The Smokery, Greenhill Rents, LONDON, EC1M 6BW

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Appeal Decision Site visit made on 15 December 2023 by Tom Gilbert-Wooldridge BA (Hons) MTP MRTPI IHBC an Inspector appointed by the Secretary of State Decision date: 5 January 2024 Appeal Ref: APP/V5570/W/23/3327030 The Smokery, 2-6 Greenhill Rents, Islington, London EC1M 6BW • 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 Mr Richard Jameson of VMM Ltd. against the decision of the Council of the London Borough of Islington. • The application Ref P2022/3822/FUL, dated 24 October 2022, was refused by notice dated 1 February 2023. The development proposed is described on the application form as proposed new service core extension to the easterly (front) elevation at basement, ground, first and second floors. New entrance comprising a lift to improve accessible access and stair core. Addition of a third and fourth floor roof extension to accommodate additional office (B1) floorspace, and associated roof terraces. Decision 1.

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Appeal Decision The appeal is allowed and planning permission is granted for the erection of two-storey roof extension to provide additional office floorspace with associated roof terraces; erection of an extension at basement, ground, first and second floor levels to the easterly (front) elevation of the building to facilitate a new stair and lift core; and associated works at The Smokery, 2-6 Greenhill Rents, Islington, London EC1M 6BW in accordance with the terms of the application, Ref P2022/3822/FUL, dated 24 October 2022, subject to the 14 conditions set out in the attached schedule. Preliminary Matters 2. The description of development in the formal decision above is taken from the decision notice and appeal form for clarity and conciseness. 3. The Islington Local Plan Strategic and Development Management Policies was adopted in September 2023 (the Local Plan). The Council has confirmed that policies in the Core Strategy and Development Management Policies 2013 have been superseded by new Local Plan policies. My decision has regard to the new policies and the appellant has had the opportunity to comment on them. 4. The National Planning Policy Framework (NPPF) has been updated twice since the Council made its decision.

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Appeal Decision The latest version is dated 19 December 2023. The main parties have been given the opportunity to comment on this version. Main Issue 5. The main issue is the effect of the proposed development on the character and appearance of the host building, surrounding area, and Charterhouse Square Conservation Area. https://www.gov.uk/planning-inspectorate

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Appeal Decision The latest version is dated 19 December 2023. The main parties have been given the opportunity to comment on this version. Main Issue 5. The main issue is the effect of the proposed development on the character and appearance of the host building, surrounding area, and Charterhouse Square Conservation Area. https://www.gov.uk/planning-inspectorate

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Appeal Decision Appeal Decision APP/V5570/W/23/3327030 Reasons 6. The appeal site comprises a 3 storey flat roof building on the north-west side of a narrow side street known as Greenhill Rents. It dates from the 1980s and has a postmodern Art Deco style with a broadly symmetrical front (south-east) elevation. The street is flanked by buildings on all sides that are used for a mixture of commercial and residential purposes. Building heights vary from 3 to 5 storeys which gives the street a dense urban character. External facing materials are predominantly brick and render with small windowpanes including the metal Crittall style windows on the appeal building. This character continues into the adjoining Cowcross Street which is a wider thoroughfare with buildings of a similar height to Greenhill Rents. 7. The site and surrounding area form part of Charterhouse Square Conservation Area. It has a wealth of historic buildings and spaces ranging from a former medieval monastery and current almshouse (The Charterhouse) in the east to Cowcross Street in the west.

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Appeal Decision The character and appearance of the conservation area, along with its significance, is greatly informed by the richness of architectural character and historic fabric combined with the variety of uses including workshops and other commercial activities. 8. The appeal building has a strong parapet line generally consistent with surrounding buildings on Greenhill Rents. This is best appreciated from the junction with Cowcross Street where the building can be viewed in-between a warehouse that is 4 storeys (11 Greenhill Rents) and a townhouse (1 Greenhill Rents) which is 3 storeys plus mansard roof. The building and others on the street make a positive contribution to the conservation area due to the general uniformity of heights and scale along with their architectural character. 9. Conservation Area Design Guidelines 2002 (CADG) covering this conservation area note that most buildings in the area are between 3 and 5 storeys high, with anything taller mostly detracting from the general appearance.

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Appeal Decision The CADG restricts new buildings and extensions to 5 storeys but clarifies on some sites that buildings may need to be lower to fit into the existing scale of the street, to conform with prevailing parapet heights, and to respect their neighbours. The CADG also states that roof extensions visible from the street will not be granted where this is harmful to the character and appearance of the building. 10. The Islington Urban Design Guide 2017 (UDG) notes that rooflines are often an important feature in conservation areas and that proposals for roof extensions along an unaltered roofline will not generally be acceptable. This advice appears to relate more to terraces rather than standalone buildings. 11. The building is currently undergoing construction works to add a 4th storey following the Council’s grant of planning permission1 in June 2022. There is no dispute between the appellant and the Council that the proposed development would involve the same 4th storey addition plus a 5th storey. A planning appeal2 for a 2 storey roof extension was dismissed in November 2021 due to the adverse effect it would have had on the conservation area. I have had regard to that appeal decision and the plans that accompanied it. 12.

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Appeal Decision Compared to the dismissed appeal scheme, the proposed development would see both additional floors set back from Greenhill Rents by around an additional 1 P2022/1559/S73 2 APP/V5570/W/21/3270025 https://www.gov.uk/planning-inspectorate 2

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Appeal Decision Compared to the dismissed appeal scheme, the proposed development would see both additional floors set back from Greenhill Rents by around an additional 1 P2022/1559/S73 2 APP/V5570/W/21/3270025 https://www.gov.uk/planning-inspectorate 2

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Appeal Decision Appeal Decision APP/V5570/W/23/3327030 0.5m at 1.3m per floor. The 5th storey would also be set further back on the side elevation facing No 1 as the lift overrun and the top of the main stairwell would be contained within the 4th storey. 13. When viewed from the junction with Cowcross Street, these elements would ensure that the extensions would not compete with the warehouse at No 11 and would also not break the parapet line with No 1. This would continue to be the effect heading down Greenhill Rents to the site ensuring that No 1 and No 11 would not be overwhelmed by the additions. Standing near to the entrance gate and yard between No 1 and the appeal building, the extensions would be more visible but the greater set back at the front and side would avoid a top heavy or bulky effect. Given the height of the existing building and location next to the footway, the additional floors would not be particularly noticeable from positions in front of the building or looking along Greenhill Rents back to Cowcross Street. 14. The proposed development would also relocate the existing plant room from the side of the building into the 5th storey.

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Appeal Decision This would remove metal louvres that sit on top of a single storey side projection and lessen the bulk of this part of the building when viewed along Greenhill Rents. The proposed use of render, London stock brick and metal windows would complement the existing building and the surrounding area. The glass balustrades would not be very tall and would be set back from the edge of the parapet to limit their visual impact. 15. Art Deco buildings often use symmetry and tiered facades. As such, the stepped nature of the extension and the symmetrical front elevation in terms of fenestration and proportions would be in keeping with this architectural approach. Therefore, the proposed development would respect the host building and its neighbours in terms of its scale, height and overall appearance. Moreover, it would preserve the character and appearance of the conservation area and not result in harm to its significance. 16. In conclusion, the proposed development would have an acceptable effect on the character and appearance of the host building, the surrounding area, and Charterhouse Square Conservation Area. Therefore, it would accord with Local Plan Policies PLAN1, DH1 and DH2.

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Appeal Decision Amongst other things, these policies require development to be of a high quality and make a positive contribution to local character whilst conserving or enhancing heritage assets. The development would also accord with Policies D4 and HC1 of the London Plan 2021 which seek good design and the conservation of heritage assets. It would adhere to the NPPF which advocates well-designed places and the conservation of the historic environment and would follow the advice in the CADG and the UDG in terms of building heights, rooflines, and roof extensions. Other Matters 17. The 5 storey neighbouring building at 88 Cowcross Street has several residential flats above ground floor. The rear elevation of these flats face the appeal site although the upper two floors look above the roof of the existing building. The proposed development would increase the sense of enclosure for these flats and there would be some intervisibility between windows and terraces/balconies. However, the separation distances of around 9m would be comparable to existing gaps between buildings while the angle between the flats and the appeal building is oblique which would lessen the effect on outlook and privacy. https://www.gov.uk/planning-inspectorate 3

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Appeal Decision Appeal Decision APP/V5570/W/23/3327030 18. The supporting text to Local Plan Policy PLAN1 refers to a minimum distance of 18m between windows of habitable rooms. However, the appeal building would continue to be used for office purposes which would limit the hours people are likely to be present and means that the above requirement is not necessary. The proposed terraces at 4th and 5th storey would not directly overlook the flats and their hours of use can be controlled by condition. 19. The appellant’s daylight and sunlight assessment notes that changes in light levels to the flats would be within best practice guidance apart from sunlight to the bedroom window on the first floor. However, this window would only experience slightly less than the target amount and based on the dense urban context would still receive a reasonable level of sunlight over the year. The balconies would not see a reduction of direct sunlight greater than 20% from the existing scenario apart from one flat in the early spring. However, this balcony would continue to receive good levels of sunlight in the summer and for an urban location this is considered acceptable.

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Appeal Decision There is no apparent communal outdoor space between No 88 and the appeal building and so no adverse effect on light levels would occur. 20. Uplighters are proposed within the building forecourt, but these are likely to be used for navigation purposes rather than illuminating the building and so would not be overly bright or disturb neighbouring properties. Therefore, the proposed development would have an acceptable effect on the living conditions of occupiers of neighbouring properties. It would not conflict with Local Plan Policy B2 which, amongst other things, seeks to ensure that new business floorspace does not detrimentally impact on residential amenity, or conflict with London Plan Policies D6 and D8 which, amongst other things, require development to provide sufficient light to surrounding housing and minimise intrusive lighting. There would also be no conflict with Local Plan Policy DH5 or London Plan Policy D13 which seek to ensure that new development does not jeopardise existing uses through careful design and layout. 21. There are several listed buildings near to the appeal site on Cowcross Street, Charterhouse Street, and St John Street.

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Appeal Decision However, there is sufficient distance between these buildings and the site along with intervening built form to ensure that their settings would be preserved. Conditions 22. Conditions 1 and 2 setting a time limit for the commencement of the development and specifying the approved plans are necessary for clarity and compliance. Conditions 3 to 7 are necessary to ensure that the construction phase has an acceptable effect on neighbouring occupiers, the environment, and below ground structures. Conditions 3 to 6 are pre-commencement conditions as they concern elements that need to be approved before works begin. I note that these four conditions may have already been discharged for the June 2022 permission that is currently being implemented, but I have limited information on this matter. Nevertheless, it should be straightforward for the appellant to discharge these conditions given the existing permission. I have removed the tailpiece clauses from Conditions 3 and 4 to prevent changes to construction details outside of the proper planning process. 23. Condition 8 is necessary to ensure that the development has an acceptable effect on the character and appearance of the area.

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Appeal Decision Condition 9 is necessary in the interests of encouraging sustainable modes of transport while Condition 10 https://www.gov.uk/planning-inspectorate 4 Appeal Decision APP/V5570/W/23/3327030 is necessary to ensure adequate refuse and recycling facilities. Conditions 11 and 12 are necessary in the interests of biodiversity enhancements. Conditions 13 and 14 are necessary to safeguard the living conditions of neighbouring occupiers regarding the use of the extension including the external terraces and to maintain office floorspace in this part of London. Conclusion 24. For the reasons set out above, and having had regard to all other matters raised, I conclude that the appeal should be allowed.

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Tom Gilbert-Wooldridge INSPECTOR Schedule of Conditions (14) 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: VMM3075 (00) 100, (00) 001, (Dem) 01, (Dem) 02, (Dem) 03, (Dem) 04, (Dem) 05, (10) 001, (10) 002, (10) 003, (10) 004, (10) 005, (10) 006, (10) 007, (27) 001, (40) 001, (40) 002, (40) 003, (40) 100, (40) 101, (40) 102, (40) 103, (76) 001A, (90) 001 and (90) 002. 3) No development (including demolition works) shall take place on site unless and until a Construction Method Statement has been submitted to and approved in writing by the local planning authority. The approved Statement shall be adhered to throughout the construction period.

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Tom Gilbert-Wooldridge The Statement shall provide for: (i) the parking of vehicles of site operatives and visitors; (ii) loading and unloading of plant and materials; (iii) storage of plant and materials used in constructing the development; (iv) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; (v) wheel washing facilities; (vi) measures to control the emission of dust and dirt during construction; and (vii) a scheme for recycling/disposing of waste resulting from demolition and construction works. The development shall be carried out strictly in accordance with the details so approved. https://www.gov.uk/planning-inspectorate 5

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Tom Gilbert-Wooldridge The Statement shall provide for: (i) the parking of vehicles of site operatives and visitors; (ii) loading and unloading of plant and materials; (iii) storage of plant and materials used in constructing the development; (iv) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; (v) wheel washing facilities; (vi) measures to control the emission of dust and dirt during construction; and (vii) a scheme for recycling/disposing of waste resulting from demolition and construction works. The development shall be carried out strictly in accordance with the details so approved. https://www.gov.uk/planning-inspectorate 5

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Tom Gilbert-Wooldridge Appeal Decision APP/V5570/W/23/3327030 4) A Construction Environmental Management Plan (CEMP) assessing the environmental impacts (including (but not limited to) noise, air quality including dust, smoke and odour, emissions from non-road mobile machinery, vibration and TV reception) of the development shall be submitted to and approved in writing by the local planning authority prior to any works commencing on site. The report shall assess impacts during the construction phase of the development on nearby residents and other occupiers together with means of mitigating any identified impacts. The CEMP shall refer to Islington's Code of Practice for Construction Sites, BS5228:2009 and 2014, the GLA's Control of Dust and Emissions During Construction and Demolition SPG and shall commit the developer to sign up to the Non-Road Mobile Machinery Register. The development shall be carried out strictly in accordance with the details so approved.

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Tom Gilbert-Wooldridge 5) None of the development hereby permitted shall be commenced until detailed design and construction method statements for all of the ground floor structures, foundations and basements and for any other structures below ground level, including piling, any other temporary or permanent installations and for site investigations, have been submitted to and approved in writing by the local planning authority which: (i) accommodate the location of the Crossrail structures including temporary works; and (ii) mitigate the effects on Crossrail, of ground movement arising from development. The development shall be carried out in all respects in accordance with the approved design and method statements. All structures and works comprised within the development hereby permitted which are required by paragraphs (i) and (ii) of this condition shall be completed, in their entirety, before any part of the building hereby permitted is/are occupied.

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Tom Gilbert-Wooldridge 6) None of the development hereby permitted shall be commenced until a method statement has been submitted to, and approved in writing, by the local planning authority to include arrangements to secure that, during any period when concurrent construction is taking place of both the permitted development and of the Crossrail structures and tunnels in or adjacent to the site of the approved development, the construction of the Crossrail structures and tunnels is not impeded. The following should be provided with the submitted documentation: (i) A load take down schedule (Category 1 checked) detailing the foundation bearing loads (1.0LL+1.0DL+1.0SDL) expressed as an equivalent UDL (kN/m2). The schedule should include loads (1) before commencement (2) during demolition (maximum unloading) and (3) post completion; (ii) Details (drawings) for all below-ground works complete with levels (measured above Ordnance Datum) and demonstrating no spatial encroachment on the Crossrail exclusion zone; and (iii) Confirmation of completion of a UXO risk assessment and management plan.

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Tom Gilbert-Wooldridge 7) The Chartered Engineer (MEng) Chartered Structural Engineer (MI Struct.E) certifying the Structural Method Statement (SMS) dated https://www.gov.uk/planning-inspectorate 6

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Tom Gilbert-Wooldridge 7) The Chartered Engineer (MEng) Chartered Structural Engineer (MI Struct.E) certifying the Structural Method Statement (SMS) dated https://www.gov.uk/planning-inspectorate 6

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Tom Gilbert-Wooldridge Appeal Decision APP/V5570/W/23/3327030 September 2017 submitted to support the hereby approved development shall be retained (or a replacement person holding equivalent qualifications shall be appointed and retained) for the duration of the development to monitor the safety of the construction stages and to ensure that the long term structural stability of the existing buildings and other nearby buildings are safeguarded, in line with the supporting SMS. At no time shall any construction work take place unless a qualified engineer is appointed and retained in accordance with this condition. 8) The development shall be constructed in accordance with the schedule of materials noted on the approved plans and within the Design and Access Statement. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. 9) Details of the layout, design and appearance (shown in context) of the bicycle storage area(s) shall be submitted to and approved in writing by the local planning authority prior to any superstructure works commencing onsite. The storage shall be covered, secure and provide for no less than 3x cycle spaces.

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Tom Gilbert-Wooldridge The bicycle storage area(s) shall be provided strictly in accordance with the details so approved, provided/erected prior to the first occupation of the development, and maintained as such thereafter. 10) Prior to the first use of the development, details of the refuse and recycling shall be submitted to and approved in writing by the local planning authority. The approved details shall be implemented in full and retained thereafter. 11) A minimum of 2 no. nesting boxes / bricks shall be installed prior to the completion of the development and shall be retained thereafter. 12) The biodiversity green roof shown on the approved plans shall be: (a) biodiversity based with a varied extensive substrate base of an average depth of 80-150mm; (b) laid out in accordance with the approved plans; and (c) planted/seeded with a mix of species within the first planting season following the practical completion of the building works (the seed mix shall be focused on wildflower planting and shall contain no more than a maximum of 25% sedum).

The Smokery, Greenhill Rents, LONDON, EC1M 6BW — London Borough of Islington — Tom Gilbert-Wooldridge The biodiversity green roof shall not be used as an amenity or sitting out space of any kind whatsoever and shall only be used in the case of essential maintenance or repair or escape in case of emergency. The biodiversity roofs shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. 13) The roof terraces of the development shall not be used except between the hours of 09:00 and 18:00 Monday to Friday except in the case of essential maintenance or repair or escape in case of emergency. 14) The third and fourth floor extension of the development shall only be used as an office (Class E(g)(i)(ii) or financial & professional services (Class E(c)(i)(ii)(iii) and for no other use within Use Class E of the Town and Country Planning (Use Classes) Regulations 2020, as amended for duration that this is in force. https://www.gov.uk/planning-inspectorate 7