Case 3309841

224-232 St John Street, Islington, London, EC1V 4QR

London Borough of Islington — appeal dismissed

Outcome
Dismissed
Decision date
13 December 2023
Authority
London Borough of Islington
Inspector
Burnham T
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor offices/R&D/light industry
Appellant
Paloma 11 (Office 1) Unit Trust
LPA reference
P2022/1942/FUL
ONS LPA code
E09000019
Jurisdiction
Transferred
Link status
Not Linked
Start date
14 March 2023

Summary AI

The appeal was dismissed due to the harm identified in relation to the living conditions of occupiers within 214-222 St John Street. The inspector considered that the benefits of the development did not outweigh this harm, and that the decision should be made in accordance with the development plan.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

224-232 St John Street, Islington, London, EC1V 4QR — London Borough of Islington — Appeal Decision Site visit made on 10 October 2023 by T Burnham BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 13 December 2023 Appeal Ref: APP/V5570/W/22/3309841 224-232 St John Street, Islington, London EC1V 4QR • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Paloma 11 (Office 1) Unit Trust against the decision of the Council of the London Borough of Islington. • The application Ref P2022/1942, dated 17 May 2022, was refused by notice dated 21 July 2022. • The development proposed is Proposed infill extensions to the existing building at first, second and third floors creation of additional set-back fourth and fifth floors to provide additional office floorspace (Class E), creation of external terraces at fourth and fifth floors, erection of acoustic enclosure for external plant area to the new fifth floor level, refurbishment and recladding of the existing building and associated works. Decision 1. The appeal is dismissed. Main Issues 2.

Page 1 · Chunk 1 Appeal Decision

224-232 St John Street, Islington, London, EC1V 4QR — London Borough of Islington — Appeal Decision The first main issue is the effect of the proposal on the living conditions of occupiers at 214-222 St John Street, 240 St John Street and 242-244 St John Street with regard to daylight and the occupiers of 214-222 St John Street and 242-244 St John Street with regard to sunlight. The second main issue is the effect of the proposal on the character and appearance of the Clerkenwell Green Conservation Area (the Conservation Area). 3. The evidence identifies that there is an existing permitted scheme at the site. The permitted scheme1 is described as ‘Proposed infill extensions to the existing building at first, second and third floors, creation of a fourth floor, creation of external terraces at fourth floor, erection of acoustic screening for external plant area above new fourth floor level, refurbishment and recladding of the existing building and associated works’. 4. One of the principal differences from that scheme to that before me is the addition of a partial fifth floor on the southern side of the building. There is nothing to indicate that this scheme could not be implemented and I afford the matter significant weight. 1 P2020/3542/FUL – 4 May 2022. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

224-232 St John Street, Islington, London, EC1V 4QR — London Borough of Islington — Appeal Decision Appeal Decision APP/V5570/W/22/3309841 Procedural Matters 5. The Islington Local Plan (ILP) was adopted on 28 September 2023, superseding the Development Management Policies Document (2013) and the Core Strategy (2011). 6. The policies of the new plan that are considered relevant have been placed before me. My decision needs to be made on the development plan in place at the time of my decision. Reasons Daylight/Sunlight 7. 214-222 St John Street sits closely to the south of the appeal site and is laid out in a similar ‘H’ shaped manner to it with parts of the building fronting St John Street, with the rear sections adjacent to Agdon Street with a central spine linking the two parts. 8. I have been provided with reports by the appellant on the effect of the proposal with regard to daylight and sunlight2. Broadly, many of the impacts in terms of daylight and sunlight on 214-222 St John Street, 240 St John Street and 242- 244 St John Street would be acceptable. Principally, this is the case because some adverse impact was clearly accepted when the permitted scheme was allowed.

Page 2 · Chunk 3 Appeal Decision

224-232 St John Street, Islington, London, EC1V 4QR — London Borough of Islington — Appeal Decision The additional adverse impacts associated with the scheme in the majority of cases have to be viewed within that context and I have not identified any significant adverse impact with regard to those issues. 9. However, there are particular rooms within 214-222 St John Street where differences from the permitted scheme to that before me would be notable. 10. These are rooms R5-R8 within the third floor. These windows/rooms have reasonable existing %VSC3’s respectively of 22.76, 27.89, 29.67 and 26.34. The permitted scheme would see those fall to 19.68, 23.89, 25.68 and 23.03. However, the scheme now before me would see those figures fall to 15.66, 18.98, 20.78 and 18.89. Therefore, each of those windows/rooms would suffer a further loss on the existing scheme of between 4% and 5%. 11. It is also the case that the third floor rooms R5, R6 and R7 perform poorly with regard to impacts of the proposal with regard to DD4. R5, R6 and R7 have room areas of 15.23m2, 16.66m2 and 16.27m2 with existing lit areas of 14.62m2, 16.19m2 and 16.21m2. As a result of the proposed scheme, the lit areas would reduce to 9.83m2, 10.13m2 and 10.08m2. 12.

Page 2 · Chunk 4 Appeal Decision

224-232 St John Street, Islington, London, EC1V 4QR — London Borough of Islington — Appeal Decision I appreciate that this building provides student accommodation and that occupants may change more quickly over time than with other types of accommodation. However, a student would use their room for far more than just overnight accommodation. Other uses would include study and relaxation and a student could end up spending large amounts of time within that room acting as their own private space acting as respite from the busy city environment. 2 Daylight & Sunlight Report for proposed development at 224-232 St John St London EC1V & Addendum Report on a Daylight & Sunlight Assessment for 224-232 St John Street. 3 Vertical Sky Component. 4 Daylight Distribution. https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 5 Appeal Decision

224-232 St John Street, Islington, London, EC1V 4QR — London Borough of Islington — Appeal Decision I appreciate that this building provides student accommodation and that occupants may change more quickly over time than with other types of accommodation. However, a student would use their room for far more than just overnight accommodation. Other uses would include study and relaxation and a student could end up spending large amounts of time within that room acting as their own private space acting as respite from the busy city environment. 2 Daylight & Sunlight Report for proposed development at 224-232 St John St London EC1V & Addendum Report on a Daylight & Sunlight Assessment for 224-232 St John Street. 3 Vertical Sky Component. 4 Daylight Distribution. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 6 Appeal Decision

224-232 St John Street, Islington, London, EC1V 4QR — London Borough of Islington — Appeal Decision Appeal Decision APP/V5570/W/22/3309841 13. I agree that the strict application of BRE guidance may not be appropriate to all surrounding sites and I note that a flexible approach is encouraged within the Framework5. 14. It is the case however that these rooms are likely to become gloomier and see an increased need for artificial lighting. I consider that this would have a significant adverse impact on the living conditions of future occupiers within those rooms even accounting for the permitted scheme. The proposal would therefore conflict with Policy PLAN1 of the ILP which amongst other things requires that a good level of amenity must be provided, including consideration of daylight. Conservation Area 15. The existing property, although apparently more modern in appearance from St John Street than some buildings on the street, appropriately replicates the scale and proportions of the larger often former industrial premises along St John Street, which also incorporates buildings of more modern appearance in any event. The building therefore makes a neutral contribution to the character and appearance and therefore significance of the Conservation Area. 16.

Page 3 · Chunk 7 Appeal Decision

224-232 St John Street, Islington, London, EC1V 4QR — London Borough of Islington — Appeal Decision The form, scale and layout of its buildings which provide mix and contrast of uses and scale within an evolving part of the city are defining features of its character and appearance. 17. The extension would have limited visibility from St John Street where the eye is principally drawn north and south along the street. Views are also likely to be limited from Seckforde Street where glimpsed and temporary views of the southern end of the building are further reduced by a street tree at the head of Seckforde Street. 18. Even within higher private views from the surrounding area to the front, the extensions would be set against the higher 214-222 St John Street. 19. To the rear, views up and down Agdon Street are very narrow by reason of the established tree planting. Within any views, including private views from properties on the other side of Agdon Street the extended property would be viewed against the existing rear element of 214-222 St John Street which is already higher than the main rear section of the appeal site. In views from Percival Street the extension would not appear inappropriate and would be framed by taller buildings to the south. 20.

Page 3 · Chunk 8 Appeal Decision

224-232 St John Street, Islington, London, EC1V 4QR — London Borough of Islington — Appeal Decision I note that the design guidelines6 suggest that no new extension will be permitted above five storeys, but the use of the word normally suggests there may be some limited occasions where this may be acceptable and I afford significant weight to the presence of the adjacent taller building. 21. Within that context, I have not identified any significant harm that would arise as a result of the plant which would be placed to the rear of the site and could be enclosed appropriately within that particular location and setting. 22. The building would be refurbished and re-cladded with brick to St John Street. Given the characteristics of the street and the existing frontage, I consider that the contribution of this frontage to the significance of the Conservation Area 5 National Planning Policy Framework 2023. 6 Islington Clerkenwell Green (CA01) Conservation Area Design Guidelines. https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 9 Appeal Decision

224-232 St John Street, Islington, London, EC1V 4QR — London Borough of Islington — Appeal Decision Appeal Decision APP/V5570/W/22/3309841 would be neutral as would the impact of the scheme as a whole. It follows that the impact of the proposal on the setting of other nearby heritage assets7 would be neutral. 23. I have paid special attention to the desirability of preserving or enhancing the character and appearance of the Conservation Area, which I consider the proposal would achieve. 24. There would therefore be no conflict with Policy DH2 of the ILP nor policies D3 and HC1 of the London Plan (2021). Amongst other things they seek to protect heritage assets with development within Conservation Areas required to conserve or enhance the significance of the area. I have not identified clear conflict with the Design Guidelines or Design Guide8. There would also be no conflict with the Framework with regard to this matter. Other Matters 25. I have paid special regard to the desirability of preserving the setting of nearby listed buildings. The main parties have not identified any harm with respect to these, and I have no reason to disagree. 26.

Page 4 · Chunk 10 Appeal Decision

224-232 St John Street, Islington, London, EC1V 4QR — London Borough of Islington — Appeal Decision I note that the proposal would see the level of office provision further improved here within a highly sustainable location above that associated with the permitted scheme providing some additional space for employment opportunity. I afford this matter only moderate weight however given the reasonably limited footprint of the top floor whilst acknowledging the approved scheme. 27. I note the design which would promote sustainability measures through the construction and building lifecycle and the provision of cycle parking spaces which would offer substantial encouragement to use more sustainable modes of transport. Planning Balance and Conclusion 28. The harm I have identified relating to the living conditions of occupiers within 214-222 St John Street would not be outweighed by any benefits of the development. 29. There is nothing to indicate that the decision should me made otherwise than in accordance with the development plan and I therefore conclude that the appeal should be dismissed.

Page 4 · Chunk 11 T Burnham

224-232 St John Street, Islington, London, EC1V 4QR — London Borough of Islington — T Burnham INSPECTOR 7 The Peasant & 328 St John Street, Grade II, 19, 20, 21, 22 & 23 Seckforde Street, 201 St John Street, Grade II, locally listed 221 St John Street & Liberty House. 8 Islington’s Urban Design Guide Supplementary Planning Document 2017. https://www.gov.uk/planning-inspectorate 4

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
Against appellant
¶11

The inspector identified that the proposed scheme would see rooms R5-R8 suffer a further loss of between 4% and 5% in terms of daylight, and that this would have a significant adverse impact on the living conditions of future occupiers, even accounting for the permitted scheme.

Character and appearance
Neutral
¶15

The inspector considered that the existing property appropriately replicates the scale and proportions of the larger often former industrial premises along St John Street, and that the extension would have limited visibility from St John Street and other surrounding areas.

Policies relied on

Reference Weight
PLAN1 of the ILP
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 13 December 2023 under the Open Government Licence.