Case 3320336

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG

London Borough of Tower Hamlets — appeal allowed

Outcome
Allowed
Decision date
1 December 2023
Authority
London Borough of Tower Hamlets
Inspector
Parker C
Procedure
Inquiry
Casework type
Planning Appeal
Type detail
Unknown
Development type
Unknown
Appellant
EID (General Partner) LLP
LPA reference
PA/21/02182
ONS LPA code
E09000030
Jurisdiction
Transferred
Link status
Not Linked
Start date
18 May 2023

Summary AI

The appeal is allowed, with planning permission granted for a hybrid planning application. The proposal would comply with the aims and objectives of Policy D.DH6 of the THLP and Policy D9 of the London Plan 2021.

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

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Page 1 · Chunk 0 by Mr Cullum Parker BA(Hons) PGCert MA FRGS MRTPI IHBC

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — by Mr Cullum Parker BA(Hons) PGCert MA FRGS MRTPI IHBC an Inspector appointed by the Secretary of State Decision date: 01 December 2023

Page 1 · Chunk 1 Lighterman House, 3 Clove Crescent, London E14 2BG

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — Lighterman House, 3 Clove Crescent, London E14 2BG  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 EID (General Partner) LLP against the decision of the Council of the London Borough of Tower Hamlets.  The application Ref PA/21/02182, dated 27 September 2021, was refused by notice dated 26 January 2023.

Page 1 · Chunk 2 Lighterman House, 3 Clove Crescent, London E14 2BG

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — Lighterman House, 3 Clove Crescent, London E14 2BG  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 EID (General Partner) LLP against the decision of the Council of the London Borough of Tower Hamlets.  The application Ref PA/21/02182, dated 27 September 2021, was refused by notice dated 26 January 2023.

Page 1 · Chunk 3 Lighterman House, 3 Clove Crescent, London E14 2BG

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — Lighterman House, 3 Clove Crescent, London E14 2BG The development proposed is described as ‘A hybrid planning application for: detailed planning application for works to include: demolition of existing buildings and structures and the phased erection of buildings, comprising: residential build to rent homes (use class c3); student accommodation and ancillary facilities (sui generis); flexible commercial floorspace (use class e); alterations to the listed dock wall and dock gardens to provide new pedestrian connections and improved access; alterations to the existing access road; associated improvements to streets, open spaces, landscaping and public realm; and provision of car and bicycle parking spaces and servicing spaces and other works incidental to the proposed development; and Outline planning application (all matters reserved) for the balance of the site for: demolition of existing buildings and structures; the phased erection of buildings for use as a data centre (use class b8), flexible creative workspace (use class e(g)), community space (class f2), and/or a swimming pool (class f2); and associated infrastructure; streets, open spaces, landscaping and public realm; car and bicycle parking spaces and servicing spaces; utilities including electricity

Page 1 · Chunk 4 Lighterman House, 3 Clove Crescent, London E14 2BG

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — Lighterman House, 3 Clove Crescent, London E14 2BG substations; and other works incidental to the proposed development.’

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 6 landscaping and public realm; and provision of car and bicycle parking spaces

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces https://www.gov.uk/planning-inspectorate Appeal Decision APP/E5900/W/23/3320336 and servicing spaces and other works incidental to the proposed development; and Outline planning application (all matters reserved) for the balance of the site for: demolition of existing buildings and structures; the phased erection of buildings for use as a data centre (use class b8), flexible creative workspace (use class e(g)), community space (class f2), and/or a swimming pool (class f2); and associated infrastructure; streets, open spaces, landscaping and public realm; car and bicycle parking spaces and servicing spaces; utilities including electricity substations; and other works incidental to the proposed development at Mulberry Place Town Hall, 5 Clove Crescent, and Lighterman House, 3 Clove Crescent, London E14 2BG in accordance with the terms of the application, Ref PA/21/02182, dated 27 September 2021, subject to the conditions set out in Appendix A. Procedural Matters 2. A Case Management Conference (CMC) was held at 10:00 on Thursday 20 July 2023 via MS Teams. The main parties were represented by advocates. 3. At the CMC the Local Planning Authority confirmed that it was no longer seeking to defend the second reason for refusal.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces This is due to taking into account part 3 of Local Plan Policy D.H2 and that the proposed mix of unit sizes within the development is, overall, acceptable and policy compliant. As such, the main parties agree that the second reason for refusal was not being pursued further. This position was confirmed in an agreed addendum to the Statement of Common Ground (SOCG) which is dated 4 August 2023. I have considered this in the Other Matters section of this decision. 4. On the Council’s Decision Notice, ‘Policy D.DH3’ is referred to. At the CMC, the main parties explained that this was a typographical error and the correct policy, which I have been provided with a copy of, is S.DH3. I have determined the appeal proposal in light of this correct policy. 5. An application for listed building consent (ref PA/21/02206/NC) for works to nearby Grade II listed buildings (principally in the form of the dock wall) was granted on 12 April 2023. Whilst works to the listed building are contained in the proposal description, this does not override any need for further listed building consent being required from the Local Planning Authority should this not already be consented. 6.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces An Environmental Statement (ES) was produced to accompany the planning application. The original submissions were also supplemented by additional documentation in early 2022, which together comprise the composite ES. 7. I am satisfied that these documents meet the requirements of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017. I have taken this environmental information, including the oral evidence given at the Inquiry, into account in my consideration of the appeal proposal. 8. I have also taken into account the mitigation measures proposed by the Appellant in their Summary of Mitigation set out in Chapter 18 of their Environmental Statement1. Given that these are deliverable against the use of planning conditions, obligations contained within the completed Section 106 legal agreement, and/or part of the embedded design, I am assured that the 1 CD1.24 https://www.gov.uk/planning-inspectorate 2

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Appeal Decision APP/E5900/W/23/3320336 proposal would not result in any significant adverse environmental effects in this instance. Main Issue 9. At the Inquiry, I set out that the main issues in this case were: (i) The effect of the proposed development on heritage assets and on the location more generally, and; (ii) The overall planning balance. Planning Policy 10. A number of policies were cited in the Local Planning Authority’s decision notice. Whilst the conclusion of this decision considers the development plan as a whole, it is nonetheless helpful to briefly set these out here. Tower Hamlets Local Plan 2031: Managing Growth and Sharing Benefits (THLP) (adopted 2020) 11. Policy S.DH1 indicates that development is required to meet the highest standards of design, layout and construction which respects and positively responds to its context, townscape, landscape and public realm at different spatial scales. This includes that developments must be of an appropriate scale, height, mass, bulk and form in its site and context, represent good urban design and ensure architectural language complements and enhances their immediate and wider surroundings. 12.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Policy S.DH3 sets out that proposals must preserve or, where appropriate, enhance the borough’s designated heritage assets in a manner appropriate to their significance. 13. Policy D.DH6 sets out criteria where tall buildings must demonstrate how they will be of a height and scale, mass and volume that are proportionate to their role, function and importance of the location in the local, Brough-wide and London context, and achieve exceptional architectural quality amongst others. In section 2, the Policy indicates that the development of tall buildings will be directed towards Tall Buildings Zone (TBZs) and must apply design principles. For Blackwall these are: a. Development heights should step down towards the edge of this cluster. b. The cluster must be subservient to and separate from the nearby Canary Wharf cluster and buildings should be of varying heights allowing sky views between them when viewed from the river or the Greenwich peninsula. London Plan 2021 14. Policy D1 sets out the London’s form, character and capacity for growth. This includes in the supporting text that the London Plan provides a policy framework for delivering ‘Good Growth’. 15.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Policy D4 refers to delivering good design requiring design codes, design scrutiny and maintaining design quality. https://www.gov.uk/planning-inspectorate 3

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Policy D4 refers to delivering good design requiring design codes, design scrutiny and maintaining design quality. https://www.gov.uk/planning-inspectorate 3

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Appeal Decision APP/E5900/W/23/3320336 16. Policy D9 sets out the London Plan policy for Tall Buildings. It sets out that Boroughs should determine if there are locations where tall buildings may be an appropriate form of development, that any such locations should be identified on maps in development plans, and that tall buildings should only be developed in locations that are identified as suitable in development plans. 17. Policy HC1 relates to heritage conservation and growth. This includes setting out the boroughs should, in consultation with Historic England, local communities and other statutory and relevant organisations, develop evidence that demonstrates a clear understanding of London’s historic environment. 18. Policy GG2 considers making the best use of land and sets out that to create successful sustainable mixed-use places that make the best use of land, those involved in planning and development must enable the development of brownfield land, particularly in Opportunity Areas, and prioritises sites which are well connected by existing public transport. National Planning Policy Framework (The Framework) 19. The Framework is an important material consideration.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces The following chapters are of specific relevance in this instance: Chapter 5 Delivering a sufficient supply of homes, Chapter 6 Building a strong, competitive economy, Chapter 11 Making effective use of land, Chapter 12 Achieving well-designed places and Chapter 16 Conserving and enhancing the historic environment. Reasons The Site and its context 20. In the agreed Statement of Common Ground (dated 17 July 2023, and addendum dated 4 August 2023) the main parties set out a description of the site and its surroundings. I also undertook site inspections on 31 August and 3 October 2023 to inform myself of the site and its context. 21. The appeal site is located at the western edge of the former East India Import Dock. It is occupied by Mulberry Place and Lighterman House; two post- modern office blocks built in the 1990s as part of the regeneration of the East India Docks. The site falls within the area now known as the ‘Republic Estate’ and is located within the Poplar Ward, to the east of the Poplar High Street Neighbourhood Centre. It is immediately north-east of the Blackwall Reach regeneration masterplan area. 22.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Access is achieved to the site by Clove Crescent and is bound to the north by the Former Financial Times Print Works (Grade II*) and associated car park, beyond which is the East India Dock Road (A13); to the east by Nutmeg Lane; to the south by Naval Row and further south, Aspen Way (A1261); and to the west by the Blackwall Tunnel northern approach (A102). To the north of the site is the Global Switch data centre campus. 23. Put simply, the proposal can be divided into four plots2. The proposed development seeks two towers on plots 1 and 2 comprising 150 residential units (Use C3) in plot 1, this would comprise 44 x 1 bedroom, 62 x 2 bedroom, 37 x 3 bedroom and 7 x 4 bedroom units, and 716 student bedrooms (use 2 As shown on drawing 10373-SHP-Z0-A-B5D9-G100-PL-XX-003 Revision P01, Republic Masterplan- Proposed Site Development Plots Plan https://www.gov.uk/planning-inspectorate 4

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Appeal Decision APP/E5900/W/23/3320336 sui generis) on plot 2. Plot 1 would have a max height of 102.3m AOD and plot 2 113.7m AOD.3 24. On plot 3 a new data centre (use class B8) would have an overall height of approximately 82.5m AOD to the flue zone and roughly 79.1m AOD to the max parameter roof4. Plot 4 would comprise a Studios Building with a maximum height of 33.8m AOD. 25. The appeal site is between Blackwall and East India DLR stations, in close proximity to the A12, A13 and Aspen Way and adjacent to a Cycle Superhighway. It has a PTAL (Public Transport Accessibility Level) of 3-4 reflecting moderate to good. 26. The southern and western edge of the Site are within the Naval Row Conservation Area (the CA) and contain the Grade II listed Dock Wall. There are a number of other listed structures within the surrounding area of the site, including the East India Dock Pumping Station (Grade II), the Embankment Wall, Railings and Steps of Naval Row (Grade II) and the Former Financial Times Print Works (Grade II*). To the east, beyond the office buildings known as the ‘Import and Export’ buildings, is the Saffron Avenue Pond which is a Site of Importance for Nature Conservation (SINC). 27.

Page 5 · Chunk 17 landscaping and public realm; and provision of car and bicycle parking spaces

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces The Site includes land in the CA, to the south and west of the Grade II Listed Dock wall. It is subject to the following designations: Isle of Dogs and South Poplar Opportunity Area; Archaeological Priority Area: Blackwall; Local Employment Location: Blackwall; Tall Building Zone (Blackwall Cluster); Flood Zone 2/3a; and Area of Substandard Air Quality. Heritage assets Conservation Area 28. The Naval Row Conservation Area (CA) is situated in the western part of the appeal site. The character of the CA is defined by the surviving structures associated with the historic port and shipbuilding activities of the 19th century5. In particular, running down its curved spine is the Grade II listed building of the perimeter wall of the East India Dock System. This wall is a dominant and imposing brick built, mainly Flemish bond, structure. The listed wall, together with the Grade II listed building known as the Pump House and other late C19th or early C20th buildings along Naval Row form an integral part of the character and appearance of the CA. 29.

Page 5 · Chunk 18 landscaping and public realm; and provision of car and bicycle parking spaces

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces The imposing height of the listed perimeter wall allows visitors to imagine an earlier age, when the East India Docks were an integral part of Britain’s and India’s maritime and trading history, with its purpose to discourage theft from the docks. I saw during my site inspections that the footpaths that run alongside the wall on both its inner concave (on the Clove Crescent side) and 3 SOCG, page 18 of 52, para 2.7 and table below that paragraph. 4 I note that the figure in the SOCG on page 19 of 52, reflect these figures, as does the POE of Mr Owen, page 45. These conflict with the figures provided in SOCG para 2.5 which indicate 56.8m AOD and 51.2m AOD respectively. The adjacent data centre to the north of the appeal site would have a height of around 56.8m AOD, and it is likely that the figures provided in SOCG para 2.5 are a typographical error. I have, therefore, continued to consider the proposal in light of the maximum height of the proposed data centre on the appeal site cited in the paragraph to this footnote, which reflects the heights presented to the Council’s Planning Committee when it made its decision.

Page 5 · Chunk 19 landscaping and public realm; and provision of car and bicycle parking spaces

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces 5 CD 3.26 LBTH Naval Row Conservation Area Appraisal and Management Guidelines (2007), page 5 of 17 https://www.gov.uk/planning-inspectorate 5

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces 5 CD 3.26 LBTH Naval Row Conservation Area Appraisal and Management Guidelines (2007), page 5 of 17 https://www.gov.uk/planning-inspectorate 5

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Appeal Decision APP/E5900/W/23/3320336 outside the concave (on the Naval Row side), allow visitors to glimpse into this bygone era. The significance of the CA mainly derives from the fact it is a fragment of an industrial and maritime past, being small and self-contained in its extent. With its significance principally lying in the fabric of the associated historic buildings and structures, which follow the curved linear form of the listed wall. 30. A majority of the developed proposed here would take place on the ‘inside’ area of the wall on Clove Cresent. The elements proposed to the ‘outer’ area side of the wall (which is where the conservation area is) include landscaping to encourage its use by all members of the community. I saw during my site visits that whilst the CA benefited from areas for peace and tranquillity it was relatively plain with rows of trees and crushed stone or shingle edges to paved paths, lined with streetlamps. There was an absence of areas of seating, and with the imposingly tall wall, the area would not be that conducive for many people, especially at night or during quieter times of day, to spend any length of time there. 31.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces The proposal would introduce new areas of landscaping within the CA. The images presented at the Inquiry, together with the existing public realm improvements between the Import and Export Buildings, suggest that the appearance of the CA would be considerably enhanced as part of the proposal. Whilst I note that there is a difference between artist’s impressions and final schemes, the exact details could reasonably be secured by condition. This would ensure that an enhancing landscaping scheme could be delivered – both in the CA and also on other parts of the site. 32. Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, as amended, (PLBCAA) sets out that special attention shall be paid to the desirability of preserving or enhancing the character or appearance of the area. In this case, neither main party considers that the proposal would fail to preserve or enhance the character of the CA. For the reasons above, I see no cause not to concur, and find that the proposal would preserve and enhance the character and appearance of the CA. 33. The Council have also raised concerns about harm to the setting of the CA as a designated heritage asset.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Interestingly, they did not raise concerns as to the setting of the listed dock wall, which forms a key element of the CA. I consider the setting of the listed building in the next part of this decision. 34. The glossary of the Framework sets out that setting of a heritage asset is: ‘The surroundings in which a heritage asset is experienced. Its extent is not fixed and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance or may be neutral.’ This definition is not dissimilar to that used in GPA 3 – The Setting of Heritage Assets6 and the approach indicated by Historic England. 35. In terms of the setting of the CA, the Council’s concerns revolve around two principal aspects; firstly that the proposal would detract from the prominence of the listed wall due to the proposal being dominant and intrusive, and 6 CD 3.30, HE GPA3 The setting of Heritage Assets 2nd Ed, (2017) https://www.gov.uk/planning-inspectorate 6

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Appeal Decision APP/E5900/W/23/3320336 secondly the effect on the historic connection between the appeal site and the CA and its assets including pedestrian connectivity7. 36. The existing setting of the CA can be characterised into two main parts: there is the CA side, bounded by the Blackwall Tunnel Approach on the west and the mainly four to five storey buildings on Naval Row to the south, and there are the buildings of Mulberry Place and Lighterman House8 towards the eastern and northern side of the CA. The proposed three buildings – the data centre, the residential, and the Purpose Built Student Accommodation (PBSA) – would all have a greater height than those of the existing buildings on the site. 37. As a result, the proposal would change the context of the CA and how it is experienced by visitors. From Clove Crescent, for example, no longer would visitors to the area be confronted by a rather uninspiring 1990s office buildings in the form of Mulberry Place and Lighterman House and the almost token area of grass and small tree landscaping between the dock wall and rear of these buildings, accessed via a visually unclear connection provided by the dark under croft arrangement under Lighterman House.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Instead, visitors would have clearer views to and from the eastern side of the Dock Wall through landscape grounds, as the two proposed residential/PBSA buildings would have narrower footprints opening these views up. In practical terms, this would help better reveal the significance of both the CA and the listed Dock Wall. 38. This revelation is further reinforced by the fact that on the other side of the wall, within the CA (on the western side of the wall), most of the buildings are of a considerably lower height and of a style that is contemporaneous to either the age of the Dock Wall or built during the period when the docks were still used as such. The use of tall buildings proposed within the former area of the dock would, therefore, provide a clear and obvious distinction between the areas within and without the CA. On the inside of the wall, between Lighterman House and Mulberry Place, there would be greater intervisibility between the inside area of the dock and the wall. 39. Future visitors will be able to appreciate the inside and outside areas of this part of the East India Dock.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces This distinction is not only created by the varying heights of buildings existing and proposed, but also through the curvature of the dock wall which reinforce the sense of enclosure on the eastern side. Visitors would still be able to appreciate the disproportionate scale of the wall in comparison to the height of an average human and understand the purpose that the height of the wall as a security structure for the dock played. This would be from both sides of the wall, and as one approaches it from a variety of angles. The increased visibility of the dock wall on the inner edge, as seen from Clove Cresent for example, would enable visitors to appreciate the significance of the wall (which is the main element of the CA visible from within the wall) and its historical importance in relation to the use of the wider area as a dock. 40. Taking into account all these various factors, I do not find that the proposal would result in any harm to the setting of the CA as a designated heritage asset.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Whilst the setting would be altered, given the proposal would open up 7 Document 14, LPAs Closing Submissions, pages 11-12, paragraphs 28 and 29 8 The Council’s Heritage witness considered that these buildings should be considered as non-designated heritage assets. See Proof of Evidence: Heritage by N Chakraborty, page 59 paragraph 7.41 https://www.gov.uk/planning-inspectorate 7

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Whilst the setting would be altered, given the proposal would open up 7 Document 14, LPAs Closing Submissions, pages 11-12, paragraphs 28 and 29 8 The Council’s Heritage witness considered that these buildings should be considered as non-designated heritage assets. See Proof of Evidence: Heritage by N Chakraborty, page 59 paragraph 7.41 https://www.gov.uk/planning-inspectorate 7

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Appeal Decision APP/E5900/W/23/3320336 areas inside the wall (to the north and east of the curve), I find that these would make a positive contribution to the significance of the asset in the form of the CA. Future generations would be able to experience the separation between the wall and other structures on its outer edge (to the west and south) reinforcing its historic security function to stopping unsavoury characters getting into the dock areas. Listed Buildings 41. Section 66(1) of the PLBCAA sets out that in considering whether to grant planning permission special regard should be had to the desirability of preserving the building or its setting. In this instance, neither main party suggests that the proposal would result in harm to the setting of the Listed Buildings on or near to the appeal site which include the Dock Wall (Grade II), the East India Dock Pumping Station (Grade II), the Embankment Wall, Railings and Steps of Naval Row (Grade II), and the Former Financial Times Print Works (Grade II*). 42.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Whilst not a reason for refusal, and not identified as an area of dispute in the agreed SOCG, the Council’s Heritage witness indicated that in their view the proposal would result in less than substantial harm to the East India Dock Wall, the East India Dock Pumping Station and the Embankment Wall, Railings and Steps9. 43. The settings of many of these listed buildings is not dissimilar to that of the CA. Their setting derives from factors such as visitors being able to see and appreciate the physical relationship between the dock wall, embankment wall and the pumping station and the historical use of the area. The proposal would not alter this relationship, and in some ways, through physical improvements to landscaping such as alongside the outer edge of the wall, are likely to encourage more people to understand this relationship. At the very least, an attractive public realm would not only pose the question in some people's minds as to what the dock wall is doing there, but also to appreciate the embedded value of the listed buildings rather than using the area as an interstitial space as appeared to be the current situation. 44.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces In terms of the Former Financial Times Print Works, this building is located to the north of the appeal site. It would be visually separated not only by distance but also by another data centre between that proposed in the appeal scheme and this listed building. The linkage between the industrial past represented when the print works building was used as such, and the modern industry derived from the data centres – both existing and proposed – means that the setting of that listed building would remain unaffected in terms of its significance. 45. In exercising my duty under s66(1) PLBCAA, I find that the proposal, at the very least, would preserve the setting of these listed buildings. Non-designated heritage assets 46. In the Proof of Evidence of the Council’s heritage witness, Ms Chakraborty10, it was suggested that ‘the buildings [Mulberry Place and Lighterman House], the 9 Proof of Evidence: Heritage by N Chakraborty, page 66, paragraphs 7.64 to 7.68 10 Proof of Evidence: Heritage by N Chakraborty, page 59, paragraph 7.41 and page 73, paragraphs 8.11 to 8.15 https://www.gov.uk/planning-inspectorate 8

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Appeal Decision APP/E5900/W/23/3320336 buried assets, the current ‘ribbon of water’ together with the masterplan layout, architecture and form of the buildings to be a non-designated heritage asset that contributes positively to the CA and setting of the listed buildings. Their significance is derived from their strong association with East India Company and 19th Century maritime trade and subsequent prosperity.’ 47. It is unclear as to why the buildings of Mulberry Place and Lighterman House, together with the masterplan layout, architecture and form of buildings are considered to be Non-Designated Heritage Assets (NDHA). They are, put simply, rather simple and plain early 1990s office buildings of limited architectural merit and interest. Little evidence has been submitted which demonstrates that the form, layout or materials of the two buildings provide any strong association with the East India Company or former dock use of the site. For example, it is not clear as to how the current ribbon of water and the layout of the buildings gain any historic representation from when the site was used as working docks. 48.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Put another way, it appears to be the case that the buildings are there but contribute very little to understanding the former use of the site as part of the docks infrastructure of East London. In doing so, I cannot conclude that these elements should be considered as NDHA in this instance. Their significance, if there is any, derives from the fact that they are there rather than being informed by the former use of the area. In doing so, they provide very little to assist the viewer today in terms of understanding the strong association of the appeal site with the East India Company as asserted by the Council’s Heritage witness. 49. In terms of buried assets, it is likely that many of the physical remains associated with the East India Dock use have been lost due to early developments such as the erection of Mulberry Place and Lighterman House in the 1990s, including the provision of underground parking areas. Nonetheless, any in situ remains from the use of the area as part of the East India Docks provide archaeological interest as it may hold evidence of past human activity worthy of expert investigation.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Given the former use of the appeal site and its important links with Britain’s, and indeed the world’s history, I concur that the archaeology or buried assets on or near to the appeal site should be considered as NDHA in this case. 50. However, I do not find that the proposal would harm the significance of any buried assets. In part this is due to the setting and physical and visual relationship between above ground heritage assets considered above. But it is also because the redevelopment of the site would allow schemes of investigation to be submitted and approved which would assist in better revealing the significance of any buried assets. This is a matter which could be reasonably secured through the use of a suitably worded planning condition. I do not, therefore, find that the proposal would result in any harm to the significance of buried assets as NDHA. Heritage Conclusion 51. As I have found that there would be no harm to heritage assets, there is no need here to balance the public benefits of the proposal against harm to heritage assets. Nevertheless, for the avoidance of doubt, the benefits in this https://www.gov.uk/planning-inspectorate 9

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Appeal Decision APP/E5900/W/23/3320336 case set out by Mr Carter in a helpful diagram11, are numerous and many weigh substantially in favour of the proposal. 52. In particular, the provision of affordable housing and data centre, and the provision of Build to Rent and PBSA would weigh very substantial to substantial in favour of the proposal. Given the qualitative and quantitative benefits from these factors, including the provision of residential accommodation in a city facing a housing crisis and the economic benefits arising from the data centre serving nearby world financial centres, I afford these benefits the same amount of weight in this case as suggested by the Appellant’s Planning Witness. 53. For the avoidance of doubt, had I agreed with the Council’s Heritage witness’s position that the proposal would result in less than substantial harm at the ‘mid-level’ to ‘lower end’12 of that scale to heritage assets, I find that these benefits, would have outweighed this heritage harm, even giving great weight to the asset’s conservation. 54.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces I therefore find, on heritage matters, that the proposal would accord with Policies S.DH1, S.DH3 and D.DH6 of the THLP and Policies D1, HC1 and GG2 of the London Plan 2021 insofar as they relate to heritage matters. It would also accord with national planning policies set out in Chapter 16 of the Framework. Tall buildings, Design and townscape Tall buildings 55. The main parties agree that the appeal site is located within the Tall Building Zone (Blackwall Cluster)13 (herein TBZ). In such locations, tall buildings are, by definition, an appropriate form of development as set out in Policy D9 of the London Plan and Policy D.DH6 of the THLP. Policy D.DH6 sets out that proposals must apply the design principles set out and have regard to the Tall Building Study 201814. Page 171 summarises that for Blackwall, ‘Development of tall buildings is considered appropriate in parts of Blackwall (towards the east) however this needs to be co-ordinated in order to enhance the sense of place…’. The appeal site is located to the east of the Blackwall ‘area’. 56.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Page 198 of the Tall Building Study 2018 sets out that ‘The centre of the Blackwall cluster will broadly extend between Blackwall and East India DLR stations located to either side of Aspen Way and helping to bridge the severance that this causes. Development heights will step down from this centre.’ Neither the THLP nor the Tall Building Study 2018 provide a visual representation of what the Blackwall Cluster means in practice – beyond indicating that it broadly extends between Blackwall and East India DLR stations. 57. At the Inquiry two interpretations of what the ‘Blackwall Cluster’ meant in geospatial terms were provided. Mr Reynolds, for the Council, indicated that his view was that the cluster was a linear cluster with Aspen Way acting as a central spine from broadly west to east15. Mr Owen, for the Appellant suggested that instead it is an oval ripple shape with the Blackwall and East 11 See Mr Carter’s POE, page 38 of 651 in pdf form, para 11.15, Figure 6 12 See Ms Chakraborty’s POE, page 66, para 7.65 and 7.67 13 Agreed SOCG dated 17 July 2023, para 2.9 14 CD 3.27 15 See Mr Reynolds POE, page 58, Figure 5.4 https://www.gov.uk/planning-inspectorate 10

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Appeal Decision APP/E5900/W/23/3320336 India DLR stations as the narrow ends of the innermost oval16. In both suggested ‘shapes’ to the Blackwall Cluster, the tallest building in the area – New Providence Wharf – lies outside what both main parties consider to be the cluster centre. 58. This is relevant here, as the design principles for the Blackwall Cluster set out that development heights should step down towards the edge of this cluster; yet the tallest building in the area is not at the centre of the cluster. Indeed, the centre of the cluster in both diagrams is formed by the road known as Aspen Way, which clearly is not a tall building. It is also possible to draw the polygon in any number of shapes and directions. For example, that used by Mr Reynolds has the central polygon (in darkest yellow) extending further to the east, whereas that used by Mr Owen extends further to the north. Neither of these diagrams are recognised by Policy or endorsed by the Council as to how the cluster should be defined. 59. Moreover, beyond the broad east-west axis of the Blackwall Cluster, there is little to explain what should be the extent of the Blackwall Cluster in northern and southerly directions between these two points.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces As such, it is a matter of reasoned planning judgement to determine whether or not the proposal would comply with planning policy and the design principles contained therein. 60. The design principles for the Blackwall Cluster are clear in that buildings should step down towards the edge, and that the cluster must be subservient to and separate from the nearby Canary Wharf cluster. Neither party disputes that the proposal complies with the latter part of the design principles. I see no reason to disagree given that the separation would be maintained in this case. 61. With regard to stepping down, neither party disagreed that the proposed data centre would be at the edge of the TBZ. Figure 4.20 of Mr Owen’s POE17 shows that on a north south axis looking westward the Blackwall Reach Block I would be around 127m AOD, the proposed Student Residential Building 113m AOD, the proposed Residential Building 102m AOD, the height of the data centre proposed is around 75m AOD (with flues potentially to 82m AOD). The next building in this sequence would be the East India Dock House data centre – which is outside the TBZ – with a hight proposed of 56m AOD.18 Beyond this is the Grade II* Former Financial Times Print Works.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Using this visual, it is clear that, in the main, the proposed buildings step down towards the edge of the cluster. 62. I note the buildings Station Square 38m AOD and Blackwall Reach Blocks N and O - 29m and 20m AOD respectively – would be situated between the Blackwall Reach Block I and the Student and Residential Buildings proposed. However, neither main party suggested that this meant that any building to the north of these would have to be lower than these heights. Indeed, such an outcome would be at odds with the aim of the TBZ policies which encourage Tall Buildings inside TBZs. 63. A two-dimensional approach to consideration of whether the proposal would accord with the design principals of Policy D.DH6 is limited. As an alternative, 16 See Mr Owens POE, page 21 17 Page 47 18 AOD Heights from Figure 4.2, Mr Owen’s POE, page 47 https://www.gov.uk/planning-inspectorate 11

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Appeal Decision APP/E5900/W/23/3320336 looking at the VU-City aerial view from north-west showing the application site (as existing) within the emerging context on page 46 of Mr Owen’s POE19, it is possible to see how the proposed buildings on the appeal site would step down towards the edge of the TBZ when shown in an angled bird’s eye view. 64. Whilst I note that the Council is concerned that the proposed towers are too tall for their context and conflict with the emerging shape of the Blackwall Cluster20, the THLP fails to identify appropriate tall building heights as required by Policy D9 of the London Plan. Furthermore, the Council was unable to articulate what height would be acceptable in this location. 65. Given the reasoning above, it is clear that the proposal would represent tall buildings in a TBZ where tall buildings are encouraged to be developed within; it would be located between the Blackwall and East India DLRs and as such in the location of the Blackwall Cluster as indicated in the Council’s Tall Building Study 2018 and planning policy; and it would step down to the edge of the cluster and comply with the design principles contained within Policy D.DH6.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Taken in the round, I therefore find that the building heights proposed would comply with the aims and objectives of Policy D.DH6 of the THLP and Policy D9 of the London Plan 2021. Design and Townscape 66. Policy D.DH6 requires that tall buildings must demonstrate how they will achieve exceptional architectural quality. The Council had concerns with the lack of expression or sub-division of the tall buildings21 and the overall design, bulk and scale proposed. In particular, that the residential and student residential buildings fail to have the top, shaft and base elements as set out in the Tall Buildings Study 2018, Figure 7.10. I disagree. 67. It is clear from the various visualisations and the submitted drawings, that the two residential towers would have tops, middles, and bottoms. This is achieved through a combination of having a wide base with colonnade style entrances, stepped open living levels part way up the towers, and thereafter the towers narrow which runs through to their tops. The differences are not only in their physical form, but also attained through the articulation of form achieved through techniques such as subtle changes in the pattern of materials above and below the open living floor levels.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces 68. In terms of the data centre, the Council explained that its concerns revolved around massing and bulk of the data centre at Plot 322. Whilst acknowledging that data centres are typically decorated boxes as suggested by CADAP, it is possible to reasonably use planning conditions to inform and agree a final design. Such conditions have been suggested by the main parties. Given the sensitivity of the site adjacent in this location to the listed wall and conservation area such conditions would be reasonable and necessary in this case. 69. On the basis of the evidence before me, it is clear that there are a number of ways in which elevations of the data building can be presented in order to 19 Page 46, Figure 4.19 20 Closing Submissions on behalf of the Local Planning Authority, Page 17, para 45 21 See Mr Reynolds POE, page 53, paras 5.2.4 to 5.2.6 22 Closing Submissions on behalf of the Local Planning Authority, Page 20, para 55 https://www.gov.uk/planning-inspectorate 12

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Appeal Decision APP/E5900/W/23/3320336 respect the history (through the use of sculptural forms on the facades) and/or improve the aesthetics (though the use of green living walls) of the wider area. Furthermore, in terms of the mass and bulk of the data centre, it would not be dissimilar to the nearby London East (Global Switch House)23 which is demonstrative of the changing character of the area from its former dock use to an office area through to it now being a hub for data centres serving the international financial centres of Canary Wharf and the City of London. There is little evidence before me that demonstrates that the mass and bulk of the proposed data centre, which has space and height requirements partly dictated by its intended use, is unacceptable in design terms. Where such limited conflicts might arise, this could be addressed and mitigated by suitably worded planning conditions. 70. Similarly, whilst I note the Council’s position that the proposal would not represent high quality design in relation to townscape impact, I have found that this would not be the case for the aforesaid reasons.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Whilst the proposal would result in a change to the character of the wider area, this would not be an adverse impact as suggested by the Council. The proposal would respond to its context through high quality building and space designs. These are positive impacts which would be beneficial in both townscape and visual impact terms. 71. I note the fact that the HTVIA identifies major-moderate effects in respect of views 8 and 924. The Local Planning Authority considers that the proposal does not represent high quality architecture and the bulk of the data centre would be prominent in both of these views, resulting in an adverse effect in visual impact terms25. To the contrary, the Appellant indicates that this major-moderate effect would be beneficial. Given my considerations of the proposed design above, I have found that it would be of a high quality and the final appearance of the data centre could reasonably be controlled by planning condition. As a consequence I find that the proposal would respond positively to its immediate surroundings and context, and not give rise to townscape harm or adverse visual effects. 72.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces I therefore find that the proposal would accord with Policies D.DH6 and S.DH1 of the THLP and Policies D1, D4, D9 and GG2, of the London Plan 2021, which, amongst other aims, seek the best use of land and the highest standards of design, layout and construction, as supported by the Isle of Dogs and South Poplar Opportunity Area Planning Framework 2019. 73. The proposed development would also accord with the Policies set out in Chapter 12 of the Framework, including Paragraph 126, which indicates that the creation of high quality, beautiful and sustainable buildings and places is fundamental to what the planning and development process should achieve. Also Paragraph 130, which sets out that planning decision should ensure that developments are visually attractive as a result of good architecture, layout and appropriate and effective landscaping. Other Matters 23 Mr Owen’s POE, page 46, Figure 4.19 24 CD1.43, HTVIA, paras 8.104 and 8.117 25 Closing Submissions on behalf of the Local Planning Authority, Page 23, para 65 and 66 https://www.gov.uk/planning-inspectorate 13

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Appeal Decision APP/E5900/W/23/3320336 Housing mix 74. Policy S.H1 of the THLP sets out that in meeting housing needs in the Borough, the Council will secure at least 58,965 homes between 2016 and 2031. Policy D.H2 of the THLP sets out the plan’s policy in respect of affordable housing and housing mix. In particular, this sets out that development is required to provide a mix of unit sizes in accordance with outlined parameters. Policy H10 of the London Plan 2021, relating to housing sizer mix, sets out that decision-makers should have regard to, amongst others, robust local evidence of need and the requirement to deliver mixed and inclusive neighbourhoods. 75. The proposal seeks residential accommodation and purpose-built student accommodation. This would consist of 150 residential units comprising 44 x 1 bed, 62 x 2 bed, 37 x 3 bed and 7 x 4 bedrooms flats. It would also consist of 716 student accommodation units. 76. As noted in the procedural matters, this issue is no longer contested between the main parties.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Furthermore, the Greater London Authority (GLA) Stage II report notes that ‘the proposed housing size mix is considered acceptable in strategic planning terms, taking into account the site location, density, type and tenure of housing proposed and noting the range of factors set out in London Plan Policy H10’26. 77. With regard to Affordable Housing, the main parties agree with Paragraph 7.60 of the Officer’s Report which stated: ‘In conclusion, the affordable housing provision is welcomed and supported by Officers and the proposal is therefore considered to provide a policy compliant level of affordable housing contributing to the Borough’s much needed affordable housing stock consistent with the requirements of Local Plan and national planning policy.’27 78. Having carefully considered the evidence before me, I see no reason to not concur with the agreed position of the main parties. Accordingly, I find that the proposal would provide a residential tenure mix which would positively contribute towards the creation of mixed and balance communities that respond to local and strategic needs.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces As such, I find that the proposal accords with Policies S.H1 and D.H2 of the THLP and Policy H10 of the London Plan 2021, which seek the aforesaid aims. 79. It would also accord with the Policies of the Framework set out in Chapter 5, which, amongst others, include Paragraph 60, which states: To support the Government’s objective of significantly boosting the supply of homes, it is important that a sufficient amount and variety of land can come forward where it is needed, that the needs of groups with specific housing requirements are addressed and that land with permission is developed without unnecessary delay. Representations by interested parties 80. I note that a handful of objections have been received. In the main, these raised concerns over the lack of open spaces, the lack of parking, increase in traffic movements, and the obstruction of views and overall design. 26 As set out in the agreed SOCG, paragraph 1.10 27 Agreed SOCG, paragraph 2.40 https://www.gov.uk/planning-inspectorate 14

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Appeal Decision APP/E5900/W/23/3320336 81. I have considered design, townscape and landscaping matters above, and do not find that these provide justification for the dismissal of the appeal. Moreover, whilst views will change from and to the appeal site, these changes would be in a way that aligns with development supported in the TBZ. The proposal would provide enhanced areas of open space on both sides of the listed wall. 82. In terms of traffic movements and parking, the site is located a very short walk to the stations of both Blackwall and East India DLR. There are also a number of bus stops and part of a national cycle highway nearby to the site. These facts would encourage future residents, workers and visitors to travel to the site by public transport. There is also an obligation, secured by a legal agreement, which requires that the development is car-free. As such, whilst I note the concerns raised by interested parties, I do not find that they provide justification, whether individually or cumulatively, for the dismissal of the appeal. Planning Obligations 83.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces The Framework, at Paragraph 57, and Community Infrastructure Levy (CIL) Regulations set out that planning obligations must only be sought and be considered as a reason for granting planning permission where they meet the following tests: a) necessary to make the development acceptable in planning terms; b) directly related to the development; and c) fairly and reasonably related in scale and kind to the development. 84. A completed Unilateral Undertaking under Section 106 of the TCPA was signed and dated on 5 October 2023 by the Local Planning Authority and the Appellant. The Council set out in a CIL Compliance Statement dated 27 September 2023 as to why the contributions were sought and how they meet the tests set out in CIL Regulation 122(2). 85.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces The CIL Compliance Statement set outs the reasons why the S106 agreement secures monies for Carbon Offsetting, Construction Phase and End User Phase Employment and Training Contributions, Development co-ordination and Integration Contribution, and the securing of Purpose Built Student Accommodation (PBSA), Affordable Housing, Affordable Student Accommodation and Early Stage Viability Review, Wheelchair Housing, Car Free Development, Local Goods and Services, Employment, Training and Construction, Travel Plans, Code of Construction Practice (CoCP), Architect Retention and Design Certification, Affordable Workspace, Blue badge spaces, Build to Rent, and a Wayfinding Strategy. 86. In considering these, as set out in the submitted s106, I find that they are necessary to make the development acceptable in planning terms, directly related to the development, and fairly and reasonably related in scale and kind to the development. As such the s106 should be taken into account as a reason for granting planning permission. Conditions https://www.gov.uk/planning-inspectorate 15

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Appeal Decision APP/E5900/W/23/3320336 87. Before the end of the Inquiry, the main parties submitted a list of 54 suggested planning conditions. I have taken these into account in light of Paragraph 56 of the Framework and the guidance on the use of Planning Conditions set out in the national Planning Practice Guidance. Where appropriate and to aid clarity and precision, I have made minor typographical changes to the suggested conditions, but this does not alter their overall aims. 88. During the round table session to discuss potential conditions, the Appellant confirmed agreement to the use of those conditions which require pre- commencement actions in accordance with section 100ZA of the Town and Country Planning Act 1990, as amended. 89. In addition to the standard time limit, a condition setting a time limit for reserved matters applications and a condition listing the approved plans are necessary in the interests of certainty. For similar reasons, a condition requiring the development to be carried out in accordance with the mitigation measures set out in Chapter 18 of the submitted Environment Statement is necessary and reasonable to ensure that these are satisfactorily carried out. 90.

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MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces A condition restricting permitted development rights is necessary to ensure an appropriate mix of uses. Conditions relating to noise from plant (including superstructure works), noise mitigation measures, solar glare, wind assessment, demolition and environmental management plan, demolition and construction activities, the submission and agreement of a Construction Environmental Management Plan, a Demolition Logistics Plan, a Construction Logistics Management Plan, contamination site investigation, and light pollution assessment, are necessary and reasonable in order to safeguard the living conditions of nearby and future occupiers. 91. A condition restricting development near to strategic water mains is necessary and related to the development to ensure that such water supply remain flowing. Similarly, a condition requiring water efficiency calculator to be submitted is necessary to ensure that water supply infrastructure has sufficient capacity. The submission of a Piling Method Statement is necessary to minimise and prevent the potential for any damage to subsurface sewerage infrastructure. 92.

Page 16 · Chunk 55 landscaping and public realm; and provision of car and bicycle parking spaces

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces A condition requiring a construction methodology for the erection and operation of any cranes on the site is necessary in order to safeguard London City Airport flight operations. 93. A condition requiring a Written Scheme of Investigation is relevant to planning and the development to be permitted as there is potential for archaeology on the site which requires investigation and recording. Securing a scheme of Heritage Interpretation, helping explain the heritage of the East India docks and area, by condition is reasonable and necessary to better reveal the significance of the various heritage assets on and near to the appeal site. 94. Conditions requiring all non-road mobile machinery (NRMM) to comply with specific requirements and Dust management and PM10 Monitoring during demolition and construction are necessary in order to manage and prevent any further deterioration of low quality air across London. Similarly a condition requiring full details of mechanical ventilation is necessary in order to safeguard future residents from air pollution. https://www.gov.uk/planning-inspectorate 16

Page 17 · Chunk 56 landscaping and public realm; and provision of car and bicycle parking spaces

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Appeal Decision APP/E5900/W/23/3320336 95. Conditions requiring samples and agreement of materials, site wide landscaping, detailed landscaping plans, tree protection, tree planting, and relating to Play space and amenity space (including a Communal Amenity and Play Spaces Access Management Plan) are reasonable to ensure that the delivered scheme would positively enhance the character and appearance of the area for both future residents, workers and visitors alike. 96. Conditions requiring that the development is carried out in accordance with the Fire Statement Form and Fire Strategy Report, the submission of a Fire Statement for each reserved matters application, and the submission of an updated Fire Strategy for written approval are necessary and reasonable to ensure that fire safety is assessed at all stages of the development and to accord with Policy D12 of the London Plan 2021. 97. Biodiversity mitigation and enhancements secured by condition is necessary in order to ensure an overall improvement in biodiversity in line with the Local Biodiversity Action Plan and Policies G5 of the London Plan 2021 and D.ES3 of the THLP.

Page 17 · Chunk 57 landscaping and public realm; and provision of car and bicycle parking spaces

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Conditions relating to an Aquatic Mitigation Strategy and nesting birds are necessary and enforceable to ensure that biodiversity on the site is protected and enhanced. 98. To minimise the risk of flooding and protect water quality and healthy living a condition requiring details of a Sustainable Urban Drainage Scheme (SUDS) is necessary. Details of security measures to ensure Secured by Design principles are implemented are necessary to accord with Policies D11 of the London Plan 2021 and D.DH2 of the THLP. 99. The submission of a Cycle Parking Management Plan and a Car Parking Management Strategy are necessary in order to encourage the use of sustainable transport modes and reduce the need for car travel. A condition requiring the submission of a Deliveries and Servicing Plan is necessary in order to manage any impact on the local road network. 100. Conditions relating to the circular economy, whole life cycle, energy and sustainability, and waste management plan are necessary to ensure high levels of sustainable design and construction are secured, to reduce carbon dioxide emissions and encourage recycling by future occupiers of the proposed buildings. 101.

Page 17 · Chunk 58 landscaping and public realm; and provision of car and bicycle parking spaces

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Conditions requiring a baseline radio impact survey to be submitted and approved, and a Tower Crane Method Statement are necessary to ensure that the proposal does not adversely impact the existing operation of the nearby Docklands Light Railway Line. 102. Conditions requiring the inclusion of at least one green wall and that the façade of the data centre building integrate references to the site’s maritime history are necessary, reasonable and related to the proposal to ensure that these specific elements are included in the final design. Planning Balance and Overall Conclusion 103. The proposed development would not result in any harm to heritage assets. It would consist of tall buildings located in a TBZ, which would accord with the design principal of stepping down towards the edge of the cluster. The proposed design of the buildings and the landscaping of the area around them https://www.gov.uk/planning-inspectorate 17

Page 18 · Chunk 59 landscaping and public realm; and provision of car and bicycle parking spaces

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces Appeal Decision APP/E5900/W/23/3320336 are of a high quality, which would have a positive effect on the character and appearance of the area, including its townscape, and on future residents, workers and visitors. 104. It would also provide much needed affordable housing and PBSA in a context of a housing crisis in London. It would also provide data centre facilities which would benefit nearby world financial and business centres. Given the importance of this to the UK economy, this would be a benefit that would disperse from the local economy to the wider national one. Both of these benefits are afforded very substantial weight in favour of the proposal. 105. There would also be a number of other benefits arising from the proposal, including improvements to the public realm, the provision of affordable workspace and creation of jobs, the provision of SME workspace, the provision of community facilities and also benefits to health and well-being. These all weigh moderately to substantial in favour of the proposal. 106.

Page 18 · Chunk 60 landscaping and public realm; and provision of car and bicycle parking spaces

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — landscaping and public realm; and provision of car and bicycle parking spaces When considered as a whole, I find that the proposal would accord with the adopted development plan for the area, and there are no material considerations indicating a decision otherwise than in accordance with it. 107. For the reasons given above, and taking into account all environmental information before me, I conclude that the appeal should be allowed subject to the imposition of the planning conditions set out in Appendix A.

Page 18 · Chunk 61 C Parker

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — C Parker INSPECTOR https://www.gov.uk/planning-inspectorate 18

Page 18 · Chunk 62 C Parker

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — C Parker INSPECTOR https://www.gov.uk/planning-inspectorate 18 Appeal Decision APP/E5900/W/23/3320336 APPEARANCES FOR THE LOCAL PLANNING AUTHORITY: Daisy Noble, Barrister Instructed by Ian Austin, LBTH Lawyer She called Nairita Chakraborty IHBC RTPI Heritage [BA (HONS) M.SC] Paul Reynolds BA(Hons) PGDip Design and townscape MA CMLI UDGRP FRSA Sally Fraser BSc (Hons) MA Planning FOR THE APPELLANT: Russell Harris KC Instructed by Tom Rowberry of Pinsent Masons Anjoli Foster, Barrister They called Dr Chris Miele IHBC MRTPI Heritage and townscape Nick Owen BA (Hons) BArch Design and townscape RIBA Julian Carter BA (Hons) DipTP Planning MRTPI ROUNDTABLE DISCUSSIONS ON CONDITIONS AND OBLIGATIONS: For the LPA: Astrid Patil Senior Planning Lawyer, LBTH For the Appellant: Tom Rowberry Senior Associate, Pinsent Masons https://www.gov.uk/planning-inspectorate 19

Page 20 · Chunk 63 C Parker

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — C Parker Appeal Decision APP/E5900/W/23/3320336 DOCUMENTS SUBMITTED AT THE INQUIRY 1 List of appearance of the Appellant 2 Appellant’s opening submissions 3 Opening on behalf of the Local Planning Authority 4 Errata of Dr Miele dated 26 September 5 Planning Practice Guidance – Historic Environment – Last updated 23 July 2019 version 6 Report of the Corporate Director of Place Strategic Development Committee of 19th October 2022 7 Minutes of Strategic Development Committee held at 6:30pm on Wednesday 19th October 2022 8 CIL Compliance Statement dated 27th September 2023 9 s106 Mulberry Place draft issued to PINS 27_09_2023 10 Agreed Conditions 11 Not agreed conditions 12 Final list of suggested conditions with 54 conditions submitted 3 October 2023 13 Written confirmation by Appellant of any pre-commencement conditions imposed stated in Document 12 14 Closing Submissions on behalf of the Local Planning Authority 15 Appellant’s Closing Submissions Document 16: With the agreement of the main parties at the Inquiry, a completed, signed and dated (5 October 2023) version of the s106 was submitted to the Inspectorate on Friday 5 October.

Page 20 · Chunk 64 C Parker

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — C Parker This was based on an uncompleted version that informed the roundtable discussion on Planning Obligations at the Inquiry. https://www.gov.uk/planning-inspectorate 20 Appeal Decision APP/E5900/W/23/3320336

Page 21 · Chunk 65 1. Time limit – Detailed phase

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 1. Time limit – Detailed phase The detailed phase hereby permitted shall begin no later than 3 years from the date of this permission.

Page 21 · Chunk 66 2. Time limits – Outline phases

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 2. Time limits – Outline phases Prior to the commencement of development in respect of the outline Plot 3 (Data Centre), outline Plot 4 (Studios) or outline Plot 6 (Landscaping) as applicable (with the exception of demolition, ground and enabling work which for the avoidance of doubt form part of the detailed phase), all applications for the approval of reserved matters (being scale, layout, appearance, access and landscaping) in respect of the relevant outline Plot shall be submitted to, and approved in writing by, the Local Planning Authority, before the following: i The first application for reserved matters shall be made within 3 years from the date of this permission. ii The final application for reserved matters shall be made within 5 years from the date of this permission. iii The outline Plots shall commence no later than two years from the approval of the final Reserved Matters application in relation to each Plot. The development shall be carried out only in accordance with the details so approved.

Page 21 · Chunk 67 3. Compliance with approved drawings

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 3. Compliance with approved drawings The development hereby permitted shall be carried out in accordance with the approved drawings listed in the schedule to this decision.

Page 21 · Chunk 68 4. Environmental Statement Mitigation Measures

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 4. Environmental Statement Mitigation Measures The development hereby approved shall be carried out only in accordance with the mitigation measures set out in the ‘Environmental Statement Volume I Chapter 18: Summary of Mitigation’, unless otherwise approved in writing by the Local Planning Authority (provided that any such alternative measures do not lead to there being any significant environmental effects other than those assessed in the Environmental Statement).

Page 21 · Chunk 69 5. Restrictions on permitted development

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 5. Restrictions on permitted development The building comprised in the outline Studios phase shall be used for purposes falling within Class E(g) (business); Class F2 (b), (c) and (d) (Local Community) of the Town and Country Planning (Use Classes) Order 1987, as amended, and for no other purposes (including any other use within Class E or Class F2), without the prior permission of the Local Planning Authority.

Page 21 · Chunk 70 6. Restrictions on demolition and construction activities

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 6. Restrictions on demolition and construction activities Unless otherwise specified by a s61 Consent granted under the Control of Pollution Act 1974, demolition, building, engineering or other operations associated with the construction of the development (including arrival, departure and loading and unloading of construction vehicles): https://www.gov.uk/planning-inspectorate 21

Page 21 · Chunk 71 6. Restrictions on demolition and construction activities

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 6. Restrictions on demolition and construction activities Unless otherwise specified by a s61 Consent granted under the Control of Pollution Act 1974, demolition, building, engineering or other operations associated with the construction of the development (including arrival, departure and loading and unloading of construction vehicles): https://www.gov.uk/planning-inspectorate 21

Page 22 · Chunk 72 6. Restrictions on demolition and construction activities

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 6. Restrictions on demolition and construction activities Appeal Decision APP/E5900/W/23/3320336 a) Shall be carried out in accordance with the Tower Hamlets Code of Construction Practice 2023, or any document revising or replacing that. b) Shall only be carried out within the hours of 08:00 and 18:00 Monday to Friday. Saturday works shall only commence if a s61 agreement is signed and agreed by the Local Planning Authority which clearly sets out the hours in which works can take place on Saturdays. c) No works shall take place on Sundays and Bank or Public Holidays. d) Ground-borne vibration shall not exceed 1.0mm/s Peak Particle Velocity (PPV) at residential and 3.0mm/s PPV at commercial properties neighbouring the site. e) Noise levels measured 1 metre from the façade of any occupied building neighbouring the site shall not exceed 75dB(A) at residential and commercial properties, and 65dB(A) at schools and hospitals (LAeq,T where T = 10 hours Monday to Friday and 5 hours for Saturday).

Page 22 · Chunk 73 7. Thames Water – within 5m of strategic water mains

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 7. Thames Water – within 5m of strategic water mains a) No construction shall take place within 5m of any strategic / trunk water main unless otherwise agreed upon in writing by the Local Planning Authority. b) Prior to the commencement of each Plot, details relating to any intended diversion of the water main/ alignment of the development associated with the relevant Plot to prevent damage to subsurface potable water infrastructure, shall be submitted to and approved in writing by the local planning authority in consultation with Thames Water. Any construction must be undertaken only in accordance with the terms of the approved information. c) Unrestricted access must be available at all times for the maintenance and repair of the water main during and after the construction works.

Page 22 · Chunk 74 8. Inclusive Access Standards for Residential Units

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 8. Inclusive Access Standards for Residential Units a) No less than 10% of the Class C3 dwellings (15 dwellings) hereby approved shall meet Building Regulation requirement M4(3) - wheelchair user dwellings. The five wheelchair user dwellings approved within the low-cost rented tenure (London Affordable Rent and Tower Hamlets Living Rent) shall meet M4(3)(2)(b) ‘wheelchair accessible dwellings’. All other wheelchair user dwellings shall meet M4(3)(2)(a) ‘wheelchair adaptable dwellings’. b) The remaining Class C3 dwellings shall meet Building Regulation requirement M4(2) ‘accessible and adaptable dwellings’; and shall remain fitted out as such for the lifetime of the development. c) None of the dwellings identified in part a) shall be fitted out with internal partitions or shall be subject to any construction works other than shell or core, until details of their location and layout have been submitted to, and approved in writing by, the Local Planning Authority. The details shall include floor plans at 1:50 scale and full details of fixtures and fittings including ceilings hoists, floor gullies, automatic doors and communal entrances and any other reasonable adaptations required to meet M4(3)(2)(b) and M4(3)(2)(a) - as relevant.

Page 22 · Chunk 75 8. Inclusive Access Standards for Residential Units

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 8. Inclusive Access Standards for Residential Units The dwellings shall be constructed and fitted out only in compliance with the details so approved, prior to first occupation of the units and shall retained as such for the lifetime of the development. d) Any lifts shown on the approved drawings of Plots 1 and 2 shall be installed and in operation prior to first occupation of the relevant core. The lifts shall be retained and maintained in operational condition for the lifetime of the development.

Page 22 · Chunk 76 9. Noise from Plant

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 9. Noise from Plant Any mechanical plant and equipment within the development shall be designed and maintained for the lifetime of the development so that the rating level of noise does not exceed the typical measured background noise level (LA90, T) without the plant in operation as measured one metre from the nearest affected window of a habitable room in https://www.gov.uk/planning-inspectorate 22

Page 22 · Chunk 77 9. Noise from Plant

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 9. Noise from Plant Any mechanical plant and equipment within the development shall be designed and maintained for the lifetime of the development so that the rating level of noise does not exceed the typical measured background noise level (LA90, T) without the plant in operation as measured one metre from the nearest affected window of a habitable room in https://www.gov.uk/planning-inspectorate 22 Appeal Decision APP/E5900/W/23/3320336 the nearest affected residential property. The rating level of the plant noise and the background noise level shall be determined using the methods from the version of BS 4142 current at the date of this planning permission. Vibration from the plant hereby approved (when assessed as per advice of the version of BS 6472 current at the date of this planning permission) in the centre of any habitable room shall cause vibration no higher than the values equivalent to “low probability of adverse comment” in accordance with BS6472 ‘Evaluation of Human Exposure to Vibration in Buildings’, or any replacement or revised standard.

Page 23 · Chunk 78 10. Minimum employment floorspace

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 10. Minimum employment floorspace Following practical completion of the entire development hereby approved, the development shall provide no less than 32,866 square meters Gross External Area of employment floorspace (use classes E(g)(i), (ii), (iii) (Business); B2 (General Industrial) and B8 (Storage). The reserved matters applications for the Plots 3 and 4 shall demonstrate how this shall be achieved. The employment floorspace shall be operated as such for its lifetime, except with the prior written permission of the Local Planning Authority.

Page 23 · Chunk 79 11. Phasing Plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 11. Phasing Plan Prior to the commencement of the development, a Phasing Plan, based on the approved plan 10373-SHP-Z0-A-B5D9-G100-PL-XX-003, shall be submitted to, and approved in writing by, the Local Planning Authority, for the purposes of the Community Infrastructure Levy Regulations 2010, as amended. Such phasing plan shall identify the phases within the development for the purposes of calculating and paying Community Infrastructure Levy and which may show each of Plots 1-4 as a separate phase and which may also include an ‘early works’ phase (covering, for example, demolition) containing no chargeable floorspace.

Page 23 · Chunk 80 12. Solar Glare

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 12. Solar Glare A solar glare assessment and any required Solar Glare mitigation measures shall accompany each Reserved Matters application. Any agreed Solar Glare mitigation measures approved shall be implemented as agreed thereafter and retained as agreed.

Page 23 · Chunk 81 13. Wind assessment

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 13. Wind assessment An updated Wind Assessment, including details of any required wind mitigation measures, shall accompany each Reserved Matters application. The wind mitigation measures shall be implemented in accordance with the approved detail as part of development of Plot 3 (data centre), Plot 4 (studios) or Plot 6 (as applicable); shall be in place prior to the first occupation of Plot 3 (data centre) or Plot 4 (studios) (as applicable) and maintained as such thereafter.

Page 23 · Chunk 82 14. Demolition Environmental Management Plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 14. Demolition Environmental Management Plan Prior to the commencement (including demolition) of development in the detailed Phase or the outline Phase (as applicable), a Demolition Environmental Management Plan for the relevant Phase shall be submitted to and approved in writing by the Local Planning Authority in consultation with TfL. https://www.gov.uk/planning-inspectorate 23 Appeal Decision APP/E5900/W/23/3320336 The submitted Plan shall seek to minimise the amenity, environmental and road network impacts of the demolition activities associated with the relevant Phase and shall include the details of:

Page 24 · Chunk 83 a) the telephone number, email and postal address of the site manager, including the

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — a) the telephone number, email and postal address of the site manager, including the location of a large notice board on the site that clearly identifies these details and the contact telephone number of a ‘considerate constructor’;

Page 24 · Chunk 84 c) measures to maintain the site in a tidy condition in terms of disposal/storage of

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — c) measures to maintain the site in a tidy condition in terms of disposal/storage of waste and storage of construction plant and materials;

Page 24 · Chunk 85 d) A scheme for recycling/ disposing of waste resulting from demolition works including

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — d) A scheme for recycling/ disposing of waste resulting from demolition works including methods to encourage re- use, recovery and sustainable sourcing of materials;

Page 24 · Chunk 86 f) proposed numbers and timing of vehicle movements through the day and the

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — f) proposed numbers and timing of vehicle movements through the day and the proposed access routes, safe site ingress and egress, parking of vehicles for site operatives and visitors; and wheel washing facilities;

Page 24 · Chunk 87 g) delivery scheduling, use of holding areas, logistics and consolidation centres. The

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — g) delivery scheduling, use of holding areas, logistics and consolidation centres. The loading and unloading of plant and materials;

Page 24 · Chunk 88 h) construction lighting and timings of such, not to unduly impact on neighbouring

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — h) construction lighting and timings of such, not to unduly impact on neighbouring amenity;

Page 24 · Chunk 89 j) the location and appearance of security hoardings including decorative displays,

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — j) the location and appearance of security hoardings including decorative displays, facilities for public viewing and maintenance schedule;

Page 24 · Chunk 90 k) measures to ensure that pedestrian access around the site is safe and not

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — k) measures to ensure that pedestrian access around the site is safe and not obstructed;

Page 24 · Chunk 91 l) measures to minimise risks to pedestrians and cyclists in the vicinity of the site,

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — l) measures to minimise risks to pedestrians and cyclists in the vicinity of the site, including but not restricted to accreditation of the Fleet Operator Recognition Scheme (FORS) and use of banksmen for supervision of vehicular ingress and egress.

Page 24 · Chunk 92 m) mitigation and monitoring measures for Spills and Pollution Prevention, Noise and

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — m) mitigation and monitoring measures for Spills and Pollution Prevention, Noise and Vibration and Air Quality;

Page 24 · Chunk 93 n) measures to control the emission of dust, dirt and emissions to the air during

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — n) measures to control the emission of dust, dirt and emissions to the air during demolition, such measures to accord with the guidance provided in the document ‘the control of dust and emissions during construction and demolition’- Mayor of London July 2014;

Page 24 · Chunk 94 o) confirmation that demolition and associated activities are to be carried out in

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — o) confirmation that demolition and associated activities are to be carried out in accordance with the recommendations contained within British Standard 5228:2009 ‘Code of practice for noise and vibration control on construction and open sites;

Page 24 · Chunk 95 p) a feasibility survey, which shall be carried out to consider the potential for moving

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — p) a feasibility survey, which shall be carried out to consider the potential for moving demolition material from the site by waterborne freight.

Page 24 · Chunk 96 q) construction site plant and machinery.

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — q) construction site plant and machinery. The development shall only be carried out only in accordance with the approved details.

Page 24 · Chunk 97 15. Construction Environmental Management Plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 15. Construction Environmental Management Plan Prior to the commencement (excluding demolition) of development in a particular Plot, a Construction Environmental Management Plan for the relevant Plot shall be submitted to and approved in writing by the Local Planning Authority in consultation with TfL. The submitted Plan shall seek to minimise the amenity, environmental and road network impacts of the construction activities associated with the relevant Plot and shall include the details of: a) the telephone number, email and postal address of the site manager, including the location of a large notice board on the site that clearly identifies these details and the contact telephone number of a ‘considerate constructor’. b) The complaints procedures for members of the public; https://www.gov.uk/planning-inspectorate 24

Page 25 · Chunk 98 15. Construction Environmental Management Plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 15. Construction Environmental Management Plan Appeal Decision APP/E5900/W/23/3320336 c) measures to maintain the site in a tidy condition in terms of disposal/storage of waste and storage of construction plant and materials; d) A scheme for recycling/ disposing of waste resulting from construction works including methods to encourage re- use, recovery and sustainable sourcing of materials; e) safeguarding of buried services; f) proposed numbers and timing of vehicle movements through the day and the proposed access routes, safe site ingress and egress, parking of vehicles for site operatives and visitors; Wheel washing facilities g) delivery scheduling, use of holding areas, logistics and consolidation centres.

Page 25 · Chunk 99 15. Construction Environmental Management Plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 15. Construction Environmental Management Plan Appeal Decision APP/E5900/W/23/3320336 c) measures to maintain the site in a tidy condition in terms of disposal/storage of waste and storage of construction plant and materials; d) A scheme for recycling/ disposing of waste resulting from construction works including methods to encourage re- use, recovery and sustainable sourcing of materials; e) safeguarding of buried services; f) proposed numbers and timing of vehicle movements through the day and the proposed access routes, safe site ingress and egress, parking of vehicles for site operatives and visitors; Wheel washing facilities g) delivery scheduling, use of holding areas, logistics and consolidation centres.

Page 25 · Chunk 100 15. Construction Environmental Management Plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 15. Construction Environmental Management Plan The loading and unloading of plant and materials; h) construction lighting and timings of such, not to unduly impact on neighbouring amenity; i) the location and size of site offices, welfare and toilet facilities; j) the location and appearance of security hoardings including decorative displays, facilities for public viewing and maintenance schedule; k) measures to ensure that pedestrian access around the site is safe and not obstructed; l) measures to minimise risks to pedestrians and cyclists in the vicinity of the site, including but not restricted to accreditation of the Fleet Operator Recognition Scheme (FORS) and use of banksmen for supervision of vehicular ingress and egress. m) mitigation and monitoring measures for Spills and Pollution Prevention, Noise and Vibration and Air Quality; n) measures to control the emission of dust, dirt and emissions to the air during construction, such measures to accord with the guidance provided in the document ‘the control of dust and emissions during construction and demolition’- Mayor of London July 2014.

Page 25 · Chunk 101 15. Construction Environmental Management Plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 15. Construction Environmental Management Plan o) confirmation that construction and associated activities are to be carried out in accordance with the recommendations contained within British Standard 5228:2009 ‘Code of practice for noise and vibration control on construction and open sites; p) a feasibility survey, which shall be carried out to consider the potential for moving construction material from the site by waterborne freight. q) construction site plant and machinery. The development shall only be carried out only in accordance with the approved details.

Page 25 · Chunk 102 16. Demolition Logistics Management Plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 16. Demolition Logistics Management Plan Prior to the commencement (including demolition) of development in the detailed Phase or the outline Phase (as applicable), a Demolition Logistics Management Plan for the relevant Phase shall be submitted to and approved in writing by the Local Planning Authority, in conjunction with TfL.

Page 25 · Chunk 103 16. Demolition Logistics Management Plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 16. Demolition Logistics Management Plan Prior to the commencement (including demolition) of development in the detailed Phase or the outline Phase (as applicable), a Demolition Logistics Management Plan for the relevant Phase shall be submitted to and approved in writing by the Local Planning Authority, in conjunction with TfL.

Page 25 · Chunk 104 16. Demolition Logistics Management Plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 16. Demolition Logistics Management Plan The plan shall include: a) routing of demolition vehicles, including a response to existing or known projected major building works at other sites in the vicinity and local works in the highway; b) access arrangements to the site; c) the estimated number and type of vehicles per day/week; d) details of any vehicle holding area; e) details of the vehicle call up procedure; f) estimates for the number and type of parking suspensions that will be required; g) details of any diversion or other disruption to the public highway during preparation, demolition and excavation work associated with the development; h) work programme and/or timescale of relevant preparation and demolition work i) details of measures to protect pedestrians and other highway users from demolition activities on the highway; j) a strategy for coordinating the connection of services on site with any programme work to utilities upon adjacent land; and, k) where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, position of https://www.gov.uk/planning-inspectorate 25

Page 26 · Chunk 105 16. Demolition Logistics Management Plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 16. Demolition Logistics Management Plan Appeal Decision APP/E5900/W/23/3320336 nearby trees in the highway or adjacent gardens, pedestrian routes, parking bay suspensions and remaining road width for vehicle movements. The development shall be carried out in accordance with the approved plan.

Page 26 · Chunk 106 17. Construction Logistics Management Plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 17. Construction Logistics Management Plan Prior to the commencement (excluding demolition) of development within a particular Plot, a Construction Logistics Management Plan for the relevant Plot shall be submitted to and approved in writing by the Local Planning Authority, in conjunction with TfL.

Page 26 · Chunk 107 17. Construction Logistics Management Plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 17. Construction Logistics Management Plan Prior to the commencement (excluding demolition) of development within a particular Plot, a Construction Logistics Management Plan for the relevant Plot shall be submitted to and approved in writing by the Local Planning Authority, in conjunction with TfL.

Page 26 · Chunk 108 17. Construction Logistics Management Plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 17. Construction Logistics Management Plan The plan shall include: a) routing of Construction vehicles, including a response to existing or known projected major building works at other sites in the vicinity and local works in the highway; b) access arrangements to the site; c) the estimated number and type of vehicles per day/week; d) details of any vehicle holding area; e) details of the vehicle call up procedure; f) estimates for the number and type of parking suspensions that will be required; g) details of any diversion or other disruption to the public highway during preparation, excavation and construction work associated with the development; h) work programme and/or timescale of relevant preparation and construction work i) details of measures to protect pedestrians and other highway users from construction activities on the highway; j) a strategy for coordinating the connection of services on site with any programme work to utilities upon adjacent land; and, k) where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, position of nearby trees in the highway or adjacent gardens, pedestrian routes, parking bay suspensions and remaining road width for vehicle

Page 26 · Chunk 109 17. Construction Logistics Management Plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 17. Construction Logistics Management Plan movements. The development shall be carried out in accordance with the approved plan.

Page 26 · Chunk 110 18. Cranes

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 18. Cranes Prior to the erection of any cranes or scaffolding on the site, a construction methodology shall be submitted to and approved in writing by the Local Planning Authority, in consultation with London City Airport. The details shall include diagrams clearly presenting the location, maximum operating height, radius and start/ finish days for the use of cranes during the development. No construction equipment shall be permitted to infringe any Instrumental Flight Procedures or critical obstacle limitation surfaces. The construction phases of the development shall be carried out only in accordance with the details so approved.

Page 26 · Chunk 111 19. Contamination

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 19. Contamination a) Prior to the commencement (save for demolition works, site preparation, erection of fencing, laying of or provision of any services, laying of temporary surfaces and erection of temporary site buildings for construction purposes) of each Plot, a Remediation Scheme for the relevant Plot shall be submitted to and approved in writing by the Local Planning Authority. The Remediation Scheme shall deal with the potential ground contamination of the Plot or relevant part of the site and shall include: i. A site investigation scheme, based on (Phase 1 Desk Study report) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site; https://www.gov.uk/planning-inspectorate 26

Page 27 · Chunk 112 19. Contamination

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 19. Contamination Appeal Decision APP/E5900/W/23/3320336 ii. The results of the site investigation and detailed risk assessment referred to in (ii.) and based on these an options appraisal and remediation strategy giving full details of the remediation and mitigation measures required and how they are to be undertaken; iii. A verification plan setting out the details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (ii.) are complete to a satisfactory standard; and iv. A monitoring and maintenance plan, setting out provisions for long-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. The contamination remediation works shall be carried out in accordance with the approved details and completed prior to the first occupation of the relevant phase. The provisions of the monitoring and maintenance plan shall be in force from the first occupation of the relevant Plot and retained for its lifetime. b) If during the works any additional contamination is encountered, all works in the relevant part of the site shall cease immediately and not resume until either: i.

Page 27 · Chunk 113 19. Contamination

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 19. Contamination The potential contamination has been assessed and a remediation scheme has been submitted to and approved in writing by the Local Planning Authority. or ii. Timescales for submission of a remediation scheme and details of works which may be carried out in the interim have been agreed in writing by the Local Planning Authority. Any additional land contamination shall be fully remedied prior to the first occupation of the development. c) Prior to the occupation of the relevant Plot, a Post Completion Verification Report shall be submitted to and approved in writing by the Local Planning Authority. The Report shall demonstrate that the site remediation criteria have been met, including results of sampling and monitoring carried out.

Page 27 · Chunk 114 20. Written Scheme of Investigation

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 20. Written Scheme of Investigation a) Prior to the commencement (including demolition) of the detailed phase (or parts thereof) and each outline phase of the development hereby approved, a Stage 1 Written Scheme of Investigation (WSI) shall be submitted to and approved in writing by the Local Planning Authority. The demolition and construction phase of the relevant part of the development shall take place only in accordance with the agreed WSI. b) If heritage assets of archaeological interest are identified by Stage 1 then for those parts of the site which have archaeological interest, a Stage 2 WSI shall be submitted to and approved in writing by the Local Planning Authority. The Stage 2 WSI shall include: i. a statement of significance and research objectives, the programme and methodology of site investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works; ii. where appropriate, details of a programme for delivering related positive public benefits; and, iii. a programme for post-investigation assessment and subsequent analysis, publication & dissemination and deposition of resulting material.

Page 27 · Chunk 115 20. Written Scheme of Investigation

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 20. Written Scheme of Investigation This part of the condition shall not be discharged until these elements have been fulfilled in accordance with the programme set out in the Stage 2 WSI. For land that is included within the Stage 2 WSI, the demolition and construction phase shall take place only in accordance with the agreed Stage 2 WSI. https://www.gov.uk/planning-inspectorate 27 Appeal Decision APP/E5900/W/23/3320336

Page 28 · Chunk 116 21. Non road mobile machinery

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 21. Non road mobile machinery All Non-Road Mobile Machinery (NRMM) used within the development, that fall within the scope of the GLA ‘Control of Dust and Emissions during Construction and Demolition’ SPG dated July 2014 (or any subsequent amendment or guidance), shall comply with the following requirements:

Page 28 · Chunk 117 a) Prior to the commencement (including demolition) of the detailed Phase or the outline

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — a) Prior to the commencement (including demolition) of the detailed Phase or the outline Phase (as applicable), or any part thereof, details of all plant and machinery to be used during demolition of that Phase shall be submitted to, and approved in writing by, the Local Planning Authority. The details shall include evidence of compliance with Stage IIIA of EU Directive 97/68/ EC for both NOx and PM; and proof of registration of all NRMM and plant to be used on the site of net power between 37kW and 560 kW, at https://www.london.gov.uk/what-we-do/environment/pollution-and-air-quality/non- road-mobile-machinery-register/login/register

Page 28 · Chunk 118 b) Prior to the commencement (excluding demolition) of each respective Plot, details of

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — b) Prior to the commencement (excluding demolition) of each respective Plot, details of all plant and machinery to be used during construction of that Plot shall be submitted to, and approved in writing by, the Local Planning Authority. The details shall include evidence of compliance with Stage IIIA of EU Directive 97/68/ EC for both NOx and PM; and proof of registration of all NRMM and plant to be used on the site of net power between 37kW and 560 kW, at https://www.london.gov.uk/what-we- do/environment/pollution-and-air-quality/non-road-mobile-machinery- register/login/register The demolition and construction phases of the relevant Plots shall be carried out only in accordance with the details so approved.

Page 28 · Chunk 119 c) An inventory of all Non-Road Mobile Machinery (NRMM) must be kept on site during

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — c) An inventory of all Non-Road Mobile Machinery (NRMM) must be kept on site during the course of the demolitions, site preparation and construction phases. All machinery shall be regularly serviced and service logs kept on site for inspection. Records shall be kept on site which details proof of emission limits for all equipment. This documentation shall be made available to local authority officers as required until development completion.

Page 28 · Chunk 120 22. Dust Management and PM10 Monitoring – Demolition

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 22. Dust Management and PM10 Monitoring – Demolition a) Prior to the commencement (including demolition) of development in respect of the detailed Phase or the outline Phase (as applicable), a Dust Management Plan (DMP) for the relevant Phase, based on an Air Quality and Dust Risk Assessment (AQDRA) for demolition, shall be submitted to and approved in writing by the Local Planning Authority. The Demolition DMP shall accord with The Control of Dust and Emissions during Construction and Demolition SPG 2014. The DDMP shall detail the measures to reduce the impacts during demolition. The development shall be undertaken only in accordance with the approved Plans. b) Prior to the commencement (including demolition) of development in respect of the detailed Phase or the outline Phase (as applicable), the PM10 Monitoring Parameters for the relevant Phase, shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the duration, locations and monitoring techniques in relation to the demolition. https://www.gov.uk/planning-inspectorate 28

Page 29 · Chunk 121 22. Dust Management and PM10 Monitoring – Demolition

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 22. Dust Management and PM10 Monitoring – Demolition Appeal Decision APP/E5900/W/23/3320336 During each four construction sub-phases of the relevant part of the proposed development (demolition, earthworks, construction, and trackout), the PM10 continuous monitoring shall be carried out on site, in accordance with the parameters so approved.

Page 29 · Chunk 122 23. Dust Management and PM10 Monitoring – Construction

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 23. Dust Management and PM10 Monitoring – Construction a) Prior to the commencement (excluding demolition) of development in respect of a specific Plot, a Dust Management Plan (DMP) for the relevant Plot, based on an Air Quality and Dust Risk Assessment (AQDRA) for construction, shall be submitted to and approved in writing by the Local Planning Authority. The Construction DMP shall accord with The Control of Dust and Emissions during Construction and Demolition SPG 2014. The CDMP shall detail the measures to reduce the impacts during construction The development shall be undertaken only in accordance with the approved Plans. b) Prior to the commencement (excluding demolition) of a specific Plot, the PM10 Monitoring Parameters for the relevant Plot, shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the duration, locations and monitoring techniques in relation to the demolition. During each three construction sub-phases of the relevant part of the proposed development (earthworks, construction, and trackout), the PM10 continuous monitoring shall be carried out on site, in accordance with the parameters so approved.

Page 29 · Chunk 123 24. Mechanical Ventilation

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 24. Mechanical Ventilation Prior to the superstructure works (excluding building core) of Plots 1 and 2, full details of the mechanical ventilation system for the residential dwellings and PBSA shall be submitted to and approved in writing by the Local Planning Authority. The details submitted shall include: - details on heating, cooling, controls, fire systems, means of escape, ventilation/extraction or other associated plant equipment. - detail showing that the system ensures appropriate air quality, either through air intake from a location guaranteeing supply of clean air; or through treating polluted air and removing pollutants. - evidence that the system would be designed to minimise energy usage, minimise disturbance to occupiers, be sufficient to prevent summer overheating and have robust maintenance arrangements. - full calculations for heating, cooling & ventilation, equipment data sheets & specifications of all filtration, deodorising systems, noise output and termination points. - full details of the routing of the mechanical ventilation and the passive provision of associated ducting including scaled plans.

Page 29 · Chunk 124 24. Mechanical Ventilation

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 24. Mechanical Ventilation Particular attention shall be given to the discharge of toxic or odoriferous extract air where a high level of discharge is usually essential. The mechanical ventilation systems shall be implemented in full accordance with the details so approved, prior to first occupation of Plots 1 or 2 as relevant. The systems shall be retained and maintained in accordance with the approved details for the lifetime of the development. https://www.gov.uk/planning-inspectorate 29 Appeal Decision APP/E5900/W/23/3320336

Page 30 · Chunk 125 25. Noise Mitigation Measures

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 25. Noise Mitigation Measures a) The Use Class C3 residential units shall designed and constructed with window insulation, ventilation and other noise insulation measures sufficient to meet or exceed the minimum standards below: i. the dwellings fully accord with the provisions of British Standard BS8233:2014 and the World Health Organisation (WHO) Guidelines 1999. The 5 decibel relaxation of those guidelines will only apply with the written agreement of the Local Planning Authority; ii. internal ambient noise levels in habitable rooms shall not exceed 35dB LAeq,16 hour, between the hours 07:00 - 23:00 and within bedroom shall not exceed both 30 dB LAeq, 8 hour and LAmax 45 dB more than 10 times between the hours 23:00 - 07:00. iii. where reasonably practicable, ground and structure-borne noise from transportation sources shall not exceed LA,s,max 35 dB; iv. exposure to vibration is no higher than of the values equivalent to “low probability of adverse comment” in accordance with BS6472 ‘Evaluation of Human Exposure to Vibration in Buildings’; and v.

Page 30 · Chunk 126 25. Noise Mitigation Measures

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 25. Noise Mitigation Measures at any junction between adjoining residential and non-residential uses, the internal noise insulation level is designed to take account of the noise levels generated in the noise source so that in habitable rooms the typical worst case i.e. 90th percentile LAeq,15 min level of intruding noise is at least 10 dBA below the equivalent prevailing LAeq,15 min in the receptor. vi. with regard to non-transportation noise sources and noise with specific character likely to enhance its impact such as tones, impulsive elements and dominant low frequency content, the above noise level criteria in a-e shall apply with an appropriate correction to take account of the enhanced impact. For example, where the noise has tonal or impulsive elements and where low frequency content is dominant, the corrections for such features from the reference methods described in BS 4142 can include a fixed correction of -5 dB. Where the noise contains more than 1 characteristic likely to enhance its impact, the corrections shall be added linearly where the corrections are within 3 dB or less of each other.

Page 30 · Chunk 127 25. Noise Mitigation Measures

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 25. Noise Mitigation Measures b) Prior to first occupation of the Use Class C3 residential units, a Post Completion Verification Report shall be submitted to and approved in writing by the Local Planning Authority, confirming that the minimum requirements in part a) have been met. Should the report indicate that the requirements of part a) have not been met, the Report shall include a Mitigation Scheme detailing measures to remedy the shortfall. The Post Verification Report and any Mitigation Scheme so approved shall be implemented, in full, prior to first occupation of the Use Class C3 residential units and shall be retained as such for the lifetime of the development.

Page 30 · Chunk 128 26. Materials

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 26. Materials Prior to the commencement (save for demolition) of a particular Plot, samples and full particulars of all external facing materials to be used in the construction relating to that Plot shall be submitted to and approved in writing by the Local Planning Authority. The details shall include:

Page 30 · Chunk 129 a) Sample panels of each external cladding material. Where the total material on the

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — a) Sample panels of each external cladding material. Where the total material on the façade would exceed 1sqm, a sample panel will be provided at no less than 1sqm. Details of all types of brick including bond, mortar and pointing, details of joint. https://www.gov.uk/planning-inspectorate 30 Appeal Decision APP/E5900/W/23/3320336 Details of all other facade materials including panels and cladding, including panel size, joints and fixing method. If an off-site manufactured cladding system is to be used, the full details of the system shall be provided and the sample panel shall include at least one junction between pre-assembled panels.

Page 31 · Chunk 130 b) Samples and drawings of fenestration. Details of fenestration to include reveals,

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — b) Samples and drawings of fenestration. Details of fenestration to include reveals, sills and lintels. Drawings shall be at a scale of no less than 1:20.

Page 31 · Chunk 131 d) Details of entrances including doors, reveals, canopies, signage, entry control,

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — d) Details of entrances including doors, reveals, canopies, signage, entry control, post boxes, CCTV, lighting and soffit finishes. Drawings shall be at a scale of no less than 1:20.

Page 31 · Chunk 132 f) Details of shopfronts including doors, glazing, reveals, stallrisers, pilasters, fascias,

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — f) Details of shopfronts including doors, glazing, reveals, stallrisers, pilasters, fascias, awnings and signage zones or indicative signage. Drawings shall be at a scale of no less than 1:20.

Page 31 · Chunk 133 h) Details of balconies, winter gardens and associated balustrades, soffits and

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — h) Details of balconies, winter gardens and associated balustrades, soffits and drainage.

Page 31 · Chunk 134 k) Green Procurement Plan for sourcing the proposed materials. The Green

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — k) Green Procurement Plan for sourcing the proposed materials. The Green Procurement Plan shall demonstrate how the procurement of materials for the development will promote sustainability, including through the use of low impact, sustainably sourced, reused and recycled materials and the reuse of demolition waste. The development shall be carried out in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

Page 31 · Chunk 135 27. Site Wide Landscaping Strategy

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 27. Site Wide Landscaping Strategy Prior to the commencement of development (excluding demolition), a site wide landscaping strategy shall be submitted to and approved in writing by the Local Planning Authority. The landscaping strategy shall set out the general principles and commitments that will be adhered to in delivering the hard and soft landscaping and wayfinding within the development in order to ensure a high quality and cohesive public realm. Such landscaping strategy shall have due and proper regard to the Landscape Statement (September 2021) and Landscape Statement Addendum dated July 2022.

Page 31 · Chunk 136 28. Detailed Landscaping Plans

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 28. Detailed Landscaping Plans 1) Prior to the commencement of any superstructure works in regard to each of Plots 1 to 4 , a landscaping scheme for that relevant Plot shall be submitted to and approved in writing by the Local Planning Authority for the relevant phase. Each landscaping scheme shall be in accordance with the approved site wide landscaping strategy approved pursuant to Condition 27 (unless otherwise agreed with the Local Planning Authority) and include: a) hard landscaping, including palette of high quality, sustainable and inclusive public realm materials including planter enclosures, accessibility features, drainage, kerbs, size and location of permeable and impermeable paving surfaces; https://www.gov.uk/planning-inspectorate 31

Page 31 · Chunk 137 28. Detailed Landscaping Plans

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 28. Detailed Landscaping Plans 1) Prior to the commencement of any superstructure works in regard to each of Plots 1 to 4 , a landscaping scheme for that relevant Plot shall be submitted to and approved in writing by the Local Planning Authority for the relevant phase. Each landscaping scheme shall be in accordance with the approved site wide landscaping strategy approved pursuant to Condition 27 (unless otherwise agreed with the Local Planning Authority) and include: a) hard landscaping, including palette of high quality, sustainable and inclusive public realm materials including planter enclosures, accessibility features, drainage, kerbs, size and location of permeable and impermeable paving surfaces; https://www.gov.uk/planning-inspectorate 31

Page 32 · Chunk 138 28. Detailed Landscaping Plans

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 28. Detailed Landscaping Plans Appeal Decision APP/E5900/W/23/3320336 b) accessibility and inclusivity, including ground levels, gradients, thresholds and inclusive access provisions, characteristics and features which signal open and public access and belonging, without cues to keep away, or cues of private use; c) soft landscaping, including urban greening integrated through the site including, but not limited to green roofs, green walls, ground surface planting and nature based sustainable urban drainage features integrated with the site design and designed for multiple benefits including recreation, biodiverse habitat and resilience, amelioration of heat and rain events, noise and air quality; d) details of trees including numbers and types of species to be planted and how the type of planting enhances biodiversity; e) details of any other play and social activities supported by communal amenity spaces; f) a Landscape Management Plan for lifetime maintenance, giving details of proactive maintenance, including watering provision for soft landscape, appropriate pest control measures not resulting in harm to the planting, monitoring, and remediation to avoid major infestations or damage by non-chemical interventions, ensuring all drainage features

Page 32 · Chunk 139 28. Detailed Landscaping Plans

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 28. Detailed Landscaping Plans fully remain operational, and provide schedules and measures to maintain or improve biodiversity as shown in the Urban Greening Factor details; g) hard infrastructure, including lighting and light spill drawings and proposed Lux levels, drain inlets and outlets, manholes and covers for access to drainage, services and utilities, CCTV and other security measures; h) details of children’s play equipment and playable landscape features, including the size of each of the play areas according to age groups, design and playable contents and equipment and any other details to demonstrate compliance with the Supplementary Planning Guidance ‘Shaping Neighbourhoods: Play and Informal Recreation’; i) street furniture, including street furniture palette demonstrating contribution to the area’s character and supporting infrastructure for active travel, external cycle parking stands, benches, litter bins for separated collection allowing recycling, ash trays, informal and dedicated seating areas, signage and wayfinding measures including Legible London signage, and any other street furniture; j) all boundary treatments including location, appearance, dimensions, materials and surface finishes and colours of all bollards, fences,

Page 32 · Chunk 140 28. Detailed Landscaping Plans

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 28. Detailed Landscaping Plans gates, railings, walls and other access control measures and means of enclosure; k) environmental measures to make landscape conducive, provisions for use during weather events and other microclimatic considerations such as wind, heavy rain, and heat: shade, shelter and where possible, areas of direct sunlight; l) Urban Greening Factor and Biodiversity Net Gain tables; m) details of security (Secured by Design) measures applicable to the relevant plot; n) Details of the wayfinding strategy for the Green Grid, including which shall include (but not be limited to) the provision of way-markings and signage indicating key destinations and walking routes, lighting, CCTV and other public realm improvements to promote ease of use of the Green Grid (being the network of interconnected routes defined within the “Tower Hamlets Green Grid Strategy” that links open spaces, parks, and other green spaces aimed at promoting walking and cycling as preferred modes of transportation over less environmentally friendly options) The landscaping scheme shall be completed in accordance with the approved details no later than during the first planting season following practical completion of the relevant Plot and retained for the lifetime of

Page 32 · Chunk 141 28. Detailed Landscaping Plans

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 28. Detailed Landscaping Plans the development. Any trees or shrubs which die, are removed or become seriously damaged or diseased following the completion of the landscaping works shall be replaced in the next planting season with the same species or an approved alternative as agreed in writing by the Local Planning Authority. https://www.gov.uk/planning-inspectorate 32

Page 32 · Chunk 142 28. Detailed Landscaping Plans

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 28. Detailed Landscaping Plans Any trees or shrubs which die, are removed or become seriously damaged or diseased following the completion of the landscaping works shall be replaced in the next planting season with the same species or an approved alternative as agreed in writing by the Local Planning Authority. https://www.gov.uk/planning-inspectorate 32

Page 33 · Chunk 143 28. Detailed Landscaping Plans

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 28. Detailed Landscaping Plans Appeal Decision APP/E5900/W/23/3320336 2) In regard to Plot 1 or Plot 2 only, whichever comes forward first, the applicant shall submit to the Local Planning Authority for their agreement: i) a detailed scheme of landscaping which is in accordance with the approved site wide landscaping strategy and includes the details set out in paragraphs 1(a)-(n) above; and ii) in the event that Plots 1 and 2 are not proposed to be brought forward contemporaneously, a temporary scheme of landscaping for that Plot (1 or 2) which is not being brought forward at the relevant time which will demonstrate how people can move across the plot towards the new exit points through the listed wall and which will include temporary arrangements as might be required for access and servicing. The permanent landscaping scheme and the temporary landscaping scheme for that plot not being begun shall be built out in accordance with the approved details prior to the first occupation of the plot that is being built out and the temporary scheme of landscaping shall be retained until such time as development of the second plot is begun.

Page 33 · Chunk 144 28. Detailed Landscaping Plans

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 28. Detailed Landscaping Plans 3) In regard to Plot 3 or Plot 4 only, whichever comes forward first, the applicant shall submit to the local authority for their agreement a detailed scheme of landscaping which is in accordance with the approved site wide landscaping strategy and includes the details set out in paragraphs 1(a)-(n) above; The landscaping scheme shall be built out in accordance with the approved details prior to the occupation of Plot 3 and shall be retained thereafter.

Page 33 · Chunk 145 29. Tree protection

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 29. Tree protection No development shall take place in a respective Plot until all of the trees to be retained within that Plot and all trees that overhang from adjoining land save for any trees explicitly identified for felling on approved drawings, have been protected in accordance with British Standard 5837 – ‘Trees in relation to Construction Sites’, (or any equivalent Standard replacing or updating this). The tree protection measures shall be retained in place for the duration of the construction works and during this period no works other than landscaping works shall be carried out or materials stored within the protected areas underneath the trees.

Page 33 · Chunk 146 30. Tree planting

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 30. Tree planting Prior to completion or first occupation of any Plot, whichever is the sooner; full details of all proposed tree planting relating to that Plot shall be submitted to and approved in writing by the Local Planning Authority. This will include planting and maintenance specifications, including cross-section drawings, use of guards or other protective measures and confirmation of location, species and sizes, nursery stock type, supplier, irrigation and drainage requirements, defect period and any SuDS aspects of the tree pit and surrounding area. All tree planting shall be carried out no later than during the first planting season following practical completion of that Plot and retained for the lifetime of the development. Any trees that are found to be dead, dying, severely damaged or diseased following the completion of the building works OR five years of the carrying out of the landscaping scheme (whichever is later), shall be replaced in the next planting season by specimens of similar size and species in the first suitable planting season. https://www.gov.uk/planning-inspectorate 33

Page 34 · Chunk 147 30. Tree planting

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 30. Tree planting Appeal Decision APP/E5900/W/23/3320336

Page 34 · Chunk 148 31. Playspace and amenity space

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 31. Playspace and amenity space Prior to the completion of the superstructure works of Plot 1, an Inclusive Communal Amenity and Play Spaces Access Management Plan regarding access for disabled users, and ensuring social cohesiveness and access of communal amenity and play areas within Plots 1, shall be submitted to and approved in writing by the Local Planning Authority. The communal amenity and play spaces shall be completed prior to occupation of residential units they are to serve. The communal amenity and play spaces shall be operated in accordance with the Inclusive Communal Amenity and Play Spaces Access Management Plan as approved and thereafter be permanently retained in this form.

Page 34 · Chunk 149 32. Fire

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 32. Fire A The detailed component of the development shall be constructed and operated only in full accordance with the Fire Statement Form dated 11/07/2022 and the Fire Strategy Report ref TRG-210049-RT-01-106.dated 11 July 2022, for the lifetime of the development. B A Fire Statement shall accompany each reserved matters application.

Page 34 · Chunk 150 33. Fire Strategy

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 33. Fire Strategy Prior to the commencement of above ground works (excluding demolition) for Plot 1 or Plot 2, an updated Fire Strategy for the relevant Plot prepared by a third party suitably qualified assessor shall be submitted to and approved in writing by the Local Planning Authority. The Strategy shall detail how the development hereby approved within the relevant Plot will function in terms of:

Page 34 · Chunk 151  access for fire service vehicles, personnel and equipment: how this will be achieved

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets —  access for fire service vehicles, personnel and equipment: how this will be achieved in an evacuation situation, water supplies, provision and positioning of equipment, firefighting lift, stair and lobbies, any fire suppression and smoke ventilation systems proposed and the ongoing maintenance and monitoring of these;

Page 34 · Chunk 152  how provision will be made within the site to enable fire appliances to gain access to

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets —  how provision will be made within the site to enable fire appliances to gain access to the building;

Page 34 · Chunk 153  Fire evacuation management including details of evacuation assembly points.

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets —  Fire evacuation management including details of evacuation assembly points. The Strategy shall be implemented in accordance with the approved details and permanently retained thereafter.

Page 34 · Chunk 154 34. Plant

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 34. Plant Prior to the commencement of superstructure works relating to each Plot of the development hereby approved, full details of internal and external plant equipment and trunking for that Plot, including any heat pump equipment, building services plant, ventilation and filtration equipment and any commercial kitchen exhaust ducting/ventilation, shall have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details and all flues, ducting and other equipment shall be installed in accordance with the approved details prior to the use commencing on the relevant Plot and shall thereafter be maintained in accordance with the manufacturers’ instructions. https://www.gov.uk/planning-inspectorate 34

Page 35 · Chunk 155 34. Plant

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 34. Plant Appeal Decision APP/E5900/W/23/3320336

Page 35 · Chunk 156 35. Water efficiency

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 35. Water efficiency Prior to commencement of superstructure works in respect of either Plots 1 or 2, a copy of the water efficiency calculator for new dwellings or student accommodation units within the relevant plot, from Building Regulations Approved Document Part G, shall be submitted to the Local Planning Authority for each dwelling/unit type with a unique sanitary ware and water-consuming appliances specification for that Plot. This shall demonstrate that each dwelling/unit within the relevant Plot will achieve water use of not more than 110 litres per person per day (including a 5 litre per person per day allowance for external water use) in line with the optional requirements of Approved Document G. The calculator tools shall be accompanied by specification documents demonstrating the water consuming fittings and fixtures which have been specified within the dwellings in order to achieve the calculated water use.

Page 35 · Chunk 157 36. Biodiversity enhancements

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 36. Biodiversity enhancements Prior to the completion of superstructure works relating to each Plot, full details of biodiversity mitigation and enhancements shall be submitted to and approved in writing by the Local Planning Authority relating to that Plot. In regard to Plots 1 and 2, biodiversity enhancements will be shown within the landscaping strategy and be implemented before the occupation of Plot 1 or 2 (whichever comes first). Where proposed, details should include:  a proposed phasing strategy for the delivery of the relevant biodiversity enhancement in respect of the specific plots.

Page 35 · Chunk 158 36. Biodiversity enhancements

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 36. Biodiversity enhancements Prior to the completion of superstructure works relating to each Plot, full details of biodiversity mitigation and enhancements shall be submitted to and approved in writing by the Local Planning Authority relating to that Plot. In regard to Plots 1 and 2, biodiversity enhancements will be shown within the landscaping strategy and be implemented before the occupation of Plot 1 or 2 (whichever comes first). Where proposed, details should include:  a proposed phasing strategy for the delivery of the relevant biodiversity enhancement in respect of the specific plots.

Page 35 · Chunk 159 36. Biodiversity enhancements

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 36. Biodiversity enhancements  biodiverse roofs designed in accordance with 'Creating Green Roofs for Invertebrates' best practice guide by Buglife – details provided should include  the location and total area of biodiverse roofs, substrate depth and type, planting including any vegetated mat and any additional habitats to be provided;  landscaping to include a good diversity of nectar-rich plants to provide food for bumblebees and other pollinators for as much of the year as possible - details should include species list and planting plans of plants;  climbing plants, such as ivy, honeysuckle and jasmine, on appropriate walls to provide a further source of nectar and cover for nesting birds such as house sparrows details, should they be proposed, including species and locations of climbers;  a water garden and floating rafts planted exclusively with native wetland plants – details to include type of rafts, locations and total area of vegetated rafts (ideally divided into area of Phragmites reed bed and area of mixed wetland vegetation if both planting types are included), species list and planting plan;  details of external lighting designed in accordance with best practice guidance on bats and lighting published by the Institute of Lighting

Page 35 · Chunk 160 36. Biodiversity enhancements

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 36. Biodiversity enhancements Professionals, to minimise the light spill onto areas likely to be used by foraging bats – details to include diagrams of existing and proposed light levels across the site;  details of underwater habitat enhancements, such as fish refuges and spawning brushed (details should include type, number and locations of enhancements); bat boxes, insect boxes and nest boxes for appropriate bird species including house sparrow, swift and black redstart– details should include number, locations and type of boxes;  bug biomes; and,  details of maintenance provisions for all of the above.

Page 35 · Chunk 161 36. Biodiversity enhancements

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 36. Biodiversity enhancements Professionals, to minimise the light spill onto areas likely to be used by foraging bats – details to include diagrams of existing and proposed light levels across the site;  details of underwater habitat enhancements, such as fish refuges and spawning brushed (details should include type, number and locations of enhancements); bat boxes, insect boxes and nest boxes for appropriate bird species including house sparrow, swift and black redstart– details should include number, locations and type of boxes;  bug biomes; and,  details of maintenance provisions for all of the above. The biodiversity improvement measures shall be completed in accordance with the approved details prior to the first occupation of the relevant Plot and retained and https://www.gov.uk/planning-inspectorate 35

Page 35 · Chunk 162 36. Biodiversity enhancements

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 36. Biodiversity enhancements The biodiversity improvement measures shall be completed in accordance with the approved details prior to the first occupation of the relevant Plot and retained and https://www.gov.uk/planning-inspectorate 35 Appeal Decision APP/E5900/W/23/3320336 maintained in accordance with the approved maintenance provisions for the lifetime of the development.

Page 36 · Chunk 163 37. SUDS

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 37. SUDS No superstructure works shall take place in relation to each respective Plot, until a Sustainable Urban Drainage Scheme (SUDS) including on-going maintenance provisions has been submitted to and approved in writing by the Local Planning Authority. In regard to Plot 1 or 2 respectively, no superstructure works shall take place in these plots until details of the SUDS strategies contained within the overall Detailed Phase has been submitted to and approved in writing by the Local Planning Authority. Nature based sustainable drainage, source control and greywater re-use measures high in the SuDS management/ treatment train shall be prioritised. The details shall include rainwater harvesting, blue roofs, rain gardens, permeable paving and basement attenuation. The approved SUDS scheme shall be completed in accordance with the approved SUDS phasing plan, prior to the first occupation of the relevant plot and thereafter maintained in operational condition for the lifetime of the development.

Page 36 · Chunk 164 (a) No superstructure works shall take place in relation to any relevant Plot until design

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — (a) No superstructure works shall take place in relation to any relevant Plot until design details of security (Secured by Design) measures applicable to the relevant plot, have been submitted to and approved in writing by the Local Planning Authority.

Page 36 · Chunk 165 (b) Details of the security (Secured by Design) measures relating to landscaping shall be

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — (b) Details of the security (Secured by Design) measures relating to landscaping shall be been submitted (in line with condition 28) prior to the superstructure works of Plots 1 or 2 (whichever comes first).

Page 36 · Chunk 166 (c) Full details and appropriate certificates detailing implementation of security (Secured

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — (c) Full details and appropriate certificates detailing implementation of security (Secured by Design) measures for a relevant plot, in line with (a), shall be submitted to and approved in writing by the Local Planning Authority prior to occupation of that Plot. The security measures approved shall be implemented in accordance with the approved details, completed prior to first occupation of the relevant Plot and retained for the lifetime of the development.

Page 36 · Chunk 167 39. Cycle parking

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 39. Cycle parking Prior to the occupation of each Plot, a Cycle Parking Management Plan (CPMP) relevant to that Plot shall be submitted to and approved by the Local Planning Authority. The CPMP shall include: - details of the number of cycle parking spaces for each use - allocation of cycle spaces between the market and affordable housing units where applicable; and other land uses where applicable - details on how these cycle spaces and access to cycle stores will be managed and enforced - details of the design and materials of cycle stands/storage; details of shower, changing area and locker facilities provision (for non-residential uses) and, details of CCTV and lighting for the cycle storage area, as well as how the relevant details will be included in the Travel Plan. - details of a minimum of 5% of long stay cycle spaces and their accesses are to be designed to be large enough to accommodate adapted cycles, cargo and other types of larger cycles. https://www.gov.uk/planning-inspectorate 36

Page 37 · Chunk 168 39. Cycle parking

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 39. Cycle parking Appeal Decision APP/E5900/W/23/3320336 The approved cycle parking shall be completed prior to the occupation of the relevant Plot in full compliance with the approved details and shall be permanently retained thereafter.

Page 37 · Chunk 169 40. Aquatic Mitigation

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 40. Aquatic Mitigation Prior to the draining of any waterbody on the site, an Aquatic Strategy shall be submitted to and approved in writing by the Local Planning Authority, detailing how any fish within the waterbody will be captured and transferred to a safe location. The Strategy shall include a program of ecological supervision and fish rescue during development works, including a section on biosecurity to cover the risk of spreading invasive animals such as zebra mussel or signal crayfish as well as invasive plan species. The Strategy for fish rescue shall be implemented as approved as each waterbody is drained.

Page 37 · Chunk 170 41. Nesting birds

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 41. Nesting birds All removal of trees, hedgerows, shrubs, scrub or tall herbaceous vegetation shall be undertaken between September and February inclusive. If this is not possible then a suitably qualified ecologist shall carry out any inspection of the areas concerned immediately prior to the clearance works (within 5 days) to ensure that no nesting or nest- building birds are present. If any nesting birds are present then the vegetation around the nest shall not be removed until an ecologist confirms that the birds have finished nesting. If no nesting birds are found, there is no need to report the survey findings to the Local Planning Authority before clearance of vegetation. Once the site has been cleared, details of measures taken to ensure no nesting birds were harmed shall be subsequently submitted to and approved in writing by the Local Planning Authority. This could include that the site has been cleared between the months of September and February; that a survey has been undertaken and no nests were found; or that nests were found, protection measures put in place around the nest(s), and a subsequent survey found that birds were no longer nesting.

Page 37 · Chunk 171 42. Car park management strategy

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 42. Car park management strategy Prior to the occupation of each relevant Plot, a Car Parking Management Strategy for the car parking associated with that relevant Plot, shall be submitted to and approved in writing by the Local Planning Authority. The Strategy shall govern the allocation of car parking spaces which are relevant to that plot, including the wheelchair accessible spaces for the lifetime of the development, which shall be needs based. Car parking spaces shall not be leased or sold other than to occupiers of the relevant plot. The development shall be implemented only in accordance with the details so approved, for the lifetime of the development. At no time shall any other external areas of the development save for those explicitly identified on the approved drawings be made available for parking of motor vehicles other than to facilitate essential maintenance works, unless otherwise agreed in writing by the Local Planning Authority.

Page 37 · Chunk 172 43. Deliveries and servicing

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 43. Deliveries and servicing Prior to the commencement of superstructure works in regard to a relevant plot, a Deliveries and Servicing Plan relating to that plot shall be submitted to and approved in writing by the Local Planning Authority. https://www.gov.uk/planning-inspectorate 37 Appeal Decision APP/E5900/W/23/3320336 The deliveries and servicing of the approved uses shall not take place otherwise than in accordance with the Deliveries and Servicing Plan thus approved.

Page 38 · Chunk 173 a) Each application for reserved matters in respect of the Plot 3 or the Plot 4 shall be

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — a) Each application for reserved matters in respect of the Plot 3 or the Plot 4 shall be accompanied by a detailed Circular Economy Statement and Operational Waste Management Strategy for that plot in line with the GLA’s Circular Economy Statement Guidance. The development of the relevant plot shall be carried out only in accordance with the details so approved.

Page 38 · Chunk 174 b) Prior to the occupation of each Plot, a post-construction monitoring report for the

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — b) Prior to the occupation of each Plot, a post-construction monitoring report for the relevant Plot shall be completed in line with the GLA’s Circular Economy Statement Guidance. The post-construction monitoring report shall be submitted to the GLA, currently via email at: circulareconomystatements@london.gov.uk, along with any supporting evidence as per the guidance. Confirmation of submission to the GLA shall be submitted to, and approved in writing by, the Local Planning Authority.

Page 38 · Chunk 175 45. Whole life cycle

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 45. Whole life cycle Prior to the occupation of each Plot, the post-construction tab of the GLA’s whole life carbon assessment template shall be completed for the relevant Plot in line with the GLA’s Whole Life Carbon Assessment Guidance; and confirmation of submission to the GLA shall be submitted to and approved in writing by the Local Planning Authority. The post-construction assessment shall provide an update of the information submitted at planning submission stage, including the whole life carbon emission figures for all life-cycle modules based on the actual materials, products and systems used. This shall be submitted to the GLA, currently via email at: ZeroCarbonPlanning@london.gov.uk, along with any supporting evidence as per the guidance.

Page 38 · Chunk 176 a. Plots 1 and 2 (whichever relevant) shall be implemented in accordance with the

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — a. Plots 1 and 2 (whichever relevant) shall be implemented in accordance with the approved Energy Strategy (by Hoare Lea rev D dated 27 September 2021) and revised overheating assessment (REP-2324037-5A-GB-220713-Republic P2 Resi TM59-Rev 01) and Sustainability Statement (by Hoare Lea rev D dated 28 September 2021). The relevant energy efficiency and sustainability measures set out therein shall be completed prior to the occupation of each relevant plot and retained for their lifetime.

Page 38 · Chunk 177 b. Detailed Energy and Sustainability Strategies shall be submitted to and approved by

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — b. Detailed Energy and Sustainability Strategies shall be submitted to and approved by the Local Planning Authority prior to the commencement (excluding demolition) of Plots 3 and 4 and retained for their lifetime.

Page 38 · Chunk 178 c. Each plot shall achieve through the implementation of onsite measures, regulated

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — c. Each plot shall achieve through the implementation of onsite measures, regulated carbon dioxide emission savings of no less than 45% against the Target Emissions Rate of Part L of Building Regulations (2013) (as amended).

Page 38 · Chunk 179 d. The relevant air source heat pumps and heat recovery equipment identified in the

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — d. The relevant air source heat pumps and heat recovery equipment identified in the Energy Strategy referred to in paragraph (a) shall be installed prior to first occupation of each of Plots 1 and 2 (as applicable) and retained for the lifetime of the development, unless otherwise agreed in writing.

Page 38 · Chunk 180 e. Any non-residential units under 500sqm (Gross Internal Area) shall achieve

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — e. Any non-residential units under 500sqm (Gross Internal Area) shall achieve compliance with at least the ‘Very Good’ BREEAM standard. Within 6 months of first occupation of the Plot 2, in which such units are located, the applicant shall submit the final BREEAM certificates to demonstrate the unit has achieved a BREEAM ‘Very Good’ rating which shall be certified by the awarding body. https://www.gov.uk/planning-inspectorate 38 Appeal Decision APP/E5900/W/23/3320336

Page 39 · Chunk 181 f. Any non-residential units equal to or over 500sqm (GIA) shall achieve compliance with

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — f. Any non-residential units equal to or over 500sqm (GIA) shall achieve compliance with at least the ‘Excellent’ BREEAM standard. Within 6 months of first occupation of the Plots 3 or 4, the applicant shall submit the final BREEAM certificates to demonstrate the scheme has achieved a BREEAM Excellent rating which shall be certified by the awarding body.

Page 39 · Chunk 182 g. The heat and hot water supply system for each Plot shall be designed and constructed

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — g. The heat and hot water supply system for each Plot shall be designed and constructed so as to enable a future connection of the supply system to a district heating network.

Page 39 · Chunk 183 h. All of the approved residential units shall be constructed and fitted out to comply with

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — h. All of the approved residential units shall be constructed and fitted out to comply with the Building Regulations 2010 (as amended) optional requirement G2(36)(2)(b) ‘110 litres water consumption per person per day’ (including a 5 litre per person per day allowance for external water use. Each Plot shall not be occupied until a post completion verification report for the relevant Plot, including a microgeneration certificate relating to any photovoltaic array system, has first been submitted to and approved in writing by the Local Planning Authority to confirm that the above minimum standards have been achieved and that all of the approved energy efficiency and sustainability measures have been implemented in regard to that specific plot.

Page 39 · Chunk 184 47. Waste management plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 47. Waste management plan Prior to the commencement of superstructure works of each relevant Plot, a Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority. This Plan shall include details to demonstrate compliance with the following guidelines in respect to that Plot:  Internal waste storage is to be provided for each residential unit (where applicable);  Bin stores are to be built in accordance with relevant standards;  Measurement of bins are to be provided in cubic meters to demonstrate there is sufficient space in bin stores;  Sufficient door sizes with catches or stays are to be provided;  The facilities are appropriately ventilated.  They have a suitably robust design including walls that are fitted with rubber buffers and that any pipes/services are fitted with steel cages.  They feature gates/doors with galvanised metal frames/hinges and locks.  They have sufficient capacity to service the relevant building/use.  They have maintenance facilities, including a wash-down tap and floor drain.

Page 39 · Chunk 185 47. Waste management plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 47. Waste management plan  All bin stores are to be free from any steps;  Bins are to be built in accordance with relevant standards;  Bulky waste storage must be in its own separate storage unit away from other waste streams;  Information of dropped kerbs is to be provided and within 10 metres of trolleying distance from bin stores;  Waste carrying distance for residents should be maximum 30 metres to the bin store;  Managing agent shall present all waste streams including bulky waste where these are not within 10 metres trolleying distance for the waste collection operatives including all waste stored at all other levels except ground level, and;  Details of how the waste collections vehicle will service this proposal including all loading and unloading areas must be provided. The provisions for waste storage shown on the approved plans shall be maintained for the lifetime of the development. The waste storage and waste collection facilities for a particular Plot shown on approved drawings shall be provided prior to the first occupation of the relevant Plot and be maintained in an operational condition and made available to the occupiers of the building for the lifetime of the development. https://www.gov.uk/planning-inspectorate 39

Page 40 · Chunk 186 47. Waste management plan

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 47. Waste management plan Appeal Decision APP/E5900/W/23/3320336

Page 40 · Chunk 187 48. Radio Infrastructure

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 48. Radio Infrastructure Prior to the commencement (excluding demolition) of each Plot, a base-line radio impact survey for the relevant Plot shall be submitted to and approved in writing by the Local Planning Authority in consultation with Docklands Light Railway Limited, including a scheme of mitigation where required. This is to assess the impact of the development on the Docklands Light Railway Radio system signal levels. The development of the relevant Plot shall be implemented only in accordance with the details so approved.

Page 40 · Chunk 188 49. Tower Crane Method Statement

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 49. Tower Crane Method Statement Prior to the erection or dismantling of any crane relating to the development hereby approved, a Tower Crane Base Design (including certification), a Risk Assessment and a Method Statement shall be submitted to and approved in writing by the Local Planning Authority, in consultation with Docklands Light Railway Limited. The submission shall include details of crane siting, erection, lifting arrangements, operational procedure (including any radio communications), jacking up, derigging in addition to plans for elevation, loads, radius, slew restrictions and collapse radius. The development shall be carried out in full accordance with the details so approved.

Page 40 · Chunk 189 50. Scheme of interpretation

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 50. Scheme of interpretation Prior to commencement of the development, a scheme of Heritage Interpretation relating to the areas of the proposed development within the Naval Row Conservation Area shall be submitted to and approved in writing by the Local Planning Authority. Such scheme of interpretation shall set out the measures that will be put in place to help communicate and explain to the public the heritage of those areas and which shall include a public lecture regarding the history of Naval Row. The scheme shall be implemented in full within 6 months of occupation of the final Plot and shall be maintained for the lifetime of the development.

Page 40 · Chunk 190 51. Light Pollution Assessment

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 51. Light Pollution Assessment A Light Pollution Assessment shall be submitted with each reserved matters application.

Page 40 · Chunk 191 52. Piling Method Statement

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 52. Piling Method Statement Prior to the commencement of any piling works relating to any relevant Plot, a Piling Method Statement for that Plot shall be submitted to and approved in writing by the Local Planning Authority. The Piling Method Statement shall include details of the depth, location and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works. The relevant part of the development shall be carried out only in accordance with the details so approved.

Page 40 · Chunk 192 53. Design Code - Green Wall(s)

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 53. Design Code - Green Wall(s) Notwithstanding the approved Data Centre Outline Phase Design Code (September 2021), the data centre within Plot 3 must incorporate one or more green walls and the reserved https://www.gov.uk/planning-inspectorate 40 Appeal Decision APP/E5900/W/23/3320336 matters application for the data centre shall indicatively show how this will be incorporated. Full details of the green wall(s) must be submitted to and approved by the Local Planning Authority prior to the commencement of superstructure works in respect of the data centre. The relevant part of the development shall be carried out only in accordance with the details so approved.

Page 41 · Chunk 193 54. Design Code – Maritime history

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — 54. Design Code – Maritime history Notwithstanding the approved Data Centre Outline Phase Design Code (September 2021), the facades to the data centre within Plot 3 must integrate references to the site’s maritime history and the reserved matters application for the data centre shall indicatively show how this will be incorporated. Full details of the facades including the detailed design and materials must be submitted to and approved by the Local Planning Authority prior to the commencement of superstructure works in respect of the data centre. The relevant part of the development shall be carried out only in accordance with the details so approved.

Page 41 · Chunk 194 *** END OF CONDITIONS ***

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — *** END OF CONDITIONS *** https://www.gov.uk/planning-inspectorate 41 Appeal Decision APP/E5900/W/23/3320336

Page 42 · Chunk 195 Schedule of plans pursuant to Condition 3

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — Schedule of plans pursuant to Condition 3 Existing Drawings Application Drawing No: Revision Description 10373-SHP-Z0-A-B5D9-G100-XS-CC-001 P01 Existing Typical Site Section C-C 10373-SHP-Z0-A-B5D9-G100-XS-BB-001 P01 Existing Typical Site Section B-B 10373-SHP-Z0-A-B5D9-G100-XS-AA-001 P01 Existing Typical Site Section A-A 10373-SHP-Z0-A-B5D9-G100-XP-XX-001 P01 Existing Site Location Plan 10373-SHP-Z0-A-B5D9-G100-XS-RF-001 P01 Existing Site Roof Plan 10373-SHP-Z0-A-B5D9-G100-XS-B1-001 P01 Existing Basement Site Plan 10373-SHP-Z0-A-B5D9-G100-XS-00-001 P01 Existing Ground Site Floor Plan 10373-SHP-Z0-A-B5D9-G100-XS-EW-001 P01 Existing Typical Site West Elevation 10373-SHP-Z0-A-B5D9-G100-XS-ES-001 P01 Existing Typical Site South Elevation 10373-SHP-Z0-A-B5D9-G100-XS-EN-001 P01 Existing Typical Site North Elevation 10373-SHP-Z0-A-B5D9-G100-XS-EE-001 P01 Existing Typical Site East Elevation 201 P01 Existing Dock Wall Elevation 01 217 P01 Existing Dock Wall Elevation 02 Site Wide Plans Application Drawing No: Revision Description 10373-SHP-Z0-A-B5D9-G100-PL-XX-001 P01 Proposed Site Planning Boundaries 10373-SHP-Z0-A-B5D9-G100-PL-XX-002 P01 Proposed Site Phasing Plan 10373-SHP-Z0-A-B5D9-G100-PL-XX-003 P01 Proposed Site Development Plots Plan

Page 42 · Chunk 196 Schedule of plans pursuant to Condition 3

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — Schedule of plans pursuant to Condition 3 10373-SHP-Z0-A-B5D9-JC20-XP-00-001 P01 Proposed Demolition Plan 100 P02 Proposed Landscape Masterplan 104 P02 Proposed Lighting Plan 106 P02 Proposed Tree Layout Plan 108 P02 Urban Greening Factor Outline Parameter Plans Application Drawing No: Revision Description 308 June 2021 Studio Outline Phase – Parameter Plan Vertical Extent 310 June 2021 Studios Outline Phase – Parameter Plan Horizontal Extent 0467 P-210 PL01 Data Centre Horizontal Extent 0467 P-215 PL02 Data Centre Vertical Extent Outline Scheme – Illustrative Drawings Revision: Description Application Drawing No: 300 June 2021 Studios Outline Phase - Illustrative Scheme Lower Levels 301 June 2021 Studios Outline Phase - Illustrative Scheme Upper Levels 302 June 2021 Studios Outline Phase - Illustrative Scheme Section C-C 303 June 2021 Studios Outline Phase - Illustrative Scheme Section B-B 305 June 2021 Studios Outline Phase - Illustrative Scheme External Elevations 0467 P-120 PL01 Plot 03 – Data Centre https://www.gov.uk/planning-inspectorate 42

Page 43 · Chunk 197 Schedule of plans pursuant to Condition 3

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — Schedule of plans pursuant to Condition 3 Appeal Decision APP/E5900/W/23/3320336 Detailed phase drawings Application Drawing No: Revision Description 10373-SHP-Z0-A-B5D9-G100-PL-00-001 P02 Proposed Ground Floor Site Plan 10373-SHP-Z0-A-B5D9-G100-PL-02-001 P02 Proposed Typical Lower Site Plan (L02) 10373-SHP-Z0-A-B5D9-G100-PL-09-001 P02 Proposed Typical Mid Site Plan (L09) 10373-SHP-Z0-A-B5D9-G100-PL-25-001 P02 Proposed Typical Upper Site Plan (L25) 10373-SHP-Z0-A-B5D9-G100-PL-B1-001 P02 Proposed Basement Site Plan 10373-SHP-Z0-A-B5D9-G100-PL-RF-001 P02 Proposed Typical Site Roof Plan 10373-SHP-Z0-A-B5D9-G100-SE-AA-001 P02 Proposed Typical Site Section A-A 10373-SHP-Z0-A-B5D9-G100-SE-BB-001 P02 Proposed Typical Site Section B-B 10373-SHP-Z0-A-B5D9-G100-SE-CC-001 P01 Proposed Typical Site Section C-C 10373-SHP-Z0-A-B5D9-G100-EL-EE-001 P02 Proposed East Elevation 10373-SHP-Z0-A-B5D9-G100-EL-EN-001 P02 Proposed North Elevation 10373-SHP-Z0-A-B5D9-G100-EL-ES-001 P02 Proposed South Elevation 10373-SHP-Z0-A-B5D9-G100-EL-EW-001 P02 Proposed West Elevation 10373-SHP-Z1-A-B5D9-F200-PL-TY-001 P02 Proposed Typical Lower M4(3) Units – C3 10373-SHP-Z1-A-B5D9-F200-PL-TY-002 P02 Proposed Typical Upper M4(3) Units – C3 10373-SHP-Z0-A-B5D9-G200-EL-EW-001 P02 BTR Proposed West

Page 43 · Chunk 198 Schedule of plans pursuant to Condition 3

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — Schedule of plans pursuant to Condition 3 Elevation 10373-SHP-Z1-A-B5D9-G200-PL-00-001 P02 BTR Proposed Ground Floor Plan 10373-SHP-Z1-A-B5D9-G200-PL-01-001 P02 BTR Proposed Level 1 Plan 10373-SHP-Z1-A-B5D9-G200-PL-09-001 P02 BTR Proposed Level 9 Plan 10373-SHP-Z1-A-B5D9-G200-PL-B1-001 P02 BTR Proposed Basement Plan 10373-SHP-Z1-A-B5D9-G200-PL-RF-001 P02 BTR Proposed Roof Plan 10373-SHP-Z1-A-B5D9-G200-PL-TY-001 P02 BTR Typical Plan Level 02-06 10373-SHP-Z1-A-B5D9-G200-PL-TY-002 P02 BTR Typical Plan Level 07-08 10373-SHP-Z1-A-B5D9-G200-PL-TY-003 P02 BTR Typical Plan Level 10-20 10373-SHP-Z1-A-B5D9-G200-PL-TY-004 P02 BTR Typical Plan Level 21-25 10373-SHP-Z1-A-B5D9-G200-PL-TY-005 P01 BTR Typical Plan Level 26-29 10373-SHP-Z1-A-B5D9-G200-SE-DD-001 P02 BTR Proposed Section D-D 10373-SHP-Z1-A-B5D9-G251-DE-TY-001 P02 Details – External Walls Ground Floor (Market/Intermediate) 10373-SHP-Z1-A-B5D9-G251-DE-TY-002 P02 Details – External Walls Ground Floor (Social) 10373-SHP-Z1-A-B5D9-G251-DE-TY-003 P01 Details – External Walls Typical Façade Bay Levels 02-08 10373-SHP-Z1-A-B5D9-G251-DE-TY-004 P01 Details – External Walls Typical Façade Bay Levels 02-08 10373-SHP-Z1-A-B5D9-G251-DE-TY-005 P01 Details – External Walls Typical Façade Bay Level 9 Amenity

Page 43 · Chunk 199 Schedule of plans pursuant to Condition 3

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — Schedule of plans pursuant to Condition 3 10373-SHP-Z1-A-B5D9-G251-DE-TY-006 P01 Details – External Walls Typical Winter Garden Façade Bay Levels 10-29 10373-SHP-Z1-A-B5D9-G251-DE-TY-007 P01 Details – External Walls Typical Winter Garden Façade Bay Levels 10-29 10373-SHP-Z2-A-B5D9-G200-PL-B1-001 P01 Student - General Arrangement - Proposed Basement Plan 10373-SHP-Z2-A-B5D9-G200-PL-00-001 P01 Student - General Arrangement - Proposed Ground Floor Plan 10373-SHP-Z2-A-B5D9-G200-PL-01-001 P01 Student - General Arrangement - Proposed Level 01 Plan https://www.gov.uk/planning-inspectorate 43

Page 43 · Chunk 200 Schedule of plans pursuant to Condition 3

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — Schedule of plans pursuant to Condition 3 10373-SHP-Z1-A-B5D9-G251-DE-TY-006 P01 Details – External Walls Typical Winter Garden Façade Bay Levels 10-29 10373-SHP-Z1-A-B5D9-G251-DE-TY-007 P01 Details – External Walls Typical Winter Garden Façade Bay Levels 10-29 10373-SHP-Z2-A-B5D9-G200-PL-B1-001 P01 Student - General Arrangement - Proposed Basement Plan 10373-SHP-Z2-A-B5D9-G200-PL-00-001 P01 Student - General Arrangement - Proposed Ground Floor Plan 10373-SHP-Z2-A-B5D9-G200-PL-01-001 P01 Student - General Arrangement - Proposed Level 01 Plan https://www.gov.uk/planning-inspectorate 43

Page 44 · Chunk 201 Schedule of plans pursuant to Condition 3

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — Schedule of plans pursuant to Condition 3 Appeal Decision APP/E5900/W/23/3320336 10373-SHP-Z2-A-B5D9-G200-PL-TY-001 P01 Student - General Arrangement Typical 1- Proposed Standard Units Floor Plan 10373-SHP-Z2-A-B5D9-G200-PL-TY-002 P01 Student - General Arrangement Typical 2- Proposed Standard Units Floor Plan 10373-SHP-Z2-A-B5D9-G200-PL-09-001 P01 Student - General Arrangement - Proposed Level 09 Plan 10373-SHP-Z2-A-B5D9-G200-PL-TY-003 P01 Student - General Arrangement - Typical 3- Proposed Standard Units Floor Plan 10373-SHP-Z2-A-B5D9-G200-PL-TY-004 P01 Student - General Arrangement - Typical 4-Proposed Standard Units Floor Plan 10373-SHP-Z2-A-B5D9-G200-PL-TY-005 P01 Student - General Arrangement - Typical 5-Proposed Studio Units Floor Plan 10373-SHP-Z2-A-B5D9-G200-PL-TY-006 P01 Student - General Arrangement - Typical 6-Proposed Studio Units Floor Plan 10373-SHP-Z2-A-B5D9-G200-PL-RF-001 P01 Student - General Arrangement - Proposed Roof Plan 10373-SHP-Z2-A-B5D9-G200-SE-EE-001 P01 Student Residential - General Arrangement - Proposed Section E-E 10373-SHP-Z2-A-B5D9-G200-EL-EE-001 P01 Student - General Arrangement - Proposed East Elevation 10373-SHP-Z2-A-B5D9-G251-DE-TY-001 P01 Student Building - Typical Details - External Walls - Ground Floor Entrance

Page 44 · Chunk 202 Schedule of plans pursuant to Condition 3

MULBERRY PLACE TOWN HALL, 5 CLOVE CRESCENT, LIGHTERMAN HOUSE, 3 CLOVE CRESCENT, London, E14 2BG — London Borough of Tower Hamlets — Schedule of plans pursuant to Condition 3 10373-SHP-Z2-A-B5D9-G251-DE-TY-002 P01 Student Building - Typical Details - External Walls - Cycle Store and Commercial Unit Entrance 10373-SHP-Z2-A-B5D9-G251- P01 Student Building - Details - External Walls - Typical 10373-SHP-Z2-A-B5D9-G251-DE-TY-004 P01 Student Building - Details - External Walls - Typical Façade Bay - Levels 02-08 - 400mm Deep Fins 10373-SHP-Z2-A-B5D9-G251-DE-TY-005 P01 Student Building - Details - External Walls - Typical Façade Bay - Level 09 Amenity 10373-SHP-Z2-A-B5D9-G251-DE-TY-006 P01 Student Building - Details - External Walls - Typical Façade Bay - Levels 10-29 - 400mm Deep Fins DE-TY-003 Façade Bay – Levels 02-08 – 150mm deep Fins https://www.gov.uk/planning-inspectorate 44

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

Main issues and findings

Heritage impact
Neutral
¶28-30

The proposal would preserve and enhance the character and appearance of the Naval Row Conservation Area. The listed perimeter wall and other listed structures would be preserved and their setting would be enhanced.

Heritage impact
Against appellant
¶31-40

The proposal would result in no harm to the setting of the Conservation Area as a designated heritage asset. The proposal would open up areas inside the wall, making a positive contribution to the significance of the asset.

Other
For appellant
¶55-65

The proposed buildings would comply with the design principles of Policy D.DH6, stepping down towards the edge of the Blackwall Cluster and maintaining separation from the nearby Canary Wharf cluster.

Other
For appellant
¶66-69

The proposed buildings would demonstrate exceptional architectural quality, with a combination of wide bases, stepped open living levels, and narrow tops. The data centre would be designed to respect the history and improve the aesthetics of the wider area.

Policies relied on

Reference Weight
THLP S.DH1
Determinative
THLP S.DH3
Substantial
THLP D.DH6
Determinative
London Plan 2021 D1
Substantial
London Plan 2021 HC1
Moderate
London Plan 2021 GG2
Moderate

Site constraints from the Casework Database

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

Source

Decision letter, 44 pages, issued by the Planning Inspectorate on 1 December 2023 under the Open Government Licence.