Will planning rules outwit London’s intelligent buildings?

Linda Forbes Unit A3 November 2006

INTRODUCTION

Although water was the dominant theme that ran through a wide-ranging
unit exploring Ventilation and Cooling; Water, Sewage, and Flooding; and
Solar Hot Water Systems, a conundrum that lies at the heart of Ben Abel’s
lecture, Clear Air Architecture, inspired this essay.

Abel (2006) stated:

‘The circular plan shape of 30 St Mary Axe is near
ideal for natural ventilation as it will work
irrespective of wind direction.’

And later, with reference to Bishopsgate Tower:

‘…is roughly aerofoil along the axis of predominant
wind directions so worked well with well defined
and stable areas of positive and negative pressures.’

The possibility that limitations of the planning system

may result in the inability of these buildings to
perform as originally designed and predicted will now
be examined. The focus will be on London, but the
conclusions could also apply elsewhere. Bishopsgate Tower
Artist’s impression
FUTURE CITIES

In mid 2004, the planning system in England and Wales was significantly
amended by the Planning & Compulsory Purchase Act 2004. From this
flowed Regional Spatial Strategies (RSS), one of which was the Mayor’s Plan
for London. Furthermore, local authorities (excluding County Councils) are
now required to produce and maintain a Local Development Framework
(LDF), which consists of many documents relating to their community’s
ideas and plans for the future of their environment. (Appendices 1 and 2
contain detailed information on authorities and LDF documentation.)

In London, as in many cities, demand for office space continues to grow.

Projections show that, on average, London businesses will require an
additional 0.5 million square metres every year between now and 2016.
With the commercial and public sectors being responsible for 30% of
London’s energy consumption and CO2 emissions, and new buildings being
more energy-intensive than older ones, the Mayor’s Energy Strategy (2004)
is focused on reducing the impact of this expansion on the environment.

Supplementary Planning Guidance (2006) from the Mayor’s office requires

developers of both commercial and residential properties to carry out an

Linda Forbes Unit A3 Essay 1

energy demand assessment and maximise the energy efficiency of their
proposed development. To mitigate the impact of each project, the
hierarchy of methods to be employed in minimising demand on distributed
energy systems, particularly that of electricity, are:

• passive design;
• solar water heating;
• combined heat and power for heating and cooling;
• community heating and cooling;
• heat pumps;
• gas condensing boilers.

And finally, it states that carbon emissions from a development’s total

energy needs should be reduced by 10% (sometimes more) by generation of
renewable energy on-site. This requirement is derived from the earlier
‘Merton Rule’, which was named in recognition of the London Borough
where provision of renewable energy by site developers was first
introduced. On a practical note, this on-site requirement can prove
problematic for high-rise buildings, with their small footprints on expensive
plots, as is common in the City of London.

INTELLIGENT BUILDINGS?

Abel (2006) described buildings such as 30 St Mary Axe and Bishopsgate

Tower as ‘environmentally progressive’; an alternative designation, used
throughout this essay, is that of ‘intelligent building’.

According to SAVE (2006) an intelligent building:

• provides a productive and cost-effective built environment through

optimisation of its four basic components - structure, systems,
services and management - and their interrelationships;

• should be productive, safe, healthy, thermally, aurally and visually

comfortable; and

• has the potential to serve future generations: sustainability or

adaptability over its life cycle, while safeguarding environmental
resources.

Assessment models for ‘intelligent buildings’ are offered by a number of

bodies worldwide. According to a recent report (Zhen et al, 2006), the AIIB
model, developed by the Asian Institute of Intelligent Buildings in Hong
Kong, is the most comprehensive in enabling auditors to calculate and
compare building performance. A significant number of variables are
included in the model: these feed into both Embodied Energy and
Operational Energy values over the building’s lifetime.

Linda Forbes Unit A3 Essay 2

It is evident that ‘intelligent buildings’ developed in Europe to date are
landmark or iconic buildings, located in areas where the majority of
surrounding buildings are lower in height and sited some distance from
them.

Pictured below are examples quoted by Abel in his lecture which fall into
this category, as do the two buildings in London mentioned earlier. From
left to right: Post Tower, Bonn; Commerzbank, Frankfurt; RWE
Headquarters, Essen.

KEEPING COOL

Unit A3 focused on the ventilation and cooling aspect of architecture: the

issue of how these functions are addressed in ‘intelligent buildings’ is a key
consideration in this essay. And the choice of technique and technology
open to designers with regard to passive cooling is wide: ranging from
ground water cooling, chilled beams, stack effect, night cooling, solar
chimneys, wind catchers, to double ventilated facades (DVFs), or any
combination of these.

However, the theory remains consistent: removal of excess heat energy

from buildings to allow maximum comfort to occupants. Accordingly, a
number of technologies are being deployed: with the installation and
operation of DVFs being particularly favoured in London buildings.

Given the limited range of temperatures, humidity levels and air speeds at
which human comfort is assured, the demands placed upon these facades to
maintain optimum operating conditions within buildings are high. With
double the glazing requirement of traditional facades, the construction and
installation costs, and levels of embodied energy utilised in their
manufacture, are significant.

The diagram (below) from Loncour et al’s (2004) paper shows how DVF
airflows may be used in a variety of cooling (and heating) modes. Depending
on whether additional energy is required, DVFs can function in natural,
mechanical or hybrid ventilation modes.

Linda Forbes Unit A3 Essay 3

NEGATIVE IMPACTS

The reliance on wind speed and direction to maintain natural ventilation

was highlighted at the beginning of this essay; the lecture also indicated
that solar radiation for heating, power generation and daylighting purposes
was part of the strategy in creating an ‘intelligent building’.

In turn, however, could these dependencies make these types of building

vulnerable to changed circumstances? Particularly, could the overshadowing
of them by an increasing density of buildings around them result in limiting
their ability to function ‘intelligently’?

And as business centres and cities grow ever larger, the negative impact of
the Urban Heat Island effect on temperature differentials that support night
cooling, may lessen the opportunity to reduce the building’s internal
temperatures overnight.

Furthermore, the financial costs of operating an ‘intelligent building’ in a

mode different from that originally anticipated are likely to increase.
Should access to the sun be obscured, then increased lighting may be
required in some areas or less power obtained from PV or solar hot water
arrays. Ventilation too could be rendered more difficult – resulting in a
switch back to air-conditioning or forced air circulation for longer periods.

Given that provision of renewable energy on-site is calculated as a factor of

total carbon emitted, could this change in circumstances compromise the
building’s ability to meet this planning requirement for its site?

Which begs the question? Who will be responsible for paying for the
additional running costs, or the provision of additional renewable energy
sources to meet the 10% provision condition of operation? Will it be the
planning authority who granted permission to the later buildings? The
operators of the new development? Or will it fall to the owner of the
‘intelligent building’? No case law exists in this sphere.

Linda Forbes Unit A3 Essay 4

RIGHT OR WRONG?

On the other hand, the Mayor’s Energy Strategy does list several proposals
that make reference to siting of buildings that utilise passive design, and
the risks of overshadowing. The Corporation of London’s 2002 Unitary
Development Plan also holds out some promise in that

‘the Corporation will ensure that new development enhances the City’s
metropolitan setting and respects the City’s skyline. These strategic
policies are advanced by protecting and enhancing significant views of
historic landmarks which are prominent in the City’s skyline.’

However, neither of the above can be construed as statutory obligations and

remain to be tested. At present, the only laws relating to this issue
specifically in England & Wales are those pertaining to a Right of Light;
which falls under property law rather than planning law.

Right of Light, however, is only accrued after twenty years’ enjoyment of

access to light; and falls under the remit of common law, the Prescription
Act 1832 and adverse possession. This right over-rides planning consent.
But, landowners with a Right of Light can agree to sell or transfer some or
all of their right to another. In some cases, rightholders may be required to
suffer a loss of this amenity subject to certain criteria.

The 1959 Rights of Light Act details the various conditions and remedies
available that circumscribe this important issue: compensation being one
alternative open to those whose rights are being diluted by another
building’s presence in the vicinity. This legislation, though, would surely not
have taken account of the additional, renewable energy, benefits of a Right
of Light, when it was first drafted. Perhaps, though, it may offer some
solace to the overshadowed owner of an ‘intelligent building’ - settlements
have resulted in plaintiffs receiving 50% of the developer’s profit on the
floors affecting their right to light. Currently, however, there is no Right to
Wind under planning or property law.

IT’S AN ILL WIND

To understand more of the reliability of computational fluid dynamics

modelling software, and how this might affect development and response of
an ‘intelligent building’, further research for this essay was undertaken into
studies produced in other, but similar, fields, which used this software.

Fluent Inc, a manufacturer of CFD (computational fluid dynamics) software

commonly used in architect practices, states that: ‘The accuracy of a CFD
analysis is driven largely by the quality of the physical models used and the
degree to which the actual geometry is captured’.

Longley et al (2003), whose interest lies in the aerial wind-driven dispersion

of traffic pollution within city streets, reported in their study Short-term
measurements of airflow and turbulence in two street canyons in

Linda Forbes Unit A3 Essay 5

Manchester that although some results matched their numerical models,
other airflow features were found to indicate flows in real canyons differed
from implicit assumptions in some models. Using ultrasonic anemometers,
measurements were taken at a number of locations and heights over a
number of weeks in 2001 and compared with models created using Fluent5
CFD software.

Translating these results into the world of ‘intelligent building’ may require
caution but does indicate a need to confirm the validity of modelling
assumptions used in CFD (Computational Fluid Dynamics) software in the
development of these buildings: and suggests that the wind and buildings
may interface in unexpected ways.

CONCLUSION

Under current planning legislation in England & Wales, an apparent

disconnect exists between the worlds of legislators and designers of
‘intelligent buildings’. At the heart of this lies potential for
misunderstanding the conditions required for optimum performance and the
best location in which ‘intelligent buildings’ may be able to operate.

With very high land values in densely built cities, there may be few ideal
locations in which to site them, and given the longevity of buildings it is
essential for those that are built to be certain that their integrity will not
be compromised by lack of foresight in future planning decisions.

However, the aspirations for ‘intelligent buildings’ may also serve as a

model for building lower-rise examples in less densely built environments;
where they will have free access to light, wind and sources of renewable
energy, of which the UCB building in Belgium is an example. Perhaps by
doing this, developers, and their buildings, can be certain they will not fall
victim to the question posed at the start of this essay.

LIMITATIONS

Scant research literature is available from any source on the performance

monitoring of ‘intelligent buildings’ with regard to energy usage; as this
becomes available then further constructive analyses of the effects of
surrounding buildings, climate change, or other variables, are likely to be
developed.

Data from planners and owners/operators directly involved in development

of ‘intelligent buildings’ are not available; nor has there been an
opportunity to confirm whether the issue of Right to Wind and
compensation has been considered, or is pertinent to their decision-making.

Access to records held in other countries may be useful in informing the

general debate: the German planning system resembles that of England &
Wales but details on overshadowing issues requires further investigation.

Linda Forbes Unit A3 Essay 6

FURTHER WORK

An evident need is to confirm the validity of modelling assumptions used in

CFD (Computational Fluid Dynamics) software in development of these
buildings is essential: whether from existing research or by experiment;
followed by modelling research on the effects of building densification.

With rising average temperatures, higher humidity, and windier conditions,

being forecast as part of climate change, consideration should be given as
to ability of DVFs to withstand these. The possibility of increasing solar gain
and maximum temperatures on the façade are of concern, requiring further
data to ascertain likelihood of performance levels
continuing to be met. Liaison with assessment bodies in
hot-humid areas would seem sensible: but, as yet, no
definitions for ‘intelligent buildings’ in this climate have
been agreed, although Menara Mesiniaga (pictured, right
© Aga Khan Award for Architecture) may prove to be a
role model.

WIDER CONTEXT

The premise in this essay of financial disbenefit to

operators of ‘intelligent buildings’ by erection of future
structures around their site implies that some
consideration of this issue is essential in future planning
legislation.

This is imperative as third-party right of appeal does not exist under current
planning rules, which means that an individual (or organisation) must
request a judicial review of the planner’s decision if they are unhappy with
granting of planning permission to another development.

As the experience of architects, developers and builders grows in the

implementation of current planning and building regulations legislation, it is
likely that some criteria with regard to renewable energy and planning may
need to be amended further to support ‘intelligent buildings’ in performing
optimally. Particularly, the need to generate renewable energy on-site is
most likely to need revision – as efficiencies of scale may not be achievable,
cost-effective or environmentally sensible in very space-restricted settings.
Better perhaps to have a consortium of developers contribute to the
building of a large community tidal lagoon power station nearby rather than
a series of small photovoltaic arrays, or CHP plants with low COPs.

Finally, the impact of the sustainability of the current format of workplace

environments – with large numbers of people commuting significant
distances to centres of work – is likely to come under increasing scrutiny as
energy resources, particularly for travel, become less readily available. An
investigation into whether projections on additional office space are
accurate should be carried out.

Linda Forbes Unit A3 Essay 7

APPENDIX 1 – England and Wales
Regional Planning Bodies and Local Authorities

http://www.communities.gov.uk/pub/477/DetailedmapshowingEnglishLocalAuthoritesPDF138mb_id1139477.pdf

Linda Forbes Unit A3 Essay 8

APPENDIX 2 – Local Development Frameworks
Local Development Scheme - identifies which Local Development
Framework Documents will be produced and when.
Statement of Community Involvement - identifies how and when the local
community and stakeholders will be involved in the preparation of the Local
Development Framework documents.
Annual Monitoring Report - sets out the progress against the timetables in
the Local Development Scheme and proposed changes to the Scheme.

DEVELOPMENT PLAN DOCUMENTS

Development Plan Documents (DPDs) are planning policy documents that

together with the Regional Spatial Strategy will form the development plan
for the local authority area.
Core Strategy - sets out the vision, objectives and strategic policies for
managing future growth, change and development within the borough or
district.
Development Control Policies - contains a series of criteria-based policies
which deliver the vision of the Core Strategy. Planning applications will be
addressed against these policies.
Site Specific Allocations Document - identifies sites within the borough for
specific uses or developments.
Proposals Map - illustrates on a map all the policies in the above
Development Plan Documents

AREA ACTION PLANS

Area Action Plans (AAPs) will set out the vision, objectives and planning
policies for specific areas of change or areas of conservation within the
borough or district. The Area Action Plans will have the same status as the
Development Plan Documents.

OTHER

Supplementary Planning Documents (SPDs) - provide further detail and

information to support the policies found in the Development Plan
Documents.
Sustainability Appraisals (SAs) - required to be produced for each of the
Development Plan Documents and Supplementary Planning Documents and
is a tool for ensuring that policies in these documents reflect sustainable
development objectives.

http://www.kingston.gov.uk/browse/environment/planning/planningpolicy/local_development_framework.htm

Linda Forbes Unit A3 Essay 9

FOOTNOTES, REFERENCES AND DATA SOURCES

IMAGES

- (undated). Post Tower, Bonn. [Online image]. Available at: http://www.e-

village.jp/earth-c/html/germany/gif/de1rheinaueposttower.jpg Accessed
20th January 2007.

Cityscape Digital Ltd. Bishopsgate Tower. [Online image]. Accessed 7th

January 2006.

Forbes, L. (2006). London Cityscape.

Knauf, H. (undated). RWE AG Headquarters, Essen. [Online image].

Available at: http://www.ifa.de/kunst/nda/dingenhoven.htm Accessed 7th
January 2007.

Ng, K. L. (1995). Menara Mesiniaga Main Entrance. [Online image].

http://archnet.org/library/images/one-
image.tcl?location_id=2622&image_id=13608&start=1&limit=9 Accessed 17th
January 2007.

Pingstone, A. (2005). Docklands, London. [Online image]. Available at:

http://de.wikipedia.org/wiki/Bild:Canary.wharf.from.thames.arp.jpg
Accessed 7th January 2007.

RWTH Aachen. (undated). Commerzbank, Frankfurt. [Online image].

Available at: http://www.fb3.rwth-
aachen.de/version.main.php?jump=vertiefung_K Accessed 7th January 2007.

REFERENCES AND BIBLIOGRAPHY

- (2006). ‘Uniting Britain:The Evidence Base – Spatial Structures and Key

Drivers’. London. RTPI Royal Town Planning Institute.
- (2006). ‘Using the Merton Rule’. London. Town & Country Planning
Association.
- (undated). ‘Right of Light’. Available at: http://www.planning-
applications.co.uk/righttolight.htm Accessed 5th January 2007.

Chang, C-H., and Meroney, R. N. (2001) ‘Numerical and physical modelling

of bluff body flow and dispersion in urban street canyons’. Journal of Wind
Engineering and Industrial Aerodynamics. 89(14-15), pp.1325-1334.

Corporation of London. (2002) ‘City of London Unitary Development Plan

2002’. Department of Planning and Transportation.

Fluent Inc. (undated). ‘About Fluent5’.

http://www.fluent.com/about/techadv.htm Accessed 17th January 2007.

Linda Forbes Unit A3 Essay 10

Frank, Th. (2005). ‘Climate change impacts on building heating and cooling
energy demand in Switzerland’. Energy and Buildings. (37), pp. 1175-1185

Gouveia, F. J., and Shinn, J. H. (2004). ‘Measurements of Horizontal Flow

in the Vicinity of a Building: A Field Study from June to December 1999’.
UCRL-TR-206877.

Great Britain. Department of Communities and Local Government.

(undated). ‘English Local Authorities’. Available at:
http://www.communities.gov.uk/pub/477/DetailedmapshowingEnglishLocal
AuthoritesPDF138mb_id1139477.pdf Accessed 7th January 2007.

Great Britain. Department of the Environment, Transport and the Regions.

(undated). ‘Looking for a new investment angle? : A developer’s guide to
environmentally smart buildings’. Good Practice Guide. 258.

Great Britain. Office of the Deputy Prime Minister. (2003). ‘Sustainable

Communities: Delivering through planning – Second progress report’.
Great Britain. Office of the Deputy Prime Minister. (2004). ‘In a nutshell:
the Planning and Compulsory Purchase Act’.Available at:
http://www.planningportal.gov.uk/wales/professionals/en/1105619051990.
html Accessed 7th January 2007.

Hoyler, M., Freytag, T., and and Mager, C. (2006). ‘Advantageous

Fragmentation? Reimagining Metropolitan Governance and Spatial Planning
in Rhine-Main’. Journal of Built Environment. 32 (2), pp. 124-136.

Kragh, Ph.D., Mikkel. (2001). ‘Monitoring of Advanced Facades and

Environmental Systems’. The whole-life performance of facades. University
of Bath, CWCT. 18th/19th April 2001.

London Borough of Kingston Council. (undated). ‘Guide to Local

Development Frameworks’. Available at:
http://www.kingston.gov.uk/browse/environment/planning/planningpolicy/
local_development_framework.htm Accessed 7th January 2007.

Loncour, MSEng, X., Wouters, Ph.D., P., Flamant, MSEng, G. and Blasco,
MSEng, M. (2004). ‘Impact of Double Ventilated Facades on Buildings’.
CIBSE National Conference, London, 2004.

Longleya, I. D., Gallaghera, M. W., Dorseya, J. R., Flynna, M., Barlowb J. F.

(2004). ‘Short-term measurements of airflow and turbulence in two street
canyons in Manchester’. Atmosphere Environmental International. 38,
pp.69-79.

Mayor of London. (2004). ‘The London Plan. Spatial Development Strategy

for Greater London’. Greater London Authority.
Mayor of London. (2004). The Mayor’s Energy Strategy. Greater London
Authority.

Linda Forbes Unit A3 Essay 11

Mayor of London. (2006). ‘London’s Urban Heat Island: A Summary for
Decision Makers’. Greater London Authority.
Mayor of London. (2006). ‘Sustainable Design and Construction: The London
Plan Supplementary Planning Guidance’. Greater London Authority.

Modern Building Services Journal. (2006). ‘Combining air conditioning and

passive ventilation into an energy-efficient solution’. Available at:
http://www.modbs.co.uk/news/fullstory.php/aid/1273/Combining_air_con
ditioning_and_passive_ventilation_into_an_energy-efficient_solution.html
Accessed 13th January 2007.

SAVE (undated). ‘Intelligent Building Assessment Methodology’. Available

at: http://www.ibuilding.gr Accessed 7th January 2007.

Swaddiwudhipong, S., and Khan, M. S. (2002). ‘Dynamic response of wind-

excited building using CFD’. Journal of Sound and Vibration. 253(4), pp.735-
754.

Wong, J., and Heng, L. (2006). ‘Development of a conceptual model for the
selection of intelligent building systems’. Building and Environment. 41,
pp.1106-1123.

Zhen, C., Clements-Croome, D. J., Ju, H., Heng, L., and Qian, X. (2006).
‘IBchoice: a decision-making model for innovation and environmental
sustainability in the design and construction of intelligent buildings’. CIBSE
National Conference, London, 21-22 March 2006. Paper 75.

Linda Forbes Unit A3 Essay 12