Proposal:

Mixed-use development in a part 6, part 8 and part 9 storeys block with lower ground floor comprising 57 serviced apartments (Use Class C1) on the upper floors and 1,115sqm of office floorspace (Use Class B1) at basement, ground and first floor and a 103 sqm of flexible retail/financial services/restaurant/cafe/drinking establishment floorspace (Use Class A1, A2, A3, A4 and A5) at ground floor level.

Recommendation:

That the Committee resolves to GRANT planning permission subject to the prior completion of a legal agreement to secure planning obligations, and conditions and informatives as set out in the Committee report.

Update report tabled.

Paul Buckenham (Development Control Manager, Development and Renewal) introduced the application for the mixed-use development in a part 6, part 8 and part 9 storeys block with lower ground floor comprising 57 serviced apartments on the upper floors and 1,115sqm of office floorspace at basement, and retail/financial services/restaurant/cafe/drinking establishment floorspace.

It was noted that the application was previously considered by the Committee on 24^th August 2016 and Members were minded to refuse the application. Due to the scale of the change that had been made to the application to address the Committee concerns, the application was being brought back to the Committee afresh as required by the Council’s Development Committee procedure rules where material changes have been made to a deferred application.

The Chair invited registered speakers to address the Committee.

Dr. David O’Neil and Dr. Maria Salichou (Londinium Tower) addressed the Committee in opposition to the application. The speakers felt that their concerns about the August application had not been addressed. They objected to the impact of the nine storey Mansell Street element on the historic setting on the area. The proposal would reduce views of the listed church. They also objected to the impact that the height and close separation distances would have on neighbouring amenity. As a result, the plans would result in a loss of light to properties at Londinium Tower, particularly during the winter months, a loss of privacy and overlooking into habitable rooms. To address the concerns the height of the proposal should be reduced. In response to questions they discussed the consultation process, the construction impact and requested that the height should be reduced to minimise the development’s impact.

The applicant’s representatives, Simon Smith and Oliver Law  spoke in favour of the application referring to the three previous reasons for refusing the application (set out in the officers report). The application, that primarily concerned the Mansell Street extension, had been significantly amended to address the concerns. The height had been reduced so that there would now only be a single storey step up from the existing building and the proposal would be lower than the church spire. The sunlight/daylight assessment had been reassessed and the Committee report had been updated to record that all of the windows passed the BRE tests in respect of sunlight levels. Only three representations had been received. The design would safeguard privacy and there would be contributions to mitigate any impact from the plans. In response to questions from Members, they confirmed the results of the sunlight and daylight testing. A small number of windows would experience a loss of light, but generally the neighbouring windows would continue to receive adequate levels of light and the compliance levels were quite typical for an urban setting. Furthermore, while the separation distances just fell short of the policy requirements, they were sufficient to maintain privacy and there would also be mitigation to safeguard privacy.

Beth Eite (Planning Services) presented the Committee report. The Committee were advised of the site location and the site designation in policy and the previously consented permission in respect of 31-33 Prescot Street. The Committee were minded to refuse the previously submitted application at its meeting in August 2016 due to concerns over the following issues

·                     The adverse impact on the setting of the grade II listed Church and 30 Prescot Street

·                     The adverse impact on the residents of Londinium Tower particularly in terms of access to sunlight and daylight.

·                     Insufficient evidence to demonstrate that the proposed serviced apartments use would assist in meeting the targets in the London Plan and LBTH Core Strategy.

Since that time the application had been revised to reduce the number of stories by two floors, improving the relationship with the grade 11 listed church. It now sat below the church spire. As a result it would preserve the setting of the area.

Turning to the amenity impacts, Ms Eite drew attention to the outcome of the revised assessment as set out in the Committee report and the update report.  Overall, the changes had resulted in a reduction in the number of windows failing the policy tests and a reduction in the degree of impact. So the proposals were not considered to be harmful to neighbouring amenity. In terms of overlooking, the narrowest separation distance fell marginally short of the minimum requirement of 18 metres in policy. As a result, it was not considered that this would have an unacceptable impact on privacy. Regarding the supply of short stay accommodation, there was no upper limit on the supply of such accommodation in the Council’s Local Plan. In fact policy promoted the provision of visitor accommodation and there was no suggestion that the Council should refrain from granting new consent.

Officers continued to consider that the application was acceptable so should be granted permission.

The Committee asked questions about the impact on the setting of the listed church as viewed from the northern side of the development and Officers considered that given the separation distance, that the relationship would be acceptable.  Officers also answered questions about the waste management arrangements and provided assurances about the condition in respect of this.

On a vote of 6 in favour, 2 against and 0 abstentions, the Committee RESOLVED:

1.            That planning permission be GRANTED at 99 Mansell Street & 31-33 Prescot Street, London E1 for mixed-use development in a part 6, part 8 and part 9 storeys block with lower ground floor comprising 57 serviced apartments  (Use Class C1)  on the upper floors and 1,115sqm of office floorspace (Use Class B1) at basement, ground and first floor and a 103 sqm of flexible retail/financial services/restaurant/cafe/drinking establishment floorspace (Use Class A1, A2, A3, A4 and A5) at ground floor level. (PA/16/00757) subject to:

2.            The prior completion of a legal agreement to secure the planning obligations in the Committee report.

3.            That the Corporate Director Development & Renewal is delegated power to negotiate the legal agreement indicated above acting within normal delegated authority.

4.            That the Corporate Director Development & Renewal is delegated authority to recommend the conditions and informatives in relation to the matters set out in the Committee report.

5.            Any other conditions(s) considered necessary by the Corporate Director Development & Renewal.

6.            That, if within 3 months of the date of this committee the legal agreement has not been completed, the Corporate Director Development & Renewal is delegated power to refuse planning consent.