area. The contributions

applicable in the City have been set at £137 per sq.m for office

accommodation, £88 per sq.m for retail and £60 per sq.m for hotels. The

contribution is calculated to take account of the uplift in floorspace and takes

account of the fact that different uses contribute differently to crowding on

public transport. It includes a discount where the proposed use (e.g. hotel)

contributes less to crowding that the existing use (e.g. offices).

116. In this case a contribution of £137,622 will be required to be made towards

Crossrail for the hotel and bank proposal or £126,786 for the hotel with

ancillary bar/restaurant. The decision on which will be known prior

implementation of the development, which is the normal date for payment of

the Crossrail contribution. On receipt the contribution will be paid to the

Mayor. Should the payment be made by 31st March 2013 a reduction of 20%


will be applied. A separate additional administration and monitoring fee will

be applied in relation to the Crossrail Contribution.

117. I have set out below the details that I am recommending concerning the

planning obligations. All of the proposals have been offered by the developer

to prevent unauthorised car parking on the Guinness Estate, ensure the

replacement of trees and provide street enhancement works adjacent to the

development site. I would also request that I be given delegated authority to

continue to negotiate and agree the terms of the proposed obligations as

necessary.

Highway Reparation and other Obligations

118. The cost of any reparation works required as a result of the development will

be the responsibility of the Developer.

119. If required, prior to implementation and based on the City‟s standard draft, the

developer will be obligated to enter into an agreement under Section 278 of

the Highways Act 1980 to meet the cost of highway works that are necessary

to meet the burden placed on the highway network by the development.

Employment Charter for Construction

120. The Developer has agreed to commit to the City Corporation‟s Employment

Charter for Construction and submit a training and skills job brokerage

strategy in relation to the construction process. This will maximise job

opportunities in the City for residents of the City fringes and offer employment

and training opportunities to local people wishing to begin a career in

construction.

121. The Economic Development Office is able to introduce the Developer or its

Contractor and Sub-Contractors to local training providers and brokerage

agencies to discuss their site-specific skills needs and to identify suitable local

people to fill opportunities on site. The Developer is encouraged to liaise with

the Economic Development Office at the earliest stage in the development

process in order that the strategy can be submitted prior to commencement.

Local Employment and Training Strategy

122. The Developer will be required to demonstrate its reasonable endeavours to

recruit staff for the end-use scheme (the hotel) from the City or one of its six

neighbouring boroughs (the City fringes). The Developer will be required,

prior to occupation, to set out in writing to the City's satisfaction a Local

Employment and Training Strategy.

Utility Connections

123. The development will require connection to a range of utility infrastructure.

Early engagement by the applicant about utilities infrastructure provision will

allow for proper co-ordination and planning of all works required to install the

utility infrastructure, particularly under public highway, so as to minimise

disruption to highway users. A S.106 covenant will therefore require the

submission of draft and final programmes for ordering and completing service

connections from utility providers in order that the City's comments can be

taken into account, and will require that all connections are carried out in

accordance with the programme.


Monitoring and Administrative Costs of City Obligations

124. A 10 year repayment period would be required where by any unallocated sums

would be returned to the developer 10 years after practical completion of the

development.

125. The applicant will pay the City of London‟s legal costs incurred in the

negotiation and execution of the legal agreement and the City Planning

Officer‟s administration costs in respect of the same. 1% of the total

contribution (secured under the City‟s SPG) will be allocated to the

monitoring of the agreement.

Crossrail

126. A contribution of £137,622 will be required to be made towards Crossrail

which on receipt will be paid straight to the Mayor. Should the payment be

made by 31st March 2013 a reduction of 20% will be applied. A separate

additional administration and monitoring fee will be applied in relation to the

Crossrail Contribution.

Guinness Estate

127. The developer has commitment to providing funding to Guinness South for

the provision of security measures to the residents car park on the Guinness

Estate. Payment would be capped at £8,000.

Trees

128. Currently there are two mature silver birch trees on the site which would be

lost as a result of the development. These existing mature trees provide

amenity to the local area and their loss would result in a loss of amenity. To

mitigate this impact of the development, the developer has committed to

provide for three replacement trees. The trees should be provided in

accordance with drawing numbered 399-01-00-0300-Z-GF-P1.

129. Whilst the preference is to provide the replacement trees in the locations

shown, a survey will need to be undertaken to establish the depth of the

underground tunnel and Transport for London would also need to agree as

Minories is part of the Transport for London Road Network. The outcome of

the survey will inform the location of the trees and, notwithstanding this, it

may be desirable to locate replacement trees elsewhere in Minories if a

suitable position can be found. The developer is willing to accept the

additional cost of surveying suitable locations and providing the trees off site

if required, estimated to be £7,000 per tree plus an administration fee for

officers to secure approval from Members.

Environmental Enhancement

130. The developer has agreed to fund the provision of York stone replacement

paving to be provided on the pavement areas abutting the west and south

elevations of the building along Minories and St Clare Street and a raised table

on St Clare Street at the junction with Minories. The developer will be

obligated to enter into an agreement under Section 278 of the Highways Act

1980 to meet the cost of the proposed highway works.

131. The public realm and landscaping elements shown on the proposed ground

floor plan are proposed not to be approved at this stage and would not form


part of the planning permission if granted. The proposed works would be the

subject of a separate design and assessment process taking into account the

feasibility of works and local context. A report would be submitted to Streets

& Walkways Sub-Committee for approval at a later date. All works would be

funded through the Section 278 Agreement mentioned above.

Conclusion

132. The scheme would provide an hotel with a maximum of 258 additional hotel

bedrooms. The UDP, London Plan and draft Replacement Plan policies

support the provision of visitor accommodation and facilities.

133. The design and form of the proposed development would not adversely affect

the setting of listed buildings in the vicinity. The design, bulk and massing of

the proposal is considered to be appropriate to the building frontages and scale

of buildings in this part of the Minories.

134. The proposed development would have limited impact on the London View

Management Framework's Townscape View from the Queen's Walk to the

Tower of London. Detailed analysis of the Assessment point indicates no harm

to the setting of the World Heritage Site.

135. There would be some impact on daylight and sunlight to neighbouring

residential properties but there would not be a significant loss of sunlight or

daylight.

Background Papers

Internal

Email 22.03.11, Department of Community and

Children‟s Services

Memo 23.05.07, 31.10.07 Department of Technical Services

Memo 18.02.11 Department of Environmental Health

Memo 10.02.11 Department of Environmental Services

(Cleansing Services)

Email 06.05.2011 Open Spaces P Hegarty

External

Report 12.2010 Planning Statement BNP Paribas

Report 12.2010 Design and Access Statement McKay and Partners

Report 24.03.11 Inclusive Design Statement McKay and Partners

Report 12.2010 Townscape View Impact Assessment Cityscape

Report 12.2010 Transport Assessment Odyssey

Report 12.2010 Framework Service Management Plan Odyssey

Report 12.2010 Framework Travel Plan Odyssey


Report 12.2010 Framework Construction Management Plan BNP

Paribas

Report 12.2010 Energy Statement Roger Preston and Partners

Report 12.2010 Engineering Statement Roger Preston and Partners

Report 12.2010 Breeam Pre Assessment Roger Preston and

Partners

Report rec 12.05.11 Breeam Pre Assessment Roger Preston and

Partners

Report 12.10 Planning Noise Assessment Sandy Brown

Report 13.12.10 Daylight and Sunlight GIA

Report rec13.05.11 Daylight and Sunlight GIA (136-138 Minories)

Letter 13.05.2011 BNP Paribas

Emails 15.03.2011, 10, 11, 12 and 13.05.2011 Nicola Forster BNP Paribas

Report 12.2010 Historic Environment Assessment MOLAS

Report 12.2010 Contamination Report (RSK)

Email 05.01.11 Phillip Jones BNP Paribas

Letter 07.01.2011 BNP Paribas

Letter 24.01.11 Aldgate Estate Residents' Association

Letter 22.02.11 Resident at Flat 15 136 Minories

Email 11.02.11 Thames Water

Memo City Police

Email 08.03.2011 Transport for London A Rajnarine

Email 08.03.2011 Crossrail

Email 29.03.2011 Planning Obligations TfL

Letter 10.05.2011 BNP Paribas (Quality of design)

Email 09.05.07

Letter 18.05.07 London Underground Ltd

Letter 09.02.11 City of London Retail Traders Association

Email 03.05.2011 Phillip Jones BNP Paribas

Appendix A

London Plan and Draft Replacement London Plan Policies

1. The London Plan is part of the development plan for the City. As such the

London Plan is a material consideration to which the City of London Corporation

must have regard in exercising its development control powers.

2. The London Plan sets out the Mayor‟s vision which is to develop London as an

exemplary, sustainable world city, based on three interwoven themes:

• strong, diverse long term economic growth;


• social inclusivity to give all Londoners the opportunity to share in London‟s

future success;

• fundamental improvements in London‟s environment and use of resources.

3. The London Plan policies which are most relevant to this application are

summarised below. The London Plan should be referred to for the full text of

each policy:

Policy 2A.4 The Central Activities Zone

To coordinate policy to address unique issues facing the CAZ and secure the

most appropriate development for the CAZ.

Policy 3A.3 Maximising the potential of sites

Achieve the maximum intensity of use compatible with the local context,

design principles and transport capacity.

Policy 3C.1 Integrating transport and development

Encourage patterns and forms of development that reduce the need for travel,

improve public transport, walking and cycling capacity

Policy 3C.2 Matching development to transport capacity

The cumulative impact of development on transport requirements should be

taken into account and Transport Assessments and Travel Plans included.

Policy 3C.12A Contributions will be sought for Crossrail.

Contributions will be sought from developments likely to add to, or create,

congestion on London‟s rail network that Crossrail is intended to mitigate.

Policy 3C.22 Improving conditions for cycling

Achieve cycling routes, where possible segregated from traffic or pedestrians;

and encourage sufficient secure cycle parking within developments.

Policy 3C.23 Parking strategy

Ensure minimum necessary on-site car parking and avoid over provision.

Policy 3D.3 Maintaining and improving retail facilities

Prevent the loss of retail facilities and to encourage mixed use development.

Policy 3D.7 Visitor accommodation and facilities

To achieve 40,000 additional hotel bedrooms by 2016 and improve the quality,

variety and distribution of visitor accommodation.

Policy 4A.1 Tackling climate change

Developments required to make the fullest contribution to the mitigation of

and adaptation to climate change and to minimize the emission of carbon

dioxide.

Policy 4A.3 Sustainable design and construction

Future developments should meet the highest standards of sustainable design

and construction.

Policy 4A.4 Energy assessment


Support the Mayor's Energy Strategy and its objectives of improving energy

efficiency and increasing the proportion of energy used generated from

renewable sources.

Policy 4A.5 Provision of heating and cooling networks

Ensure development is designed to connect to heating and cooling networks.

Policy 4A.6 Decentralised Energy: Heating, Cooling and Power

Developments to evaluate the use of combined cooling, heating and power

systems and demonstrate that appropriate heating and cooling systems have

been selected.

Policy 4A.7 Renewable Energy

To achieve a reduction in carbon dioxide emissions of 20% from on site

renewable energy generation (which can include sources of decentralised

renewable energy) unless it can be demonstrated that such provision is not

feasible.

Policy 4A.10 Overheating

Development to be heat resilient in design, construction and operation,

avoiding internal overheating and excessive heat generation.

Policy 4A.14 Sustainable drainage

Promotion of the use of sustainable urban drainage systems and management

of surface water run-off.

Policy 4A.16 Water supplies and resources

Proper regard to be had to the impact of proposals on water demand and

existing capacity to protect and conserve water supplies.

Policy 4B.1 Design principles for a compact city

• maximise the potential of sites

• promote high quality inclusive design and create or enhance the public

realm

• contribute to adaptation to, and mitigation of, the effects of climate change

• respect local context, history, built heritage, character and communities

• provide for or enhance a mix of uses

• be accessible, usable and permeable for all users

• be sustainable, durable and adaptable in terms of design, construction and

use

• address security issues and provide safe, secure and sustainable

environments

• be practical and legible

• be attractive to look at and, where appropriate, inspire, excite and delight

• respect the natural environment and biodiversity, and enhance green

networks and the Blue Ribbon Network

• address health inequalities.

Policy 4B.2 Promoting world-class architecture and design

Collaboration with partners to encourage contemporary and integrated designs

for the built environment.


Policy 4B.3 Enhancing the quality of the public realm

Developments should enhance the public realm and ensure that the public

realm is accessible, secure and usable for all.

Policy 4B.5 Creation of an inclusive environment

Development should adopt the principles of inclusive design so that

developments can be used safely, easily and with dignity by all regardless of

disability, age, gender, ethnicity or financial circumstances and are flexible

and responsive.

Policy 4B.6 Safety, Security and fire prevention and protection

Creation of safe, secure, accessible environments where crime and disorder,

including terrorism, and fear of crime do not undermine the quality of life or

community cohesion.

Policy 4B.15 Archaeology

To support the identification, protection, interpretation and presentation of

archaeological resources.

Policy 4B.18 Assessing development impact on designated views

To assess development impact on designated views in the London View

Management Framework.

Policy 5G.2 Strategic priorities for the Central Activities Zone

Promote and coordinate the development of the CAZ and northern part of the

Isle of Dogs to provide a competitive, integrated and varied global business

location; realise the opportunities for local communities and businesses as well

as London as a whole.

Policy 5G.4 Central Activities: Retailing

Identify, enhance and expand retail capacity to meet strategic and local need

and focus this on identified CAZ frontages.

Policy 5G.5 Predominantly Local Activities in the Central Activities Zone

To ensure adequate capacity to meet future office demand and to enhance it as

a globally attractive business location and provide for a mix of uses including

housing, unless such a mix would demonstrably conflict with other policies in

this plan

Policy 6A.4 Priorities in planning obligations.

Priorities are set out for planning obligations.

4. The draft Replacement London Plan policies which are most relevant to this

application are summarised below. The Replacement London Plan should be

referred to for the full text of each policy:

Policy 2.10 Central Activities Zone – strategic priorities

Enhance and promote the unique international, national and London wide roles

of the Central Activities Zone (CAZ);

Sustain and enhance the distinctive environment and heritage of the CAZ,

recognising both its strategic components such as WHSs, designated views


and more local features including the public realm, smaller open spaces and

distinctive buildings, through high quality design and urban management;

In appropriate parts of the CAZ ensure that development of office provision is

not strategically constrained and that provision is made for a range of

occupiers especially the strategically important financial and business services.

Policy 2.11 Central Activities Zone – strategic functions

Ensure that developments proposals to increase office floorspace within CAZ

include a mix of uses including housing, unless such a mix would

demonstrably conflict with other policies in this plan.

Policy 4.1 Developing London‟s economy

Promote and enable the continued development of a strong and

increasingly diverse economy;

Support the distinctive and crucial contribution to London‟s economic

success made by central London and its specialist clusters of economic

activity;

Promote London as a suitable location for European and other

international agencies and businesses.

Policy 4.2

Support the management and mixed use development and redevelopment of

office provision to improve London‟s competitiveness and to address the

wider objectives of this Plan, including enhancing its varied attractions for

businesses of different types and sizes.

Policy 4.5 London‟s visitor infrastructure

Provisions to support the continued success of London‟s diverse range of arts,

cultural and entertainment enterprises.

Policy 4.8 Supporting a successful and diverse retail sector

Provisions to support a successful, competitive and diverse retail sector which

promotes sustainable access to the goods and services that Londoners need and

the broader objectives of the spatial structure of the plan

Policy 5.2 Minimising carbon dioxide emissions

Development proposals should make the fullest contribution to minimising

carbon dioxide emissions.

Policy 5.3 Sustainable design and construction

Development proposals should demonstrate that sustainable design standards

are integral to the proposal, including its construction and operation.

Major development proposals should meet the minimum standards outlined in

the Mayor‟s supplementary planning guidance on Sustainable Design and

Construction


Policy 5.7 Renewable energy

Major development proposals should provide a reduction in carbon dioxide

emissions through the use of onsite renewable energy generation, where

feasible.

Policy 5.11 Green roofs and development site environs

Major development proposals should be designed to include roof, wall and site

planting, especially green roofs and walls where feasible.

Policy 5.13 Sustainable drainage

Development should utilise sustainable urban drainage systems (SUDS) unless

there are practical reasons for not doing so.

Policy 6.1 Strategic approach

The Mayor will work with all relevant partners to encourage the closer

integration of transport and development.

Policy 6.3 Assessing transport capacity

Development proposals should ensure that impacts on transport capacity and

the transport network are fully assessed.

Policy 6.5 Funding Crossrail and other strategically important transport

infrastructure

Developments which contribute to the transport needs that the Crossrail

project will wholly or partly address will be required to contribute towards its

funding through the use of planning obligations.

Policy 6.9 Cycling

Developments should provide secure, integrated and accessible

cycle parking facilities and provide on-site changing facilities and showers for

cyclists.

Policy 6.13 Parking

Provisions to meet the Mayor‟s strategic aim to ensure an appropriate balance

being struck between promoting new development and preventing excessive

car parking provision that can undermine cycling, walking and public transport

use.

Policy 7.2 An inclusive environment

All new development in London to achieve the highest standards of accessible

and inclusive design.

Policy 7.3 Secured by design

Creation of safe, secure and appropriately accessible environments.

Policy 7.4 Local character


Development should have regard to the form, function and structure of an

area, place or street and the scale, mass and orientation of surrounding

buildings.

Policy 7.5 Public realm

London‟s public spaces should be secure, accessible, easy to understand and

maintain, and incorporate the highest quality landscaping, planting, furniture

and surfaces.

Policy 7.6 Architecture.

Buildings and structures should be of the highest architectural quality, activate

and appropriately enclose the public realm; not cause unacceptable harm to the

amenity of surrounding land and buildings in relation to privacy,

overshadowing, wind and microclimate; incorporate best practice in resource

management and climate change mitigation and adaptation; provide high

quality indoor and outdoor spaces; integrate well with the surrounding streets

and open spaces; be adaptable to different activities and land uses; and meet

the principles of inclusive design.

Policy 7.8 Heritage assets and archaeology

New development in the setting of heritage assets and conservation areas

should be sympathetic to their form, scale, materials

and architectural detail. New development should make provision for the

protection of archaeological resources and significant memorials.

Policy 7.12 Implementing the London View Management Framework

New development should not harm and where possible should make a positive

contribution to the characteristics and composition of the strategic views and

their landmark elements. It should also, where possible, preserve viewers‟

ability to recognise and to appreciate Strategically Important Landmarks in

these views and, where appropriate, protect the silhouette of landmark

elements of WHSs as seen from designated Viewing Places.

Policy 7.13 Safety, security and resilience to emergency

Development proposals should contribute to the minimisation of potential

physical risks, including those arising as a result of fire, flood and related

hazards.

Policy 7.19 Biodiversity and access to nature

Development Proposals should, wherever possible, make a positive

contribution to the protection, promotion and management of biodiversity.


SCHEDULE

APPLICATION: 10/00948/FULMAJ

24 - 26 Minories London EC3N 1BQ

Demolition of existing 6 storey Class B1 (Office) and Class A2 (Financial and

Professional Services) building and redevelopment to provide a new C1 (Hotel)

with a maximum of 258 bedrooms with flexible Class C1 and Class A2 on ground

and basement and part 6 and part 16 upper floors with ancillary storage and

servicing in basement, totalling 9,469sqm (GEA) with enclosed rooftop plant,

serving to the rear and associated infrastructure.

CONDITIONS

1 The development hereby permitted shall be begun before the expiration of

three years from the date of this permission.

REASON: To ensure compliance with the terms of Section 91 of the Town

and Country Planning Act 1990.

2 Before any works thereby affected are begun the following details shall be

submitted to and approved in writing by the Local Planning Authority and all

development pursuant to this permission shall be carried out in accordance

with the approved details:

(a) particulars and samples of the materials to be used on all external faces of

the building including external ground and upper level surfaces;

(b) details of the proposed facades including a typical bay, fenestration, and

entrances (elevations, cross-section and plans at scale 1:20);

(c) typical details of stonework including coursing and pointing;

(d) details of ground floor elevations;

(e) details of soffits, hand rails and balustrades;

(f) details of junctions with adjoining premises;

(g) details of the integration of window cleaning equipment and the garaging

thereof, plant, flues, fire escapes and other excrescences at roof level;

(h) details of all ground level surfaces including materials to be used;

(i) details, samples and a full scale mock up of all external light fittings

including those illuminating the Corian cladding and LED's;

REASON: To ensure that the Local Planning Authority may be satisfied with

the detail of the proposed development and to ensure a satisfactory external

appearance in accordance with the following policies of the Unitary

Development Plan 2002:ENV1, ENV2,ENV8, ENV27 and ENV28

3 The facing material of the corner/lower building (with the exception of the

windows and ground floor level cladding on the north elevation shall be of

Corian in accordance with the approved drawings unless otherwise agreed in

writing by the local planning authority.


REASON: To ensure that the Local Planning Authority may be satisfied with

the detail of the proposed development and to ensure a satisfactory external

appearance in accordance with the following policies of the Unitary

Development Plan 2002: ENV1.

4 Works shall not begin until a scheme for protecting nearby residents and

commercial occupiers from noise, dust and other environmental effects, based

on the Department of Environmental Services' Code of Deconstruction and

Construction Practice, has been submitted to and approved in writing by the

Local Planning Authority. A staged scheme of protective works may be

submitted in respect of individual stages of the construction process but no

works in any individual stage shall be commenced until the related scheme has

been submitted to and approved in writing by the Local Planning Authority.

The development shall not be carried out other than in accordance with the

approved scheme.

REASON: To protect the amenities of nearby residents and commercial

occupiers in accordance with the following policies of the Unitary

Development Plan 2002: HOUS 9, ENV 33.

5 Unless otherwise agreed in writing by the Director of Environmental Services

the level of noise emitted from any new plant shall be lower than the existing

background level by at least 10 LpA. Noise levels shall be determined at one

metre from the window of the nearest noise sensitive premises. The

measurements and assessments shall be made in accordance with B.S. 4142.

The background noise level shall be expressed as the lowest LA90 (10

minutes) during which plant is or may be in operation. A report demonstrating

compliance with this condition must be submitted to and approved in writing

by the Local Planning Authority before the plant hereby approved comes into

operation.

REASON: To protect the amenities of neighbouring commercial occupiers in

accordance with the following policies of the Unitary Development Plan 2002:

ENV 33.

6 Before any mechanical plant is used on the premises it shall be mounted in a

way which will minimise transmission of structure borne sound or vibration to

any other part of the building in accordance with a scheme to be agreed with

the local planning authority.

REASON: In order to protect the amenities of neighbouring commercial

occupiers in accordance with the following policies of the Unitary

Development Plan 2002: ENV 33

7 The refuse collection and storage facilities shown on the drawings hereby

approved to serve the hotel and retail components shall be provided and

maintained throughout the life of the building for the use of all hotel and retail

occupiers.

REASON: To ensure the satisfactory servicing of the building in accordance

with the following policies of the Unitary Development Plan 2002: UTIL 6,

ENV 1.


8 Changing facilities and showers shall be provided adjacent to the bicycle

parking areas and maintained throughout the life of the building for the use of

occupiers of the building in accordance with the approved plans.

REASON: To make travel by bicycle more convenient in order to encourage

greater use of bicycles by commuters in accordance with the following policy

of the Unitary Development Plan 2002: TRANS 22.

9 The green roofs indicated on the drawings hereby approved shall be planted in

accordance with the details of size, type and contribution of the green roofs to

biodiversity and rainwater attenuation, which shall be submitted to and

approved in writing by the local planning authority before any works affected

thereby are begun, and shall be maintained as approved for the life of the

development.

REASON: To provide a habitat that will encourage biodiversity and to assist

the environmental sustainability of the development in accordance with the

following policies of the Unitary Development Plan 2002: REC 3, UTIL 9 and

London Plan Policy 4A.11.

10 Before any works thereby affected are begun a detailed management plan for

the construction, planting, irrigation and maintenance of the green wall which

are to be landscaped or planted shall be submitted to and approved in writing

by the Local Planning Authority. The planting on this wall shall be provided

not later than the end of the first planting season following completion of the

development. The planting on this wall shall be maintained throughout the life

of the building in accordance with the approved management plan and any

plants which die or are removed shall be replaced in accordance with the

management plan with similar plants to those originally approved, or such

alternatives as may be agreed in writing by the Local Planning Authority.

REASON: To ensure that the building meets the objectives set out in the

Environmental Statement and in the interests of visual amenity in accordance

with the following policies of the Unitary Development Plan 2002: ENV 1,

ENV 5, ENV 8 and ENV 9.

11 Before any construction works hereby permitted are begun calculations shall

be submitted to and approved in writing by the local planning authority

showing the proposed overall carbon emissions savings and the individual

savings achieved in the stages of the London Plan energy hierarchy, in

comparison with the target emission rate set out in Part L 2010 of the Building

Regulations .

REASON: To ensure compliance with London Plan policy 4A.4

12 The new development shall be designed to allow for the retro-fit of heat

exchanger rooms required to connect into a district heating network, should

this become available during the lifetime of the development.

REASON: To ensure compliance with London Plan policy 4A.6

13 At least 5% of the hotel rooms shall be wheelchair accessible and a further 5%

shall be designed to be adaptable for wheelchair accessibility and shall be so

maintained for the life of the building.


REASON: To ensure that disabled people are able to use the building in

accordance with the following policy of the Unitary Development Plan 2002:

ENV 27.

14 Prior to the occupation of the hotel an Accessibility Management Plan shall be

submitted to and approved by the Local Planning Authority including details

of accessible car parking provision for disabled visitors to the building. Such

provision shall thereafter be operated in accordance with the approved

Accessibility Management Plan (or any amended Accessibility Management

Plan that may be approved by the Local Planning Authority) for the life of the

building.

REASON: To ensure that adequate car parking provision is made for disabled

users of the hotel in accordance with the following policies of the Unitary

Development Plan 2002 : ENV 27.

15 Provision shall be made for disabled people to obtain access to the building via

the principal entrance without the need to negotiate steps and shall be

maintained for the life of the building.

REASON: To ensure that disabled people are able to use the building in


ENV 27..

16 No live or recorded music that can be heard outside the premises shall be

played.

REASON: To safeguard the amenity of the adjoining premises and the area

generally in accordance with the following policies of the Unitary


17 Unless otherwise approved by the Local Planning Authority the doors and

windows to the hotel bar or restaurant on the Minories and St Clare Street

frontages shall be kept closed. They may be used only in an emergency or for

maintenance purposes.

REASON: To safeguard the amenity of the adjoining premises and the area

generally in accordance with the following policies of the Unitary


18 The plant enclosure shown in the drawings hereby approved shall be

constructed and completed within a period of three months from the date of

the plant equipment being installed on the roof and shall be retained thereafter

as approved for the life of the plant it encloses.

REASON: To ensure a satisfactory external appearance in accordance with the

following policies of the Unitary Development Plan 2002: ENV 1, ENV 6,

ENV 28.

19 External spaces at ground level, sixth floor green roof and green terrace at

13th floor level within the site shall not be used by hotel guests and other

customers of the bars and restaurants in the building for eating or drinking

between 11.00pm on one day and 7.00am on the following day.


REASON: To safeguard the amenities of adjoining residential premises in


HOUS9, ENV33

20 No plant or telecommunications equipment shall be installed on the exterior of

the building except as may be approved by the Local Planning Authority in

writing.

REASON: To ensure a satisfactory external appearance in accordance with the

following policies of the Unitary Development Plan 2002: UTIL 3, ENV 28.

21 Permanently installed pedal cycle racks shall be provided and maintained

within the building throughout the life of the building sufficient to

accommodate a minimum of one pedal cycle per 10 employees. The cycle

parking provided must remain ancillary to the use of the building and must be

available at all times throughout the life of the building for the sole use of the

occupiers thereof and their visitors without charge to the individual end users

of the parking.

REASON: To ensure provision is made for cycle parking and that the cycle

parking remains ancillary to the use of the building and to assist in reducing

demand for public cycle parking in accordance with the following policy of

the Unitary Development Plan 2002: TRANS 22.

22 Before any piling or construction of basements is commenced a scheme for the

provision of sewer vents within the building shall be submitted to and

approved in writing by the local planning authority. Unless otherwise agreed

in writing by the local planning authority the agreed scheme for the provision

of sewer vents shall be implemented and brought into operation before the

development is occupied and shall be so maintained for the life of the

building.

REASON: To vent sewerage odour from (or substantially from) the

development hereby permitted and mitigate any adverse air pollution or

environmental conditions in order to protect the amenity of the area in


ENV 33.

23 Facilities (other than by street level turntable) must be provided and

maintained for the life of the development so that vehicles may enter and leave

the building by driving in a forward direction.

REASON: To ensure satisfactory servicing facilities and in the interests of

public safety in accordance with the following policy of the Unitary

Development Plan 2002: TRANS 15.

24 Goods, including fuel, delivered or collected by vehicles arriving at or

departing from the building shall not be accepted or dispatched unless the

vehicles are unloaded or loaded within the curtilage of the building.

REASON: To avoid obstruction of the surrounding streets and to safeguard the

amenity of the occupiers of adjacent premises, in accordance with the

following policies of the Unitary Development Plan 2002: HOUS 9, ENV 33.


25 Unless otherwise agreed in writing by the Local Planning Authority no goods

or service vehicles shall enter or leave the service area between the hours of

11.00pm on one day and 7.00am on the following day from Monday to

Saturday and between 11.00pm on Saturday and 7.00am on the following

Monday and between 7.00am and 11.00pm on a Bank Holiday.

REASON: To protect the amenities of the adjoining residential

accommodation in accordance with the following policy of the Unitary

Development Plan 2002: HOUS 9.

26 As soon as practicable after Completion the following shall be submitted and

approved by the local planning authority: a post construction BREEAM

Assessment for the Hotel part of the Building demonstrating that a target

rating of 'Excellent' has been achieved (or such other target rating as the City

of London Corporation may agree provided that it is satisfied all reasonable

endeavours have been used to achieve an 'Excellent' rating).

REASON: To ensure compliance with London Plan policy 4A.3, 4A.10

27 Details of a Servicing Management Plan demonstrating the arrangements for

control of the arrival and departure of vehicles servicing the premises shall be

submitted to and approved in writing by the Local Planning Authority prior to

the commencement of the development hereby permitted. The building

facilities shall thereafter be operated in accordance with the approved

Servicing Management Plan (or any amended Servicing Management Plan that

may be approved from time to time by the Local Planning Authority) for the

life of the building.

REASON: To ensure that the development does not have an adverse impact on

the free flow of traffic in surrounding streets in accordance with the following

policy of the Unitary Development Plan 2002: TRANS 15.

28 An Interim Travel Plan shall be submitted to and approved in writing by the

Local Planning Authority prior to the occupation of the building hereby

permitted. Within 6 months of first occupation a full Travel Plan shall be

submitted to and approved in writing by the Local Planning Authority. The

offices in the building shall thereafter be operated in accordance with the

approved Travel Plan (or any amended Travel Plan that may be approved from

time to time by the Local Planning Authority) for a minimum period of 5 years

from occupation of the premises. Annual monitoring reports shall be submitted

to the Local Planning Authority during the same period.

REASON: To ensure that the Local Planning Authority may be satisfied that

the scheme provides a sustainable transport strategy and does not have an

adverse impact on the transport network.

29 Before the development hereby permitted is begun a detailed site investigation

shall be carried out to establish if the site is contaminated and to determine the

potential for pollution of the water environment. The method and extent of this

site investigation shall be agreed in writing with the Local Planning Authority

prior to commencement of the work. Details of measures to prevent pollution

of ground and surface water, including provisions for monitoring, shall then be

submitted to and approved in writing by the Local Planning Authority before


the development commences. The development shall proceed in strict

accordance with the measures approved.

REASON: To prevent pollution of the water environment in accordance with

the following policy of the Unitary Development Plan 2002: ENV 33.

30 Prior to and during any building, engineering or other operations hereby

permitted, archaeological evaluation shall be carried out in order to compile

archaeological records in accordance with a timetable and scheme of such

archaeological work submitted to and approved in writing by the Local

Planning Authority before any commencement of work.

REASON: To ensure that an opportunity is provided for the archaeology of

the site to be considered and recorded in accordance with the following policy

of the Unitary Development Plan 2002: ARC 1.

31 No development shall take place within the site until the developer has secured

the implementation of a programme of archaeological work to be carried out

in accordance with a written scheme of investigation which has been

submitted to and approved in writing by the Local Planning Authority. This

shall include all on site work, including details of any temporary works which

may have an impact on the archaeology of the site and all off site work such as

the analysis, publication and archiving of the results. All works shall be

carried out and completed as approved, unless otherwise agreed in writing by

the Local Planning Authority.

REASON: In order to allow an opportunity for investigations to be made in an

area where remains of archaeological interest are understood to exist in


ARC 2, ARC 3.

32 Before any works hereby permitted are begun, details of the foundations and

piling configuration, to include a detailed design and method statement, shall

be submitted to and approved in writing by the Local Planning Authority, such

details to show the preservation of surviving archaeological remains which are

to remain in situ.

REASON: To ensure the preservation of archaeological remains following

archaeological investigation in accordance with the following policies of the

Unitary Development Plan 2002: ARC 2, ARC 3.

33 The development shall not be carried out other than in accordance with the

following approved drawings and particulars or as approved under conditions

of this planning permission: location plan 399-EX-00-0100-Z-00, 399-EX-00-

0201-Z00-399-EX-00-0201-Z00-Rev P1, 399-EX-00-0200-Z-B1, Z-0202-01

to 0206-Z-05 inclusive, 399-EX-00-0207-Z-RF, 399-EX-00-0400-Z-N0, 399-

EX-00-0401-Z-SO, 0402-Z-WE, 0403-Z-EA, 399-EX-00-0450-Z_WS, 399-F-

00-0100-Z-XX Rev P1, 399-F-00-0200-Z-XX Rev P1, 399-L-00-0200-Z-OG

Rev P1, 399-01-00-0199-Z-B1-A Rev P1, 399-01-00-0199-Z-B1-B Rev P1,

399-01-00-0200-Z-00-A Rev P1, 399-01-00-0200-Z-00-B Rev P1, 399-01-00-

0201-Z-01-A, 399-01-00-0201-Z-01-B, 399-01-00-0202-Z-02 to 0215-Z-15

inclusive, 399-01-00-0216-Z-RF, 399-01-00-0250-Z-RF, 399-01-00-0402-Z-

EA, 399-01-00-0404-Z-WE, 399-01-00-0405-Z-SO, 399-01-00-0406-Z-NO,

399-01-00-0450-Z-WS, 399-01-00-0500-Z-AA, 399-01-00-0501-Z-BB, 399-


01-00-0502-Z-CC, 399-01-00-0503-Z-DD, 399-01-00-0300-Z-GF Rev P1,

399-01-00-0301-Z-GF, 399-01-00-0302-Z-GF, 399-04-00-03102-Z-XX,

399-04-00-3103-Z-XX, 399-04-00-3104-Z-SO, 399-04-00-3105-Z-WN, 399-

04-00-0310-Z-XX, 399-04-00-0311-Z-XX, 399-04-00-0312-Z-XX, 399-08-

00-0100-Z-XX, 399-08-00-0101-Z-XX, Letter dated 25th March 2011 BNP

Paribas and email dated 10th May 2011 Nick Adams Mackay Partners.

REASON: To ensure that the development of this site is in compliance with

details and particulars which have been approved by the Local Planning

Authority.

INFORMATIVES

1 The correct street number or number and name must be displayed prominently

on the premises in accordance with regulations made under Section 12 of the

London Building Acts (Amendment) Act 1939. Names and numbers must be

agreed with the Department of Planning and Transportation prior to their use

including use for marketing.

2 You are advised that the detailed designed and in particular the proposed

modelled Corian facing material of the corner building as shown on the

approved drawings is considered to be a very important element of the success

of the overall building design. As such, any proposed variation either in

detailed design or in the use of materials that is not wholly within the spirit of

those drawings is likely to dilute the convincing design quality of the building

and is likely to be resisted by the City of London as local planning authority.

3 The Department of Environmental Services (Highways and Streetworks

Team) must be consulted on the following matters which require specific

approval:

(a) Hoardings, scaffolding and their respective licences, temporary road

closures and any other activity on the public highway in connection with the

proposed building works. In this regard the City of London Corporation

operates the Considerate Contractors Scheme.

(b) The incorporation of street lighting and/or walkway lighting into the new

development. Section 53 of the City of London (Various Powers) Act 1900

allows the City to affix to the exterior of any building fronting any street

within the City brackets, wires, pipes and apparatus as may be necessary or

convenient for the public lighting of streets within the City.

(c) Connections to the local sewerage and surface water system.

(d) Carriageway crossovers.

(e) Means of escape and constructional details under the Building Regulations

and London Building Acts (District Surveyor).


4 The Director of Environmental Services (Environmental Health Team) must

be consulted on the following matters:

(a) Approval for the installation of furnaces to buildings and the height of any

chimneys. If the requirements under the legislation require any structures in

excess of those shown on drawings for which planning permission has already

been granted, further planning approval will also be required.

(b) Installation of engine generators using fuel oil.

(c) The control of noise and other potential nuisances arising from the

demolition and construction works on this site and compliance with the

Construction (Design and Management) Regulations 1994; the Environmental

Services Department should be informed of the name and address of the

project manager and/or main contractor as soon as they are appointed.

(d) Alterations to the drainage and sanitary arrangements.

(e) The requirements of the Health and Safety at Work etc Act 1974 and the

other relevant statutory enactments (including the Offices, Shops and Railway

Premises Act 1963); in particular:

the identification, encapsulation and removal of asbestos in accordance with a

planned programme;

provision for window cleaning (internal and external) to be carried out safely.

(f) The use of premises for the storage, handling, preparation or sale of food.

(g) Use of the premises for public entertainment.

(h) Approvals relating to the storage and collection of wastes.

(i) The detailed layout of public conveniences.

(j) Limitations which may be imposed on hours of work, noise and other

environmental disturbance.

(k) The control of noise from plant and equipment;

(l) Methods of odour control.

5 The Director of Environmental Services (Environmental Health Team) advises

that:

Noise and Dust

(a) The construction/project management company concerned with the

development must contact the Department of Environmental Services and

provide a working document detailing steps they propose to take to minimise

noise and air pollution for the duration of the works at least 28 days prior to

commencement of the work. Restrictions on working hours will normally be


enforced following discussions with relevant parties to establish hours of work

for noisy operations.

(b) Demolition and construction work shall be carried out in accordance with

the Department of Environmental Services' Code of Practice for

Deconstruction and Construction. The code details good site practice so as to

minimise disturbance to nearby residents and commercial occupiers from

noise, dust etc. The code can be accessed through the City of London internet

site, www.cityoflondon.gov.uk, via the a-z index under Pollution Control-City

in the section referring to noise, and is also available from the Environmental

Services Department.

(c) Failure to notify the Department of Environmental Services of the start of

the works or to provide the working documents will result in the service of a

notice under section 60 of the Control of Pollution Act l974 (which will dictate

the permitted hours of work including noisy operations) and under Section 80

of the Environmental Protection Act l990 relating to the control of dust and

other air borne particles. The restrictions on working hours will normally be

enforced following discussions with relevant parties to establish hours of work

for noisy operations.

(d) Construction work shall not begin until a scheme for protecting nearby

residents and commercial occupiers from noise from the site has been

submitted to and approved by the Department of Environmental Services.

Clean Air Act 1993

(e) Section 4 of the Clean Air Act l993 requires notification of the installation

of a furnace (boiler generator) in a building to the City of London Corporation

as the local authority.

(f) Section 14 of the Clean Air Act l993 applies to any furnace served by a

chimney to burn any liquid or gaseous matter at a rate of 366.4 kilowatts or

more and to any furnace served by a chimney to burn pulverised fuel or to

burn any solid matter at a rate of more than 45.4 kilograms or more an hour. It

requires the height of the chimney serving the furnace to be approved by the

City of London Corporation as the local authority and any conditions subject

to which the approval is granted, to be complied with. Use of any furnace with

the aforementioned rating without chimney height approval is an offence on a

daily basis.

All gas boilers should have a NOx5 rating in order to reduce air pollution in

the Air Quality Management Area.

Standby Generators

(g) Part III of the Environmental Act l995 resulted in The City of London

being declared on 26 January 2001 an Air Quality Management Area for

Nitrogen Dioxide (NO2) and Fine Particles (PM10).


(h) Chimney Height Approvals under Section 14 and 15 of The Clean Air Act

l993 enable various conditions to be attached to the approvals. Frequently the

calculated Chimney Height above roof level conflicts with requirements of

planning control and further or different mitigation measures need to be taken

to allow installation of the plant dependent on the individual circumstances of

each case or location.

(i) Advice on a range of measures to achieve the best environmental option on

the control of pollution from standby generators can be obtained from his

department.

(j) There is a potential for standby generators to give out dark smoke on start

up and to cause noise nuisance. Guidance is available from his department on

measures to avoid this and on the testing, silencing and isolation of equipment

to avoid a nuisance being caused.

Cooling Towers

(k) Wet cooling towers are recommended rather than dry systems due to the

energy efficiency of wet systems.

Noise Affecting Residential Properties

(l) The proposed residential flats are close to busy roads and are in an existing

commercial area which operates 24 hours a day. The scheme should include

effective sound proofing of the windows and the provision of air conditioning

or silenced ventilation units to enable the occupants to keep their windows

closed to benefit from the sound insulation provided. This may need

additional planning permission.

(m) The proposed residential units are located in a busy City area that operates

24 hours a day and there are existing road sweeping, deliveries, ventilation

plant and refuse collection activities that go on through the night. The units

need to be designed and constructed to minimize noise disturbance to the

residents. This should include acoustic treatment to prevent noise and

vibration transmission from all sources. Sound insulation treatment needs to be

provided to the windows and either air conditioning provided or silent

ventilation provided to enable the windows to be kept closed yet maintain

comfortable conditions within the rooms of the flat. This may need additional

planning permission.

Ventilation of Sewer Gases

(n) The sewers in the City historically vent at low level in the road. The area

containing the site of the development has suffered smell problems from sewer

smells entering buildings. A number of these ventilation grills have been

blocked up by Thames Water Utilities. These have now reached a point where

no further blocking up can be carried out. It is therefore paramount that no

low level ventilation intakes or entrances are adjacent to these vents. The

Director of Environmental Services strongly recommends that a sewer vent


pipe be installed in the building terminating at a safe outlet at roof level

atmosphere. This would benefit the development and the surrounding areas by

providing any venting of the sewers at high level away from air intakes and

building entrances, thus allowing possible closing off of low level ventilation

grills in any problem areas.

Food Hygiene and Safety

(o) Further information should be provided regarding the internal layout of the

proposed food/catering units showing proposals for staff/customer toilet

facilities, ventilation arrangements and layout of kitchen areas.

(p) If cooking is to be proposed within the food/catering units a satisfactory

system of ventilation will be required. This must satisfy the following

conditions:

Adequate access to ventilation fans, equipment and ductwork should be

provided to permit routine cleaning and maintenance;

The flue should terminate at roof level in a location which will not give rise to

nuisance to other occupiers of the building or adjacent buildings. It cannot be

assumed that ductwork will be permitted on the exterior of the building;

Additional methods of odour control may also be required. These must be

submitted to the Department of Environmental Services for comment prior to

installation;

Ventilation systems for extracting and dispersing any emissions and cooking

smells to the external air must be discharged at roof level and designed,

installed, operated and maintained in accordance with manufacturer's

specification in order to prevent such smells and emissions adversely affecting

neighbours.

(q) The Health Act 2006 and associated Regulations prohibit the smoking of

tobacco products in all enclosed or partially enclosed premises used as

workplaces or to which the public have access. All such premises are required

to provide signs prescribed by Regulations. Internal rooms provided for

smoking in such premises are not permitted. More detailed guidance is

available from the Department of Environmental Services (020 7332 3630)

and from the Smoke Free England website: www.smokefreeengland.co.uk.

Biomass

(r) When considering how to achieve, or work towards the achievement of, the

renewable energy target in the Mayor of London's Energy Strategy, the

Environmental Services Department would prefer developers not to consider

installing a biomass burner as the City is an Air Quality Management Area for

fine particles and nitrogen dioxide. Research indicates that the widespread use

of these appliances has the potential to increase particulate levels in London to

an unacceptable level. Until the Environmental Services Department is


satisfied that these appliances can be installed without causing a detriment to

the local air quality they are discouraging their use. Biomass CHP may be

acceptable providing sufficient abatement is fitted to the plant to reduce

emissions to air.

6 The Director of Environmental Services must be consulted on the use of

premises for the storage, handling, preparation or sale of food and associated

extract arrangements, sound insulation arrangements, control of noise during

construction, Health & Safety arrangements, flues and chimneys etc.

7 This approval relates only to the details listed above and must not be construed

as approval of any other details shown on the approved drawings.

8 The Crime Prevention Design Advisor for the City of London Police should be

consulted with regard to guidance on all aspects of security including the

camera watch scheme, means of crime prevention in new development and on

current crime trends.

9 This permission must in no way be deemed to prejudice any rights of light

which may be enjoyed by the adjoining owners or occupiers under Common

Law.

10 Access for people with disabilities is a material consideration in the

determination of planning applications. The City of London Corporation has

published design standards giving advice on access for people with disabilities

and setting out the minimum standards it expects to see adopted in the City

buildings. These can be obtained from the City's Access Adviser, City

Planning Officer and District Surveyor. Further advice on improving access

for people with disabilities can be obtained from the City's Access Adviser.

Your attention is drawn to the Disability Discrimination provisions of the

Equality Act 2010 to ensure that disabled people are not significantly

disadvantaged.

Service providers, etc., should make "reasonable adjustments" to facilitate

access to their premises and the City asks all applicants for planning

permission to ensure that physical barriers to access premises are minimised in

any works carried out.

11 Reason for Grant of Planning Permission

The decision to grant this planning permission has been taken having regard to

the policies in the City of London Unitary Development Plan 2002 set out

below, the London Plan, relevant government guidance and supplementary

planning guidance, representations received and all other relevant material

considerations. Objections were made to the application. These were taken

into account by the Local Planning Authority but were not considered to

outweigh the reasons for granting planning permission. Conditions of the

planning permission and planning obligations will address some issues raised

by objectors.


The scheme would provide an hotel with a maximum of 258 additional hotel

bedrooms. The UDP, London Plan and draft Replacement Plan policies

support the provision of visitor accommodation and facilities. The proposed

hotel, associated publicly accessible facilities would help serve the City's

needs and assist in accommodating visitors to London.

It is considered that the design and form of the proposed development would

not adversely affect the setting of listed buildings in the vicinity. The design,

bulk and massing of the proposal is considered to be appropriate to the

building frontages and scale of buildings in this part of the Minories.

The proposed development would have limited impact on the London View

Managements Framework's Townscape View from the Queen's Walk to the

Tower of London. Detailed analysis of the Assessment point indicates no harm

to the setting of the World Heritage Site.

There would be some impact on daylight and sunlight to neighbouring

residential properties but there would not be a significant loss of sunlight or

daylight.

Relevant London Plan Policies:

Policy 2A.4 Visitor and accommodation facilities should to improve quality,

variety and distribution of visitor accommodation.

Policy 4A.3 Future developments should meet the highest standards of

sustainable design and construction.

Policy 4B Policy 4A.4 Support the Mayor's Energy Strategy and its objectives

of improving energy efficiency.

Policy 4B.1 Design principles for a compact city

Policy 4B.2 Promoting world-class architecture and design

Policy 4B.3 Maximising the potential of sites

Policy 4B.4 Enhancing the quality of the public realm

Policy 4B.5 Creating an inclusive environment

Policy 4B.6 Sustainable design and construction

Policy 4B.7 Respect local context and communities

Unitary Development Plan 2002 and Draft Core Strategy Policies

STR2A

To promote the City as the world's leading international financial and

business centre which, as a sustainable part of London's Central

Activities Zone, contributes significantly to London's role as a world

city, to the national economy and to the provision of employment

opportunities for London and surrounding regions.

STR4A

To encourage the contribution made by visitors to employment and the

economy within the context of the City's role as the world's leading

international financial and business centre and have regard to the

importance of the City in the historic heritage of London.


STR10A

To require all new development and public areas to be designed to the

highest standards, commensurate with the unique physical environment,

and the metropolitan role and setting, of the City.

STR11A

To recognise the archaeological importance of the City as the historic

centre of the capital and to seek the adequate safeguarding and

investigation of ancient monuments and archaeological remains.

ECON4

To permit change of use from offices to other uses where appropriate.

ENV1

To encourage development which visually enhances the City, and avoids

harm to the townscape, by ensuring that:

i. the bulk and massing of schemes are appropriate in

relation to the surroundings;

ii. development has due regard to the general scale, height,

character and materials of the locality; and

iii. all development is of a high standard of design and

architectural detail.

ENV8

To promote and ensure high standards in the layout, design, surface

treatment and landscaping of open spaces and streets, and to seek the

retention of existing surfaces and features which contribute positively to

the character and appearance of the location and the City.

ENV24

To preserve or enhance the setting of the Tower of London World

Heritage Site.

ENV27

To require access to the built environment for everybody including the

provision of facilities and amenities for disabled people.


ENV28

To ensure that building services are satisfactorily integrated into the

architectural design of the building (with particular reference to its roof

profile) and to resist installations which would adversely affect the

character, appearance or amenities of the buildings or area concerned.

ENV33

To protect the amenity in and around buildings by resisting development

likely to produce offensive noise, air pollution, surface and underground

water pollution or other adverse environmental conditions.

ENV35

To resist development which would reduce noticeably the daylight and

sunlight available to nearby dwellings and open spaces to levels which

would be contrary to the Building Research Establishment's guidelines.

SHOP1

To resist the loss of retail floorspace to non-retail use.

SHOP2

To seek the replacement of retail uses in development schemes and to

ensure that such replacements are primarily at the pedestrian level.

SHOP10

To resist the loss of shop (A1) uses.

UTIL6

To require adequate provision within all developments for the storage,

presentation for collection, and removal of waste, unless exceptional

circumstances make it impractical; to encourage provision to allow for

the separate storage of recyclable waste where appropriate.

UTIL9

To encourage development which incorporates water conversion and

efficiency measures or which helps manage rising groundwater levels.

VIS1

To encourage the provision of suitable amenities to meet the needs of

visitors to the City.


VIS2

To seek the retention of existing hotel and hostels, and to encourage new

ones; change of use from existing facilities will be granted only if

suitable alternative accommodation is provided. New development will

be resisted where it would prejudice the City's primary commercial role

or adversely affect residential amenity.

TRAN15

To seek, where appropriate, the provision of off-street servicing facilities

in such a way as:

i. to ensure that the location and design of vehicular access

and servicing arrangements minimise the adverse effects on the adjoining

highway and pay due regard to the environment and the convenience

and safety of pedestrians;

ii. to ensure that vehicular servicing and servicing access is

avoided on or onto Tier 1-3 roads, except where a practical alternative

cannot be provided; and

iii. to enable vehicles to enter and leave premises in a

forward direction.

TRAN18

To resist the provision of private non-residential parking in excess of the

current planning standards.

TRAN21

To seek the provision and improvement of parking arrangements for

disabled people.

TRAN22

To provide cycle parking facilities by:

i. requiring the provision of private parking space for cycles

in development schemes;

ii. maintaining an adequate overall number of spaces for

cycles in public off-street car parks; and

iii. providing an adequate supply of cycle parking facilities

on-street.

ARC1

To require planning applications which involve excavation or


groundworks on sites of archaeological potential to be accompanied by

an archaeological assessment and evaluation of the site including the

impact of the proposed development.

ARC2

To require development proposals to preserve in situ, protect and

safeguard important ancient monuments and important archaeological

remains and their settings, and where appropriate, to require the

permanent public display and/or interpretation of the monument or

remains.

ARC3

To ensure the proper investigation, recording of sites, and publication of

the results, by an approved organisation as an integral part of a

development programme where a development incorporates

archaeological remains or where it is considered that preservation in situ

is not appropriate.

IMP3

To apply conditions and seek planning obligations where they are

necessary and relevant to securing the best use of land and a properly

planned environment.

CS3

To ensure that the City is secure from crime, disorder and terrorism, has

safety systems of transport and is designed and managed to satisfactorily

accommodate large numbers of people, thereby increasing public and

corporate confidence in the City's role as the world's leading

international financial and business centre.

CS7

To ensure that the Eastern Cluster can accommodate a significant growth

in office floorspace and employment, while balancing the

accommodation of tall buildings, transport, public realm and security and

spread the benefits to the surrounding areas of the City.

CS10

To promote a high standard and sustainable design of buildings, streets

and spaces, having regard to their surroundings and the character of the

City and creating an inclusive and attractive environment.


CS11A To maintain and enhance the City's contribution to London's world-class

cultural status and to enable the City's communities to access a range of

arts and cultural experiences, in accordance with the City Corporation's

Destination Strategy.

CS13

To protect and enhance significant City and London views of important

buildings, townscape and skylines, making a substantial contribution to

protecting the overall heritage of the City's landmarks.

CS15

To enable City businesses and residents to make sustainable choices in

their daily activities creating a more sustainable City, adapted to the

changing climate.

CS16

To build on the City's strategic central London position and good

transport infrastructure to further improve the sustainability and

efficiency of travel in, to, from and through the City.

CS20

To improve the quantity and quality of retailing and the retail

environment, promoting the development of the five Principal Shopping

Centres and the linkages between them.

CS8

To regenerate the amenities and environment of the Aldgate area for

businesses, residents, workers, visitors and students, promoting

development and investment.

Committee: Date: Item no. - City of Londondemocracy.cityoflondon.gov.uk/Data/Planning and... ·...

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