Agenda and minutes

To note any changes to the membership.

1.1     It was noted that there were no changes to the membership.

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

2.1       Councillor Robert 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 got 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.

2.2      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 did not mean that Members had ignored the issue as they will have read about it and comments made by correspondents in the papers read prior to the meeting.

2.3      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 were without prejudice and all parties were advised that a final formal decision was only taken when all the facts were before him and his Committee through the normal planning application process.

2.4      Councillor Davis wished to declare that in his capacity as Cabinet Member he knew 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, Belgrave, Rolfe Judd, Gerald Eve, Hard Hat, GL Hearn and Turleys.

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

            Item 1 - That he had held a number of meetings with the applicants and had during the process got to know the Directors of  ...  view the full minutes text for item 2.

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

3.1       RESOLVED:  That the minutes of the meeting held on 15 November 2016 be         signed by the Chairman as a correct record of proceedings.

Applications for decision

Demolition of existing buildings and mixed use redevelopment comprising a commercial cube providing up to 50,000 sqm (GEA) floorspace of office/commercial uses, retail and café/restaurant uses at lower levels and top floor level, a retail/restaurant building on Praed Street; a new major piazza including pedestrianisation of London Street, a new access road between Winsland Street and Praed Street, hard and soft landscaping, new underground station entrance and new Bakerloo Line Ticket Hall; and associated infrastructure and interface highway and transport works for underground connections, and ancillary works.

Additional representations were received from:

1.    Email from TFL dated 28.11.2016 & letter dated 01.12.2016

2.    Letter from Imperial College Healthcare NHS Trust dated 1.12.2016 & 02.12.2016

3.    Letter from Councillor Cox dated 30.11.2016

4.    Letter from PRACT dated 01.12.2016

5.    Letter from Paddington Now dated 01.12.2016

6.    Email from SEBRA dated 02.12.2016

7.    Memo from Arboricultural Officer dated 28.11.2016

8.    Response from occupier of 32 Bathurst Mews dated 28.11.2016 (S)

9.    Response from the occupier of 27 Leinster Square dated 28.11.2016 (O)

10.Response from the occupier of 95 Gloucester Mews West dated 30.11.2016 (O)

11.Response from the occupier of Craven Road (no number given) dated 30.11.2016 (O)

12.Response from the occupier of 23 Leinster Mews dated 30.11.2016 (S)

13.Response from the occupier of Flat 46 Corringham, 13-16 Craven Hill Gardens dated 30.11.2016 (O)

14.Response from Skyline Campaign dated 30.11.2016 (O)

15.Response from the occupier of Burnwithian Stick Hill Edenbridge dated 30.11.2016 (S)

16.Response from the occupier of 74 Brampton Road St Albans dated 30.11.2016. (S)

17.Response from Dandi Living Limited dated 01.12.2016 (S)

18.Response from the occupier of 17 Burrard Road dated01.12.2016 (O)

19.Response from the occupier of 3 Hatherley Gardens dated 01.12.2016 (O)

20.Response from the occupier of 27 Coniston Court dated 01.12.2016 (O)

21. Response from the occupier of 59 Lancaster Mews dated 01.12.2016 (O)

22.Response from the occupier of  Holly Lodge Mansions, Highgate dated 01.12.2016 (O)

23.Response from the occupier of Ground floor flat, 79 Westbourne Terrace 01.12.2016 (O)

24.Response from the occupier of Flat 1, 169-173 Malden Road 01.12.2016 (O)

25.Response from the occupier of  W10 6AS dated 02.12.2016 (S)

26.Response from the occupier of 16 Cleveland Square dated 02.12.2016 (O)

27.Responses (x2) from the occupiers (x2) of 150 Gloucester Terrace dated 02.12.2016 (O)

28.Response from the occupier of 166A Gloucester Terrace dated 02.12.2016 (O)

29.Response from the occupier of  Apartment 34, 11 Harbet Road dated 02.12.2016 (O)

30.Response from the occupier of 18 Westbourne Terrace  dated 02.12.2016 (S)

31.Response from the occupier of Basement Flat 98 Westbourne Terrace dated 02.12.2016 (O)

32.Response from the occupier of 43 Penwortham Road London dated 02.12.2016 (S)

33.Response from the occupier of The Mount dated 02.12.2016 (S)

34.Response from the occupier of 46 Eaton House dated 02.12.2016 (S)

35.Response from the occupier of 98 Westbourne Terrace dated 02.12.2016 (O)

36.Response from the occupier of 33 Manchester  ...  view the full minutes text for item 1.

Demolition of existing building and the erection of a four storey building to accommodate 44 residential dwellings (Class C3) and associated works including landscaping and the provision of car parking.

Additional representations were received from Metropolitan Police (29.11.16) and Planning Highways Manager (29.11.16).

Late representations were received from Gerald Eve (6.12.16), Head of Affordable & Private Sector Housing (5.12.16), Metropolitan Police (1.12.16 & 5.12.16), Jacqueline Zelkha (2.12.16) and Tasos Kontos (5.12.16).

The presenting officer tabled the following change to the draft decision letter:

ADD Condition 22:

Pre Commencement Condition. No development shall take place, including any works of demolition, until a construction management plan for the proposed development has been submitted to and approved in writing by the City Council as local planning authority. The plan shall provide the following details:

(i)         a construction programme including a 24 hour emergency contact number;

(ii)        parking of vehicles of site operatives and visitors (including measures taken to ensure satisfactory access and movement for existing occupiers of neighbouring properties during construction);

(iii)       locations for loading/unloading and storage of plant and materials used in constructing the development;

(iv)       erection and maintenance of security hoardings (including decorative displays and facilities for public viewing, where appropriate);

(v)        wheel washing facilities and measures to control the emission of dust and dirt during construction; and

(vi)       a scheme for recycling/disposing of waste resulting from demolition and construction works.

You must not start work until we have approved what you have sent us. You must then carry out the development in accordance with the approved details. 

REASON:

To protect the environment of residents and the area generally as set out in S29 of Westminster's City Plan (November 2016) and  STRA 25, TRANS 23, ENV 5 and ENV 6 of our Unitary Development Plan that we adopted in January 2007.

RESOLVED:

1.    Subject to no new issues being raised when the consultation period on the revised proposal formally expires on 9 December 2016, conditional permission granted subject to:

i. Amending condition 22 as tabled and set out above

ii. An additional condition that requires the flats to be affordable.

2.   Members agreed that due to the exceptional circumstances of this case this proposal can be treated as an affordable housing credit to be secured by a Memorandum of Understanding (MOU).  This Almshouses Memorandum of Understanding will set out the terms of this funding mechanism and shall be regarded as a material planning consideration from the date of this resolution and shall last for a period of ten years.

Use of the Fire Station (ground floor) as Class A3 and (four upper floors) as Class C3 use (6 flats) with associated internal and external alterations.Demolition of the existing rear buildings and replacement with a five storey residential building to provide 11 flats with balconies, excavation of one storey basement under the entire footprint of the site to accommodate A3 use and residential use. Installation of photovoltaic panels to roof level of rear building. Rebuilding of the existing rear tower with installation of plant on top.

Additional representations were received from Christopher Davis (2.12.16), Clare Annamalai (2.12.16), Hilary Johnson (1.12.16), Dr Guy Northridge (30.11.16), Stephen Black (30.11.16), Victor Farhi (29.11.16), Emmett de Monterey (29.11.16), Charles Rose (29.11.16), Alessandro Vittorini (29.11.16), Ida Hochman (28.11.16), Susan Timbrell (28.11.16), Jennifer Solomon (28.11.16), Bruce Rayner (28.11.16), Rachael Macpherson (28.11.16) and Andrew Stainer (26.11.16).

Late representations were received from Michael O’Brien (6.12.16), Nitin Parshotam (5.12.16), Martin Fricker (5.12.16), Tim and Barbara Benton (3.12.16 & 4.12.16), Derek Butler (2.12.16) and Fiona Jones (6.12.16).

The presenting officer tabled the following changes to the recommendation and draft decision letter.

Remove 2 part iii of the recommendation:

The applicant to comply with the Council's Code of Construction Practice, provide a Site Environmental Management Plan including  a Construction Access Plan for Artillery Mansions prior to commencement of development to ensure access is not affected and provide a financial contribution of £52,000 per annum during demolition and construction to fund the Environmental Inspectorate and monitoring by Environmental Sciences officers.

Add the following to the recommendation:

3. Grant conditional listed building consent.

4. Agree the reasons for granted listed building consent as set out in Informative 1 of the draft decision letter.

Add the following Conditions:

Condition 34

Prior to the commencement of any demolition or construction on site the applicant  shall provide evidence that any implementation of the scheme hereby approved, by the applicant or any other party, will be bound by the council's Code of Construction Practice. Such evidence must take the form of a completed Appendix A of the Code of Construction Practice, signed by the applicant and approved by the Council's Environmental Inspectorate, which constitutes an agreement to comply with the code and requirements contained therein.

Reason

To protect the environment of neighbouring occupiers.  This is as set out in S29 and S32 of Westminster's City Plan (November 2016) and ENV 6 of our Unitary Development Plan that we adopted in January 2007.

Condition 35

You must apply to us for approval of a construction access plan to demonstrate how the pedestrian and vehicle access between Artillery Mansions and Greycoat Place will remain fully accessible during construction.

You must not start work until we have approved what you have sent us. You must then carry out the work according to these details.

Reason

To protect the environment of neighbouring occupiers as set out in S29 of Westminster's City Plan (November 2016).

RESOLVED:

1.            Members considered that the additional set-backs proposed for the five storey residential building are sufficient  ...  view the full minutes text for item 3.

Internal and external alterations including alterations to roof comprising removal of rooftop plant rooms and associated structures and construction of additional two storeys to provide 40 additional hotel (Class C1) bedrooms; alterations to elevations on Brook Street, Davies Street and Brook's Mews; and excavation at basement level to provide five new basement levels to provide additional hotel floorspace (Class C1) in the form of ancillary restaurants/bars, function rooms, hotel leisure/spa facilities, ancillary and back of house spaces.

Additional representations were received from Cabana, Hush and Hache Restaurants (30.11.16) and summary of proposals from the applicant (undated).

The presenting officer tabled the following clarification in respect of the committee report:

Attention is drawn to Section 8.10 of the officer’s report.  The paragraph at the top of Page 246 discusses the applicant’s proposed contribution to environmental improvement works to Brook’s Mews or another location within the vicinity of the site.  The report says that the offer should not carry any material weight.  The report should read that the offer should not carry any weight in the determination of the application. 

The presenting officer tabled the following changes required to the draft decision letters on this case (changes in bold):

16/07451/FULL

Revised Condition 10:

You must provide the waste store shown on drawing Lower Ground Floor General Arrangement as proposed (1374(03)090P Rev B) before the additional 40 bedrooms hereby approved are occupied. You must clearly mark it and make it available at all times to everyone using the hotel.  You must store waste inside the property and only put it outside just before it is going to be collected.  You must not use the waste store for any other purpose.

Revised Condition 11:

You must apply to us for approval of a Servicing and Operational Management Plan for the hotel to demonstrate management of the servicing requirements of the hotel and management and access arrangements for the ancillary restaurants. You must not occupy either of the hotel extensions until we have approved what you have sent us. You must then manage the servicing requirements for the hotel and ancillary restaurants in accordance with the approved Plan.

Revised Condition 18:

You must apply to us for approval of details of the CHP flue, including details of how it will be built and how it will look. You must not start on this part of the development until we have approved what you have sent us and you have carried out the work according to the approved details.  (C14BB)

Reason:

To protect the environment of people in neighbouring properties and the special architectural or historic interest of this building and to make sure the development contributes to the character and appearance of the Mayfair Conservation Area. This is as set out in S25, S28, S29 and S32 of Westminster's City Plan (November 2016) and DES 1, DES 5, paras 10.108 to 10.146 and TACE2, ENV 6 and ENV 7 of our Unitary Development Plan that we adopted in January 2007.  ...  view the full minutes text for item 4.

Installation of 5 new retail kiosks (Class A1) on the western side of Bird Street and a replacement kiosk (Class A1) close to the junction with Oxford Street, and associated landscaping works to the highway.

An additional representation was received from the applicant in the form of a summary of proposals (December 2016).

Late representations were received from Councillor Heather Acton (6.12.16), Head of Road Management (6.12.16) and NWEC (Greening proposals).

The presenting officer tabled the following changes to the description of the development:

Amended description of development:

Installation of 5 new kiosks on the eastern side of Bird Street and associated landscaping works and works to the highway, including laying of artificial grass and provision of a green wall. 

The presenting officer tabled the following changes to the decision letter:

Additional condition No 5:

You must apply to us for approval of detailed drawings at a scale of 1.50 and 1.20 of the following parts of the development canopies including the method of fixing to the building on the western side of Bird Street. You must not start work until we have approved what you have sent us.

You must then carry out the work according to these details

Reason

In the interests of public safety, to ensure that the awnings are not hit by high  vehicles and to protect the environment of people in neighbouring properties as set out in TRANS 2 and TRANS 3 of our Unitary Development Plan that we adopted in January 2007 and S24,S29 and S32 of Westminster’s City Plan ( July 2016).

Additional condition No 6

All servicing must take place between 07.00 and 10.00 daily

Reason

To avoid blocking the surrounding streets and to protect the environment of people in neighbouring properties as set out in  S42 of Westminster's City Plan (November 2016) and STRA 25, TRANS 20 and TRANS 21 of our Unitary Development Plan that we adopted in January 2007.

Additional condition 7

You must apply to us for detailed drawings of the green wall including size and species of plants. You must not start work until we have approved what you have sent us. You must then carry out the landscaping and provide the green wall within 2 months of completing the development (or within any other time limit we agree to in writing), which should then be permanently whilst the kiosks remain in situ.

Reason

To improve the appearance of the development and its contribution to biodiversity and the local environment, as set out in S38 of Westminster's City Plan (November 2016) and ENV 16, ENV 17 and DES 1 (A) of our Unitary Development Plan that we adopted in January 2007

Additional condition 8

No music shall be played at the kiosks hereby approved

Reason

To protect the environment of people in neighbouring properties as set out in S24,S29 and S32 of Westminster’s City Plan ( July 2016) and ENV6 of our Unitary Development Plan that we adopted in January 2007

RESOLVED:  That conditional permission be  ...  view the full minutes text for item 5.

Demolition of existing 4th to 6th floors and erection of new 4th to 6^th floors, including provision of a roof top garden and terrace at 6th floor level; all for office (Class B1) purpose. Relocation of plant to a 1st floor lightwell, replacement of windows to front elevation, alterations to rear elevation and new ground floor entrance.

Additional representations were received from E&A Property Investment Company Ltd (30.11.16) and Regent Street Association (30.11.16)

A late representation was received from Councillor Jonathan Glanz (6.12.16).

RESOLVED:  That conditional permission be granted subject to:

1.         Amending condition 4.1 so that the step back to the glass balustrade applies to the roof level only

2.         Removing condition 4.2 regarding retaining the existing entrance.

Application 1

Variation of Conditions 16 and 17 of planning permission dated 9 October 2014 (RN: 13/12442/FULL) for reconfiguration of the ground and first floors to provide a supermarket (Class A1) at part ground floor and first floor levels with three retail shop units (Class A1) and two restaurant/ cafe units (Class A3) at ground floor level, extension to Porchester Road and Bishop's Bridge Road elevations to infill existing colonnade and create entrance lobby to their supermarket, infilling of basement vents to Bishop's Bridge Road, alterations to street facades, amendments to rear service yard, installation of mechanical plant and associated public realm works. NAMELY, to allow amalgamation of Units 4 and 5 facing Bishop's Bridge Road to form one retail unit for use as a mixed retail shop and restaurant use (Sui Generis) (Site also known as Unit 4, Bishop's Quarter, Bishop's Bridge Road).

Application 2

Details of the location, number, appearance, hours of use and location of storage of tables and chairs and associated non-fixed structures such as enclosures or barriers around tables and chairs or sun shades to be placed on the forecourt of the building pursuant to Condition 20 of planning permission dated 9 October 2014 (13/12442/FULL) (Site also known as Unit 4, Bishop's Quarter, Bishop's Bridge Road).

An additional representation was received from Highways Planning (29.11.16).

A late representation was received from GL Hearn (6.12.16).

The presenting officer tabled the following amendment to condition 20 in the draft decision notice:

AMEND condition 20 to state:

20        No tables and chairs shall be placed outside of the retail units hereby approved on the forecourt of the building (where it does not form part of the public highway) without our written approval. You must apply to us for approval of the location, number, appearance, hours of use and location of storage for any tables and chairs and associated non-fixed structures such as enclosures or barriers around tables and chairs or sun shades that you propose to place on the forecourt of the building. You must not place the table and chairs or associated structures outside the retail units until we have approved what you have sent us. You must then only place the tables and chairs in the locations we approve in accordance with the details of their use and appearance that we approve.

To the following:

With the exception of the tables and chairs and associated non-fixed structures or barriers on the forecourt of the building that we approved on 6 December 2016 (RN: 16/09312/ADFULL), no other tables and chairs shall be placed outside of the retail units hereby approved on the forecourt of the building (where it does not form part of the public highway) without our written approval. You must apply to us for approval of the location, number, appearance, hours of use and location of storage for any tables and chairs and associated non-fixed structures such as enclosures or barriers around tables and chairs or sun shades that you propose to place on the  ...  view the full minutes text for item 7.

Lawful Development Certificate for a Mixed Use comprising retail, depository, research centre, archive library, consultancy, publishing and conservation for historic tapestries, textile art and carpets at basement and ground level (sui generis).

RESOLVED:  That a certificate be issued.