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Planning Service Public Protection Division Environment and Regeneration Department PO Box 3333 222 Upper Street London N1 1YA PLANNING COMMITTEE AGENDA ITEM NO: Date: 11 October 2010 Application number P081009 Application type Full Planning Application Site Address: Jurys Inn, 60 Pentonville Road and 34-41 White Lion Street, Islington, London, N1. Proposal Demolition of existing buildings and structures at 34-41 White Lion Street and erection of a six storey building fronting White Lion Street and linked with the rear of 60 Pentonville Road to provide for 158 additional hotel rooms and conference rooms. Relocation of single storey sub-station together with internal and external alterations to the existing hotel building at 60 Pentonville Road and extension to existing ground floor bar and restaurant. RECOMMENDATION That the Committee resolve to GRANT planning permission as set out in Appendix 1.

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Planning Service Public Protection Division Environment and Regeneration Department PO Box 3333 222 Upper Street London N1 1YA

PLANNING COMMITTEE AGENDA ITEM NO: Date: 11 October 2010 Application number P081009 Application type Full Planning Application Site Address: Jurys Inn, 60 Pentonville Road and 34-41 White Lion Street, Islington,

London, N1.

Proposal Demolition of existing buildings and structures at 34-41 White Lion Street and erection of a six storey building fronting White Lion Street and linked with the rear of 60 Pentonville Road to provide for 158 additional hotel rooms and conference rooms. Relocation of single storey sub-station together with internal and external alterations to the existing hotel building at 60 Pentonville Road and extension to existing ground floor bar and restaurant.

RECOMMENDATION That the Committee resolve to GRANT planning permission as set out in Appendix 1.

INTRODUCTION Site and Surroundings

1. The application site is roughly rectangular in shape, fronts White Lion Street and shares

its western side boundary with Penton Grove; it covers an area approximately equal to 950sqm. Presently the site contains a part single, part 2-storey building used for the retail sale of electrical goods and warehouse / storage purposes. The principal frontage of the building to White Lion Street presents a hostile and formidable front, it displays 2 very large access bays which are gated behind 2 sets of heavy concertina folding metal doors, a small 2-storey brick office component is also situated to this elevation.

2. The site is situated within the Angel Town Centre and therefore is not surprisingly

characterised by a variety of uses. On the whole, however, retail, business and tourism uses comprise the prevailing land-uses pepper-potted with some residential.

3. Referring to the immediate context of the application site; to the west and across Penton

Grove can be found a dominant 6-storey former Victorian Board School which has been converted into the White Lion Youth Centre, to the east and sharing a side boundary with the application site is no. 13-17 Baron street, a 6-storey mixed use building with retail on ground floor and residential above. To the south and rear of the site is the part 7, part 8/9 storey Jury Inn Hotel development which fronts Pentonville Road. Opposite the site and to the north are a variety of buildings and structures of varying heights mostly 4 to 5-storey, Nos. 63 and 64 being in residential use.

4. The application site is not located within a designated Conservation Area although it

adjoins the Chapel Market / Penton Street Conservation Area to the west and north. The existing building is not a listed building nor is it registered on the Council register of locally listed buildings. There are no listed or locally listed buildings within the immediate vicinity of the site.

Proposal (in Detail)

5. Full Planning Permission is sought for the redevelopment of 34-41 White Lion Street,

involving demolition of the existing buildings and erection of a new six storey building fronting White Lion Street and linked with the rear of 60 Pentonville Road to provide for 158 additional hotel rooms and conference rooms.

6. The proposal also includes the relocation of a single storey sub-station in Penton Grove along with internal and external alterations to the existing hotel building at 60 Pentonville Road and extension to existing ground floor bar and restaurant.

7. The proposed ground floor plan has been arranged so that the conferencing facilities would front White Lion Street. There would be additional hotel rooms at ground floor level along with alterations to the existing Jury’s Inn restaurant and bar to incorporate the extension into the existing building. The first to fifth floors would comprise of hotel rooms, whilst the fourth and fifth floor levels would be setback from the main frontage.

8. The building would link with the existing Jury’s Inn hotel an off-street servicing bay to the rear of the building, which is accessed from Baron Street. Cycle storage is provided at ground floor level.

Issues 9. The main issues arising from this proposal relate to the:

- Land Use; - Design and appearance of the proposed building; - Neighbouring amenity; - Quality of hotel accommodation; - Accessibility; - Sustainability; - Energy efficiency and renewable energy; - Highways and transport; and - Contaminated land Relevant History

10. The application site has been the subject of a number of past planning applications. Those considered relevant are summarised below:

- Planning application LBI ref: P06-2238 for the ‘Demolition of existing building and

erection of a 6 storey building consisting of commercial use (A1/B1 and A3) at ground and basement levels and 74 apart-hotel residential units to the upper floors’ was REFUSED on 13/12/2006 for the following reasons:

1. REASON: The proposed rear of the building by reason of its bulk and close

proximity to the existing neighbouring habitable room windows within the property at 13-17 Baron Street would result in the undue loss of sunlight and daylight to, and outlook from those windows to the detriment of existing residential amenity. The proposal is contrary to policy D3 of the Islington Unitary Development Plan 2002.

2. REASON: The proposal due to its layout would not allow for vehicles to leave the site in a forward gear which would result in undue servicing difficulties and vehicular and pedestrian conflicts. The proposal is contrary to policies T55, D3 and Env17 of the Islington Unitary Development Plan 2002.

3. REASON: The applicant has not agreed to a Section 106 Agreement to enter into programmes of activity and provide monies to mitigate against the likely impacts on local environment, infrastructure, facilities, bio-diversity, or provide for a permit free and car-free development, the on-site provision of renewable energy, meeting excellent BREEAM Retail and Eco Homes standards, a travel plan, contribution towards sustainable transport measures and the repair and reinstatement of highways and footways. The proposal is therefore contrary to policy Imp13 of the Islington Unitary Development Plan 2002.

- Planning application LBI ref: P06-2759 for the ‘Demolition of existing building and

erection of a 6 storey building (plus basement)consisting of a 528sqm A3 unit (restaurant), 480sqm B1/A1 unit (office/retail) at ground and basement levels and 70

apart-hotel units at upper floors’ was REFUSED on 12/02/2007 for the following reason:

1. REASON: The proposed mix of uses on the site could be inconsistent with

this edge of town centre location, particularly in that no residential use is proposed, and the application is contrary to Policies H1 and Imp 5 of Islington’s Unitary development Plan 2002.

- An appeal was lodged against the above refusal and subsequently allowed by the

Planning Inspectorate. In the reasons for the decision it was concluded that the absence of a residential component would frustrate the provision of affordable housing but would cause no harm. Further, it was concluded that the proposal would comply with the UDP town centre policies and the development plan as a whole, while it would not conflict with Policies H1 and Imp 15. As such, it is considered that the principle of a mixed use development without a residential component has been established on the site.

CONSULTATION

Public Consultation 11. Letters were sent to 155 of adjoining and nearby properties at Baron Street, Claremont

Square, Penton Grove, Pentonville Road and White Lion Street. A site notice and press advert were displayed on 13 August 2008. The public consultation of the application therefore expired on 17 September 2008, however it is the Council’s practice to continue to consider representations made up until the date of a decision.

12. At the time of the writing of this report a total of two responses had been received from

the public with regard to the application. The issues raised can be summarised as follows (the paragraph number of this Committee report containing the Officer’s response to these comments is provided in brackets): - Proposed building not in keeping with streetscape - Height and bulk of the proposed building - Loss of daylight and sunlight to neighbouring properties.

Public Re-consultation

13. A site notice and press advert were again displayed on 17 February 2010 to notify the public of revised drawings submitted for the application. The revisions related to changes in the design of the proposed building and reduced the number of hotel rooms from 165 to 158.

14. One further response was received by one of the same objectors to the consultation process above, who confirmed that they still objected to the application for the same reasons.

External Consultees

15. Commission for Architecture and the Built Environment (CABE) did not comment on the proposal.

16. Metropolitan Police (Crime Prevention) raised no objections to the proposal.

17. Thames Water raised no objections subject to a condition requiring a study on the

impact of the existing water supply infrastructure. 18. London Underground did not comment on the proposal. 19. Transport for London commented on the proposal as the site forms part of the Transport

for London Road Network (TLRN). TfL have stated that the proposal would not result in an unacceptable impact on the TLRN subject to conditions and s106 obligations covering the following matters: - future occupants of the site be excluded eligibility for local authority car parking

access; - the submission of a Travel Plan in accordance with DfT and TfL guidance and that it

passes the ATTRiBUTE test; - the submission of a Construction Management Plan; and - the submission of a Delivery and Servicing Plan.

Internal Consultees

20. Access Officer raised no in-principle objection to the proposed development. However, it

was pointed out that there are a number of deficiencies in the layout spaces which prevent the scheme being totally inclusive in design terms. These deficiencies can be dealt with by condition(s).

21. Conservation and Design Officer raised objections to the proposal as originally

submitted because there was no corner drum feature to the corner of White Lion Street and Penton Grove and the design appeared more as a rectangular box. Other concerns related to the lack of setbacks of the two upper from the frontage and the relationship with the existing building at 13-17 Baron Street was unbalanced. Further, the new section of building to the rear that connects with the existing Jury’s Inn hotel was contrary to design policy in terms of elevational treatment. These concerns were addressed via the submission of revised plans.

22. Conservation and Design Panel, which consists of a panel of representatives of local

amenity groups/societies, local architects, surveyors, engineers and other relevant professionals commented on the scheme. They expressed criticisms of the scheme as originally submitted, however since then revised plans have been submitted making changes to the design that address their concerns.

23. Energy Conservation and Sustainability Team raised no objection subject to the

imposition of conditions to ensure that the development would provide an energy efficient building and sustainability measures.

24. Public Protection Division (Noise Team) raised no objection subject to the imposition of

conditions relating to the provision of a noise study and sound attenuation measures.

25. Public Protection Division (Land Contamination) raised no objection subject to the imposition of a condition.

26. Street Management Division are satisfied that vehicles can leave the site in a forward

gear and also that the impact of the development on pedestrian and vehicular safety on Baron Street, Penton Grove and White Lion Street is appropriately safeguarded.

Further, they have recommended conditions and s106 obligations requesting a Green Travel Plan and an Access Management Plan.

RELEVANT POLICIES National Guidance 27. The following national and regional guidance is considered particularly relevant to this

application: PPS 1 Delivering Sustainable Development PPS 4 Planning for Sustainable Economic Growth PPS 5 Planning for the Historic Environment PPG 13 Transport PPS 22 Renewable Energy PPS 23 Planning and Pollution Control PPG 24 Planning and Noise Development Plan

28. The Development Plan is comprised of the London Plan 2008 (consolidated with amendments since 2004) and the Islington Unitary Development Plan (2002). The following policies of the Development Plan are considered relevant to this application:

London Plan 2008 - Spatial Development Strategy for Greater London (consolidated with alterations since 2004)

The Broad Development Strategy 2A.1 (Sustainability Criteria) 2A.3 (London’s Sub-Regions) 2A.4 (The Central Activities Zone) 2A.7 (Areas for Regeneration) 2A.8 (Town Centres) Connecting London – Improving Travel in London 3C.3 (Sustainable Transport in London) 3C.17 (Tackling Congestion and Reducing Traffic) 3C.21 (Improving Conditions for Walking) 3C.22 (Improving Conditions for Cyclists) 3C.23 (Parking Strategy) 3C.25 (Freight Strategy) Enjoying London 3D.1 (Supporting Town Centres) 3D.7 (Visitors Accommodation and Facilities) The Crosscutting Policies: 4A.1 (Tackling Climate Change) 4A.2 (Mitigating Climate Change)

Thematic Policies 3A.3 (Maximising the Potential of Sites) 3B.1 (Developing London’s Economy) 3B.9 (Tourism Industry) 3B.11 (Improving Employment Opportunities for Londoners) Designs on London 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.6 (Safety, Security and Fire Prevention and Protection) 4B.8 (Respect Local Context and Communities 4B.11 (London’s Built Heritage) The Sub-Regions, Central Activities Zone and Government Growth Areas: 5A.1 (Sub-Regional Implementation Frameworks) 5B.1 (The Strategic Priorities for North

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.9 (Adaptation to Climate Change) 4A.10 (Overheating) 4A.11 (Living Roofs and Walls) 4A.14 (Sustainable Drainage) 4A.20 (Reducing Noise and Enhancing Soundscapes) 4A.28 (Construction, Excavation and Demolition Waste)

London) 5G.1 (The Indicative CAZ Boundary) 5G.2 (Strategic Priorities for the CAZ) 5G.5 (Predominantly Local Activities in the CAZ) Implementing the London Plan: 6A.4 (Priorities in Planning Obligations) 6A.5 (Planning Obligations)

Islington Unitary Development Plan (2002)

Environment Policies: Env1 & 2 (New Development) Env9 & 10 (Street Furniture, Paving and the Streetscene) Env12 (Community Safety) Env15 (Small Children and their Carers) Env16 & 17 (Protection of Amenity) Env32 (Energy) Env38 (Waste and Recycling) Economic Regeneration Policies: E10 (Storage and Distribution) E12 (Priority Areas) Shopping & Town Centres Polices: S1 (The Nags Head and Angel Town Centres) S2 (Town Centre Development) Visitors to Islington Polices: V1 (Tourist Facilities) V2 &V3 (Hotels and other Accommodation) V5 (Local Employment) V6 (Traffic Generation)

Conservation and Design Policies: D1 (Overall Design) D3 (Site Planning) D4 (Designing in Context) D5 (Townscape) D17 (Local Views) Sustainable Transport Policies: T4 (Reducing the Need to Travel) T18 (Parking and Traffic Restraint) T21 (Non-Residential Off Street Parking and Servicing) T32 (On-Street Servicing) T34 (Cycle Parking) T45 (Land Use Planning) T47 (Streetscape) T49 (Meeting the Needs of People with Mobility Problems) T52 (Facilities for Cyclists) T55 (New Development) Implementation Policies: Imp5 (Mixed Use) Imp6 (Efficient Use) Imp13 (Community Benefits) Imp14 (Central London) Imp 18 (Kings Cross Special Policy Area)

Designations

29. The site has the following designations under the London Plan 2008 and Islington Unitary Development Plan (2002): - Local Views from Archway Bridge and Archway Road; - Crossrail Safeguarding (Hackney-SW); - Within 200m of Crossrail 2; - Central London Area Special Policy; - Angel Town Centre Special Policy; - Kings Cross Special Policy Area; and - (adjoins) Chapel Market Penton Street Conservation Area -

Supplementary Planning Guidance (SPG) / Document (SPD)

30. The following SPG’s and/or SPD’s are relevant:

Islington UDP London Plan - Green Construction - Inclusive Landscape Design - Planning Standards Guidelines - Planning Obligations and S106 - Urban Design Guide

- Accessible London: Achieving and Inclusive Environment

- Sustainable Design & Construction - Planning for Equality and Diversity in

London

Evidence Based Documents

31. The following documents are relevant:

- Mayor’s Hotel Demand Study, June 2006 - London Borough of Islington Hotel Study, 2005.

EMERGING: Islington Local Development Framework Core Strategy

32. The following policies in the draft Local Development Framework (LDF) Core Strategy

have been taken into consideration:

Spatial Strategy Policy 5 (Angel & Upper Street) Policy 9 (Protecting and Enhancing Islington’s Built and Historic Environment) Policy 10 (Sustainable Design) Policy 11 (Waste)

Policy 13 (Employment Spaces) Policy 14 (Retail and Services) Infrastructure and Implementation Policy IMP1 (Delivery and Infrastructure)

33. The Core Strategy was submitted on 30 June 2010, at which point the formal

examination of the plan commenced. The examination hearings are scheduled to start on 23 November 2010.

34. As the draft Core Strategy has now been submitted, the policies contained within it are a material planning considerations particularly where they directly stem from and accord with national policy. However, as a matter of law, limited weight should be attached to them at this stage because they cannot override the Council's legal duty to determine planning applications in accordance with its existing development plan unless material considerations indicate otherwise. At the present time it is likely to be difficult to justify refusal of any application based solely on draft Core Strategy policies and members should always seek specific officer advice before considering voting for refusals on this basis

EVALUATION

Land-use 35. The existing building on the site consists of a part two storey building that is used for

warehousing/storage and the wholesale of electrical goods. It is considered that the existing development and use constitute an underdevelopment of this valuable Central London/Town Centre site. The scheme proposes the demolition of the existing building and erection of a mixed-use hotel and commercial building. The proposal would maximise the potential of this site and provides for an appropriate development in land-use terms.

36. The proposed hotel is defined as a C1 use and as such there is no policy requirement

for the provision of affordable housing. The proposed hotel room and conferencing facilities would form part of the existing Jury’s Inn hotel on the site. The site is designated within the Angel Town Centre and Council Policies S1 and S2, the Mayor’s London Plan and the Council’s adopted SPG ‘Angel Town Centre Strategy 2004’ encourage this Centre as one for business, tourism, leisure and retail current, while emerging local and regional actively discourage residential uses in Town Centres in favour of regeneration and growth in employment generating uses.

37. The proposal, comprising 158 hotel rooms with ancillary facilities such as conference rooms and an extension to the existing restaurant at Jury’s Inn, would be appropriate in the Angel Town Centre, which is one of Islington’s two Major Town Centres. The use would be employment generating and also support tourism/visitors to Islington which in turn would support the local business community and help foster regeneration.

38. London Plan Policy 3B.9 provides strategic support to the provision of new hotel facilities. Policy 3D.7 states that smaller scale hotel provision should be located in CAZ fringe locations with good public transport and the borough should also support an increase in the quality and quantity of fully accessible accommodation. Policies V2 and Imp14 in the UDP 2002 also supports these objective.

39. The GLA’s Hotel Demand Study (2006) identifies a target of 40,000 additional hotel

bedrooms in London by 2026. The Study identifies an indicative need for additional 1800 rooms in Islington (of which 300 would replace older accommodation) during the period 2007-2026. The proposed additional 157 rooms would contribute towards the borough meeting the majority of the estimated need by 2012 and Islington’s hotel offer would be enhanced meeting the needs of London visitors.

40. UDP Policy V1 supports schemes which bring sustainable benefits to the local economy through an increased number of visitors to the borough. This policy in pursuing the aim

ensures that the new scheme should not have detrimental impact to the character of residential areas; result in increased volume of traffic entering the borough; and resulting in an overall loss of local employment.

41. UDP Policy V2 encourages provision of visitor accommodation including new hotels, extensions or change of use subject to four criteria. Firstly, that the scale of the development is appropriate and will not impact adversely on the amenity of adjoining uses. The proposed development has been designed in a manner that has identified the constraints of the site and would not result in an adverse impact on the amenity of neighbouring properties, which is further assessed in the ‘Neighbourhood Amenity’ section of this report. Secondly, that larger schemes are well served by public transport, have adequate road access and sufficient on site space for service vehicles, coaches and taxis. The proposal would not have a negative impact on the highways network subject to the imposition of appropriate conditions and s106 obligations. These considerations are assessed under the ‘Highways and Transportation’ section of the report. Thirdly, that any development will not result in a net loss of permanent residential accommodation. In this instance there is no existing residential accommodation on the site and as such there would be no loss. Finally, that proposals greater in scale than individual street properties are closely linked to town centre uses or potential tourist venues, and are easily accessible from central London. The site benefits from excellent transport links to provide easy accessibility to central London and has been designed in a manner to respect the existing scale of development adjoining and surrounding the site.

42. The Council have also undertaken a ‘London Borough of Islington Hotel Study (2005)’, which demonstrates that direct employment in hotels and other forms of visitor accommodation in Islington contribute to the local economy. The Study also outlines that continued future provision of hotels in the CAZ can ensure that Islington can increase its share of the London hotel market whilst ensuring local benefits. In this instance, the Council is likely to benefit from local employment opportunities through the proposed hotel extension. The applicant has estimated that the proposed hotel would generate approximately 83 employees ranging from managerial and administration to maintenance, house-keeping and porters.

43. There has been recent change, and strengthening of employment policy at a regional

level. The Mayor of London has released the ‘Sub-Regional Development Framework Central London 2006’ which highlights major centres where employment/business growth should be channelled. Angel Town Centre is defined as such a centre (Action 2B). The London Plan is also under review and draft alterations are currently under public consultation. Policies 5G.1 – 5G.5 relate to the expansion of the Central Activities Zone (which shall include Angel Town Centre) and the need to promote employment, retail and office uses within this area.

44. The previous planning application on the site for a mixed use development consisting of apart-hotels and commercial uses was refused by the Council on the basis the proposal would be inconsistent with this edge of town centre location, particularly in that no residential use and corresponding affordable housing formed part of the proposal. An appeal was lodged against the above refusal and subsequently allowed by the Planning Inspectorate.

45. It is acknowledged that the affordable housing needs have become more pressing and that the absence of a residential component would result in no provision of affordable

housing on the site, however the proposal would cause no harm. In the above decision it was concluded that the proposal would comply with the UDP Town Centre policies and the development plan as a whole. As such, it is considered that the principle of a mixed use development without a residential component has been established on the site and the proposed scheme is therefore considered acceptable in land use terms, which will enhance the role of the Town Centre as a focus for business, retail, leisure and community.

46. Placement and Local Procurement The borough is the 6th most deprived local authority

in England and has above average levels of unemployment. Increasing opportunities for employment and reducing deprivation is an essential part of developing socially sustainable communities within Islington. The most common barriers to employment that people experience in the borough are most notably the lack of skills to meet the needs of the employment market. In response to this shortfall of skills and experience to meet employment 8 onsite work placements during the construction phase of the development have been secured and a clause added to the S106. If such places are not provided then the applicant has agreed to pay a financial contribution of £39,500 to be spent on training placement for local residents. These initiatives are viewed as an essential part of developing socially sustainable communities, especially in the growing and intensifying community in which the development is located.

47. In addition, the development should comply with the Council’s Code of Local Procurement to ensure that the procurement of goods and services through the construction phase allows for opportunities for local businesses to tender for these, thereby supporting local businesses and regeneration opportunities.

48. Given the local opportunities the proposed hotel development would bring forward and optimise the use of a currently underutilised site, as well as meeting the demand for hotels in London by 2026. It is considered that the proposed redevelopment of the site for a hotel to be acceptable. With regards to the details of site specific issues, these are addressed under appropriate headings in this report. Conservation and Design

49. The proposal seeks to demolish the existing 1970s retail wholesale building, which

displays an uninteresting utilitarian warehouse design. The existing building is considered to be of no particular architectural merit and does not enhance its setting, the setting of the adjoining Conservation Area or the surrounding streetscene. The low two-storey height and inappropriate massing and design of the existing building is atypical within the streetscene, and the treatment of the front and side elevations has resulted in dead frontages.

50. The previous scheme (P06-2759), that was subject to appeal, provided an appropriate

response in design terms to the locality and conservation area in terms of its elevational design and design composition. It should also be noted that design considerations did not form part of the appeal. The upper floors were set back adequately from the frontage along White Lion Street, while a stair drum feature on the north western corner of the building provided an imaginative and visual transition between the proposed building and adjoining school to the west. The window compositions and elevations were simple but achieved a degree of design quality.

51. The current application as originally submitted put forward a scheme within the envelope parameters of that previously allowed at appeal however there were changes to the design. The corner drum feature had been removed and the design appeared more as a rectangular box. Furthermore, the setback of the two upper from the frontage had decreased and the relationship with the existing building at 13-17 Baron Street was unbalanced. Further, the new section of building to the rear that connects with the existing Jury’s Inn hotel was contrary to design policy in terms of elevational treatment. These concerns were raised by Councils’ Design officers and the applicants were informed of the above shortcomings.

52. In response to the above the applicant submitted revised plans to the design of the

building to address the above matters. The changes included the introduction of a drum staircase on the north-western corner of the building opposite the community centre, increased setbacks were introduced to the fourth and fifth floors along White Lion Street to align with the development at the corner of Baron Street and be less visible from the streetscene, greater permeability was provided at ground floor level and the elevational treatment to both White Lion Street and Penton Grove was altered to provide a design which provides visual interest to the street scene.

53. It is considered that the height, scale and bulk of the proposed development responds to

the opportunities and constraints afforded to the site to provide for a six-storey building that would form an extension to the existing Jury’s Inn hotel along Pentonville Road. The scale and massing is very similar to the previously allowed scheme and would be in keeping with the height of adjoining buildings at 13-17 Baron Street and the historic neighbouring Board School building which is within the Conservation Area. It is considered that the proposed development would be appropriate within its urban context.

54. The design and appearance of the elevations as they present to White Lion Street and

Penton Grove are well ordered and visually appealing. The drum corner feature has been designed in a manner to stand out as a separate feature creating visual interest to the street and assisting in reducing the mass of the main elevation in scale. Further, the drum feature creates an identity for the new development. The elevations to either side of the drum feature along White Lion Street and Penton Grove have been broken up into separate elements so that they display an appropriate vertical emphasis that adequately and appropriately assists in visually breaking up the bulk of the building. The ground floor conference rooms fronting White Lion Street would consist of a high level of glazing to allow for permeability and natural passive surveillance of the street.

55. The scheme is considered to be of a high standard of design, which respects and

enhances its context. Furthermore, the building is considered to enliven the street and through its appearance alone greatly improve the White Lion Street and Penton Grove streetscene. As such the proposed building would not have an adverse impact on the character and appearance of the neighbouring Chapel Market / Penton Street Conservation Area.

56. In conclusion, it is considered that the proposed development is acceptable in design

terms. Conditions are imposed for the submission of material samples to ensure the quality of the design is achieved. Therefore, the design of the building is considered to be in accordance with the Council’s and National Government’s policies and guidance on design.

Neighbouring Amenity 57. Policy 4B.1 of the London Plan 2008, UDP Policies ENV2, ENV16, ENV17 and D3 of

the UDP 2002, and SPG Planning Standard Guidelines, require new development to pay particular attention to the impact of development on noise and vibration, sunlight/daylight/overshadowing, overlooking and sense of enclosure.

58. The proposed development would not give rise to overlooking to neighbouring properties. The façade of the new building fronting White Lion Street would only result in overlooking that is common across a public highway, which is a common occurrence in an urban environment such as London and in this instance on White Lion Street. The proposed hotel rooms facing south but adjoining the residential properties at 13-17 Baron Street would have privacy screens to prevent undue overlooking to these properties. Whilst these south facing windows would not have direct views into the adjoining residential properties, the privacy screens have been proposed to prevent any overlooking from oblique views and will be secured by condition. It should also be noted that neither of the two objections received raised concerns with regard to an intrusion on privacy.

59. The applicant has commissioned GIA consultants to produce an independent BRE

analysis of the impact of the development on the existing neighbouring residential windows to 60-62, 63-64, 71 and 72 White Lion Street and 13-17 Baron Street. The study has demonstrated that although there is a minor loss of sunlight and daylight to those neighbouring habitable room windows, these losses are not substantial and none of the windows tested would experience a reduction in excess of 20% of its former value (which is the maximum allowance suggested by the BRE Guidelines). Consequently, the study shows that the proposed development is fully compliant with the BRE Sunlight and Daylight Guidelines and is acceptable in this regard. One objection has been received with regard to daylight/sunlight from the occupant of 71 White Lion Street, which is directly opposite the existing development on the corner of Baron and White Lion Street. The above study demonstrates that the windows at this specific property would not experience a deterioration of daylight from the proposed development that is considered unreasonable.

60. Furthermore, no objections have been received from the occupants of 13-17 Baron

Street. This building adjoins the application site to the west and is used for residential purposes at upper levels. The building displays a central lightwell to its eastern flank elevation and both north and south facing habitable room windows enjoy a level of light and aspect as a result of it. The proposed rear projection of the current proposal is not greater in bulk or located closer to these properties than the development proposal allowed at appeal by the Inspectorate. The independent BRE daylight and sunlight report demonstrates that the sunlight and daylight reaching those windows is satisfactory and comfortably above the suggested minimum limits of the guidelines. The proposal would therefore not have an unacceptable impact on the amenity of those adjoining flats.

61. It should also be noted that the above amenity concern by the resident at 71 White Lion Street was raised at appeal for the previous application submitted on the site. The Inspector acknowledged the concerns raised by the local residents but concluded that they did not represent sustainable reasons for rejecting an otherwise acceptable proposal. The current proposal in terms of scale and bulk is no greater than that previously considered acceptable.

62. Construction Impacts In order to mitigate against the possible impacts of the

development during construction on the amenities of surrounding occupiers, (having regard to impacts such as noise and dust) compliance with the Council’s Code of Construction Practice has been secured as part of a S106 agreement together with a payment for monitoring of £7,900. This payment is considered be an acceptable level of contribution having regard to the scale of the development, the proximity of other properties, and likely duration of the construction project.

63. Noise The proposal shows all plant and ancillary equipment to be located within the building and within the roof-top plant enclosure. It is not considered that the proposal would result in undue noise nuisance from the operation of plant. However to ensure that an appropriate neighbouring environment is maintained at all times a condition is imposed with regard to the operation of plant machinery. Quality of Resulting Accommodation

64. As the scheme is not for a residential use it is not subject to the Council’s minimum

space standards or amenity requirements set out within the Housing Chapter of the UDP and the adopted SPG ‘Planning Standards Guidelines’. Nevertheless, it is considered that the overall room sizes are acceptable and in line with what is commonly proposed with hotel development. There are a large number of single aspect north facing rooms however this is not considered to be unacceptable given the nature of the hotel use. Lift and level access is provided throughout the building and the proposal is considered to provide for a good level of amenity for the future short-term occupants.

65. Conferencing facilities are provided at ground floor level. They have direct access to the on-site rear loading bay and have regularly shaped and uncluttered floor-plates which allow for ease of use, adaptation and flexibility. A condition is imposed to restrict the opening hours of the proposed conferencing facilities to between 9am and midnight from Sunday to Wednesday and 9am to 2am from Thursday to Saturday. The above hours of operation are consistent with recent grants of planning permission by both the Council as well as the Planning Inspectorate within the Angel Town Centre. Accessibility

66. It is the Council’s objective to enable people with disability to lead as fully integrated

lives in the community as possible. Consequently, it is policy that new developments are designed in accordance with the principles of inclusive design and achieve high standards of accessibility and inclusion.

67. The Council’s Access Officer has considered the proposed development and confirmed

that the design displays a reasonable understanding of the principles of inclusive design. The revised plans have addressed initial concerns relating to the car parking provision to the courtyard and the general layout of the conference facilities. The proposal would deliver 18 wheelchair accessible rooms (10%) and acceptable arrangements have been made to ensure inclusive building design. The scheme is considered appropriate in terms of acceptability subject to a number of amendments still necessary to ensure that the development provides an appropriately accessible and inclusive environment. It is recommended that conditions be imposed to require the submission of further details.

Sustainability

68. The applicant seeks to deliver a design which applies sustainable design techniques

and highly efficient equipment and systems, which will be maximised through passive solar design. In that context, the scheme is to provide for: - a large amount of south facing flats; - high specification glazing; - energy efficient light fittings; and - a high efficiency heating ventilation and air conditioning system.

69. BREEAM 70. The submitted information includes a preliminary assessment as to how the

development can achieve an ‘excellent’ BREEAM rating. A condition has been imposed to ensure that this rating is achieved with the submission of relevant BRE certificates.

71. Water 72. The design proposal will include a 12000 litre rain water collection system and reuse for

ground floor toilet flushing. Details of the rainwater harvesting will be subject to condition.

73. Materials and Construction

74. It is considered that the proposed development should procure materials sustainably using local suppliers where possible. Details of sustainable materials commitments shall be conditioned to provide Green Guide ratings of major building elements and other commitments such as to use of FSC timber and recycled materials. Further, the scheme shall sign up to Considerate Constructors and comply with Islington’s Code of Construction as part of the s106 obligations.

75. Ecology and Adaptation

76. Major developments should incorporate living roofs and walls where feasible. However, in this instance the current application cannot provide for a green or brown roof. Given this constraint it is considered that the proposal can reduce surface water run off from the site with other sustainable drainage systems on the site, particularly given the increased density of build which will increase grey and black water entering drains. This could be through the use of rainwater recycling and permeable surfaces in any areas of public realm (whether through soft landscaping or permeable paving). Given the ground floor servicing area within the development is to be reconfigured, it is considered that a condition be imposed to provide permeable areas through the use of paving or landscaping where possible. Energy Efficiency and Renewable Energy

77. It is the Council’s and the Mayor’s objective when considering major development that

there is an achievement of a significant and measurable improvement in energy efficiency and reduction in CO2 emissions through the London Plan Policies 4A.2, 4A.3, 4A.7 and 4A.8. In this regard, it is policy that the feasibility of providing Combined Heat and Power (CHP)/Combined Cooling Heat and Power (CCHP) and community heating systems be explored. Furthermore, all developments are expected to demonstrate that their heating, cooling and power systems have been selected to minimise CO2

emissions. Finally it is policy that there is at least a 20% reduction of CO2 emissions by the provision of on-site renewable energy sources.

78. Be Lean The energy efficiency of the proposed development is maximised through passive design. The applicant confirms that the new hotel building is built to high insulation and air-tightness standards. Other energy efficient aspects include the provision of natural ventilation, energy efficient mechanical and electrical systems, energy efficient central gas boilers and chillers, thermal insulation, local heating controls and electrical demands. As such, the energy efficient technologies would provide a 34% saving on CO2 emissions, which is a good level of savings.

79. Be clean (CHP) The proposal would use a 52kWe site-wide CHP system with provisions made to connect to future district systems. The Energy Report submitted with the application also states that the extension will integrate with the existing building services. The applicant has confirmed in an Energy addendum that the CHP will be sized to meet the base load for the entire hotel. Therefore, appropriate conditions are imposed to ensure the delivery of an energy efficient building.

80. Be green (renewable energy) The proposal would use biodiesel to power the CHP system to potentially meet the 20% target. Should the proposed biodiesel CHP system prove to be unviable then the full 20% CO2 reduction will need to be met by using other technologies. The above condition has been worded in a manner whereby 20% will be met through other renewable technologies in the event the above method is not commercially viable. Other options include using ground source heating and cooling or a biomass boiler to meet the peak demand from a centralised gas fired CHP engine. Highways and Transportation

81. The site has a ‘Very Good’ Public Transport Accessibility Level (PTAL) of 5 and is

located within Zone ‘B’ Controlled Parking Zone (CPZ). Angel underground station is located approximately 300m east of the site, while 4 bus stops served by 7 bus services are located within 400 and 200m of the site. The London Borough of Islington is the Highway Authority for White Lion Street and Penton Grove and neither of these roads are categorised as a red routes. However, the site has frontages to Pentonville Road and Baron Street, which are both TfL controlled roads. The application site is noted within ‘Parking Policy Area A’ and consequently is within an area of strict traffic restraint.

82. The application was accompanied by a Transport Statement and draft Access Management Plan. The scheme constitutes a highly sustainable development, which with its low trip generation would not have an adverse impact on the adjacent highway networks. Furthermore, this would be a car free development and rights to apply for CPZ permits would therefore be removed under a clause agreed within the S106 agreement. Furthermore, a contribution of £12,640 would be required to be put towards the provision of sustainable transport initiatives.

83. The proposal also includes the widening of pavements surrounding the site and it is considered that this would improve the public realm. It is recommended that the required works, including pre and post construction surveys, to be secured under S106 agreement. This work is usually carried out by the Highway team/appointee by the Council, whose cost are then re-charged to the applicant. There is also a financial contribution to be secured under the Section 106 agreement for streetscape

improvement scheme within the vicinity of the site, to mitigate the impacts of the additional population on the surrounding highways.

84. With regard to construction and its associated impact on the highway, the developer has

agreed and would be required under S106 agreement to comply with the Code of Construction Practice. This would include details of routes for vehicles accessing the site including details of any variation from this route for oversized or abnormal loads and appropriate mitigation measures (i.e. wheel washing).

85. Pick up/Drop off Areas & Coach Parking The existing entrance to the Jury’s Inn hotel at the front of the site along Pentonville Road has an area marked for coaches, taxis and minicabs to drop off or pick up visitors. This pick up/drop off area is proposed to be managed by the operators to ensure efficient pick up and drop off with minimal waiting time. The Council’s requirement for coach parking is for 1 space per 50 rooms to be proposed is a scheme. In this instance, 158 rooms are proposed and therefore three additional coach spaces would be required. However, the site is highly accessible by public transport and the nature of the current hotel operator that a coach arriving and departing the hotel is not expected on frequent basis. The site currently has a space at the front of the site to be utilised in an event that a group of guests wish to arrive or depart by a coach and these existing provisions have the capacity to cater for any coaches that may be associated with the proposed development. Transport Planning officers are content with this arrangement.

86. Car Parking and Disabled Parking The scheme proposes no on or off-street car parking bays for any of the hotel or conference facilities and therefore constitutes a car-free development. Car-free developments can be defined as development with no car-parking facilities for occupants or visitors other than as needed to meet the needs of disabled people. Car–free developments support many objectives of the Unitary Development Plan, especially those related to sustainability. Logically, car-free developments should be supplied in areas that can support it. The site has a ‘very good’ PTAL, is situated close by Angel tube station and bus stops and is amongst the shops and services of the Angel Town Centre. This is a prime site for a car free development and therefore the proposed lack of parking is considered to promote the Council’s and National Government’s sustainable transport aims and objectives and is therefore welcomed.

87. The proposal would be required to provide 8 disabled parking bays based on 1 space per 20 bedrooms. Three disabled parking spaces have been provided on-site. It is recommended that a condition be imposed to require these spaces be appropriately line marked and retained to prevent misuse. The constraints of the site would limit the provision of a further 5 disabled parking bays on the site and the applicant has agreed to a clause in S106 agreement for the payment of £12,000 to promote accessible and sustainable transport which would facilitate disable parking bays to be installed within the vicinity.

88. Cycle parking needs to be provided in accordance with TfL’s cycle parking standards. The rate for a hotel (C1) is 1 space per 10 staff and given that 83 employees would be created by the development, a minimum of 9 cycle parking spaces are required for the hotel use. The scheme shows the provision of an additional bicycle store capable of holding 10 cycles which would be accessed from Penton Grove. This location is also appropriate because of its proximity to the changing facilities.

89. Servicing The submitted Transport Assessment states that the site is currently serviced by a central courtyard accessed of Baron Street, and that the new development could also be served from Penton Grove. The Access Management Plan states that the substation will be accessed by EDF twice a year from Penton Grove and that it will not be used for other servicing/deliveries. The ground floor plan includes a swept path demonstrating that an EDF vehicle can adequately manoeuvre at the end of Penton Grove. The central courtyard is proposed to be used for servicing and the plans include the provision of two servicing bays, which can be used by one larger vehicle or two smaller vehicles. Swept paths for the smaller and larger vehicles are shown on the submitted plans and it is clear that vehicles are able to manoeuvre within the site and leave in a forward gear. The bays will be marked permanently and identified by aggregate paving sets. A condition shall be imposed requiring this area to be provided prior to the occupation of the building and maintained free from obstruction thereafter. Traffic bollards will be used to separate the bays from walkway areas.

90. A deliveries schedule has been provided in the revised Transport Assessment. It appears that between 6am-7am and 10am-3pm, there is a possibility of vehicles arriving at the site at the same time. A Delivery and Servicing Management Plan should include details to prevent two vehicles servicing at the same time and also monitor the use of the servicing areas. The existing height restriction of 3.7 metres is proposed to remain and the Delivery and Servicing Management Plan will require that all new contractors confirm that their vehicles are less than 3.7 metres in height. Transport Planning officers are content with this arrangement.

91. Secure refuse and recycling enclosures are provided and the refuse/recycling bins

would be collected on daily basis by a private contractor. This is considered to accord with the Council’s adopted SPG ‘Planning Standards Guidelines’ with regard to its size, location and access. A condition is attached which requires a management arrangements and the provision of the enclosure to be provided prior to the first occupation of the building.

92. A Delivery and Servicing Management Plan will be secured as a section 106 obligation. Further to the details provided in the draft, the document should include details of the relevant person at Jury’s Inn who is responsible for this document and confirm how often the AMP will be reviewed, updated and submitted to the Council. When this document is reviewed and updated, it is important to have records of any issues that have occurred since the last review. This will then help support the implementation of any measures, such as warning signs or clamping.

93. TfL have also commented on the scheme and requested that the Delivery and Servicing Plan (DSP), as referred to in the London Freight Plan, identify efficiency and sustainability measures to be undertaken once developments are operational, and submitted to and approved by LB of Islington in conjunction with TfL prior to occupation. The submission of these details will be secured via s106 obligations.

94. Travel Plan A draft travel plan has been submitted with relation to the resulting use of

the site. In the interest of sustainable development and in accordance with policy T5 of the UDP, a travel plan would be secured in the Section 106 Legal Agreement. Travel plans are sought on schemes which would involve a significant increase in employment in the borough. The plan is a means by which business can manage the transport needs of their staff in order to reduce the environmental impact of travel to and from work. The applicant has agreed to a clause within the S106 agreement which requires

the submission of a final travel plan within 6 months of occupation and a travel plan update three years following first occupation.

95. It is considered that the proposed development and its associated impact on the

highway and local environment with regard to parking, access and servicing, are acceptable and in line with policy and guidance set out in regional and local guidance, which seek to ensure developments minimise parking and impact and promote sustainable transport options.

Contaminated Land

96. The Council’s Public Protection Department raised no objection to the proposal subject

to the imposition of a condition requiring the applicant to consider the issues of contaminated land. Further, the planning application includes a full asbestos survey of the building to be demolished which has been carried out by ‘Bestoff Services Ltd’. It identifies the asbestos cement to the rood and guttering, which is chrysolite or “white” asbestos. The removal of this material must be carried out in full compliance with the Asbestos Licensing Regulations. Additionally, if permission is to be granted the works will need to comply with Islington’s Code of Construction Practice, which forms part of the section 106 obligations.

SUMMARY AND CONCLUSION

Summary 97. The proposed building is considered to be of high quality design and fits in well with the

existing Jury’s Inn hotel and the context of the surrounding area. The ground floor façade fronting White Lion Street would allow for an improved engagement with the public realm and the building is not considered to impact upon the character and appearance of the adjoining conservation area.

98. The proposal subject to the imposition of conditions would provide for inclusive and

convenient access for all within the development. The scheme provides for appropriate servicing arrangements, cycle provision and refuse/recycling provisions. The scheme is not considered to adversely impact on the existing surrounding street network or access to on-street parking.

99. Consideration has been given to the objections made regarding the design of the

building and its impact on the amenity of neighbouring properties. However, the objections are not considered to be sufficient weight to outweigh the reasons for granting planning permission.

100. The development is considered to be appropriate and in accordance with relevant

National and Regional Guidance, UDP policies and Supplementary Planning Guidance for the reasons noted above. Approval is recommended subject to conditions and legal agreement under S106 of the Town and Country Planning Act 1990.

Conclusion

101. It is recommended that planning permission be granted for the reasons and details as

set out in Appendix 1 - RECOMMENDATIONS.

APPENDIX 1 – RECOMMENDATIONS

SCHEDULE OF APPLICATION DETAILS Application reference P081009 Proposal Demolition of existing buildings and structures at 34-41 White Lion

Street and erection of a six storey building fronting White Lion Street and linked with the rear of 60 Pentonville Road to provide for 158 additional hotel rooms and conference rooms. Relocation of single storey sub-station together with internal and external alterations to the existing hotel building at 60 Pentonville Road and extension to existing ground floor bar and restaurant.

Drawing numbers Drawing Nos: B08-536 L801, L802, L803, L804, L805, L806, L807, L808, L809, L001, L002 Rev E, L003 Rev H, L004 Rev G, L005 Rev G, L006 Rev G, L007 Rev D, L008 Rev E, L009 Rev E, L010 Rev E, L011 Rev C. Interim Travel Plan prepared by Mott MacDonald dated May 2008, Planning Statement prepared by Gerald Eve dated 25 July 2008, Sustainable Design & Energy Statement November 2008 Version 2 prepared by Caldwell Consulting, Revised Design and Access Statement prepared by Consarc Design group dated May 2009 (Rev B), Design Amendment Summary prepared by Consarc design dated 17 January 2010, Schedule of Accommodation dated 12 May 2009, Revised Transport Assessment prepared by Mott MacDonald dated January 2010, Revised Daylight & Sunlight Assessment prepared by GIA dated 21 Januray 2010, Revised Sustainable Design & Energy Statement prepared by Caldwell Consulting Jan 2010 & Access Management Plan July 2010.

Type of application Full Planning Application Application received 12 May 2008 Application completed 12 August 2008 Name of applicant Jury Doyle Hotel Management (UK) Ltd Name of agent Gerald Eve Case officer John Kaimakamis Area Team Major Applications Heritage information Not in a Conservation Area

English Heritage notification not required Building is not listed

Library (holding copy of application)

West Library, Bridgeman Road N1

Ward West Area – Barnsbury Ward PS2 code description All Other Major Development 91st day 26 April 2010

RECOMMENDATION A That planning permission be granted subject to the applicant and any mortgagees entering into a Deed of Planning Obligation by means of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) in order to secure the following matters to the satisfaction of the Head of Law and Public Services and the Service Director Public Protection/ Head of Service – Development Management or in their absence the Area Team Leader: 1. A contribution of £252,1640 toward infrastructure improvements in the vicinity of the site. (NB this is constituted of and subject to internal and external consultation, therefore this

should be considered as a maximum, noting that highways reinstatement is not included in this list and would be subject to conditions surveys of the surrounding road networks):

£240,000 Public Realm Improvements £12, 640 Sustainable Transport 2. The repair and reinstatement of the footways and highways in the vicinity of the

development – submission of pre and post construction conditions surveys for approval of council. This is assessed based on the actual damage that has occurred and the costs of reinstatement. A contribution of £68,500 will be required for this purpose. On completion of the reinstatement, remaining monies will be returned to the developer.

3. Facilitation of 8 work placements during the construction phase of the development,

lasting a minimum of 13 weeks and the applicants to enter into a cultural outreach programme in conjunction with the Council to include educational training or a contribution of £39,500 will be required.

4. Compliance with the Code of Construction Practice, including a monitoring fee of £3,800

to be paid on implementation of the development. 5. A contribution of £12,000 for the provision of accessible transport bays or alternative

accessible transport measures to be paid on implementation of the development. 6. Removal of the rights of future residents to apply for parking permits. 7. A draft Green Travel Plan to be submitted for the Council’s approval prior to

implementation of the planning permission. A final Green Travel Plan is to be submitted for Council approval 6 months after the first Occupation of the Development. An update on progress to be submitted on the 3rd anniversary of first Occupation of the Development.

8. Compliance with the Code of Local Procurement. 9. Submission of site specific response document to the Code of Construction Practice for

the approval of LBI Public Protection. To be drafted before implementation of the first phase.

10. Access/Delivery and Servicing Plan 11. Council’s legal fees and in preparing the S106 and officer’s fees for the

monitoring and implementation of the S106

That, should the Section 106 agreement not be completed within 13 weeks from the date when the application was made valid, Service Director Public Protection/ Head of Service – Development Management or in their absence the Area Team Leader may refuse the application on the grounds that the proposed development, in the absence of a legal agreement fails to secure appropriate planning obligations. ALTERNATIVELY should this application be refused (including refusals on the direction of GOL or The Mayor) and appealed to the Secretary of State, Service Director Public Protection/ Head of Service – Development Management or in their absence the Area Team Leader be authorised to enter into an agreement pursuant to S.106 Town and Country Planning Act 1990 to secure to the heads of terms as set out in this report to Committee. RECOMMENDATION B That the grant of planning permission be subject to conditions to secure the following: List of Conditions: 1 Commencement CONDITION: The development hereby permitted shall be begun not later than the

expiration of three years from the date of this permission. REASON: To comply with the provisions of Section 91(1)(a) of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004 (Chapter 5).

2 Approved plans list CONDITION: The development hereby approved shall be carried out in accordance with

the following approved plans: [LBI reg 10091]: Drawing No: B08-536 L801, L802, L803, L804, L805, L806, L807, L808, L809, L001, L002 Rev E, L003 Rev H, L004 Rev G, L005 Rev G, L006 Rev G, L007 Rev D, L008 Rev E, L009 Rev E, L010 Rev E and L011 Rev C. [LBI reg 10092]: Interim Travel Plan prepared by Mott MacDonald dated May 2008, Planning Statement prepared by Gerald Eve dated 25 July 2008, Sustainable Design & Energy Statement November 2008 Version 2 prepared by Caldwell Consulting Revised Design and Access Statement prepared by Consarc Design group dated May 2009 (Rev B), Design Amendment Summary prepared by Consarc design dated 17 January 2010, Schedule of Accommodation dated 12 May 2009, Revised Transport Assessment prepared by Mott MacDonald dated January 2010, Revised Daylight & Sunlight Assessment prepared by GIA dated 21 January 2010, Revised Sustainable Design & Energy Statement Jan 2010, Access Management Plan July 2010. REASON: To comply with Section 70(1)(a) of the Town and Country Act 1990 as amended and the Reason for Grant and also for the avoidance of doubt and in the interest of proper planning.

3 Materials CONDITION: Details and samples of all facing materials shall be submitted to and

approved in writing by the Local Planning Authority prior to any superstructure work is commenced on site. The details and samples shall include: a) brickwork (including brick panels and mortar courses) b) render (including colour, texture and method of application); c) window treatment (including sections and reveals); d) roofing materials; e) balustrading treatment (including sections); f) any other materials to be used; and g) a sustainable procurement plan outlining commitments to sustainable sourcing of

materials. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: In the interest of securing sustainable development and to ensure that the resulting appearance and construction of the development is of a high standard in accordance with policies: 4A.3; 4B.1; 4B.2; 4A.3; and 4B.8 of the London Plan 2008 and policies: Env1; Env2; D1; and D4 of the Islington Unitary Development Plan 2002.

4 Hotel Accommodation CONDITION: The hotel accommodation hereby approved shall be retained in a single

planning unit and shall not be subdivided into independent residential units for the purpose of management or sale. The rooms shall not be occupied other than by hotel visitors on a short stay basis (no greater than 3 months). REASON: To ensure that the facility remains in use as hotel accommodation in accordance with policy 3D.7 of the London Plan 2008 and policies V1 and V2 of the Islington Unitary Development Plan 2002.

5 Management Plan CONDITION: A management plan shall be submitted to and approved in writing by the

Local Planning Authority detailing the use and operation of the hotel hereby approved. The development shall be operated strictly in accordance with the management plan so approved and no change therefrom shall take place without the prior written consent of the Local Planning Authority. REASON: To ensure that the hotel is operated as such and the use and operation is appropriate and sympathetic to adjoining uses.

6 Details of Location and Design of Visual Screens CONDTION: Notwithstanding the plans hereby approved details of the exact location and

design of all visual screens to the south facing windows hereby approved shall be submitted to and approved in writing by the Local Planning Authority prior to their installation; and the screens shall be installed prior to the first occupation of the residential element of the development hereby approved. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: To prevent undue overlooking (oblique, backwards or otherwise) between the resulting dwellings and also to ensure that the resulting visual screen is acceptable in terms of its appearance in accordance with policies 4B.1 and 4B.2 of the London Plan 2008 and

policies D1; D3 and D4 of the Islington Unitary Development Plan 2002.

7 Details of Ground floor Elevations CONDITION: Notwithstanding the plans hereby approved, full details of the ground floor

elevations including: doors, sections, elevation and threshold treatments (to a scale of 1:50) shall be submitted to and approved in writing by the Local Planning Authority before any work is commenced on that relevant aspect of the scheme. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: To ensure that the Authority may be satisfied with the access arrangements and the street level external appearance/interface of the buildings in accordance with policies: 4B.1; 4B.2 and 4B.5 of the London Plan 2008 and policies: D3; Env12; S29; T45; T49 and T55 of the Islington Unitary Development Plan 2002.

8 No Plumbing or Pipes CONDITION: Notwithstanding the plans hereby approved, no plumbing, down pipes,

rainwater pipes or foul pipes shall be located to the north elevation of the building hereby approved. REASON: The Local Planning Authority considers that such plumbing and pipes would detract from the appearance of the building. In accordance with policy 4B.1 of the London Plan 2008 and policies: D1 and D4 of the Islington Unitary Development Plan 2002.

9 Wheelchair Rooms CONDITION: Detailed floor plans showing the internal layout and arrangement of the

proposed wheelchair accessible rooms and confirms the acceptability of the layouts shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The development shall be constructed strictly in accordance with the details so approved and no change therefrom shall take place without the prior written consent of the Local Planning Authority. REASON: In the interest in securing the appropriate number of wheelchair accessible rooms and to ensure the development is of an inclusive design in accordance with policies 3D.7 and 4B.5 of the London Plan 2008 and policies D3, V1 and V2 of the Islington Unitary Development Plan 2002.

10 Roof-Top Plant & Lift Overrun CONDITION: Details of any scheme of:

a) roof-top plant; b) ancillary enclosures/structure; and c) lift over-run shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The details shall include the location, height above roof level, specifications and cladding. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: In the interest of good design and also to ensure that the Authority may be

satisfied that any roof-top plant, ancillary enclosure/structure or the lift over-run do not have a harmful impact on the surrounding street scene in accordance with policies: 4A.3; 4B.1; 4B.2; and 4B.8 of the London Plan 2008 and policies: D1 and D4, of the Islington Unitary Development Plan 2002.

11 Refuse/Recycling Provided as Shown CONDITION: The dedicated refuse / recycling enclosure(s) shown on drawing no. L003

Rev H shall be provided prior to the first occupation of the development hereby approved and shall be maintained as such thereafter. REASON: To secure the necessary physical waste enclosures to support the development and to ensure that responsible waste management practices are adhered to in accordance with policy: 4A.22 of the London Plan 2008 and policies: D3 and Env38 of the Islington Unitary Development Plan 2002.

12 Cycle Parking Provision CONDITION: Details of the bicycle storage area, which shall be secure and provide for no

less than 10 cycle spaces shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing onsite; and the approved storage along with ancillary showering, hanging and locker facilities shall be provided prior to the first occupation of the buildings hereby approved. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: To ensure adequate cycle parking is available and easily accessible on site and to promote sustainable modes of transport in accordance with policy 3C.22 of the London Plan 2008 and policies: T34 and T52 of the Islington Unitary Development Plan 2002.

13 Hotel Conference Facilities – Ancillary Use Only CONDITION: The ground floor conference facilities hereby approved shall only

operate as an ancillary service in conjunction with the operation of the site a hotel and shall not be operated as a separate business.

REASON: To ensure that the ground floor conference facilities are not open to the general public without proper planning permission in accordance with policies: D3 and Env17 of the Islington Unitary Development Plan 2002.

14 Disabled Parking Spaces CONDITION: The 3 disabled parking spaces shown on drawing no. L003 Rev H hereby

approved shall be provided prior to the first occupation of the building and the disabled parking bays shall be appropriately line-marked and thereafter kept available for the parking of vehicles at all times. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: In the interest of ensuring the provision of an appropriate number and standard of disabled parking spaces in accordance with policy 4B.5 of the London Plan 2008.

15 Vehicle Entrance and Circulation CONDITION: The vehicular entrance and circulation space shown on drawing no. L003 Rev

H hereby approved shall be provided prior to the first occupation of the building and shall be kept free of obstruction thereafter. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: In the interest of vehicular and pedestrian safety in compliance with policies D3, T27 and T21 of the Islington Unitary Development Plan 2202.

16 Crossrail CONDITION: No construction work on any part of the development forming part of this

permission shall begin until detailed design and method statements for all the ground floor structures, foundations, basements and other structrures, including piling (both temporary and permanent), below ground level (the foundation works) which accommodate the:

a) proposed location of the Crossrail structures and tunnels; b) ground movemnet arising from the construction of the Crossrail structures

and tunnels; and c) effects of noise and vibration arising from the use of the running tunnels,

have been submitted to and approved in writing by the Local Planning Authority after consultation with Cross London Rail Links. All such works which form part of the design and method statemnet shall be completed in their entirety before any part of the building hereby permitted is occupied. REASON: To ensure that the resulting develeopment does not have an unacceptable impact and safeguards the implementation of Crossrail in accordance with policies: 3C.10 and 3C.13 of the London Plan 2008 and policy T55 of the Islington Unitary Development Plan 2002.

17 BREEAM CONDITION: Evidence confirming that the development achieves a BREEAM Bespoke of

no less than 'Excellent' shall be submitted to and approved in writing by the Local Planning Authority. The evidence shall be provided in the following formats and at the following times: a) a design stage assessment, supported by relevant BRE interim certificate(s), shall be

submitted at pre-construction stage prior to commencement of superstructure works on site; and

b) a post-construction assessment, supported by relevant BRE accreditation certificate(s), shall be submitted following the practical completion of the development and prior to the first occupation.

The development shall be carried out strictly in accordance with the details so approved and achieve the agreed rating(s). The development shall be maintained as such thereafter. REASON: In the interest of addressing climate change and to secure sustainable development in accordance with policies: 4A.1; 4A.2; 4A.3 and 4A.9 of the London Plan 2008 and policies: Env1 and Env2 of the Islington Unitary Development Plan 2002.

18 Land Contamination CONDITION: No development shall be commenced unless and until the following

assessment in response to PPS23 shall be submitted to and approved in writing by the Local Planning Authority: a) A land contamination investigation. Following the agreement to details relating to point a); details of the following works shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site: b) Any necessary remedial land contamination works arising from the land

contamination investigation. The development shall be carried out strictly in accordance with the investigation and any scheme of remedial works so approved and no change therefrom shall take place without the prior written consent of the Local Planning Authority. REASON: To safeguard the health and safety of future occupants as the site may be contaminated due to the previous use in accordance with PPS23 and policy 4A.33 of the London Plan 2008.

19 Fixed Plant CONDITION: The design and installation of new items of fixed plant shall be such that

when operating the cumulative noise level LAeq Tr arising from the proposed plant, measured or predicted at 1m from the facade of the nearest noise sensitive premises, shall be a rating level of 5dB(A) below the background noise level LAF90 Tbg. The measurement and/or prediction of the noise should be carried out in accordance with the methodology contained within BS 4142: 1997. REASON: To ensure that the operation of fixed plant does not impact on residential amenity in accordance with policy: 4A.20 of the London Plan 2008 and policies: D3; Env17 and H3 of the Islington Unitary Development Plan 2002.

20 Servicing Arrangements CONDITION: All service vehicle deliveries/collections/visits to and from the hotel hereby

approved must not take place outside hours of: Monday to Sunday - (07:00 - 23:00) REASON: To ensure that resulting servicing arrangements do not adversely impact on existing and future residential amenity in accordance with policies: 3C.18; 3C.23 and 3C.25 of the London Plan 2008 and policies: D3; T15; T21 and T55 of the Islington Unitary Development Plan 2002

21 Delivery Servicing Plan - TfL CONDITION: A delivery and servicing plan (DSP) detailing servicing arrangements

including the exact location, times and frequency shall be submitted to and approved in writing by the Local Planning Authority (in consultation with TfL) prior to the first occupation of the development hereby approved. The development shall be constructed and operated strictly in accordance with the details so approved, shall be maintained as such thereafter and no change therefrom shall take place without the prior written consent of the Local Planning Authority.

REASON: To ensure that the resulting servicing arrangements are satisfactory in terms of their impact on the free-flow of traffic and highways safety implications in accordance with policies: 3C.18; 3C.23 and 3C.25 of the London Plan 2008 and policies: D3; T15; T21 and T55 of the Islington Unitary Development Plan 2002.

22 Substation CONDITION: Detail of any substation including its location, acoustic specifications,

cladding/facing shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the development. The development shall be carried out strictly in accordance with the details so approved and maintained as such thereafter. REASON: In the interest of protecting amenity and to ensure that the Authority may be satisfied that any substation(s) does not have a harmful impact on the character and appearance of the building approved or the existing streetscene in accordance with policies: 4A.3; 4B.1; 4B.2; and 4B.8 of the London Plan 2008 and policies: D1; D3; and D4 of the Islington Unitary Development Plan 2002.

23 Sustainable Urban Drainage System CONDITION: Details of surface drainage works shall be submitted to and approved in

writing by the Local Planning Authority prior to any superstructure works commencing on site. The details shall be based on an assessment of the potential for disposing of surface water by means of sustainable drainage system in accordance with the principles as set out in Appendix F of PPS25 and London Plan policy 4A.14. The drainage system shall be installed/operational prior to the first occupation of the development. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: To ensure that sustainable management of water in accordance with PPG25, policy 4A.14 of the London Plan 2008 and policy Env39 of the Islington Unitary Development Plan 2002.

24 Rainwater Harvesting CONDITION: Details of the rainwater and/or grey water recycling system shall be submitted

to and approved in writing by the Local Planning Authority prior any superstructure works commencing onsite. The details shall also demonstrate the maximum level of recycled water that can feasibly be provided to the development. The development shall be carried out strictly in accordance with the details so approved and maintained as such thereafter. REASON: To ensure the sustainable use of water in accordance with policy: 4A.16 of the London Plan 2008 policy: Env39 of the Islington Unitary Development Plan 2002.

25 Combined Heat and Power and Associated Infrastructure CONDITION: Details of the Combined Heat and Power facility and infrastructure, which

shall provide for no less than 20 % total C02 reduction shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The details shall include:

a) location, specification, flue arrangement, operation/management strategy; and b) the method of how the facility and infrastructure shall be designed to allow for the

future connection to any neighbouring heating and cooling network The facility and infrastructure shall be operational / installed prior to the first occupation of the development hereby approved. The Combined Heat and Power facility and infrastructure shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: To ensure the Combined Heat and Power facility and infrastructure is provided appropriately and so that it is designed in a manner which allows for the future connection to a district system in accordance with policies: 4A.1; 4A.2; 4A.3; 4A.4; 4A.5 and 4A.6 of the London Plan 2008 and policies: Env1, Env2 and Env32 of the Islington Unitary Development Plan 2002.

26 Communal Boiler Connection to Future Network CONDITION: Details of how the communal boiler and associated infrastructure shall be

designed to allow for the future connection to any neighbouring heating and cooling network shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The agreed scheme shall be installed prior to the first occupation of the development hereby approved. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: To ensure the facility is provided appropriately and so that it is designed in a manner which allows for the future connection to a district system in accordance with policies: 4A.1; 4A.2; 4A.3; 4A.4; 4A.5 and 4A.6 of the London Plan 2008 and policies: Env1; Env2 and Env32 of the Islington Unitary Development Plan 2002.

27 Renewable Energy (20% Carbon Reduction) CONDITION: The renewable energy technologies, which shall provide for no less than 20%

on-site total C02 reduction as detailed within the ‘Sustainable Design & Energy Statement November 2008 Version 2’ prepared by Caldwell Consulting and , ‘Revised Sustainable Design & Energy Statement’ prepared by Caldwell Consulting Jan 2010 shall be installed and operational prior to the first occupation of the development. Details of the renewable energy technologies shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The details shall include: a) The resulting scheme, together with any flue/stack details, machinery/apparatus

location, specification and operational details; b) A management plan and maintenance strategy/schedule for the operation of the

technologies; c) A servicing plan including times, location, frequency, method (and any other details

the Local Planning Authority deems necessary); d) A noise assessment and air-quality assessment regarding the operation of the

technology; and Should, following further assessment, the approved renewable energy option be found to be no-longer suitable:

e) A revised scheme of renewable energy provision, which shall provide for no less than

20% onsite C02 reduction, shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site, the details shall also include a response to sub-points a) to d) above. The final agreed scheme shall be installed and operation prior to the first occupation of the development.

The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: In the interest of sustainable development and to ensure that the Local Planning Authority may be satisfied that C02 emission reduction targets by renewable energy are met in accordance with policies: 4A.4 and 4A.7 of the London Plan 2008 and policies Env1; Env2 and Env38 of the Islington Unitary Development Plan 2002.

28 Landscaping CONDITION: A landscaping scheme shall be submitted to and approved in writing by the

Local Planning Authority prior to any superstructure works commencing on site. The detailed landscaping scheme shall include the following details: a) a revised Access Statement detailing routes through the landscape and the facilities

it provides; b) hard landscaping: including ground surfaces, kerbs, edges, ridge and flexible

pavings, unit paving, furniture, steps and if applicable synthetic surfaces; and c) any other landscaping feature(s) forming part of the scheme. All landscaping in accordance with the approved scheme shall be completed / planted during the first planting season following practical completion of the development hereby approved. The landscaping and tree planting shall have a two year maintenance / watering provision following planting and any trees or shrubs which die within five years of completion of the development shall be replaced with the same species or an approved alternative and to the satisfaction of the Local Planning Authority. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. REASON: In the interest of biodiversity, sustainability, and to ensure that a satisfactory standard of visual amenity is provided and maintained in accordance with policies: 3D.14 and 4B.5 of the London Plan 2008 and policies: Env1; Env2; D3; D6 and D8 of the Islington Unitary Development Plan 2002.

List of Informatives:

1 S106 SECTION 106 AGREEMENT

You are advised that this permission has been granted subject to a legal agreement under Section 106 of the Town and Country Planning Act 1990.

2 Superstructure DEFINITION OF ‘SUPERSTRUCTURE’ AND ‘PRACTICAL COMPLETION’

A number of conditions attached to this permission have the time restrictions prior to

‘superstructure works commencing on site’ and/or ‘practical completion’. The Council considers the definition of ‘superstructure’ as meaning: the part of a building above its foundations. The council considers the definition of ‘practical completion’ to be: when the work reaches a state of readiness for use or occupation even though there may be outstanding works/matters to be carried out.

3 Materials

Materials produced for the development should be selected to be sustainably sourced and otherwise minimise their environment impact, including through maximisation of recycled content, use of local suppliers and by reference to the BRE’s Green Guide Specification.

RECOMMENDATION C That if members are minded to approve this proposal officers recommend that the following summary forms the reasons for grant to be published on the decision notice:

This proposal has been approved following consideration of all the relevant policies in the Development Plan (Unitary Development Plan 2002 and the London Plan 2008), Government Planning Policy Guidance/Statements and other material considerations. - This decision was made by the Members of the Planning Committee on the 11 October

2010. - The proposed land use is considered to be beneficial to the area and appropriate given

the site’s location in the Angel Town Centre and Central London. The new accommodation with associated facilities would create diverse and significant employment opportunities, improve Islington’s hotel offer and all the accommodation created would be of a high standard of design and appropriate layout. The development complies with policies: 2A.4; 2A.7; 3A.3; 3B.1; 3B.9; 3D.7; 5G.2; and 5G.5 of the London Plan 2008 and policies: E12; V1; V2; V5; Imp6 and Imp14 of the Islington UDP 2002, which seek to secure the appropriate land uses and mixture of uses for development sites.

- The new building is considered to be of high design integrity. The building is considered

to fit in well with its context and the façade and lower floor uses would allow for an improved engagement with the public realm. The building is not considered to impact on the character and appearance of the adjoining conservation area. The development is in accordance with PPS5, policies: 4B.1; 4B.2; 4B.3; 4B.8 and 4B.11 of the London Plan 2008 and policies: D1, D3, D4 and D5 of the Islington UDP 2002 which seek to secure buildings of a sympathetic and appropriate design, which preserve and/or enhance their context and do not have an adverse impact on the character and appearance of the adjoining conservation area.

- The proposal, subject to conditions, would provide for inclusive and convenient access

for all within the development. The development therefore complies with policies 4B.5 and 4B.6 of the London Plan and policies Env2, Env12 and D3 of the Islington UDP 2002 which seek to secure appropriate and inclusive designs for developments.

- The development is considered to achieve a good standard of sustainability and subject

to conditions would provide for an acceptable scheme of an energy efficient building.

The development is in line with policies 4A.1, 4A.2, 4A.3, 4A.4, 4A.5, 4A.6, 4A.7, 4A.9, 4A.10, 4A.11 and 4A.14 of the London Plan 2008 and policies Env32 and Env38 of the Council's Unitary Development Plan 2002 which seek to secure sustainable developments in the interest of mitigating climate change.

- The development, subject to conditions, would provide for appropriate servicing

arrangements, cycle provision and refuse/recycling enclosures. The scheme is not considered to adversely impact on the existing surrounding street network or access to on-street parking. The development is in line with policy 3C.22 of the London Plan 2008 and policies T4, T18, T21, T23, T34, T45, T52 and T55 of the Unitary Development Plan 2002, which seek to ensure that developments are appropriately planned in terms of their highway and transportation implications.

- Consideration has been given to the objections made regarding the impact on

neighbouring amenity of nearby properties (i.e. sunlight) and also regarding: the height, scale and appearance of the development. However, the objections are not considered to be of sufficient weight to outweigh the reasons for granting planning permission. As such, the development is in accordance with policy 4B.1 and 4A.20 of the London Plan 2008 and policies Env1, Env2, Env 17 and D3 of the Islington UDP 2002 which seek to ensure that new developments do not have an unacceptable impact on the streetscene or neighbouring land uses. The proposed development is subject to appropriate conditions which seek to facilitate the development and mitigate its potential impacts.

- Obligations and financial contributions have been secured towards environmental,

infrastructure and services required to facilitate and also mitigate potential impacts of the proposed development. The obligations and financial contributions are in line with the CIL, policies 3B.3 and 6A.4 of the London Plan 2008 and policies: Imp13 and Imp14 of the Islington Unitary Development Plan 2002, which seek to ensure that legal agreements and contributions are: reasonable; necessary; relevant to planning; and related to the development.

APPENDIX 2 – SITE PLAN

NOTE: Not to Scale – refer to submission drawings for scalable plans