mariner house report

							                                                              planning report PDU/0730/02
                                                                                   27 August 2003

                                                                        Mariner House
                                                                           in the City of London
                                                       planning application no. 03-4313AL


Town & Country Planning Act 1990 (as amended); Greater London
Authority Act 1999; Town & Country Planning (Mayor of London) Order
2000 – strategic planning application stage II referral

New office building, approximately 25,000 square metres gross floor area.

Context
1       On 31 March 2003 the Corporation of London consulted the Mayor of London on an
application for planning permission for the above development on a site just south of
Fenchurch Street. This was referred to the Mayor under Category 1C(a) of the Schedule of
the above Order 2000: “Development which comprises or includes the erection of a building in respect
of which one or more of the following conditions is met- (a) the building is more than 25 metres high
and is adjacent to the River Thames. A building is adjacent to the River Thames for the purposes of
paragraph 1(a) - if the building is wholly or partly on a site which falls within an area identified as a
Thames Policy Area in the development plan.”

2        On 3 July 2003 the Mayor considered planning report PDU/0730/01, and
subsequently the Corporation was advised that, “The proposal is consistent with his Economic
Development Strategy and draft London Plan. The development will provide additional office space in
an area defined in the draft London Plan as being suitable for intensive office use, and its visual impact
will be complimentary to adjacent historic buildings in the city cluster and to the skyline and views. The
Mayor expects the developer to mitigate any adverse impacts on public transport capacity by way of
S106 contributions. Transport for London have identified this scheme as being appropriate to
contribute to a transport improvement scheme as part of the joint discussions taking place on the
development of a S106 framework with the Corporation of London. The Mayor would welcome the
provision of construction training initiatives and affordable workspaces.”

3       A copy of the above-mentioned report is attached in Appendix A. The essentials of the
case with regard to the proposal, the site, case history, strategic planning issues and relevant
policies and guidance are as set out therein, unless otherwise stated in this report.

4       On 22 July the Corporation decided that it was minded to grant planning permission
for the application, and on 15 August it advised the Mayor of this decision. Under the
provisions of the Town & Country Planning (Mayor of London) Order 2000 the Mayor may
direct the Corporation to refuse planning permission, and has until 31 August to notify the
Corporation of such a direction. This report sets out the information needed by the Mayor in
deciding whether to direct refusal.



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5     The Mayor of London’s decision this case, and his reasons, will be made available on
the GLA website www.london.gov.uk.

Update
6       The proposal is essentially the same as when it was previously reported to the Mayor.
The Corporation has resolved to grant planning permission subject to a s106 agreement that
includes a contribution of £631,000 towards street enhancements. Part of this contribution
was earmarked to meet Transport for London’s request for funding towards a design a
feasibility study into congestion relief at Tower Hill Station. As the level of trip generation
from the development is relatively small, and can be accommodated within existing spare
capacity at Tower Hill station, TfL does not require a contribution towards considering the
opportunities for congestion relief work in the future. Nevertheless, TfL will closely monitor
trip generation and capacity implications associated with future planning applications within
the catchment of Tower Hill station. TfL is therefore satisfied that the contribution goes fully
into street enhancements.

7       The s106 agreement does not include training initiatives or affordable workspaces as
sought by the LDA. The Corporation did consider this request from the LDA, but decided
that the design and layout of the building did not lend itself to affordable workspaces, and that
such a provision would be hard to justify given the existing planning permission for office
development on this site. The Corporation did not consider that the development was of
sufficient scale to trigger funding for skills training. These arguments are questionable.
However, the non-inclusion of training initiatives and affordable workspaces in the s106
agreement does not represent a fundamental issue in this instance that should prevent the
granting of planning permission for a development that is, on the whole, consistent with the
draft London Plan and the LDA’s Economic Development Strategy.

Legal and financial considerations
8      Under the arrangements set out in article 5 of the Town and Country Planning
(Mayor of London) Order 2000 the Mayor has the power to direct the local planning
authority to refuse permission for a planning application referred to him under article 3 of the
Order. In doing so the Mayor must have regard to the matters set out in article 5(2) of the
Order, including the principle purposes of the Greater London Authority, the effect on health
and sustainable development, national policies and international obligations, regional
planning guidance, and the use of the River Thames. The Mayor may direct refusal if he
considers that to grant permission would be contrary to good strategic planning in Greater
London. If he decides to direct refusal, the Mayor must set out his reasons, and the local
planning authority must issue these with the refusal notice.

9       Should the Mayor direct refusal, he would be the principal party at any subsequent
appeal hearing or public inquiry. Government guidance in Circular 8/93 (‘Award of Costs in
Planning and Other (including Compulsory Purchase Order) Proceedings’) emphasises that parties
usually pay their own expenses arising from an appeal. Following an inquiry caused by a
direction to refuse, costs may be awarded against the Mayor if he has either directed refusal
unreasonably; handled a referral from a planning authority unreasonably; or behaved
unreasonably during the appeal. A major factor in deciding whether the Mayor has acted
unreasonably will be the extent to which he has taken account of established planning policy.




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Conclusion
10       The Mayor raised no strategic planning concerns in his initial comments on the
application, other than measures to be included within the s106 agreement. The
contributions sought by TfL are no longer relevant. While it is disappointing that training
initiatives and/or affordable workspaces have not been incorporated within the s106, this is
not considered a fundamental issue in this instance that should prevent the granting of
planning permission for a development that is, on the whole, consistent with the draft London
Plan and the Economic Development Strategy.




for further information, contact Planning Decisions Unit:
Giles Dolphin, Planning Decisions Manager
020 7983 4271 email giles.dolphin@london.gov.uk
Stewart Murray/Colin Wilson, Team Leader Development Control
020 7983 4493 email stewart.murray@london.gov.uk
Tim Johnstone, Case Officer
020 7983 4095 email tim.johnstone@london.gov.uk




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APPENDIX
A
                                                             planning report PDU/0730/01
                                                                                        3 July 2003

                                                                       Mariner House
                                                                          in the City of London
                                                      planning application no. 03-4313AL


Town & Country Planning Act 1990 (as amended); Greater London
Authority Act 1999; Town & Country Planning (Mayor of London) Order
2000 – strategic planning application stage 1 referral

Demolition of existing and erection of new office building approximately
36m in height and containing 25,000 sqm gross floor area.

Context
1      On 31 March 2003 the Corporation of London consulted the Mayor of London on a
proposal to develop the above site for the above uses. Under the provisions of the Town &
Country Planning (Mayor of London) Order 2000 the Mayor has the same opportunity as
other statutory consultees to comment on the proposal. This report sets out information for
the Mayor’s use in deciding what comments to make.

2        The application is referable under Category 1(a) of the Schedule of the Order 2000:
“Development which comprises or includes the erection of a building in respect of which one or more of
the following conditions is met- (a) the building is more than 25 metres high and is adjacent to the
River Thames. A building is adjacent to the River Thames for the purposes of paragraph 1(a) - if the
building is wholly or partly on a site which falls within and area identified as a Thames Policy in the
development plan.”

3       If the Corporation of London subsequently decides that it is minded to grant
planning permission, it must first allow the Mayor an opportunity to decide whether to
direct the Council to refuse permission.

4      The Mayor of London’s comments on this case will be made available on the GLA
website www.london.gov.uk.

Site description
5.     The site is located just south of Fenchurch street station and is occupied by an 8
storey 1960’s office building. The building accommodates approximately 16,000 sqm of office
floorspace and is seven storeys high across the majority of the site, rising to eight storeys at
the western end. In plan form, the building takes a an “H” shape, which has the effect of
creating private open areas adjacent to Crutched Friars and Pepys Street. Existing basement
car parking is accessed by ramp from Crutched Friars. There is an electricity sub station


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within the site in the north east corner and a landscaped area along the eastern boundary of
the site.

6.      The building is not listed, but a small part of the site along the Pepys Street frontage
falls within the Tower conservation area. The site is not located within a Strategic Viewing
Corridor, but is located within the Thames Policy Area

7.      The site is well served by public transport. It is served by a comprehensive network
of London Bus routes, all of which operate to a high frequency throughout the day and
evening, seven days a week, serving streets close to the site. The network provides direct
links to many key locations within the City and beyond. The site is well situated in relation
to both underground and other rail services. The following stations are within walking
distance of the site: Liverpool Street, Moorgate, Fenchurch Street and London Bridge (Main
Line Rail); Tower Gateway and Bank (Docklands Light Rail); as well as Monument, Bank,
and Tower Hill (London Underground).

Details of the proposal
8.       The proposal includes the provision of a new office building accommodating
approximately 25,000sqm floorspace and will be approximately 36m (eight storeys) in height
at its highest point. It will comprise three sections facing each of the three street frontages
on Pepys Street, Savage Garden and Crutched Friars. The tapering of the site allows an
atrium to bring light in from the east, but narrows to the west.

9.      The section facing Savage Gardens fronts the smallest street scale and is limited to
three storeys in height. The southern end of this section faces south down Savage Gardens
towards the Tower of London and forms the most prominent corner on the site. The main
entrance to the building is located at this corner and is framed by a three storey stone portal.

10.    The other sections facing Pepys Street and Crutched Friars are six and four storeys
respectively in height, but rise to the centre of the proposal to match the eight storey level of
the adjacent Walsingham House. The proposal will be built to the street boundary of the site
on each of the three sides defining the site boundaries and creating a stronger street scene.

Case history
11.     Planning permission was granted in 1988 for the redevelopment of the site for an
office building of approximately 22,300 sqm, being seven storeys in height.

12.    In 1991, conservation area consent was granted for the demolition of the existing
building to allow the development of the 1988 scheme. This followed the designation of the
Tower Conservation Area. The 1988 planning permission and the 1991 conservation area
consent were both renewed in 1993 and 1998 respectively. Each of these consents has now
expired.

Strategic planning issues and relevant policies and guidance
13.    The relevant issues and corresponding policies are as follows:

 Economic development        draft London Plan; London’s Economic Development Strategy
 World city role             draft London Plan
 Urban design                draft London Plan: PPG1

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 Transport                   draft London Plan; the Mayor’s Transport Strategy; PPG13
 Parking                     draft London Plan; the Mayor’s Transport Strategy; PPG13
 Access/equal opportunities draft London Plan
 Tall buildings/views        draft London Plan; RPG3A; Strategic Planning Advice on Tall
   Buildings and Strategic Views in London (LPAC)
 Sustainable development draft London Plan: PPG3; PPG13

Analysis of strategic planning issues
London’s Role as a World City

14.    One of the Mayor’s principal purposes, under section 30 of the GLA Act 1999, is
promoting economic development and wealth creation in the capital. The London
Development Agency’s Economic Development Strategy, issued July 2001, acknowledges
the ever increasing mobility of increasingly global businesses and the impacts on London
that could arise from a reduction in its attractiveness to both new and existing business
investors.

15.    London has a unique role in providing headquarters functions for large UK,
European and global companies. This part of the wider services sector is a crucial element of
London’s economy and fundamental to its World City role. It is especially necessary for
businesses, both UK and global, to have an environment where they can expand. Both rents
and the availability of suitable floorspace will be leading considerations in this. There is
hence a continuing and growing requirement for large premises that are suitable for the
headquarters of large global companies if London is to remain a global business location.

16.     If London is to compete in the global market for housing the World’s largest firms, it
needs a supply of office buildings large enough to accommodate them. At present, the
shortage of such accommodation results in London’s office rents for such primary office
floorspace being amongst the highest in the World with consequential implications for
London’s competitiveness among other global business locations. The proposed demolition
of the existing 1960’s office block and its replacement with high quality flexible office space
that will help meet the needs of contemporary corporate requirements will aid in the
improvement of London’s status as one of the three major world corporate centres.

Developing London’s economy

17.     The Mayor has identified a Central Activities Zone (CAZ) as defined by Map 2B.2 of
the draft London Plan. Policy 2B.1 states that “within the Central Activities Zone, boroughs
should accommodate commercial development associated with business, tourism and retail, subject to
the protection of housing and identified special policy areas. Taking account of local amenity, land use
mix and transport capacity, developments will be expected to maximise plot ratios”.

18.     In developing London’s economy the Mayor will work with boroughs and
stakeholders in the London office market to seek the renovation and renewal of the existing
stock to increase and enhance the quality and flexibility of London’s office market offer, in
line with policies for maximising intensity of development. In line with Policy 3B.3, the
Mayor will resist the net loss of office space in the CAZ and beyond in strategically specified
locations well served by public transport. This is confirmed further by Policy 3B.4, which
states that the Mayor will seek to rejuvenate office based activities in the CAZ in view of
their contribution to the London economy.


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19.    Located within the CAZ, this site and buildings as they currently stand represent an
under-utilised resource that has rightly been considered for intensification and improvement.
The improvement in the quality and flexibility of the proposed modern office accommodation
is complemented by the overall net gain of office floorspace of approximately 9,000 sqm,
both matters being strongly supported by the draft London Plan.

20.    Policy 3B.5 states that within the CAZ, wherever increases in office floorspace are
proposed they should contain a considerable amount of residential floorspace. (proportions
defined in the to-be-completed sub-regional frameworks)

21.     Ideally, the proposed building would also accommodate a proportion of residential
accommodation. The draft London Plan states that in the CAZ, off-site provision of housing
is acceptable. However the sub-regional framework for the Central London area that would
identify where and how this could be provided has not yet been completed. Whilst the lack of
a specific policy direction does not necessarily preclude the possibility of mixed use
development on this site or the potential for off-site provision, it is difficult to justify in this
case. The matter is further complicated by an assessment of the preferred height of a
building on this site. This is expended upon further under “Design and Townscape Impacts”
below, but the point is that the proposed bulk, height and scale of the new building has been
designed to maximise the level of office space on the site whilst minimising the impacts on
strategic views of, for example, the Tower of London, and relating in an acceptable manner
to the existing streetscape, conservation area and nearby listed buildings.

22.     On balance between these considerations and the incomplete policy direction offered
by the sub-regional framework, it is considered that offices are the most appropriate use in
this location.

Design & townscape impacts

23.     Government guidance on the historic environment states that with post-war
architecture, only buildings that are exemplars of particular building types can be statutorily
protected after thirty years (but, exceptionally, ten). Buildings of this period which are listed
for their architectural quality are judged against national rather than local criteria. The
existing building is not of particularly high quality and does not meet the criteria for listing.
For this reason, there are no strategic planning grounds to oppose the building’s demolition.
Although it is located in a conservation area, no objection is raised to its demolition,
although the applicant is required to apply for conservation area consent to undertake this
demolition.

24.     The application is supported by a detailed architectural/design statement which
clearly details the design concept and how the proposed scheme fits into the surrounding
environment. The urban design analysis is very thorough and is supported. The site has
been considered in a strategic viewing context, including the consideration of impacts upon
the Tower of London and Strategic Viewing Corridors. The understated approach in terms
of bulk and scale are supported on this site.

25.     The scheme consists of office use, with active public uses at the ground floor level to
animate the street, particularly at the main entrance. Active frontages would increase public
safety, and should help to keep the area vibrant and support the new services.




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26.     The proposed scheme creates a high quality piece of townscape on what is currently
an underutilised, outdated office space. The scheme meets most of the relevant urban design
criteria, by improving linkages, creating active frontages, addressing corners and key axis’.

27.     The development will create a new 8-storey office building. The proposed building is
relates well to its neighbours with the silhouette of the building. The stepping of the upper
levels creates an interesting composition, which enhances the skyline. The main
entranceway is orientated towards the Tower of London. This should help create a feeling
of arrival/destination and sense of place/identity at this location.

28.     The positioning of the atrium space makes the most of natural sunlight and creates a
feeling of openness and light. As there is frontage on two sides, the atrium space benefits
from a buffer from the noise and pollution from the streets.

29.     The block style approach form of the building responds to the natural geometries of
the site. The architectural style is contemporary and from the details submitted it would
appear that the building specification would be to a high standard. The composition of the
buildings and from the CAD images, it would indicate that the architectural style and
standard meets the aspirations of the Mayor and the Borough.

30.     The Art and Lighting Strategy is a key part of bringing the concept alive and
elevating it to the standard that should be achieved on all major schemes. The Council
should be involved in the negotiation of these details.

Transportation Impacts

31.    The site is located on the edge of the City and benefits from excellent public
transport accessibilty. The site is located adjacent to Fenchurch Street National Rail station
and within close proximity of Tower Hilll LUL station and Tower Gateway DLR station.
Bus Routes operate along Byward Street and Tower Hill.

32.    TfL’s support for redeveloping the site with a B1 office scheme is dependent on the
developer mitigating any adverse impact of an increase in trip generation on public transport
capacity, providing a level of car parking that reflects the site’s accessibility and making
adeqaute provision for cyclists.

33.    The application proposes developing the site with either 28,394m² or 24,898m²
depending on the provision of a single or double basement. The office floorspace remains
constant at 21,582m². The information submitted in support of the application states that the
existing floorspace is 15,973m². The net increase in B1 floorpsace is therefore assumed to be
a minimum of 5,609m². Based on the draft London Plan forecast density of 1 employee per
16m², it is assumed that the development will attract at least 350 additional staff.

34.    London Underground may be forced to consider the capacity implications of
increasing peak hour trips generated by development proposals within the catchment of
Tower Hill station. The station is spatially contrained, leading to concerns that the existing
gateline capacity, entrance and exit ticket halls, passageways and staircases may need
expanding. LU is therefore reviewing the need to undertake a design and feasibility study
into congestion relief in response to incremental development pressures and their associated
trip generation. As part of a S106 agreement, TfL expects the developer to make an
appropriate contribution towards a design and feasibility study into congestion relief.


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35.     TfL welcomes the proposed levels of car parking. A total of 16 spaces are proposed
for the single basement option and 18 cars for the double basement option. This provision is
below draft London Plan policy requirements. The application also proposes either 34 or 38
motorcycle spaces and 100 or 114 cycle spaces. TfL advises that the cycle facilities should be
increased to 1 space per 125m² , as recommend in the London Cycle Network Desgin
Manual and located in an easily accesse, safe, secure and covered location. These facilities
should also include shower and changing facilities.

Local planning authority’s position
36.     It is understood that officers at the City Corporation will present this application to
their planning committee in early July. At this stage the application is viewed relatively
favourably.

Views of other organisations
37.     The London Development Agency has commented that that the City of London could
consider requiring the developer to provide some affordable workspace in the new building,
and ought to explore the possibility of local construction skills training given the current
skills gap that exists within the construction sector.

Legal considerations
38.    There are no legal issues of relevance to this proposal.

Equal opportunities considerations
39.     Although difficult to assess with any certainty, the main equalities issue at this stage
will be disabled access. Provision of car parking spaces with wide bays should be provided
specifically for disabled parking. Remaining access issues relating to disabled access are
normally dealt with under Part M of the Building Regulations.

Conclusion
40.     It is essential for London to provide for the growing market for global corporate
headquartering in single buildings. This proposal would provide additional office space and
would ease supply in a very tight market for office floorspace of this kind. This new building
is located in an area defined in the draft London Plan as being suitable for a high quality,
flexible office space and the impact on the skyline and views is likely to be minimal. Its local
visual impact will be impressive as it is designed to the highest quality and complimentary to
adjacent historic buildings in the city cluster. For these reasons, it fits squarely within the
Mayor’s Economic Development Strategy and his draft London Plan in these particular
respects.

41.    The London Development Agency has raised the issue that the project would provide
the opportunity for construction training initiatives and possibly for providing affordable
workspaces. Given the current shortage of construction skills, this is worthy of further
discussion with the applicant and the City Corporation.




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for further information, contact Planning Decisions Unit:
Giles Dolphin, Planning Decisions Manager
020 7983 4271 email giles.dolphin@london.gov.uk
Stewart Murray/Colin Wilson, Team Leader Development Control
020 7983 4493 email stewart.murray@london.gov.uk
Terry Natt, Case Officer
020 7983 6590 email terry.natt@london.gov.uk




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