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Committee: Date: Item no.

Planning and Transportation 27 June 2011

Subject:

Exhibition Hall 1 Barbican Trade Centre Golden Lane London EC2

Change of use of the existing Barbican Exhibition Hall 1, Class (D1), to a

cinema complex with two auditoriums, Class D2, (2135 sqm), a restaurant,

Class A3, (718 sqm) and retail space for either Class A1 or Class A3 use,

(169 sqm).

Ward: Cripplegate Public For Decision

Registered No: 10/00876/FULLR3 Registered on: 24 December 2010

Conservation Area: No Listed Building: Grade II

UDP Policies: ECON5 REC6 SHOP4 UTIL6 ENV17 IMP5 CS20 HOUS9

SHOP3

Summary

Planning permission is sought for: (i) Change of use of the existing Barbican

Exhibition Hall 1, Class (D1) to a cinema complex with two auditoriums Class

D2 (2135sqm), a restaurant Class A3 (718sqm) and retail space for either Class

A1 or Class A3 use (169sqm)). The total space retail floorspace proposed is

(887sqm). (ii) Installation of new external facade cladding system

(iii) Installation of new louvres on north and east elevations. Listed Building

Consent is sought for internal and external alterations to include the installation

of new external facade cladding in lieu of existing and installation of new

louvres on north and east elevations. 52 letters of objection and 14 letters of

support have been received from nearby residents of the Barbican Estate. The

objections relate to the potential for noise nuisance from users of the Cinema,

restaurant and retail uses, noise nuisance from the rear service yard, traffic and

pedestrian congestion and the visual impact of the development.

Recommendation

That planning permission is granted for the above proposal in accordance with

the details set out in the attached schedule.


SITE LOCATION APPLICATION PLAN


Site

1. The site is located at the north eastern edge of the Barbican complex west of Whitecross Street and comprises the eastern section of Exhibition Hall 1. The

eastern section of Exhibition Hall 1 would be divided off to house the new two

screen cinema facility. The area proposed for the cinema use does not include

the main entrance to the Exhibition Hall. New facades are proposed to Beech

Street and Whitecross Street which would incorporate the new entrance to the

cinema and the frontages for two new retail units. The rear service yard

elevation, visible from Whitecross Street, would also be altered.

2. Exhibition Hall 1 forms the ground and first floor of the Barbican buildings in this location with the podium level walkway utilising the space over the top of

the Exhibition Hall. Two residential blocks, Ben Jonson House and Breton

House, stand on pilotis above the podium level. Ben Jonson House is directly

above the proposed cinema auditoriums.

Proposal

3. Planning permissions are sought for:

(i) Change of use of the existing Barbican Exhibition Hall 1, Class (D1) to a cinema complex with two cinema auditoriums Class D2 (2135 sqm),

a restaurant Class A3 (718 sqm) and a retail space for either Class A1

or Class A3 use (169 sqm). The total retail floorspace proposed is 887

sqm.

(ii) Installation of new external facade cladding system.

(iii) Installation of new plant equipment and services.

4. Listed building consent is sought for internal and external alterations to include the installation of new external cladding to the façade, new plant

equipment and an internal fit out for the new uses.

5. This report refers to the applications for planning permission and for listed building consent.

Consultations

6. The applications have been advertised on site and in the Evening Standard.

7. The views of other City of London Departments have been taken into account in the preparation of this report.

8. English Heritage does not wish to offer any comments.

9. The London Borough of Islington has been consulted and raised no objections.

10. 53 letters of objection and 14 letters of support have been received from nearby residents of the Barbican Estate.

11. The objections have common themes which are the potential for noise from users of the cinema complex restaurant and retail uses, noise nuisance from the

rear service yard, traffic and pedestrian congestion and the visual impact of the


development. Copies of the letters of objection and support are attached to this

report.

12. In summary those writing letters of support welcome the proposed cinema complex, do not believe that there would be intrusive noise, consider that the

design is well thought out and attractive and believe that the area would

benefit from the proposed restaurant and retail uses.

13. The Barbican Centre has held meetings with Barbican residents before and after the submission of the applications.

Policies

14. The development plan consists of the London Plan and the City of London Unitary Development Plan. In addition, the LDF Draft Core Strategy has been

published for formal consultation and contains the City’s latest policy

proposals. The draft Core Strategy has been submitted to an Inspector for

examination in public and his report is expected at the end of June. In the

meantime, the draft Core Strategy and the Replacement London Plan policies

are a material consideration in the consideration of this application. The

relevant emerging policies are set out in Appendix A.

Human Rights Act

15. Under Section 6 of the Human Rights Act 1998, the Local Planning Authority must ensure that, as a "public authority", it does not act in a way which is

incompatible with a "Convention right", i.e. a right set out in the European

Convention on Human Rights, such incompatible action being unlawful.

16. Article 8 of the European Convention states that everyone has the right to respect for his private and family life, his home and his correspondence.

Article 1 of Protocol 1 provides that every natural and legal person (including

corporate bodies) is entitled to peaceful enjoyment of his possessions.

17. These are not absolute but qualified rights which must be balanced against the broader interests of society as a whole including its economic well being, and

against the rights and freedoms of others.

18. The balance for the City to weigh is between any private convention rights which may be infringed on the one hand and the public interest including the

interests of the economic well-being of the country in the proposed

redevelopment and the right of the applicant to seek to develop on the other.

Considerations

19. The City, in determining the planning applications have the following main statutory duties to perform:-

(i) To have regard to the provisions of the development plan, so far as material to the application and to any other material considerations.

(Section 70 Town & Country Planning Act 1990)

(ii) To determine the application in accordance with the development plan unless other material considerations indicate otherwise. (Section 38(6)

of the Planning and Compulsory Purchase Act 2004).


(iii) In respect of listed buildings, to have special regard to the desirability of preserving the building or its setting or any features of special

architectural or historic interest which it possesses (S66 (1) Planning

(Listed Buildings and Conservation Areas) Act 1990).

20. The applications have been submitted on behalf of the City of London under Regulation 13 of the Planning (Listed Building and Conservation Areas)

Regulations 1990. This requires that applications for listed building consent

are referred to the Secretary of State. The National Planning Casework Unit

would deal with this matter and has requested that applications referred to

them for determination indicate what the recommendation would have been.

21. The main issues for considerations in this case are:

a. The appropriateness of the proposed change of use.

b. The impact of the proposed internal and external alterations.

c. The impact of the proposal on the amenity of nearby residents and occupiers.

Proposed Change of Use

22. The proposal would provide a new cinema complex at ground and first floor levels, a restaurant (Class A3) and retail space (Class A1 or Class A3) at

ground floor level. Two cinema auditoriums are proposed which would be

flexible enough to provide for a range of formats and some live presentations.

The complex would have a seating capacity of 312 people including 6

permanent wheel chair positions.

23. The demand to use Exhibition Hall 1 for conferences has declined over the years. The Barbican Centre, after reviewing their economic viability, decided

that they should be closed and made available for alternative uses.

24. The proposed cinema complex would replace cinemas 2 and 3 of the Barbican Arts Centre which were closed in April 2010 due to sound being transmitted

through the concrete structure to the Frobisher Crescent flats above at an

unacceptable level. The area occupied by the cinemas is now used exclusively

for conference purposes.

25. The proposed cinema complex, restaurant and retail uses are supported by policies REC 6, SHOP 3, and SHOP 4 of the Unitary Development Plan 2002.

26. The proposed cinema complex and retail uses would replace the current unused premises. These uses would contribute to the vitality of the locality and

would significantly enhance the attractiveness of the area.

Impact of the Proposal on the Existing Building

27. The accommodation was purpose built as exhibition hall/convention space and largely retains its original external appearance. The Beech Street and

Whitecross Street frontages retain the original steel and glass panelled façade

system set back beneath the edge of the podium parapet. A number of painted

steel louvres located on the Beech street elevation provide extract and intake

for the plant rooms behind. The concrete pedestrian ramp gives access from

street level to the podium which obscures much of the remaining part of the


Whitecross Street elevation. An entrance for the residents of Ben Jonson

House is located behind the ramp on this façade.

28. The currently modest and understated appearance of the Beech Street and Whitecross Street facades of the Exhibition Hall would be altered to create an

active frontage rather than passive as existing and given a contemporary

appearance.

29. The service yard elevation utilises the same metal framed façade system incorporating areas of louvres. The façade accommodates a number of single

and double height concertina doors which provide access directly into the

exhibition hall behind.

30. Objections have been received on the grounds that the proposed new façades are not in keeping with the original design of the Barbican Estate and would

set a precedent for future alterations. The objections particularly focus on the

use of the translucent cladding giving the appearance of a ‘light box’.

31. The appearance of the proposed façade has been the subject of detailed discussions between the applicant and this Department. Careful consideration

has been given to retaining the existing cladding scheme or adapting its

structure to retain an appearance that would closely echo its original external

appearance. The retention and adaptation approach was found to be

incompatible with the proposed change of use to a cinema complex due to the

poor thermal and acoustic properties of the existing cladding system.

Incorporating suitable new entrances and the required ventilation louvres into

the panelised format of the existing cladding would be difficult and limiting

from a design perspective. The reinstatement, partial removal, adaptation or

replication of the existing system was considered therefore not to be

appropriate.

32. To reinforce the relationship between the cinema complex and the rest of the Arts Centre, the design of its elevations seeks to create a ‘family’ resemblance

to the Centre's Silk Street entrance. The proposed design repeats the use of

brown metal to pick out key elements of the overall design, such as the

entrance "portals" to the cinema complex and retail units. To emphasise the

cinema use as the primary function of the building and to ensure that the retail

units read as secondary functions, the cinema foyer entrance would have a

double height fully recessed entrance. Entrances to the secondary uses are

visually subservient, being of single height, and recessed to a lesser degree.

Proposed Internal Works

33. The internal works required for the conversion of the space to cinema use involve; removal of internal partition walls, internal spiral stairs and

containing walls from ground floor level to 1st floor, removal of four

structural columns, removal of sliding shutter doors to the service yard,

removal of sections of the first floor and removal of basement floor slab. New

structural steel support columns, an acoustic floor, walls and ceiling would

make up the new cinema auditoria.

34. To meet concerns about noise transmission to residents each new cinema auditorium would sit on a floating concrete floor within the masonry shell of

the exhibition hall. There would be no rigid connection between the

auditoriums and the main building structure. The purpose of this is to ensure


that the main building structure is protected from direct transmission of sound

from the cinema complex. A condition would be applied to ensure that there is

no transmission of noise from the cinema prior to it coming into use.

35. Minor additional works to fit out the ancillary cinema complex areas and the retail areas are proposed.

36. The interior of the Exhibition Hall has an open, utilitarian appearance, with little of interest in the way of fittings, layout and appearance. The proposed

internal works would not have significant impact on the listed qualities of the

building.

PPS5 Considerations

37. Planning Policy Statement 5 - Planning for the Historic Environment (PPS5) sets out the Government's national policies which are a material consideration

in development management decisions concerning listed buildings. The

document sets out the Government's Objectives concerning the value of the

historic environment and states that "intelligently managed change may

sometimes be necessary if heritage assets are to be maintained for the long

term".

38. Policy HE9.4 states: "Where a proposal has a harmful impact on the significance of a designated heritage asset which is less than substantial harm,

in all cases local planning authorities should: weigh the public benefit of the

proposal (for example that it helps to secure the optimum viable use of the

heritage asset in the interests of its long term conservation) against the harm."

39. The Barbican Exhibition Halls are considered to have an uncertain future in their current use. A number of proposals for alternative uses for the spaces

have been considered in recent years. The establishment of a cinema complex

and retail uses within Exhibition Hall 1 provides an appropriate use for this

part of the building.

40. An element of "harm" would be caused to the listed building due to the loss of the original panelised cladding along Beech Street and Whitecross Street and

to other existing features.

41. It is considered that the alterations amount to "less than significant harm. The panelised cladding system is characteristic of the northern Barbican façades

below the podium. Examples of this cladding can be found along the

Barbican's frontages to Goswell Road, Aldersgate Street, White Lyon Court,

Fann Street, Golden Lane and the western end of Beech Street. The large

scale and robust appearance of the Barbican Estate is such that the loss of this

section of cladding can be absorbed.

42. The proposed cinema complex would operate in association with the immediately adjacent Barbican Arts Centre and the revised appearance of this

frontage would be complimentary to its function as part of the Barbican Arts

Centre.

43. An objection has been received stating that the change in character brought about by the enlivenment of the two principal façades would be harmful to the

character of the building. It is acknowledged that the proposed façade would

be more animated than existing however the design of the façade would be


restrained in nature and of a high design quality and would represent a

significant improvement in the visual appearance of the building.

44. For these reasons it is considered that the public benefit in enhancing the Arts Centre through the establishment of the cinema use in this location outweighs

the "less than substantial harm" that would be caused to the listed building by

the change in appearance at this location.

Barbican Listed Building Management Guidelines

45. Volumes I (Introduction), and II (Residential Buildings) of the Barbican Listed Building Management Guidelines were adopted in May 2005. The Guidelines

do not contain detailed policy guidance directly relevant to the proposed

changes to the Exhibition Hall.

Signage Strategy

46. Signs proposed for the development would be the subject of a separate application for listed building consent and express advertisement consent.

Public Realm

47. The existing landscaping to the east elevation includes the concrete pedestrian access ramp to the podium level, an area enclosed by an existing concrete

upstand and railings and a number of signs, lighting poles and bollards in a

very confined area. It is proposed to remove the unnecessary elements such as

the surplus street furniture and the concrete upstand and railings. The area

would be repaved using the standard Barbican tiles used on the podium and

lakeside terraces and to pave the adjacent pavements in York stone as has been

done outside the main Arts centre entrance. A condition has been applied

requiring details of these proposals.

Servicing

48. Objections have been received with regards to potential noise emanating from the rear service yard as a result of the proposals.

49. The servicing strategy for the new uses would be an extension of the servicing strategy currently established for the main Barbican Arts Centre. Hours of

servicing for refuse collection, deliveries and vehicle movements would be

controlled by condition in accordance with the submitted Visitor Management

Strategy Plan. It is anticipated that the number of vehicle movements would be

less that those required for the Exhibition Hall.

50. To reduce any potential noise and disruption it is proposed that servicing and deliveries would only take place between the hours of 8.00 - 20.00 hours

Monday - Saturday and between 12.00 - 18.00 on Sundays and Public

Holidays. The servicing arrangements are within the guidelines provided by

the Department of Environmental Services. To ensure these arrangements are

satisfactory a condition has been imposed requiring a Service Management

Plan to be approved before the development commences.

51. Plant equipment would be installed within the unit and ventilated extracted into the rear service yard through louvres. A five stage filtration and air

recycling system is proposed. To ensure the protection of public amenity the

system is designed to remove all odours and smell prior to extraction.


Hours of Operation

52. Objections have been received in respect of the use of the Cinema complex and disturbance to residents.

53. To ensure that the impact on nearby residents is minimised a number of measures have been included within the Visitor Management Strategy Plan

with regards to hours of operation:

The start time of screenings would be staggered to provide a phased exit of audiences.

Cinema screenings would end between 23.10 and 23.15hrs.

The earliest opening times for the cinema complex would be 09.00hrs

The proposed restaurant (Class A3) and retail uses (Class A1 or A3) would not operate beyond 23.00hrs with last orders no later than 22.30hrs. The

earliest opening time would be 07.00hrs.

54. Conditions have been applied to ensure compliance with these hours of operation.

Public Nuisance Control

55. In addition to controlling the hours of operation the Visitor Management Strategy sets out measures to control potential public nuisance. This includes

providing a 'door ambassador' to monitor customer behaviour and the

management of people at the outgoing of every screening. These measures

have been introduced as a response to objections raised by residents

Transport Issues

56. Objections have been raised with regards to an increase in traffic as a result of the development and the pressure placed on the footway fronting the proposed

cinema complex.

57. A Transport Assessment has been produced which demonstrates that traffic congestion as a result of the development is unlikely however a condition is

proposed requiring an interim and full Travel Plan to be produced prior to the

use commencing.

58. Given the capacity of the cinema complex and the proposed timing of the cinema showings there is likely to be only one instance per day when

pedestrian numbers could cause a conflict and that is the 18.15-18.25 period.

This coincides with the arrival for the first screening and the evening peak for

commuters leaving work. In reality relatively small numbers are likely to wait

outside the complex given the internal layout and the area fronting the

restaurant entrance at the Beech Street/ Whitecross Street junction.

59. One of the early design intentions for the Barbican was to separate cars and people, however the separation is not absolute across the Estate. The main

entrance to the Arts Centre on Silk Street is sited at street level.

60. The cinema complex would have provision for 12 bookable disabled parking bays within the Barbican car parks.

61. A new taxi drop off not proposed as there is already a taxi stand with space for two taxis on the east side of Silk Street.


62. 20 visitor cycle spaces would be provided in and around the proposed landscaped area and existing pedestrian access ramp to the east end of the site.

Conclusion

63. The proposed development would provide new public uses that would enhance the locality. The new facades embody a family resemblance to the main

entrance to the Barbican Arts Centre in Silk Street visible from the junction of

Beech Street with Whitecross Street.

64. The development is in accordance with the guidance contained in PPS5 and the proposals would cause less than substantial harm either to Exhibition Hall

1 or to the Barbican as a whole.

65. The proposed development is subject to the imposition of conditions and would not adversely affect existing residential amenity and would not be

unduly harmful to the special architectural or historic interest of the listed

building.

Background Papers

Internal

Memo 26.01.11 Access Officer

Memo 25.01.11 Environmental Health

Memo 03.02.11 Department of Environmental Services

External

Letter 27.01.11 English Heritage

Planning Statement Allford Hall Monaghan

Transport Assessment Atkins

Technical Report Allford Hall Monaghan

Visitor Management Strategy Plan Barbican

Design and Access Statement Allford Hall Monaghan

Email 02.02.11 Susan Hay

Email 02.02.11 Anne Noonan

Email 01.02.11 Margaret Keeper

Email 01.02.11 Mike & Janet Greensmith

Email 26.01.11 Mark Lemanski

Email 24.01.11 Patrick & Jane Burke

Email 30.01.11 Chris Hay

Email 06.02.11 Ken & Marie Burnett

Email 08.02.11 Neil Crighton

Email 08.02.11 Howard Fidderman

Email 08.02.11 Laura Dennis & Eric Martin


Email 14.02.11 Paul Bowers Isaacson x2

Email 14.02.11 Frances Calman

Letter 15.02.11 Dr Anthony Field

Letter 14.02.11 City of London Access Group

Email 28.02.11 The Twentieth Century Society

Letter 14.02.11 Barbican Association x3

Letter 14.02.11 Robert B Barker

Email 14.02.11 Bruce Badger

Email 14.02.11 Roger Pavitt

Email 14.02.11 Nicholas Vergottis

Email 14.02.11 Cromwell Tower House Group

Email 14.02.11 Gordon Wise & Michael McCoy x3

Email 10.02.11 Norman Rea

Email 10.02.11 Christopher Spratt

Letter 08.02.11 Angela Skinner x2

Email 08.02.11 Douglas Amrine

Email 08.02.11 SP

Email 08.02.11 Christopher Gorman-Evans x2

Email 08.02.11 James Leahy

Email 08.02.11 Mr & Mrs J Blanchard

Letter 08.02.11 Helen Hulson x2

Email 08.02.11 Mona Henshall

Email 08.02.11 Anne Ticehurst x2

Letter 06.02.11 Margaret Woodruff

Email 07.02.11 Alison Wills x2

Letter 31.01.11 & 10.06.11 N. Osmond x 2

Email 07.02.11 Mike & Joanna Hawkins

Email 07.02.11 Merry & Pete Trainor

Email 07.02.11 Steven Gregor

Email 07.02.11 Tony Sadler

Email 07.02.11 Jenny Burdett

Email 07.02.11 Kevin Bond

Email 07.02.11 David Coleman

Email 07.02.11 Darrell Corner

Letter 06.02.11 P Wolfe


Email 05.02.11 Nigel Pilkington

Email 04.02.11 Grant Cathro

Email 06.02.11 Diana & Terry Lamb

Email 06.02.11 John & Julia Spencer

Email 06.02.11 Christopher Makin

Email 05.02.11 Emma Liddell

Email 05.02.11 Craig Liddell

Email 04.02.11 Mr Mark Stevens & Dr Volha Pankevich

Email 03.02.11 Christopher Willson

Email 29.01.11 Penelope Evans

Email 01.02.11 Grainne Gilmore

Email 02.02.11 Matt J Collins

Email 02.02.11 Sara Marley


Appendix A

London Plan Policies

1. The London Plan is part of the development plan for the City. As such the London Plan is a material consideration to which the City of London Corporation

must have regard in exercising its development control powers.

2. The London Plan sets out the Mayor’s vision which is to develop London as an exemplary, sustainable world city, based on three interwoven themes:

strong, diverse long term economic growth;

social inclusivity to give all Londoners the opportunity to share in London’s future success;

fundamental improvements in London’s environment and use of resources.

3. The London Plan policies which are most relevant to this application are set our below:

Policy 3B.1 To support and develop the economy of London as one of the three world cities

Policy 4A.3 Future developments should meet the highest standards of sustainable design and construction.

Policy 4A.4 Support the Mayor's Energy Strategy and its objectives of improving energy efficiency and increasing the proportion of energy used

generated from renewable sources.

Policy 4A.7 To achieve a reduction in carbon dioxide emissions of 20% from on site renewable energy generation (which can include sources of

decentralised renewable energy) unless it can be demonstrated that such

provision is not feasible.

Policy 4B.1 Ensure that development meets design principles for a compact city.

Policy 4B.2 Promoting world-class architecture and design.

Policy 4B.5 Creation of an inclusive environment.

Policy 4B.10 The design and impact of all large-scale buildings should be of the highest quality design and meet the requirements of the View

Management Framework, be suited to their wider context, be attractive

city elements, illustrate exemplary standards of sustainable construction

and resource management infrastructure, be sensitive to their impact on

micro-climates, pay particular attention in residential environments to

privacy, amenity and overshadowing, be safe and secure, be appropriate to

the transport capacity of the area, provide high quality spaces, where

appropriate, contain a mix of uses with public access.

Policy 4B.12 Protection and enhancement of historic assets in London.

4. The draft Replacement London Plan policies which are most relevant to this application are set our below:

Policy 2.10 Enhance and promote the unique international, national and London wide roles of the Central Activities Zone (CAZ);


Sustain and enhance the distinctive environment and heritage of the CAZ,

recognising both its strategic components such as the River Thames, the Royal

Parks, World Heritage Sites, designated views and more local features

including the public realm, smaller open spaces and distinctive buildings,

through high quality design and urban management;

In appropriate parts of the CAZ ensure that development of office provision is

not strategically constrained and that provision is made for a range of

occupiers especially the strategically important financial and business services.

Policy 2.11 Ensure that developments proposals to increase office floorspace within CAZ include a mix of uses including housing, unless

such a mix would demonstrably conflict with other policies in this plan.

Policy 4.1 Promote and enable the continued development of a strong and increasingly diverse economy;

Support the distinctive and crucial contribution to London’s economic success

made by central London and its specialist clusters of economic activity;

Promote London as a suitable location for European and other international

agencies and businesses.

Policy 4.2 Support the management and mixed use development and redevelopment of office provision to improve London’s competitiveness

and to address the wider objectives of this Plan, including enhancing its

varied attractions for businesses of different types and sizes.

Policy 5.2 Development proposals should make the fullest contribution to minimising carbon dioxide emissions.

Policy 5.3 Development proposals should demonstrate that sustainable design standards are integral to the proposal, including its construction and

operation.

Policy 6.3 Development proposals should ensure that impacts on transport capacity and the transport network are fully assessed.

Policy 6.9 Developments should provide secure, integrated and accessible cycle parking facilities and provide on-site changing facilities and showers

for cyclists.

Policy 7.2 All new development in London to achieve the highest standards of accessible and inclusive design.

Policy 7.3 Creation of safe, secure and appropriately accessible environments.

and architectural detail. New development should make provision for the protection of archaeological resources and significant memorials.

Policy 7.13 Development proposals should contribute to the minimisation of potential physical risks, including those arising as a result of fire, flood

and related hazards.


Planning permission is sought for: (i) Change of use of the existing Barbican

Exhibition Hall 1, Class (D1), to a cinema, Class D2, (2135 sqm), a restaurant, Class

A3, (718 sqm) and retail space, Class A1, (169 sqm). (ii) Installation of new

external facade cladding system. (iii) Installation of new plant equipment and

services. Listed Building Consent is sought for internal and external alterations to

include the installation of new external facade cladding in lieu of existing and new

plant equipment alterations for internal enabling works.52 letters of objection and 14

letters of support have been received from nearby residents of the Barbican Estate.

The objections have common themes which are the potential for noise from users of

the Cinema, restaurant and retail/coffee shop, noise nuisance from the rear service

yard, traffic and pedestrian congestion and the visual impact of the development.


SCHEDULE

APPLICATION: 10/00876/FULLR3

Exhibition Hall 1 Barbican Trade Centre Golden Lane

(i) Change of use of the existing Barbican Exhibition Hall 1, Class (D1), to a

cinema complex with two auditoriums, Class D2, (2135 sqm), a restaurant, Class

A3, (718 sqm) and retail space for either Class A1 or Class A3 use, (169 sqm). (ii)

Installation of new external facade cladding system. (iii) Installation of new plant

equipment and services.

CONDITIONS

1 The development hereby permitted shall be begun before the expiration of

three years from the date of this permission.

REASON: To ensure compliance with the terms of Section 91 of the Town

and Country Planning Act 1990.

2 The refuse collection and storage facilities shown on the drawings hereby

approved shall be provided and maintained throughout the life of the building

for the use of all the occupiers.

REASON: To ensure the satisfactory servicing of the building in accordance

with the following policies of the Unitary Development Plan 2002: UTIL 6,

ENV 1.

3 No live or recorded music that can be heard outside the premises shall be

played.

REASON: To safeguard the amenity of the adjoining premises and the area

generally in accordance with the following policies of the Unitary

Development Plan 2002: HOUS 9, ENV 33.

4 No live or recorded music shall be played that can be heard outside the

premises or within any residential or other premises in the building.

REASON: To safeguard the amenity of the adjoining premises and the area in

general in accordance with the following policies of the Unitary Development

Plan 2002: HOUS 9, ENV 33.

5 The proposed Class A3 and Class A1/A3 uses hereby permitted shall not be

open to customers between the hours of 23.00 on one day and 07.00 on the

following day.





6 No servicing of the premises shall be carried out between the hours of

20.00hrs on one day and 08.00hrs on the following day from Monday to

Saturday and between 18.00hrs and 12.00hrs on Sundays and Bank Holidays.

Servicing includes the loading and unloading of goods from vehicles and

putting rubbish outside the building.

REASON: To avoid obstruction of the surrounding streets and to safeguard the

amenity of the occupiers of adjacent premises, in accordance with the

following policies of the Unitary Development Plan 2002: HOUS 9, ENV 33.

7 The proposed cinema complex hereby permitted shall not be open to

customers between the hours of 23.15hrs on one day and 07.00hrs on the

following day.




8 The proposed cinema complex, restaurant and retail uses shall be operated in

accordance with the Visitor Managemant Plan accompanying the application.




9 Unless otherwise agreed in writing by the Director of Environmental Services

the level of noise emitted from any new plant shall be lower than the existing

background level by at least 10 LpA. Noise levels shall be determined at one

metre from the window of the nearest noise sensitive premises. The

measurements and assessments shall be made in accordance with B.S. 4142.

The background noise level shall be expressed as the lowest LA90 (10

minutes) during which plant is or may be in operation. A report demonstrating

compliance with this condition must be submitted to and approved in writing

by the Local Planning Authority before the plant hereby approved comes into

operation.

REASON: To protect the amenities of neighbouring residential/commercial

occupiers in accordance with the following policies of the Unitary


10 A Demolition Method Statement shall be submitted to and approved in writing

by the Local Planning Authority prior to any demolition taking place on the

site and the demolition of the buildings and structures on the site shall be

carried out in accordance with the approved Demolition Method Statement.

REASON: In the interests of public safety and to ensure a minimal effect on

the amenities of neighbouring premises and the transport network in

accordance with the following policies of the Unitary Development Plan 2002:

HOUS 9, ENV 33, TRANS 13.

11 A Construction Method Statement shall be submitted to and approved in

writing by the Local Planning Authority prior to any construction work taking

place on the site and the development shall be carried out in accordance with

the approved Construction Method Statement.


REASON: In the interests of public safety and to ensure a minimal effect on

the amenities of neighbouring premises and the transport network in


HOUS 9, ENV 33, TRANS 13

12 Works shall not begin until a scheme for protecting nearby residents and

commercial occupiers from noise, dust and other environmental effects, based

on the Department of Environmental Services' Code of Deconstruction and

Construction Practice, has been submitted to and approved in writing by the

Local Planning Authority and the development shall be carried out in

accordance with the approved scheme.

REASON: To protect the amenities of nearby residents and commercial

occupiers in accordance with the following policies of the Unitary


13 Prior to occupation, a scheme in the form of an acoustic report compiled by a

qualified specialist shall be submitted to and approved in writing by the Local

Planning Authority specifying the materials and constructional methods to be

used for sound proofing the proposed cinema complex, Class A3 and Class A1

uses so that the noise level in residential accommodation above does not

exceed NR30. The development pursuant to this permission shall be carried

out in accordance with the approved scheme and so maintained thereafter.

REASON: To protect the amenities of residential occupiers in the building in


HOUS 9, ENV 33.

14 Before any mechanical plant is used on the premises it shall be mounted in a

way which will minimise transmission of structure borne sound or vibration to

any other part of the building in accordance with a scheme to be submitted to

and approved in writing by the Local Planning Authority.

REASON: In order to protect the amenities of commercial occupiers in the

building in accordance with the following policy of the Unitary Development

Plan 2002: ENV 33.

15 Before any works thereby affected are begun, a scheme shall be submitted to

and approved in writing by the Local Planning Authority which specifies the

fume extract arrangements, materials and construction methods to be used to

avoid noise and/or odour penetration to the upper floors from the Class A use.

The details approved must be implemented before the Class A use takes place

and shall be so maintained thereafter for the life of the building.

REASON: In order to protect residential/commercial amenities in the building

in accordance with the following policies of the Unitary Development Plan

2002: HOUS 9, ENV 33.

16 Except as may be approved in writing by the Local Planning Authority the

loading and unloading areas must remain ancillary to the use of the building

and shall be available at all times for that purpose for the occupiers thereof and

visitors thereto.

REASON: To ensure that satisfactory servicing is maintained in accordance

with the following policy of the Unitary Development Plan 2002: TRANS 15.


17 Details of a Servicing Management Plan demonstrating the arrangements for

control of the arrival and departure of vehicles servicing the premises shall be

submitted to and approved in writing by the Local Planning Authority prior to

the commencement of the development hereby permitted. The building

facilities shall thereafter be operated in accordance with the approved

Servicing Management Plan (or any amended Servicing Management Plan that

may be approved from time to time by the Local Planning Authority) for the

life of the building.

REASON: To ensure that the development does not have an adverse impact on

the free flow of traffic in surrounding streets in accordance with the following

policy of the Unitary Development Plan 2002: TRANS 15.

18 An Interim Travel Plan shall be submitted to and approved in writing by the

Local Planning Authority prior to the occupation of the building hereby

permitted. Within 6 months of first occupation a full Travel Plan shall be

submitted to and approved in writing by the Local Planning Authority. The

offices in the building shall thereafter be operated in accordance with the

approved Travel Plan (or any amended Travel Plan that may be approved from

time to time by the Local Planning Authority) for a minimum period of 5 years

from occupation of the premises. Annual monitoring reports shall be submitted

to the Local Planning Authority during the same period.

REASON: To ensure that the Local Planning Authority may be satisfied that

the scheme provides a sustainable transport strategy and does not have an

adverse impact on the transport network.

19 All unbuilt surfaces shall be treated in accordance with a landscaping scheme

to be submitted to and approved in writing by the Local Planning Authority

before any such works are commenced. All hard and soft landscaping works

shall be carried out in accordance with the approved details not later than the

end of the first planting season following completion of the development.

Trees and shrubs which die or are removed, uprooted or destroyed or become

in the opinion of the Local Planning Authority seriously damaged or defective

within 5 years of completion of the development shall be replaced with trees

and shrubs of similar size and species to those originally approved, or such

alternatives as may be agreed in writing by the Local Planning Authority.

REASON: In the interests of visual amenity in accordance with the following

policies of the Unitary Development Plan 2002: ENV 1, ENV 5, ENV 8, ENV

9.

20 The development shall not be carried out other than in accordance with the

following approved drawings and particulars or as approved under conditions

of this planning permission: Site Plan, 1043/S, 011/L, 012/A, 2010/B,

2011/B. Visitor Management Strategy.

REASON: To ensure that the development of this site is in compliance with

details and particulars which have been approved by the Local Planning

Authority.


INFORMATIVES

1 This permission must in no way be deemed to be an approval for the display of

advertisement matter indicated on the drawing(s) which must form the subject

of a separate application under the Advertisement Regulations.

2 This permission is granted having regard to planning considerations only and

is without prejudice to the position of the City of London Corporation as

ground landlords; and the work must not be instituted until the consent of the

City of London Corporation as freeholders has been obtained by the Head

Lessee.

3 The correct street number or number and name must be displayed prominently

on the premises in accordance with regulations made under Section 12 of the

London Building Acts (Amendment) Act 1939. Names and numbers must be

agreed with the Department of Planning and Transportation prior to their use

including use for marketing.

4 The Director of Environmental Services (Environmental Health Team) must

be consulted on the following matters:

(a) The control of noise and other potential nuisances arising from the

demolition and construction works on this site and compliance with the

Construction (Design and Management) Regulations 1994; the Environmental

Services Department should be informed of the name and address of the

project manager and/or main contractor as soon as they are appointed.

(b) Alterations to the drainage and sanitary arrangements.

(c) The requirements of the Health and Safety at Work etc Act 1974 and the

other relevant statutory enactments (including the Offices, Shops and Railway

Premises Act 1963); in particular:

the identification, encapsulation and removal of asbestos in accordance with a

planned programme;

provision for window cleaning (internal and external) to be carried out safely.

(d) The use of premises for the storage, handling, preparation or sale of food.

(e) Use of the premises for public entertainment.

(f) Approvals relating to the storage and collection of wastes.

(g) The detailed layout of public conveniences.

(j) Limitations which may be imposed on hours of work, noise and other

environmental disturbance.

(k) The control of noise from plant and equipment;


(l) Methods of odour control.

5 Reason for Grant of Planning Permission - The decision to grant this planning

permission has been taken having regard to the policies in the City of London

Unitary Development Plan 2002 set out below, the London Plan, relevant

government guidance and supplementary planning guidance, representations

received and all other relevant material considerations. Objections were made

to the application. These were taken into account by the Local Planning

Authority but were not considered to outweigh the reasons for granting

planning permission. Conditions of the planning permission will address

issues raised by objectors.

Reasons for Approval

The proposed development would provide new public uses that would

enhance the locality The new facades proposed to Beech Street and

Whitecross Street would be an interesting and distinctly contrasting

intervention within the Barbican that clearly references both the existing form

of the cladding and embodies a family resemblance to the Arts Centre main

entrance in Silk Street that is visible from the junction of Beech Street with

Whitecross Street.The development is in accordance with the guidance

contained in PPS5 and it is considered that the proposals would cause less than

substantial harm either to Exhibition Hall 1 or to the Barbican as a whole. The

proposed development would not detract unacceptably from the character or

harm the special architectural or historic interest of the listed building.

Unitary Development Plan 2002 and Draft Core Strategy Policies

ECON5

To seek, where appropriate, a variety of uses at street level which

contribute positively to economic and social vitality.

REC6

To encourage the provision and retention of premises for the arts, culture

and entertainment.

SHOP4

To encourage retail uses in any new development scheme to provide a

variety of unit sizes compatible with the character of the area in which

they are situated and to encourage large retail units in suitable areas.

UTIL6

To require adequate provision within all developments for the storage,

presentation for collection, and removal of waste, unless exceptional

circumstances make it impractical; to encourage provision to allow for

the separate storage of recyclable waste where appropriate.


ENV17

To encourage new uses for listed buildings, which are not detrimental to

the character or special interest of the buildings.

IMP5

To require that individual uses within mixed developments are separate

and self-contained.

CS20

To improve the quantity and quality of retailing and the retail

environment, promoting the development of the five Principal Shopping

Centres and the linkages between them.

HOUS9

To seek the improvement of the general residential environment and to

safeguard residential amenity, as far as possible.

SHOP3

To seek, where appropriate, the provision of new or increased retail

facilities, particularly where:

i. existing retail shop facilities are being replaced on

redevelopment in accordance with policy SHOP 2;

ii. the site is in or close to a shopping centre;

iii. the site is close to a public transport interchange;

iv. there is a riverside frontage.

Committee: Date: Item no. - City of London Corporationdemocracy.cityoflondon.gov.uk/Data/Planning...

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