Agenda item

2008/1991 - Demolition of existing three buildings and redevelopment of the site to erect a part 8, part 14 and part 17 storey building and a part 11, part 12 storey building to provide for student accommodation (661 rooms), Class C1 hotel (230 rooms), Class B1 use (6.916 sq m GEA), along with disabled car parking, access, landscaping and associated works.

 

14.1  The Planning Officer introduced the report, as set out within the agenda.  A model of the proposed development was displayed for Members’ information.

 

14.2  The Planning Officer referred to the addendum which set out additional information regarding TfL contributions, sustainability, roof plant, community policing facilities, policy comments and Invest in Hackney.

 

14.3  Concern was raised regarding the loss of employment space and wished to clarify whether this was a departure from the London Plan.  The Planning Officer explained that the Plan encouraged a varied mix of employment space and that the proposed development provided flexible, high quality work space, which supported local businesses.

 

14.4  Concern was also raised regarding the student element of the proposal, especially around the Hoxton area and also the issues surrounding sewerage and the water supply, highlighted on pages 534/535 of the agenda.  In response, the Planning Officer stated that they had consulted with Thames Water and that the issues raised were covered by condition.

 

14.5  In response to a query regarding the perceived rents charges for the student accommodation, it was explained that the rental side of the development would be managed by a separate provider and so the figures were unknown at present.

 

14.6  The Sub-Committee requested that the same architect be used throughout the scheme and that this be added as an additional clause to the S106 agreement.  This was AGREED.

 

14.7  The Chair asked whether rain water harvesting was included within the scheme and the applicant stated that he would be happy to work through the technical issues so that this could be provided.  The Chair requested that this be added as an additional condition.  This was AGREED.

 

14.8  Discussion took place regarding the issue surrounding the suggested contribution towards public realm improvements at Old Street roundabout from TfL, in which the Council did not approve of.  It was explained that the planning department were in discussions with TfL regarding the proposed improvement plans and that details had yet to be finalised.  The various options were discussed, including the suggestion to collect the contribution in trust for TfL and that terms and conditions be set out to determine what the contribution be spent on.

 

14.9  Following discussion, Members requested that this matter be delegated to the Head of Development, Chair and Vice-Chair of the Sub-Committee, to negotiate the clause under the S106 agreement with the developer, regarding the TfL contribution.  This was AGREED.

 

14.10  The Planning Officer referred to the community policing facilities at the ground floor, which were being provided at a peppercorn rent for a period of 25 years.  He added that the developer had stated that it was their intention to provide the policing facilities through the deal with the Shoreditch Trust and that consequently, the duration of the rent should be reduced to 10 years, in line with this deal.  The Principal Solicitor explained that the revised condition should also reflect the fact that the facility should be a useable workspace and connected to all of the amenities of the building.  This was AGREED.

 

Unanimously RESOLVED that:-

 

 

1.  SCB0 – Development in accordance with plans

The development hereby permitted shall only be carried out and completed strictly in accordance with the submitted plans hereby approved and any subsequent approval of details.

 

REASON: To ensure that the development hereby permitted is carried out in full accordance with the plans hereby approved.

 

2.  SCB1 - Commencement within three years

The development hereby permitted must be begun not later than three years after the date of this permission.

 

REASON: In order to comply with the provisions of Section 91(1) of the Town and Country Planning Act 1990 as amended.

 

3.  NSC – Materials as approved

All external finishes, including ground surface treatment, shall be completed as detailed in the materials schedule and drawings contained within the following document: Planning Application Supplementary Information (proposed materials) Issue 1b which is dated 06.03.09, unless otherwise agreed in writing by the Local Planning Authority.

 

REASON: To secure the satisfactory development of the site in terms of visual appearance.

 

4.  NSC – Landscaping details to be approved

A hard and soft landscaping scheme illustrated on detailed drawings shall be submitted to and approved by the Local Planning Authority, in writing, before any work commences on site, all landscaping in accordance with the scheme, when approved, shall be carried out within a period of twelve months from the date on which the development of the site commences or shall be carried out in the first planting (and seeding) season following completion of the development, and shall be maintained to the satisfaction of the Local Planning Authority for a period of ten years, such maintenance to include the replacement of any plants that die, or are severely damaged, seriously diseased, or removed. 

 

REASON: To accord with the requirements of Section 197(a) of the Town and Country Planning Act 1990 and to provide reasonable environmental standards in the interests of the appearance of the site and area.

 

5.  NSC – Green roofs

A bio diverse, substrate-based extensive green roof (75mm minimum depth) should be established on the roof of the proposal as shown on the approved plans. Full details thereof shall be submitted and approved in writing by the local planning authority, prior to occupation. The development shall not be carried out otherwise than in accordance with the details thus approved. 

 

REASON: To enhance the character and ecology of the development, to provide undisturbed refuges for wildlife, to promote sustainable urban drainage and to enhance the performance and efficiency of the proposed building.

 

6.  NCS – Lighting Strategy

A detailed lighting strategy shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of development. All lighting to be affixed to the building to be in accordance with the approved lighting strategy unless otherwise agreed in writing by the Local Planning Authority.

 

REASON: To ensure that the external appearance of the building is satisfactory and does not detract from the character and visual amenity of the area.

 

7.  SCM9 - No extraneous pipework

No soil stacks, soil vent pipes, flues, ductwork or any other pipework shall be fixed to the elevations of the building other than as shown on the drawings hereby approved.

 

REASON: To ensure that the external appearance of the building is satisfactory and does not detract from the character and visual amenity of the area.

 

8.  SCI4 – Roof plant (Details to be approved)

Full details of all the roof plant enclosures (plans, sections, front and rear elevations, etc.) shall be submitted to and approved in writing by the Local Planning Authority prior to the installation of any roof plant. The development shall not be carried out otherwise than in accordance with the details thus approved.

 

  REASON: To safeguard the appearance of the property.

 

9.  SCI5 – No Open Storage

No good, merchandise, material and no boxes, crates, drums, refuse or other waste matter shall be placed or stored on the site otherwise than within a building.

 

  REASON: To safeguard the appearance of the area.

 

10.  SCD1 - Level access

A level access shall be provided before the use is first commenced.

 

REASON: In order to ensure that people with disabilities are able to gain proper access to the development.

 

11.  SCD2 – Provision of access and facilities

All provisions and facilities to be made for people with disabilities as shown on the plans and details hereby approved shall be implemented in full to the   satisfaction of the Local Planning Authority before the use is first commenced.

 

  REASON: In order to ensure that access and facilities for people with disabilities are provided in order to ensure that they may make full use of the   development.

 

12.  SCH8 – Parking for people with disabilities

No part of the development shall be occupied until six (6) car parking spaces shall be marked out for use by persons with disabilities and retained permanently for use by the vehicles of people with disabilities.

 

REASON: In order to ensure that a reasonable number of parking spaces are located conveniently for use by people with disabilities.

 

13.  NSC – Additional bicycle parking

Development shall not commence until details of the location and design of 6 additional bicycle parking stands have been submitted to and approved in writing by the Local Planning Authority.  The bicycle stands as approved shall be provided prior to the occupation of the development and permanently retained on the site, unless otherwise agreed in writing by the Local Planning Authority.

 

REASON: To ensure that a reasonable provision is made within the site for the parking of bicycles in the interests of discouraging car use, relieving congestion in surrounding streets and improving highway conditions in general.

 

14.  SCH10 – Secure bicycle parking

The provision of secure cycle space shall be made available within the building for the secure parking of 379 bicycles, as shown on the plans hereby approved, before the first occupation of the development. The secure parking as approved shall be permanently retained on the site.

 

REASON: To ensure that a reasonable provision is made within the site for the parking of bicycles in the interests of discouraging car use, relieving congestion in surrounding streets and improving highway conditions in general.

 

15.  SCH11 - Adequate visibility

Adequate visibility shall be provided to the highway within the application site above a height of one metre from footpath level for a distance of three metres on both sides of the permitted points of vehicular access, in accordance with details to be approved by the Local Planning Authority before any work on the site is commenced, and be so maintained.

  REASON: To provide a suitable standard of visibility to and from the highway and to ensure that the use of the access does not prejudice the free flow of traffic and conditions of general safety along the neighbouring highway.

 

16.  SCH14 – Closure of existing accesses

The existing access(es) to the site shall be closed permanently when the use of the new access(es) shown on the plans hereby approved is/are provided and in use.

 

REASON: To confine access to the permitted point(s) in order to ensure that the development does not prejudice the free flow of traffic and conditions of general safety along the neighbouring highway.

 

17.  SCH15 – Access only as approved

  Vehicular access to the site shall be only via the permitted access.

 

REASON: In order to confine access to the permitted point(s) to ensure that the development does not prejudice the free flow of traffic and conditions of general safety along the neighbouring highway.

 

18.  NSC – Sound insulation

(i)  The building shall be constructed so as to provide sound insulation (for student accommodation) against external noise, to achieve levels not exceeding 30dB LAeq (night) and 45dB LAmax (measured with F time-weighting) for bedrooms, 35dB LAeq (day) for other habitable rooms, with windows shut and other means of ventilation provided. Details of ventilation to be approved by the local planning authority before installation.

(ii)  Development shall not commence until details of a sound insulation scheme complying with paragraph (i) of this condition have been submitted to and approved in writing by the local planning authority.

(iii)  The development shall not be occupied until the sound insulation scheme approved pursuant to paragraph (ii) of this condition has been implemented in its entirety. Thereafter, the sound insulation scheme shall be maintained in perpetuity.

REASON: In order to minimise the transmission of noise and vibration between and within units in the interests of providing satisfactory accommodation.

 

19.  NSC – Plant noise

(i)  The rating level of the noise emitted from fixed plant and from the premises on the site shall be 10dB below the existing background level at any time. The noise levels shall be determined at the façade of any noise sensitive property. The measurements and assessments shall be made by a suitably qualified acoustic consultant according to BS4142:1997.

(ii)  Development shall not commence until details of the scheme complying with paragraph (i) of this condition have been submitted to and approved in writing by the local planning authority.

(iii)  The development shall not be occupied until the scheme approved pursuant to paragraph (ii) of this condition has been implemented in its entirety. Thereafter, the scheme shall be maintained in perpetuity.

 

REASON: In order to minimise the transmission of noise and vibration between and within units in the interests of providing satisfactory accommodation.

 

20.  NSC – Sound insulation between residential and commercial uses

Development shall not commence until full written details, including relevant drawings and specifications, of the proposed works of sound insulation against airborne noise to meet D'_nT,w + C_tr dB of not less than 55 between the ground floor and first floor, where residential parties non domestic use, shall be submitted to and approved in writing by the local planning authority. The use hereby permitted shall not commence until the sound insulation works have been implemented in accordance with the approved details. The sound insulation shall be retained permanently with the approved details.

REASON: In order to minimise the transmission of noise and vibration between and within units in the interests of providing satisfactory accommodation.

 

21.  NSC – Drainage strategy

Development shall not commence until a drainage strategy detailing any on and/or off site drainage works, has been submitted to and approved by, the local planning authority, in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed.

 

REASON: The development may lead to sewerage flooding; to ensure that sufficient capacity is made available to cope with the new development and in order to avoid adverse environmental impact upon the community. 

 

22.  NSC – Water supply

Development should not be commenced until: Impact studies of the existing water supply infrastructure have been submitted to and approved in writing by the local planning authority (in consultation with Thames Water). The studies should determine the magnitude of any new additional capacity required in the system and a suitable connection point.

 

REASON: To ensure that the water supply infrastructure has sufficient capacity to cope with the/this additional demand.

 

23.  NSC – Water efficiency

Prior to the commencement of development, details shall be submitted to, and approved in writing by the Local Planning Authority, to show how all residential units in the development will meet water efficiency standards.  Development shall proceed in accordance with the approved water efficiency plan.

 

REASON: The development is located in an area of serious water stress as designated by Department for Environment, Food and Rural Affairs.  This condition is required to ensure water is uses wisely and no additional burden is placed on the existing resources.  This condition is supported by the London Plan, Policy 4A.11 Water Supplies.  A maximum water target of 105 litres per person per day should be applied in line with Level 3 in the Code for Sustainable Homes.

 

24.  Photovoltaic Panels

Prior to the commencement of the development, detailed drawings showing a minimum of 75sqm of photovoltaic panels shall be submitted to and approved by the Local Planning Authority and the development completed in accordance with the approved plans.

 

REASON: To ensure that the development contributes towards the mitigation of climate change and complies with London Plan Policy 4A.7. 

 

25.  NSC – CHP Plant

Prior to the occupation of any part of the development to provide the environmental sustainability features outlined in the Environmental Performance Statement and Assessment of Energy Demand and Carbon Emissions. This shall include the installation of CHP plant of at least 290kWE capacity.

 

REASON: To ensure that the development contributes towards the mitigation of climate change and complies with London Plan Policy 4A.7.

 

26.  Rain water harvesting ………………

 

 

1.  Leasing of the ground floor office space (excluding any floorspace required to provide community policing facilities see section 8.2.11) to the Shoreditch Trust or other affordable workspace provider as agreed in writing by the LPA for ten years at £1 pound per sq ft per annum as affordable workspace accommodation. 

 

2.  The provision of three floors of the commercial floorspace (approximately 12,000 sq ft) to be leased to a Business Space Provider or other business space provider as agreed in writing by the LPA to lease the space to various end users. This would allow flexibility to provide units in a range of sizes to suit various needs. This offer is for a period of 10 years.

 

3.  Affordable workspace to be built to shell and core and fitted out prior to the occupation of the hotel and student accommodation and prior to the remaining commercial element being let, leased or sold.

 

4.  Provision for the employment within the hotel, once it has commenced operations, of persons within a defined and ongoing training scheme to be carried out in perpetuity and reserved for residents of the borough, to number no fewer than ten new starters annually.

 

5.  Commercial element to be built to shell and core in advance of the occupation of the student units and hotel to bring forward the strategic priorities of the site within the context of its designation within a Defined Employment Area.

 

6.  The student accommodation is to be used at all times as a single planning unit and no part of the student accommodation shall at any time be used as separate, independent self-contained dwelling units; and no part of the student accommodation shall be sold, leased, licensed or otherwise disposed of in any form as a separate unit of use or occupation.

 

7.  The living accommodation shall be used and occupied solely in association with and by full-time students of the following institutions: the University of London, University of East London, University of Westminster, London Guildhall University, City University, South BankUniversity, University of the Arts London or any alternative establishment to be agreed by the Council.

 

8.  Provision of emergency and twenty four hour contact details for members of the public to address any issues arising from anti-social behaviour.

 

9.  Student Accommodation Management Plan.

 

10.  Secure adoption of the ANUK Code of Standards for Larger Developments for student accommodation not managed or controlled by educational establishments. 

 

11.  Appropriate policing facilities, to be agreed with the Metropolitan Police Authority (MPA) prior to the commencement of development. Floorspace will be required to shell and core fitting and at a peppercorn rent for a period of 10 years or otherwise as agreed with the MPA and be located at ground floor.  Policing facilities as agreed with the MPA to be provided prior to the occupation of the development.

 

12.  Best endeavours to achieve ‘Secured by Design’ certification.

 

13.  The disabled car spaces are managed so that they are only available for disabled persons.

 

14.  The owner shall be required to enter into agreement under Section 278 of the Highways Act to pay the Council to reinstate and improve the footway adjacent to the boundary of the site, and include if required, any access to the Highway, measures for street furniture relocation, carriageway markings, access and visibility safety requirements.  Unavoidable works required to be undertaken by Statutory Services will not be included in LBH Estimate or Payment. The s278 Highway works are estimated at £116,200 (refer to attachment).

 

15.  The owner must provide a Travel Plan (for the residential, hotel and employment use) to be agreed by the Council’s Transportation Officer, towards achieving sustainable travel targets, including the services of a Travel Plan Coordinator. The Travel Plan must be in place by the first year of occupancy and the developer must monitor yearly for 5 years.

 

16.  The use of car clubs is considered to be an effective measure in refuse dependence on the private car for travel and LBH Transportation recommends this a travel plan measure. Installation of parking bays for Car Club use on LBH adopted highways should be funded by the applicant. The cost of installing 2 no. car club bays on street is approx. £18,000 (£9,000/car club bay). The final cost of installing the car club bays to be agreed prior to installation.

 

17.  The development trip generation associated with the proposal is expected to be non-car modes i.e. walking, cycling and public transport, given the high accessibility level of the site and that the site is located within a CPZ and close to the London CCZ. An s.106 contribution towards sustainable transport initiatives in the area is required on the basis that the site will generate a considerable increase in walking and cycling trips in the surrounding streets. The s.106 sustainable transport contributions will be put towards, but not restricted to, accessibility improvements schemes in the area [including much needed footway improvements in Corsham Street], street-lighting, improving links to the walking and cycle network in the area, increased cycle parking on the public highway for visitors, public realm improvements, installation of on-street car club bays, etc. An s106 contribution of £58,750 towards sustainable travel/ walking and cycling improvements in the area is sought.

 

18.  To ensure that prior to occupying any of the residential units (which for the avoidance of doubt includes the Car Capped Units) within the Development each new resident of such unit is informed by the Owner of the Council's policy that they shall not be entitled (unless they are the holder of a Disabled Persons Badge issued pursuant to Section 21 of the Chronically Sick and Disabled Persons Act 1970) to be granted a Residents Parking Permit and will not be able to buy a contract to park within any car park owned or controlled by the Council unless the Resident’s Parking Permit is for an electrically powered vehicle.

 

19.  Transport for London has requested a monetary contribution in order to mitigate the impact of the development on the bus network. The monetary contribution to be agreed with TfL and paid to them prior to the commencement of development.

 

20.  TfL have requested a monetary contribution towards public realm improvements at the Old Street Roundabout scheme. The monetary contribution to be agreed with TfL and paid to them prior to the commencement of development.

 

(revised wording - that this matter be delegated to the Head of Development, Chair and Vice-Chair of the Sub-Committee, to negotiate the clause under the S106 agreement with the developer, regarding the TfL contribution………)

 

21.  Demolition and Construction Management Plan to be submitted at least 6 weeks prior to the commencement of works on site. The Demolition and Construction Management Plan shall include the following: Demolition Method Statement; Construction Method Statement; Construction Traffic Management Plan; Environmental Management Plan; and Site Waste Management Plan. 

 

22.  Delivery and Servicing Plan.

 

23.  The proposed development would therefore require a contribution of £22,708.80 for Library Facilities.

 

24.  Construction Industry and Removing Barriers to Work: Appendix 1 (page 65) includes the relevant section 106 agreement clauses with regard to Local Labour in Construction while the Local Training in Construction formula can be found on page 66.

 

25.  Removing Barriers to Work: provision for the use of local labour for construction of the development in the form of 25% on-site employment, including the facilitation of apprentices and adult improvers for a defined period.

 

26.  The Developer will, through a environmental management system, provide monitoring information in relation to the Development to the Local Planning authority on the first anniversary of the occupation of the site with respect to:

(a) energy consumption;

(b) air quality;

(c) waste generation and recycling;

(d) water use;

(e) biodiversity; and

(f) percentage of energy requirements resourced from Renewable Energy.

 

27.  The employment floorspace, hotel and student accommodation to be built to BREEAM standards and achieve a ‘very good’ rating.

 

28.  A contribution of £6,730.56 towards open space within close proximity to the site and for its maintenance and upkeep. This has been calculated under the formula in Appendix 1 (pages 68-70) of the SPD. 

 

29.  Payment by the landowner/developer of all the Council’s legal and other relevant fees, disbursements and Value Added Tax in respect of the proposed negotiations and completion of the proposed Section 106 Agreement.

 

30.  Same architect ………………

 

REASONS FOR APPROVAL

 

  The following policies contained in the Hackney Unitary Development Plan 1995 are relevant to the approved development/use and were considered by this Council in reaching the decision to grant planning permission:

 

  EQ1 Development Requirements, EQ40 Noise Control, EQ41 Development Close to Existing Sources of Noise, EQ42 Air Pollution, EQ48 Designing Out Crime, H03 Other Sites for Housing, E12 Office Development, E14 Access and Facilities for People with Disabilities, E15 Training, E18 Planning Standards, TR19 Parking standards, ACE7 Hotel Development, ACE8 Planning Standards, SPG1 New Residential Development, SPG6 Hotels, SPG11 Access for People with Disabilities, SPD Planning Contributions.

 

  The following policies contained in the London Plan (Consolidated with alterations since 2004) are relevant to the approved development/use and were considered by this Council in reaching the decision to grant planning permission: 2A.1 Sustainability Criteria, 2A.2 The spatial strategy for development, 2A.3 London’s Sub-Regions, 2A.4 The Central Activities Zone, 2A.5 Opportunity Areas, 2A.6 Areas for Intensification, 3A.3 Maximising the Potential of Sites, 3A.5 Housing Choice, 3A.6 Quality of New Housing Provision, 3A.8 Definition of Affordable Housing, 3A.13 Special Needs and Specialist Housing, 3A.17 Addressing the needs of London’s Diverse Population, 3A.25 Higher and Further Accommodation, 3B.1 Developing London’s Economy, 3B.2 Office demand and supply, 3B.3 Mixed use development, 3B.8 Creative Industries, 3B.11 Improving employment opportunities for Londoners, 3C.1 Integrating transport and development,  3C.2 Matching development to transport capacity, 3C.3 Sustainable Transport in London, 3C.4 Land for Transport, 3C.9 Increasing the capacity, quality and integration of public transport to meet London’s needs, 3C.11 Phasing of Transport Infrastructure Provision and Improvements, 3C.17 Tackling congestion and reducing traffic, 3C.18 Allocation of street space, 3C.19 Local transport and public realm enhancements, 3C.20 Improving Conditions for Buses, 3C.21   Improving Conditions for Walking, 3C.22 Improving Conditions for Cycling, 3C.23 Parking strategy, 3D.7 Visitor Accommodation and Facilities, 4A.1 Tackling climate change, 4A.2 Mitigating climate change, 4A.3 Sustainable design and construction, 4A.4 Energy assessment, 4A.5 Provision of Heating and Cooling Networks, 4A.6 Decentralised Energy: Heating, Cooling and Power, 4A.7 Renewable Energy, 4A.8 Hydrogen Economy, 4A.9 Adaptation to Climate Change, 4A.10 Overheating, 4A.11 Living Roofs and Walls, 4A.12 Flooding, 4A.13 Flood Risk Management, 4A.14 Sustainable Drainage, 4A.15 Rising Groundwater, 4A.16 Water Supplies and Resources, 4A.17 Water Quality, 4A.18 Water and Sewerage Infrastructure, 4A.19 Improving air quality, 4A.33 Bringing contaminated land into beneficial use, 4B.1 Design principles for a compact city, 4B.2 Promoting World Class Architecture and Design, 4B.3 Enhancing the quality of the public realm, 4B.5 Creating an inclusive environment, 4B.8 Respect Local Context and Communities, 4B.9 Tall Buildings – Location, 4B.10 Large scale buildings – design and impact, 4B.16 London View Management Framework, 4B.18 Assessing Development Impact on Designated Views, 5A.1 Sub-Regional Implementation Frameworks, 5C.1 The Strategic Priorities for North East London, 5C.3 Opportunity Areas in North East London, 5G.1 The Indicative CAZ Boundary, 5G.2 Strategic Priorities for the Central Activities Zone, 5G.3 Central Activities: Offices, 5G.5 Predominantly Local Activities in the Central Activities Zone, SPG Industrial Capacity, SPG View Management Framework, SPG Accessible London: achieving an inclusive environment, SPG Land for Transport Functions, SPG Sustainable Design and Construction, SPG Planning for Equality and Diversity in London, BPG Wheelchair Accessible Housing, Mayor’s Economic Development Strategy, Mayor’s Transport Strategy, Sub-Regional Development Framework – East London.

 

INFORMATIVES

 

The following Informatives should be added:

 

SI.1   Building Control

SI.2   Work Affecting Public Highway

SI.3   Sanitary, Ventilation and Drainage Arrangements

SI.6   Control of Pollution (Clean Air, Noise, etc.)

SI.7   Hours of Building Works

SI.24   Naming and Numbering

   SI.25   Disabled Person’s Provisions

   SI.27   Fire Precautions Act

SI.28   Refuse Storage and Disposal Arrangements

SI.32  Consultation with Thames Water

SI.34   Landscaping

SI.45  The Construction (Design & Management) Regulations 1994

SI.48  Soundproofing

SI.50  S106 Agreement