Agenda and minutes

To note any changes to the membership.

It was noted that Councillor Rigby had replaced Councillor Mohindra.

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 Melvyn Caplan 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       Councillors Caplan, Bush and Church all declared that in respect of Item 4 they had all sat on the Committee which had considered the application previously.

2.3       Councillor Paul Church declared that in his capacity as Ward Councillor for West End Ward and Deputy Cabinet Member for Adult Social Services & Public Health, he met and engaged regularly with residents, residents groups, developers and others. He considered members of both the Majority and Minority party as friends and met with them regularly. Councillor Church also declared that Items 2, 3 and 5 were all situated within his ward.

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

That the minutes of the meeting held on 11 April 2017 be signed by the Chairman as a correct record of proceedings.

Applications for decision

Erection of structures at roof level, including retractable and non-retractable canopies; new kitchen, bar and store areas; extended lift shaft; altered staircase enclosure; installation of glazed balustrade and other associated alterations, in connection with an existing roof terrace.

RESOLVED:

That conditional permission be granted subject to Condition 6 being amended to ensure the maintenance of the canopies and requiring them to be retained in the same colour and materials.

Use of part ground and basement floors as gym/ health club/ fitness studio (Class D2).

The presenting officer circulated the following amendments to the conditions:

Delete Draft Condition 12 – relating to approval of shower and changing facilities.

Revised Condition 12 [renumbered condition 13 plus reason]

You must use the property only for gym, fitness or health club use. You must not use it for any other purpose, including any within Class D2 of the Town and Country Planning (Use Classes) Order 1987 as amended April 2005 (or any equivalent class in any order that may replace it).

RESOLVED:

That conditional permission, as amended, be granted.

External and internal alterations and extensions to the existing hotel including the excavation of a new basement beneath part of the site, erection of rear infill extensions, and roof level alterations to nos. 35, 36, 37 and 38 to provide additional hotel accommodation (Class C1). Installation of external plant at main roof level on nos. 28, 29 and 30.

The presenting officer circulated the following amendment to the recommendation:

Grant conditional planning permission subject to no substantive new issues being raised as a result of a 25 day consultation with London Underground, and the addition of any relevant conditions that may be required as a consequence of any representation.

RESOLVED:

1)            That conditional planning permission be granted subject to:

i)             no substantive new issues being raised as a result of a 25 day consultation with London Underground, and the addition of any relevant conditions that may be required as a consequence of any representation;

ii)            Condition 14 being amended to restrict servicing to between the hours of 07:00 and 22:00 on Saturdays and Sundays.

2)            That conditional listed building consent be granted; and

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

Councillor Church requested that his dissent to the servicing hours granted be recorded.

Use of part ground and lower ground floors of No. 93 as 3-bed flat (Class C3) and part ground floor as retail (Class A1). Creation of front basement lightwells with associated railings and steps to Nos. 93 and 95, replacement pavement light on the Winchester Street frontage and associated works to the pavement vaults. Replacement of rear window with double doors to rear of No. 93.

A late representation was received from Councillor Adam Hug (22/04/17).

RESOLVED:

That conditional permission be granted.

Demolition of existing building and replacement with a new enlarged single family dwelling with integrated basement accommodation, including underpinning works to both adjoining properties, 24 and 26 St Anselm’s Place.

An additional representation was received from Crossrail Limited (20/04/17).

The presenting officer circulated the following amendments to the conditions:

Additional conditions and reasons:

15. Pre Commencement Condition None of the development hereby permitted shall be commenced until detailed design and construction method statements for all of the ground floor structures, foundations and basements and for any other structures below ground level, including piling (temporary and permanent), have been submitted to and approved in writing by the Local Planning Authority [in consultation with Crossrail Limited] which:-

(i)     Accommodate the proposed location of the Crossrail structures including tunnels, shafts and temporary works;

(ii)     Mitigate the effects of noise and vibration arising from the operation of the Crossrail railway within the tunnels and other structures;

(iii)    Mitigate the effects on Crossrail, of ground movement arising from development.

The development shall be carried out in all respects in accordance with the approved design and method statements. All structures and works comprised within the development hereby permitted which are required by paragraphs 1(i), 1(iii) and 1(iv) of this condition shall be completed, in their entirety, before any part of the building[s] hereby permitted is/are occupied.

Reason: To meet the requirements of a direction made in connection with the CrossRail Project by the Secretary of State for Transport under Articles 10 (3), 14 (1) and 27 of the Town and Country Planning (General Development Procedure) Order 1995 and as set out in S41 and S43 of Westminster's City Plan (November 2016) and TRANS 5 (E) and para 4.68 of our Unitary Development Plan that we adopted in January 2007.

16. Pre Commencement Condition None of the development hereby permitted shall be commenced until a method statement has been submitted to, and approved in writing, by the Local Planning Authority [in consultation with Crossrail Limited] to include arrangements to secure that, during any period when concurrent construction is taking place of both the permitted development and of the Crossrail structures and tunnels in or adjacent to the site of the approved development, the construction of the Crossrail structures and tunnels is not impeded.

Reason: To meet the requirements of a direction made in connection with the CrossRail Project by the Secretary of State for Transport under Articles 10 (3), 14 (1) and 27 of the Town and Country Planning (General Development Procedure) Order 1995 and as set out in S41 and S43 of Westminster's City Plan (November 2016) and TRANS 5 (E) and para 4.68 of our Unitary Development Plan that we adopted in January 2007.

RESOLVED:

That conditional permission, as amended, be granted.

Erection of single storey rear extension at lower ground floor level and three storey rear extension at first to third floor levels, excavation of front light well with associated railings, replacement of shopfront to No. 14, demolition of water tank and installation of two air conditioning units within an acoustic enclosure at roof level; in association with refurbishment of hotel to increase hotel capacity.

An additional representation was received from Councillor Susie Burbridge (24/04/17).

A late representation was received from the South East Bayswater Residents’ Association (27/04/17).

The presenting officer circulated the following amendments to the conditions:

Revised Condition 4

You must apply to us for approval of detailed drawings of the following parts of the development:

1)    Detailed drawings, including sections at a scale of 1:20 or 1:10 of the proposed new windows;

2)    Detailed drawings, of the new railings and staircase, including their method of fixing; and proposed to be constructed of metal painted black;

3)    Detailed drawings, of the lower ground floor front elevation; and

4)    Detailed drawings, of the proposed shop front to No. 14.

You must not start work on these parts of the development until we have approved what you have sent us. You must then carry out the work according to these details, before the new rooms are occupied.

Revised Condition 10

You must only operate the ground floor hotel dining space in accordance with the following:

a)    The ground floor hotel dining space shall only be used for ancillary purposes to the use of the hotel and its guests and not for visiting members of the public;

b)    You must not cook raw or fresh food on the premises;

c)    You must not sell any take-away food or drink on the premises;

d)    You must not make deliveries;

e)    The premises must only operate between the hours of 07:30 and 23:00 hours Monday to Sunday; and

f)     No blocking or obscuring the ground floor front windows.

Revised Reason for Condition 10

The plans do not include any kitchen extractor equipment. For this reason we cannot agree to unrestricted use as people using neighbouring properties would suffer from cooking smells. Also to protect neighbouring residents from noise and disturbance and to prevent a dead frontage, as set out in in S24, S29 and S32 of Westminster’s City Plan (November 2016) and ENV5, ENV6 and TACE 11 of our Unitary Development Plan that we adopted in January 2007.

RESOLVED:

That conditional permission, as amended, be granted subject to Condition 10(e) being revised to allow the premises to operate between the hours of 07:30 and 00:00 Monday to Sunday.