Agenda and minutes

To note any changes to the membership.

1.1       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 Richard Beddoe explained that a week before the meeting, all four Members of the Committee were provided 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 this meeting in the officers’ presentation or by Members of the Committee, it did not mean that the issue had been ignored.  Members will have read about the issue and comments made by correspondents in the papers read prior to the meeting. 

2.2       Councillor Beddoe also declared that in his capacity as Chairman of Planning, he gets to know a number of property developers and planning consultants, although he does not consider them his friends. He added that any Members of the Majority Party who had or would make representations in respect of the applications on the agenda were his friends.

2.3       Councillor Tim Mitchell declared that any Members of the Majority Party who had or would make representations in respect of the applications on the agenda were his friends. He also advised that in his capacity as a Councillor for St James’s Ward, and as Cabinet Member for Finance, Property and Corporate Services responsible for the City Council’s property portfolio, he regularly met with members of the planning and property industry as well as residents’ associations and amenity groups.

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

Item 6: That the application is in his Ward and that he had received representations from objectors and presentations from the applicant for previous applications for this site.

            Item 7: That he had sat on the Committee that had considered a previous application.

2.5       Councillor Susie Burbridge declared that any Members of the Majority Party and Minority Party who had or would make representations on the applications on the agenda were her friends. She declared that she is the Deputy Cabinet Member for Housing. Councillor Burbridge further advised that that she did meet architects and developers from time to time but had not seen or spoken to any in relation to the applications on the agenda. 

2.6       Councillor Burbridge then made the following declarations as they related to the specific applications on the agenda:

            Item 2: That she had sat on the Committee that had considered a previous application in March 2016 and that she would withdraw from the Committee for this item so she could address the Committee in her capacity as a Ward Councillor on the application.

            Item 6: That she had sat on the Committee that had considered a previous application.

2.7       Councillor David Boothroyd declared that he is Head of Research and Psephology for Thorncliffe, whose clients are companies applying  ...  view the full minutes text for item 2.

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

2.1       That the minutes of the meeting held on 25 April 2017 be signed by the Chairman as a correct record of proceedings.

Applications for decision

Demolition of the existing buildings at 19-35 Baker Street, 88-110 George Street, 69-71 Blandford Street and redevelopment to create a mixed use scheme providing offices (Class B1), retail (Class A1 and flexible Class A1/A3 units) and up to 51 residential units (Class C3) within a new ground plus nine storey building (and an enclosed plant area) on Baker Street; a new stepped ground plus four to ground plus six storey building on George Street; refurbishment, extension and the change of use of the first floor from office to residential at 30 Gloucester Place; creation of a single storey basement level linking the Baker Street and George Street buildings to provide car and cycle parking, refuse and servicing; creation of a new central, publically accessible courtyard; removal of 5 trees and replacement trees across the site, a new publically accessible route at ground level connecting Baker Street and Gloucester Place; associated plant, landscaping, replacement pavements in part and other associated works.

The draft decision letter including conditions and informatives were included in the additional representations received.

Additional representations were also received from J Butterworth Planning Limited (05.05.2017), Meir Abutbul and Kerry Tomlinson on behalf of The Residents Association 35 George Street (05.05.2017) and Vasic (10.05.2017).

Late representations were received from Gerald Eve (15.05.2017 and 16.05.2017), Derwent London and The Portman Estate (11.05.2017 and 16.05.2017), Memery Crystal (16.11.2017), Saira Kabir Sheikh QC(16.11.2017), Uzoma Onwere (15.05.2017), the Metropolitan Police (20.01.2017), Emma Norden (15.05.2017), David Harouni on behalf of Ester Louise Harouni (15.05.2017), the Environmental Health Enforcement Officer (16.05.2017), KP Acoustics on behalf of the residents of 73-89 Blandford Street (11.05.2017), the Senior Transport Planner (10.05.2017) and the Highways Planning Manager (08.05.2017).

Councillor Iain Bott addressed the Committee in his capacity as a Ward Councillor to raise some concerns about the application.

Councillor Karen Scarborough addressed the Committee in her capacity as a Ward Councillor to raise some concerns about the application.

RESOLVED:

Application deferred to allow the applicant to reconsider the height of the Baker Street building, either by its redesign or reduction in height; reconsider encroachment of the building onto the pavement in Baker Street and George Street; reconsider the servicing arrangements; and to reconsider the distribution of A1 and A3 uses within the scheme.

Variation of Condition 1 and removal of Condition 10 of planning permission dated 27 April 2016 (RN: 15/10072/FULL) for: Demolition of and redevelopment of building behind retained and refurbished facades to Queensway and Porchester Gardens facades to provide a mixed use development comprising three basement levels, ground floor and up to 10 upper floor levels, containing up to 103 residential units (Class C3), retail floorspace (Class A1 and A3) facing Queensway and arranged around a new retail arcade below re-provided central atrium and central retail courtyard, public car park, hotel (Class C1), cinema (Class D2) gym (Class D2), crèche (Class D1), with associated landscaping and public realm improvements, provision of 103 basement residential parking spaces, cycle parking and associated basement level plant and servicing provision. NAMELY, to reduce the height of the front (Queensway frontage) of the building by 1.5m, reduce the two rear towers by one storey and remodel the new top storey as a recessed roof storey, amend the façade alignment on the set back upper floors to the rear, increase height and bulk of infill blocks between rear towers, omit the residential vehicular drop off in Redan Place and reconfigure the Redan Place façade, increase the depth and reconfiguration of the new basement, reconfigure the location and floorspace quantum of uses within the development including increase in hotel bedrooms and floorspace and gym floorspace, increase the number of residential units to provide up to 129 units, amend residential mix of units, amendment of waste management strategy, relocation of retained central staircase from hotel lobby to one of the principal retail units and associated internal and external alterations.

Additional representations were received from Get Whiteleys Right Residents Group (10.05.2017), Waldrams Daylight & Sunlight Charted Surveyors Limited (01.03.2017), Laurence Brooker on behalf of Turley (9.05.2017, 10.05.2017 and 11.05.2017), the Highways Planning Officer (11.05.2017) and the District Surveyor (23.03.2017 and 08.05.2017).

Late representations were received from Claire-Marie Robilliard (15.05.2017), Anthony Harris on behalf of GIA (16.05.2017) and from the Community Infrastructure Levy/Section 106 Support Officer (12.05.2017).

Councillor Adam Hug addressed the Committee in his capacity as Leader of the Opposition to express some concerns about the application.

Councillor Andrew Smith addressed the Committee in his capacity as a Ward Councillor to represent the views of local residents and to express some concerns about the application

Councillor Susie Burbridge, who had earlier declared an interest in respect of this application, withdrew from the Committee during this item in order to address the Committee in her capacity as a Ward Councillor to represent the views of local residents and to express some concerns about the application.

The presenting officer tabled the following amendments to the recommendations and condition 24:

1.    Does Committee consider that the height, bulk and massing of the rear part of the development have been satisfactorily reduced and remodelled so as to adequately mitigate the impact of the development on the character and appearance of the Bayswater Conservation Area, the setting of neighbouring listed buildings and the amenity of  ...  view the full minutes text for item 2.

Removal of Condition 3 and variation of Conditions 1 and 6 of planning permission dated 9 August 1993 (RN: 93/03674/FULL) for: Use of basement to third floors (inclusive) as a doctors group practice (Class D1) with basement car parking (6 spaces). Namely, to allow the use of the premises as a school (Class D1) for a temporary period of three years, allow use of the basement level parking area as a school hall and vary the hours of use of the premises to allow the school use to operate between 07.45 and 18.00 hours Monday to Friday. (Application under Section 73 of the Town and Country Planning Act 1990).

The presenting officer tabled the following amendments to conditions 1, 7, 9 and 10:

Condition 1 reason amended to:

RESOLVED:

That conditional permission be granted, subject to amendments to conditions 1, 7, 9 and 10 as set out above.

Use of all floors as medical use (Class D1) in association with a land use swap with 13-14 Park Crescent. Internal alterations to join the buildings including extensions at first floor level and external alteration to front and rear of the building. Installation of plant to 4th floor and roof. (site includes 73 and 75 Harley Street).

Late representations were received from Mehran Sanei (12.05.2017) and Savills (15.05.2017).

RESOLVED:

1.            That it was considered that the principle of a land use swap with 13-14 Park Crescent was acceptable.

2.            That subject to 1. above, conditional permission be granted, subject to the completion of a legal agreement to secure:

(i)            Provision of a minimum of 945m2 (GEA) of residential floorspace at 13-14 Park Crescent, or an alternative site in the vicinity of the site, prior to first occupation of any part of the development

(ii)          The costs of monitoring the Section 106 agreement.

3.         That if the Section 106 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.

4.         That conditional listed building consent be granted.

5.         That the reasons for granting listed building consent as set out in Informative 1 of the draft decision letter be agreed.

Use of the property as a hotel (Class C1) providing 7 bedrooms.

A late representation was received from Councillor Rachael Robathan (11.05.2017).

RESOLVED:

1.            That it was considered that the circumstances of this case outweigh the strong policy presumption to protect residential accommodation and therefore exceptional circumstances to warrant a policy departure be granted.

2.         That subject to 1. above, conditional permission be granted.

Variation of Condition 1 of planning permission dated 27th April 2016 (RN: 15/07497/FULL) for 'demolition of existing buildings and erection of mixed use development comprising office (Class B1) and retail (Classes A1 & A3) across x2 four storey podiums, each with three residential buildings above (total of x6 residential buildings) ranging from 14 to 20 storeys high, providing residential units (including affordable residential units). Provision of new walkway and landscaping between the podiums and a retail pavilion at ground level. Erection of up to three basement levels comprising residential facilities, cycle storage (commercial and residential), plant and parking spaces.' NAMELY, to allow for an increase in the number of residential units; omission of one basement level; reduction in car parking spaces; amendments to the parking, delivery and servicing strategy; reduction in retail area at ground and lower ground floor; reduction in size of ground floor pavilion building; building height and footprint changes, including both a reduction and increase in heights; and alterations to internal layouts and external elevations.

The presenting officer tabled the following amendments to condition 8 and to table 3 in paragraph 8.1.1 of the report:

Amendment to condition 8 (Waste and Recycling)

You must provide the facilities for the storage and collection of waste and recyclable material for the residential, retail and office uses prior to occupation of any part of the development. Thereafter these facilities must be retained and the spaces used for no other purpose.

You must apply to us for approval of details of how waste is going to be stored on the site and how materials for recycling will be stored separately. You must not start work on the relevant part of the development until we have approved what you have sent us. You must then provide the stores for waste and materials for recycling according to these details, clearly mark the stores and make them available at all times to everyone using the residential, retail and office uses.

Amendment to table 3 in report para 8.1.1

Table 3. Proposed Residential mix and tenure

RESOLVED:

1.         That conditional permission be granted, subject to an amendment to condition 8 as set out above, the concurrence of the Mayor of London, and to the completion of a deed of variation of the legal agreement dated 27 April 2016 to secure the following:

i.              Provision of affordable housing on-site;

ii.             A payment of £10,000,000 towards the provision of affordable housing elsewhere in the City (payable on commencement of development and index linked);

iii.           All highway works surrounding the site required for the development to occur including vehicle crossovers, changes to on-street restrictions and footway repaving;

iv.           The applicant to comply with the Council's Code of Construction Practice, provide a Site Environmental  ...  view the full minutes text for item 6.

Variation of Conditions 1 and 20 of planning permission dated 26 April 2016 (RN: 14/12517/FULL) for demolition of existing buildings and erection of 3x5 bedroom five storey townhouses comprising basement, ground and three upper floors, formation of covered car parking area to rear and alterations to form a side access road; namely, to bring forward the front building line to align with the adjacent building to the south west, amend the detailed design of front and rear facades including revision of form of rear lightwell, addition of rooflights to the main roof and revision of internal layouts.

The presenting officer tabled the following amended recommendations:

Revised Recommendations

1.    Grant conditional permission, subject to completion of a deed of variation to the original legal agreement dated 26 April 2016 to secure the following additional planning obligations:

a)    A financial contribution of £328,320 (index linked) to the Affordable Housing Fund to deliver affordable housing elsewhere in the City in lieu of on-site provision.

b)    Provision of cost of monitoring the new head of term within the agreement (£500 for new head of term).

2.    If the S106 planning obligation has not been completed by 27 June 2017 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 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 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.

RESOLVED:

1.            That conditional permission be granted, subject to the amended recommendations as set out above for the completion of a legal agreement dated 26 April 2016 to secure the following additional planning obligations:

a)            A financial contribution of £328,320 (index linked from the date specified in the original Section 106 agreement) to the Affordable Housing Fund to deliver affordable housing elsewhere in the City in lieu of on-site provision.

b)         Provision of cost of monitoring of the agreement (£500 for new head of term).

2.         That if the Section 106 planning obligation has not been completed by 27 June 2017, 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 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 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  ...  view the full minutes text for item 7.

Two storey infill extension at rear lower ground and ground floors with roof terrace at first floor level; extensions to closet wing at first and second floor levels; infill extension to front lightwell and lowering of basement vault.

Additional representations were received from Charles Spragge (09.05.2017 and 10.05.2017) and Charles Spragge and Louise Spragge (08.05.2017 and 09.05.2017).

Late representations were received from Charles Spragge (16.05.2017) and Charles Spragge and Louise Spragge (15.05.2017).

RESOLVED:

That conditional permission be granted.