Agenda and minutes

To note that Councillor Richard Beddoe has replaced Councillor Tim Mitchell.

It was noted that Councillor Richard Beddoe had replaced Councillor Tim Mitchell.

To receive declarations by members and officers of the existence and nature of any personal or prejudicial interests in matters on this agenda.

Councillor Davis declared that any Members of the Majority Party who had or would make representations on the applications on the agenda were his friends. He also advised that in his capacity as Deputy Leader and Cabinet Member for Planning it was inevitable and part of his role that he gets to know, meet and talk to leading members of the planning and property industry including landowners and developers and their professional teams such as architects, surveyors, planning consultants, lawyers and public affairs advisers as well as residents, residents associations and amenity groups. It was his practice to make such declarations. He stated that it did not mean that they were his personal friends or that he had a pecuniary interest but that he had worked with them in his capacity as Cabinet Member for Planning.

Councillor Davis explained that all four Members of the Committee were provided a week before the meeting with a full set of papers including a detailed officer’s report on each application together with bundles of every single letter or e-mail received in respect of every application including all letters and e-mails containing objections or giving support. Members of the Committee read through everything in detail prior to the meeting. Accordingly, if an issue or comment made by a correspondent was not specifically mentioned at the meeting in the officers presentation or by Members of the Committee, because of the need to get through a long agenda, it does not mean that Members have ignored the issue as they will have read about it and comments made by correspondents in the papers read prior to the meeting.

Councillor Davis also declared that in his capacity as the Cabinet Member for the Built Environment with specific responsibility for planning he regularly meets with developers as part of the City Council’s pre-application engagement with applicants. This was wholly in accordance with normal protocols and the terms set out in the Localism Act 2011 and as amplified in the Communities and Local Government Act Guidance document “A Plain English Guide to the Localism Act”. Councillor Davis added that the meetings held with applicants and in some case objectors too are without prejudice and all parties are advised that a final formal decision is only taken when all the facts are before him and his Committee through the normal planning application process.

Councillor Davis wished to declare that in his capacity as Cabinet Member he knows a number of the directors of planning consultancy companies in Westminster. The planning consultancy companies were representing the applicants on a number of items on the current agenda, including Four Communications, DP9, Savills, Turley and Belgrave.

Councillor Davis made the following further declarations as they related to the specific applications on the agenda:

Item 1: He had attended meetings with the applicant in respect of the application. He knew some of the objectors to the application and knew the Directors of Lords Cricket Ground. He also knew the architect for the application,  ...  view the full minutes text for item 2.

To sign the minutes of the last meeting as a correct record of proceedings.

That the Minutes of the meeting held on 23 February 2016 be signed by the Chairman as a correct record of proceedings.

Applications for decision

Demolition of the existing building and redevelopment to provide two buildings: Building 1 comprising one basement level, ground and twelve upper floors containing car parking, plant, sheltered accommodation (Class C3) and ancillary communal areas; Building 2 comprising three basement levels, ground and ten upper floors containing plant, car parking, residential accommodation (Class C3) and ancillary leisure; reconfigured vehicular and pedestrian access together with landscaping and other works in association with the development.

Additional representations were received from the Greater London Authority (14/01/16), Network Rail (01/03/16), Westminster City Council Waste Projects Officer (29/02/16), Montagu Evans (04/03/16) and Central &Cecil Housing Trust (04/03/16).

Late representations were received from Westminster City Council Tree Section (07/03/16), Montagu Evans (08/03/16), Councillor Robert Rigby (08/03/16) and Dora House Residents’ Association (17/12/15).

The Presenting Officer tabled a revised draft decision letter which included the following amendments to the draft recommendation:

1)    Deletion of reason for refusal 2;

2)    Deletion of reason for refusal 3; and

3)    Revised drawing numbers AP20000 Rev02; AP4001 Rev02; SK-HW-020P2.

RESOLVED:

That the Item be deferred to allow the applicant to consider the following issues highlighted by the Committee:

1)    Reducing the height of building 2 by approximately one and a half floors;

2)    Reducing the planned number of three bedroom units and having no five bedroom units;

3)    Changing the colour of the bricks;

4)    The production of a viability report to ensure any surplus money generated through the proposed mechanism to secure affordable housing be invested in social housing for elderly Westminster residents;

5)    Unallocated parking;

6)     Removal of balconies on the west flank between 2^nd and 8^th floors;

7)    Further details required regarding the landscaping of the site; and

8)    The private residential accommodation in building 2 to remain unoccupied until the practical completion of Dora House.

Use of 14 Henrietta Street and the upper floors of 15 Henrietta Street as a hotel with restaurant and bar facilities (sui generis), single storey roof extension at No. 15, installation of plant at rear lower ground floor level and plant within a plant enclosure to the rear of No. 14 at second floor level and associated external works including replacement windows and satellite dishes to both buildings.

An additional representation was received from Westminster City Council Environmental Health (30/10/15).

Late representations were received from Capco Covent Garden Limited (01/03/16), Frenchie Restaurant (03/03/16) and Gerald Eve LLP (08/03/16).

The Presenting Officer tabled the following alterations to the conditions:

Condition 22 would be updated to read-

You must apply to us for approval of details of the ventilation system to get rid of cooking smells (which must extract at high level on the main building not the rear extensions), including details of how it will be built and how it will look. You must not begin the use allowed by this permission until we have approved what you have sent us and you have carried out the work according to the approved details.

The following informative would be added-

12. You are advised to speak to our Environmental Health Service regarding the requirements of condition 22 for full height extraction from the kitchen. David Nevitt can be contacted on 020 7641 3188.

RESOLVED:

That conditional planning permission be granted subject to the following conditions:

1)    No coach party bookings be taken; and

2)    The closing hours of the bar and restaurant for non-hotel residents be restricted to 00:00.

Demolition of building, excavation of sub-basement, and erection of replacement building over sub-basement, lower ground, ground and part-four and part-five upper storeys to provide 32 car parking spaces (accessed by car lifts on Cato Street), cycle parking, plant, ancillary gym and refuse store at basement level; plant within lower ground floor vaults; and up to 32 flats (Class C3) over lower ground to fourth floor levels.

Additional representations were received from the Harrowby & District Residents Association (04/03/16), Octavia Housing (04/03/16) and Councillor Julia Alexander (04/03/16).

Late representations were received from two Molyneux Street residents (07/03/16) and Councillor Adnan Mohammed (08/03/16).

RESOLVED:

That

1)            Conditional permission be granted subject to a S106 legal agreement to secure the following:

(a)       The applicant to comply with the Council's Code of Construction Practice, provide a Site Environmental Management Plan prior to commencement of development and provide a financial contribution of up to £33,000 per annum during demolition and construction to fund the Environmental Inspectorate and monitoring by Environmental Sciences officers;

(b)       Unallocated parking;

(c)        Management and maintenance of the car lift and valet parking;

(d)       Cost of the works associated with the creation of two tree pits and the planting of least two new trees within the vicinity of the site.

(e)       Cost of widening the vehicular crossover on Cato Street and making good;

(f)        Cost of relocating a lamppost on Cato Street; and

(g)       Costs of monitoring the S106 agreement.

2.         If the S106 legal agreement has not been completed within three months of the date of this resolution then:

a)         The Director of Planning shall consider whether it will be possible or appropriate to issue the permission with additional conditions attached to secure the benefits listed above. If so, the Director of Planning is authorised to determine and issue the decision under Delegated Powers; however, if not;

b)         The Director of Planning shall consider whether the permission should be refused on the grounds that the proposals are unacceptable in the absence of benefits which would have been secured; if so, the Director of Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

Demolition of the existing four storey building, retention of existing basement level and erection of new four storey building comprising a street cleansing depot at ground and part first floor levels and 14 affordable residential units at part first, second and third floor levels.

Additional representations were received from DP9 Ltd (04/03/16) and Caudwell Properties (04/03/16).

RESOLVED:

That conditional permission be granted subject to:

1)            A S106 legal agreement to secure the following:

i)          Highway works (All highway works immediately surrounding the site required for the development to occur, including changes to on-street restrictions, reinstatement of footway, alterations to the vehicle access, creation of an additional on-street parking bay and adjoining footway and associated work);

ii)         Lifetime Car Club Membership for residential occupiers from first occupation of the development. Car Club operator must be a CarPlus member;

iii)        Site Environmental Management Plan; and

iv)        Environmental Inspectorate Contribution (£28,000 per annum).

2.         If the S106 legal agreement has not been completed within six weeks of the date of the Committee resolution, then:

(a)       The Director of Planning shall consider whether it would be possible and appropriate to issue the permission with additional conditions attached to secure the benefits listed above. If so, the Director of Planning is authorised to determine and issue the decision under Delegated Powers; however, if not;

(b)       The Director of Planning shall consider whether the permission should be refused on the grounds that the proposals are unacceptable in the absence of the benefits which would have been secured; if so, the Director of Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

3.         The Committee authorises the making of a draft order pursuant to Section 247 of the Town and Country Planning Act 1990 for the stopping up of that area of highway required to enable the development to take place.

4.         That the City Commissioner for Transportation be authorised to take all necessary procedural steps in conjunction with the making of the order and to make the order as proposed if there are no unresolved objections to the draft order.

5.         The approval of the ground floor details be delegated to officers in consultation with the Chairman of Planning Committee (1).

[Development Site at 47, 48 and 49-50 Poland Street and rear of 54 and 55-57 Great Marlborough Street] Demolition of 47, 48 (behind part reconstructed facade) and 49-50 Poland Street and part rear of 54 and 55-57 Great Marlborough Street and redevelopment to provide a new building comprising basement, lower ground floor, ground floor and first to sixth floor levels. Use of the part ground floor as restaurant/bar (Class A3/A4). Use of the basement, lower ground, part ground floor and first to sixth floors as hotel (Class C1) with roof garden and associated works.

Additional representations were received from Shiva Hotels Limited (02/03/16), Historic England (01/03/16) and two local residents (26/02/16).

RESOLVED:

That conditional permission be granted subject to:

1.            A S106 legal agreement to secure:

i)          a contribution of £3,474,000 towards the City Council's affordable housing fund (index linked and payable upon commencement of development);

ii)         compliance with the City Council's Code of Construction Practice and submission of a SEMP (Site Environmental Management Plan) with an annual cap of £28,000;

iii)        a Crossrail contribution; and

iv)        monitoring costs.

2.            If the S106 legal agreement has not been completed within six weeks of the date of the Committee resolution then:

a)         The Director of Planning shall consider whether the permission can be issued with additional conditions attached to secure the benefits listed above. If this is possible and appropriate, the Director of Planning is authorised to determine and issue such a decision under Delegated Powers; however, if not

b)         The Director of Planning shall consider whether permission should be refused on the grounds that it has not proved possible to complete an agreement within an appropriate timescale, and that the proposals are unacceptable in the absence of the benefits that would have been secured; if so, the Director of Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

Demolition and redevelopment behind retained street facades at 54 and 55-57 Great Marlborough Street to provide a new building comprising basement, ground and first to seventh floor levels. Use of the part basement and ground floor levels as two retail units (Class A1) and one dual/alternative retail or restaurant (Class A1/A3) unit at part basement and ground floor levels. Use of part basement and ground and the entire first to seventh floor levels as residential accommodation comprising 27 units with associated terraces at rear first floor and balconies at fifth and sixth floor levels. Excavation at basement level, the provision of a green roof at main roof level and installation of plant in the basement and at seventh floor level. (Site includes 54 Great Marlborough Street).

Additional representations were received from Allen Planning Ltd (25/02/16) and two local residents (26/02/16).

Late representations were received from Grand Central Recording Studios (08/03/16, Westminster City Council Environmental Health (07/03/16) and Allen Planning Ltd (07/03/16).

RESOLVED:

That conditional permission be granted subject to

1.            A S106 legal agreement to secure:

i)          a contribution of £4,499,000 towards the City Council's affordable housing fund (index linked and payable upon commencement of development)

ii)         compliance with the City Council's Code of Construction Practice and submission of a SEMP (Site Environmental Management Plan) with an annual cap of £33,000.

iii)        Lifetime car club membership (25 years) for the occupants of each new dwelling.

iv)        monitoring costs.

2.            If the S106 legal agreement has not been completed within six weeks of the date of the Committee resolution then:

a)         The Director of Planning shall consider whether the permission can be issued with additional conditions attached to secure the benefits listed above. If this is possible and appropriate, the Director of Planning is authorised to determine and issue such a decision under Delegated Powers; however, if not

b)         The Director of Planning shall consider whether permission should be refused on the grounds that it has not proved possible to complete an agreement within an appropriate timescale, and that the proposals are unacceptable in the absence of the benefits that would have been secured; if so, the Director of Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

Use of part of the building at lower ground to second floor fronting Soho Square and all of the third and fourth floors for Class B1a office purposes.

Additional representations were received from Savills (03/03/16) and NHS Property Services (03/03/16).

RESOLVED:

That

1.              Permission be refused due to a loss of Class D1 social and community use.

2.              The Committee agreed that had the Class D1 floorspace been marketed and not taken up, the principle of Class B1 might have been acceptable.

3.               An informative be added that the Committee may approve a new scheme if an acceptable first floor room be provided to the Soho Society for a minimum of 25 years rent free with the remaining offices being allocated to start-up businesses.

Demolition of all existing buildings (with the exception of the first and second facades of No. 80) and erection of the new building over basement, ground, and five upper storeys including a roof top plant enclosure for dual / alternative use of part basement and part ground floor levels as either a retail unit (Class A1) and / or as a gallery (Class D1) and use of part basement, part ground, first, second, third, fourth and fifth floor levels for office purposes (Class B1), with associated terraces at fourth and fifth floor level.

RESOLVED:

That conditional permission be granted subject to:

1.            A legal agreement to secure the following:

(a)       A payment towards the City Council's Affordable Housing Fund of £1,702,000 (index linked and payable prior to commencement of development) in lieu of providing residential provision on site in order to fund the provision of affordable housing elsewhere in the City;

(b)       Submission of a Construction Environmental Management Plan and financial contribution towards environmental monitoring (maximum contribution £30,000 per annum);

(c)        The dedication of the area in front of the proposed building line on the east side of Bourdon Street as public highway (prior to the occupation of the building); and

(d)       The costs of monitoring the S106 legal agreement.

2.         If the S106 legal agreement has not been completed within six weeks of the date of this resolution then:

a)         The Director of Planning shall consider whether it will be possible or appropriate to issue the permission with additional conditions attached to secure the benefits listed above. If so, the Director of Planning is authorised to determine and issue the decision under Delegated Powers; however, if not;

b)         The Director of Planning shall consider whether the permission should be refused on the grounds that the proposals are unacceptable in the absence of benefits which would have been secured; if so, the Director of Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

Variation of Condition 1 of planning permission dated 15 October 2013 (RN : 13/04844) for 'Substantial demolition of existing buildings and redevelopment of the site to provide a mixed use scheme accommodated in two L-shaped buildings rising to nine storeys plus basements and rooftop plant with frontages to Rathbone Place and Newman Street set around a central open space; use of new buildings for up to 162 residential dwellings (Class C3) with communal garden, offices (Class B1), shops (Class A1), flexible space for use as shops (Class A1) and/or restaurant (Class A3) and/or bar (Class A4); provision within basement of plant rooms and car/cycle parking with vehicular access via lifts from Newman Street; ground floor loading bay with access from Newman Street; new pedestrian routes through the site from Newman Street and Rathbone Place; and associated works.'; namely the submission of substitute drawings showing re-distribution of floorspace areas at ground and basement levels having the effect of increasing the amount of offices (Class B1) and decreasing shops (Class A1/A3); associated changes to street elevations including new retail frontage with full height glazing, louvres and signage zones on Rathbone Place; change to rooflight arrangement to a linear pattern along southern side of the central garden; levels changes in central garden; additional louvres along the central garden elevation and south facing retail elevations; changes to parapet details; and alterations to office entrance doors on Newman Street.

An additional representation was received from Gerald Eve LLP (04/03/16).

RESOLVED:

That conditional permission be granted subject to:

1.            A deed of variation to the S106 legal agreement pertaining to planning permission 13/04844/FULL to secure the following additional matter:

i)             A payment of £1,026,771 towards the Council's affordable housing fund.

2.            If the deed of variation has not been completed within three months of the date of the Committee resolution, then:

a)         The Director of Planning shall consider whether the permission can be issued with additional conditions attached to secure the benefits listed above. If this is possible and appropriate, the Director of Planning is authorised to determine and issue such a decision under Delegated Powers; however, if not

b)         The Director of Planning shall consider whether permission should be refused on the grounds that it has not proved possible to complete an agreement within an appropriate timescale, and that the proposals are unacceptable in the absence of the benefits that would have been secured; if so, the Director of Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

Demolition of existing buildings (with the exception of 4 Red Lion Yard which is to be retained with external alterations) and the erection of new building of eight/nine storeys (plus lower ground floor and four basement levels) to provide 30 residential units with swimming pool and gymnasium, creation of roof terraces, car parking and cycle parking; vehicular access from Waverton Street; hard and soft landscaping; and plant at roof level.

An additional representation was received from a resident of Hill Street (24/02/16).

A late representation was received from Anstey Horne (08/03/16).

Councillor Boothroyd requested that his vote against the decision to grant the application be recorded.

RESOLVED:

That conditional permission be granted subject to:

1.            A S106 legal agreement to secure the following:

a)            i, The implementation of a planning permission, should it be granted, for the redevelopment of the City Council's street-sweeping depot at 21-23 Farm Street for mixed use purposes comprising a new depot and affordable housing

or ii, if planning permission is not granted for i. above, the refurbishment/rebuilding of the Council's street-sweeping depot at 21-23 Farm Street together with a contribution of £9.4M towards the City Council's affordable housing fund (index linked and payable upon commencement of development);

b)         Highways works associated with the development;

c)         Communal on-site parking spaces to be unallocated;

d)         Public art provision

e)         Provision of £30,000 per annum (index linked) towards monitoring the construction project by the City Council's Environmental Inspectorate and Environmental Health officers;

f)          Costs of the stopping up order and the Dedication Agreement; and

g)         The costs of monitoring the S106 agreement.

2.            If the S106 legal agreement has not been completed within six weeks of the date of the Committee resolution, then:

(a)       The Director of Planning shall consider whether it would be possible and appropriate to issue the permission with additional conditions attached to secure the benefits listed above. If so, the Director of Planning is authorised to determine and issue the decision under Delegated Powers; however, if not;

b)         The Director of Planning shall consider whether the permission should be refused on the grounds that the proposals are unacceptable in the absence of the benefits which would have been secured; if

so, the Director of Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

3.            The Committee authorises the making of a draft order pursuant to Section 247 of the Town and Country Planning Act 1990 for the stopping up of that area of highway required to enable the development to take place.

4.         That the City Commissioner for Transportation be authorised to take all necessary procedural steps in conjunction with the making of the order and to make the order as proposed if there are no unresolved objections to the draft order.

Demolition of existing public house and redevelopment to provide a building comprising of basement, ground and four upper floors to provide a public house (Class A4) at ground floor and basement level and 10 residential units from basement to fourth floor levels; associated landscaping works and cycle parking.

RESOLVED:

That

1.            In light of the material changes in circumstances that had arisen since the determination of the application on 13 January 2015, the Committee agreed that the reason for refusal should be amended to include objection to a loss of the existing building.

2.            The following amended reason for refusal be agreed:

‘Because of the loss of the existing building (an undesignated heritage asset), and because of the bulk, height and detailed design of the new building, the development would be detrimental to the view from the adjacent Maida Vale Conservation Area, namely the Paddington Recreation Ground, and from Carlton Vale, where the site is viewed in the context of the gateway entrance to the park (i.e. the Recreation Ground). It would therefore harm the appearance of this part of the City and fail to maintain or improve (preserve or enhance) the setting of the neighbouring Maida Vale Conservation Area. This would not meet S25 and S28 of Westminster’s City Plan: Strategic Policies adopted November 2013 and DES 1 and DES 9 (F) of our Unitary Development Plan that we adopted in January 2007.’

3.            The City Council would resist the appeal against refusal of planning permission for the additional reason of the loss of the existing building (as set out in 2 above).