Agenda item
40 Marsh Wall (PA/10/1049)
Decision:
Update Report Tabled
The Committee considered an amendment to condition (f) of the Legal Agreement requesting that the heading be changed to ‘Youth Community and Arts’. This amendment was carried.
Subject to this amendment
On a vote of 5 for and 1 against with 1 abstention the Committee RESOLVED
1. That planning permission at 40 Marsh Wall for demolition of existing office building and erection of a 38 storey building (equivalent of 39 storeys on Manilla Street) with a three-level basement, comprising a 305 bedroom hotel (Use Class C1) with associated ancillary hotel facilities including restaurants (Use Class A3), leisure facilities (Use Class D2) and conference facilities (Use Class D1); serviced offices (Use Class B1); public open space, together with the formation of a coach and taxi drop-off point on Marsh Wall for be GRANTED subject to:
A. Any direction by The Mayor
B. The prior completion of a legal agreement, to the satisfaction of the Chief Legal Officer, to secure the following:
Financial Contributions:
a) Employment & Training – Provide £597,608 towards improving access to employment and training for local residents including Skillsmatch, and toward the Enterprise Team including local business support and supply chains;
b) Transport Infrastructure Improvements - £722,627 comprising:
- £424,627 towards Crossrail;
- £150,000 towards footway and carriageway reconstruction beyond the immediate environs of the site;
- £75,000 towards Mastmaker Road/Marsh Wall junction improvements;
- £20,000 towards the provision of TfL DAISY information boards;
- £50,000 towards the re-provision of bus stop; and
- £3,000 towards the funding of Workplace Travel Plan monitoring;
c) Public Art - Provide £35,000 towards public art within the local area. This is in line with contributions secured in the Millennium Quarter;
d) Tourism and Olympic Signage - Provide £1,400 towards the Thames Path National Trail;
e) Open Space Provision – £40,260;
f) Youth Community and Arts. - £100,000;
g) Olympic volunteering programme - £30,000;
h) Tower Hamlets leisure marketing and promotion - £108,000; and
i) Tower Hamlets business tourism marketing programme - £30,250.
Non-Financial Contributions:
a) Car-free agreement;
b) TV reception monitoring;
c) Publicly accessible open space – To maintain access across the new public realm ;
d) Code of Construction Practice - To mitigate against environmental impacts of construction;
e) Access to Employment - To promote employment of local people during and post construction, including an employment and training strategy;
f) Social Compact Obligation to Commit Skills - To provide training and skills development for local secondary school children, apprenticeships and developing employment linkages with the community for the duration of occupancy at the site;
g) Servicing Management Plan – To ensure servicing is undertaken in an appropriate manner;
h) Air quality monitoring during construction;
i) Travel Plan;
j) Relocation of bus stop; and
k) Disabled bay, coach drop off and taxi parking to be provided/maintained.
Total financial contribution: £1,665,145.
2. That the Head of Development Decisions is delegated power to impose conditions [and informatives] on the planning permission to secure the following:
Conditions
1) Permission valid for 3 years;
2) Contamination;
3) Construction Management Plan;
4) Foul and surface water drainage;
5) Monitoring and protection of ground water;
6) Archaeology;
7) Air quality assessment;
8) Movement of freight by water;
9) Evacuation plan;
10) Scheme of necessary highways improvements to be agreed (s278 agreement);
11) Piling and foundations;
12) Landscape management;
13) Ventilation and extraction;
14) Refuse and recycling;
15) Service Management Plan;
16) Black Redstart habitat;
17) Brown roof details;
18) Accessible hotel rooms;
19) Access management plan;
20) Pedestrian audit;
21) Heat network;
22) Materials – samples and details;
23) BREEAM;
24) Relocation of bus stop;
25) Vehicular, cycle and service parking;
26) Timely provision of coach/taxi layby on Marsh Wall;
27) Means of access and egress for people with disabilities;
28) Hours of building works;
29) Hammer driven piling;
30) Noise levels;
31) Vibration;
32) Compliance with the submitted Energy Strategy;
33) Photovoltaic panels;
34) Wheel washing;
35) Servicing and delivery via Manilla Street;
36) Compliance with Flood Risk Assessment;
37) Hotel Use Only;
38) Period of hotel suite occupation no longer than 90 consecutive days;
39) Approved plans; and
40) Any other planning condition(s) considered necessary by the Corporate Director Development & Renewal.
Informatives
1) Section 106 agreement required;
2) Section 278 & 72 Highways agreements required;
3) Contact Thames Water regarding installation of a non-return valve, petrol/oil-interceptors, water efficiency measures and storm flows;
4) Changes to the current licensing exemption on dewatering;
5) Contact London City Airport regarding cranes and scaffolding;
6) Contact LBTH Environmental Health;
7) Contact Environment Agency;
8) Section 61 Agreement (Control of Pollution Act 1974) required;
9) Contact London Fire & Emergency Planning Authority; and
10) Any other informative(s) considered necessary by the Corporate Director Development & Renewal.
3. That the Corporate Director Development & Renewal is delegated power to negotiate the legal agreement indicated above. If by the date nominated in the Planning Performance Agreement the legal agreement has not been completed, the Corporate Director development & Renewal is delegated power to refuse planning permission.
Minutes:
Update Report Tabled.
Mr Owen Whalley (Service Head, Planning and Building Control, Development and Renewal) presented the report regarding 40 Marsh Wall seeking the demolition of the existing building and the erection of a 38 storey hotel with a three level basement, including public open space and a coach and taxi drop of point on Marsh Wall.
Mr Simon Ryan (Deputy Team Leader Development and Renewal) presented the detailed report. Planning permission was refused on 7th May 2010 by this Committee for a similar application (PA/09/1220). Since that time the Applicant had worked to amend the scheme to address the reasons for refusal. Mr Ryan comprehensively addressed the main matters for consideration concerning highways issues, noise impacts, height and scale of the building, the scope of the Section 106 Agreement and the coach and taxi drop arrangements. The Applicant had submitted a satisfactory travel plan designed to mitigate any highway and amenity impacts. Overall it was considered that that the scheme accorded with planning policy.
Officers also presented slides showing the design of the scheme in relation to the area.
In response to the report, members asked questions which were answered by officers regarding the scope of the Section 106 contribution, the adequacy of the off street coach parking and taxi drop off arrangements given the volume of taxis that frequented the area, and its proximity to another large hotel, the impact on nearby residential properties and the height bulk and design of the building.
Councillor Shahid Ali MOVED an amendment to the Section 106 agreement (moving funding from (a) Employment and Training Budget to (f) Community organisation contribution budget) which was seconded by Councillor Anwar Khan. On a vote of 3 for and 4 against the amendment fell.
Councillor Shahid Ali also proposed changes to the servicing proposals, requesting that they use an alternative point. Officers reported that, in finalising the travel plan, they would take on board this suggestion.
Councillor Shahid Ali also MOVED that the Community organisation contribution budget (f) be changed to ‘Youth Community and Arts’. This amendment was carried.
Subject to this amendment
On a vote of 5 for and 1 against with 1 abstention the Committee RESOLVED
1. That planning permission at 40 Marsh Wall for demolition of existing office building and erection of a 38 storey building (equivalent of 39 storeys on Manilla Street) with a three-level basement, comprising a 305 bedroom hotel (Use Class C1) with associated ancillary hotel facilities including restaurants (Use Class A3), leisure facilities (Use Class D2) and conference facilities (Use Class D1); serviced offices (Use Class B1); public open space, together with the formation of a coach and taxi drop-off point on Marsh Wall for be GRANTED subject to:
A. Any direction by The Mayor
B. The prior completion of a legal agreement, to the satisfaction of the Chief Legal Officer, to secure the following:
Financial Contributions:
a) Employment & Training – Provide £597,608 towards improving access to employment and training for local residents including Skillsmatch, and toward the Enterprise Team including local business support and supply chains;
b) Transport Infrastructure Improvements - £722,627 comprising:
- £424,627 towards Crossrail;
- £150,000 towards footway and carriageway reconstruction beyond the immediate environs of the site;
- £75,000 towards Mastmaker Road/Marsh Wall junction improvements;
- £20,000 towards the provision of TfL DAISY information boards;
- £50,000 towards the re-provision of bus stop; and
- £3,000 towards the funding of Workplace Travel Plan monitoring;
c) Public Art - Provide £35,000 towards public art within the local area. This is in line with contributions secured in the Millennium Quarter;
d) Tourism and Olympic Signage - Provide £1,400 towards the Thames Path National Trail;
e) Open Space Provision – £40,260;
f) Youth Community and Arts. - £100,000;
g) Olympic volunteering programme - £30,000;
h) Tower Hamlets leisure marketing and promotion - £108,000; and
i) Tower Hamlets business tourism marketing programme - £30,250.
Non-Financial Contributions:
a) Car-free agreement;
b) TV reception monitoring;
c) Publicly accessible open space – To maintain access across the new public realm ;
d) Code of Construction Practice - To mitigate against environmental impacts of construction;
e) Access to Employment - To promote employment of local people during and post construction, including an employment and training strategy;
f) Social Compact Obligation to Commit Skills - To provide training and skills development for local secondary school children, apprenticeships and developing employment linkages with the community for the duration of occupancy at the site;
g) Servicing Management Plan – To ensure servicing is undertaken in an appropriate manner;
h) Air quality monitoring during construction;
i) Travel Plan;
j) Relocation of bus stop; and
k) Disabled bay, coach drop off and taxi parking to be provided/maintained.
Total financial contribution: £1,665,145.
2. That the Head of Planning and Building Control is delegated power to impose conditions [and informatives] on the planning permission to secure the following:
Conditions
1) Permission valid for 3 years;
2) Contamination;
3) Construction Management Plan;
4) Foul and surface water drainage;
5) Monitoring and protection of ground water;
6) Archaeology;
7) Air quality assessment;
8) Movement of freight by water;
9) Evacuation plan;
10) Scheme of necessary highways improvements to be agreed (s278 agreement);
11) Piling and foundations;
12) Landscape management;
13) Ventilation and extraction;
14) Refuse and recycling;
15) Service Management Plan;
16) Black Redstart habitat;
17) Brown roof details;
18) Accessible hotel rooms;
19) Access management plan;
20) Pedestrian audit;
21) Heat network;
22) Materials – samples and details;
23) BREEAM;
24) Relocation of bus stop;
25) Vehicular, cycle and service parking;
26) Timely provision of coach/taxi layby on Marsh Wall;
27) Means of access and egress for people with disabilities;
28) Hours of building works;
29) Hammer driven piling;
30) Noise levels;
31) Vibration;
32) Compliance with the submitted Energy Strategy;
33) Photovoltaic panels;
34) Wheel washing;
35) Servicing and delivery via Manilla Street;
36) Compliance with Flood Risk Assessment;
37) Hotel Use Only;
38) Period of hotel suite occupation no longer than 90 consecutive days;
39) Approved plans; and
40) Any other planning condition(s) considered necessary by the Corporate Director Development & Renewal.
Informatives
1) Section 106 agreement required;
2) Section 278 & 72 Highways agreements required;
3) Contact Thames Water regarding installation of a non-return valve, petrol/oil-interceptors, water efficiency measures and storm flows;
4) Changes to the current licensing exemption on dewatering;
5) Contact London City Airport regarding cranes and scaffolding;
6) Contact LBTH Environmental Health;
7) Contact Environment Agency;
8) Section 61 Agreement (Control of Pollution Act 1974) required;
9) Contact London Fire & Emergency Planning Authority; and
10) Any other informative(s) considered necessary by the Corporate Director Development & Renewal.
3. That the Corporate Director Development & Renewal is delegated power to negotiate the legal agreement indicated above. If by the date nominated in the Planning Performance Agreement the legal agreement has not been completed, the Corporate Director development & Renewal is delegated power to refuse planning permission.
Supporting documents: