Agenda and minutes

To note any changes to the membership.

1.1 Apologies for absence were received from Councillor Nafsika Butler-Thalassis.

1.2 A Councillor was required to Chair the evening’s meeting and the Sub-Committee

RESOLVED:

That Councillor Ryan Jude be elected Chair of Planning Applications Sub-Committee (3) for that evening’s meeting.

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 Ryan Jude explained that a week before the meeting, all Members of the Sub-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 emails containing objections or giving support. Members of the Sub-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 Sub-Committee, it did not mean that the issue had been ignored. Members would have read about the issue and comments made by correspondents in the papers read prior to the meeting.

2.2 Councillor Jude also declared an interest on Item 7 that the application was in his ward but he had had no previous discussions on the application.

2.3 Councillor Patrick Lilley declared an Interest on Item 1 that the application was in his ward but he had not had any discussions on the application.

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

RESOLVED: That the minutes of the meeting held on 3^rd October 2023 be signed by the Chair as a correct record of proceedings.

Applications for decision

The Sub-Committee heard the applications in the following order: 7, 1&2, 4, 5, 6.

Demolition of 1 Barrett Street behind retained façade and retained structural ground floor and demolition of 2 Barrett Street to structural frame and floorplates. Erection of replacement building over basement, ground and five upper floors at 1 Barrett Street and erection of replacement facades and new fifth floor to 2 Barrett Street with roof level plant/plant screen, photovoltaic panels and green roof. Use of part basement and part ground floor level as restaurant (Class E). Flexible use of the first floor as a restaurant (Class E) or office (Class E). Use of part basement, part ground and second to fifth floor as offices (Class B1 E).

The Presenting Officer tabled the following amendment to the draft decision letter:

Additional Condition

The development hereby approved shall achieve a BREEAM rating of ‘Excellent’ or higher or an equivalent independent measure of energy performance and sustainability. Where the performance of the development is measured using BREEAM, it shall achieve not less than the total credits for each of the Energy, Materials and Waste categories in the BREEAM Pre-Assessment hereby approved.  

A post completion certificate (or equivalent certification) confirming that the development has been completed in accordance with the required BREEAM rating and has maintained or exceeded the approved total credit scores for each of the Energy, Materials and Waste categories, shall be submitted to us for our approval within three to nine months of first occupation of the development. (C44BC) 

Reason 

To ensure the development minimises operational carbon dioxide emissions and achieves the highest levels of sustainable design and construction in accordance with Policies 36 and 38 of the City Plan 2019 – 2040 (April 2021) and the Environmental Supplementary Planning Document (February 2022). (R44BE) 

Chris Brown, representing Rolfe Judd Planning, addressed the Sub-Committee in support of the application.

RESOLVED UNANIMOUSLY

That conditional permission be granted subject to a s106 legal agreement to secure

i)   replacement residential floorspace at 21-22 Barret Street and 24 James Street

ii)  s106 monitoring costs

That if the S106 legal agreement has not been completed within six weeks of the date of this resolution then:

a) The Director of Place Shaping and 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 Place Shaping and Planning is authorised to determine and issue the decision under Delegated Powers; however, if not;

b) The Director of Place Shaping and Planning shall consider whether the 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 Place Shaping and Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

Demolition and redevelopment of 21 Barrett Street to provide a drinking establishment with expanded food offer on the basement and ground floors, in association with the basement and ground floors of 22 Barrett Street and 24 James Street, (Sui generis) ; use of the first to fourth floors at 21 Barrett Street and 24 James Street as six flats (4 x 1 bed flats and 2 x 2 bed); alterations to 22 Barrett Street including installation of opening shopfront; replacement of all windows on James Street facade; installation of new plant to the rear and alterations to the second means of escape. (Application linked via land use swap with 1-2 Barrett Street).

RESOLVED UNANIMOUSLY

That conditional permission be granted subject to a S106 legal agreement to secure:

i)                    the relocation of the office floorspace to Site 1 (1-2 Barrett Street)

ii)                   highway works

iii)                 S106 monitoring costs

That if the S106 legal agreement has not been completed within six weeks of the date of this resolution then:

a)   The Director of Town Planning and Building Control 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, Director of Town Planning and Building Control is authorised to determine and issue the decision under Delegated Powers; however, if not;

b) The Director of Town Planning and Building Control shall consider whether the 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 Director of Town Planning and Building Control is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

That conditional permission be granted subject to an additional condition requiring servicing management plan with informatives requiring hours of servicing to be agreed and for the applicant to investigate the provision of on-street cycle parking.

Withdrawn from the agenda.

Replacement of mansard roof with sheer brickwork extension, new mansard roof extension & roof top plant enclosure to provide additional Hotel Accommodation (Class C1). Alterations to façade fenestration and shopfronts to the building, installation of green wall to side (north east), and associated works.

1.                                 Additional representations were received from WCC Highways Planning (23.11.23), WCC Sustainability (27.11.23), WCC Building Control (24.11.23) and the Presenting Officer who submitted a Memo (30.11.23) and a Revised Draft Decision letter, setting out the following amendments to the recommendation and draft decision letter

Grant conditional permission, subject to a s106 Legal Agreement to secure:-

i)                Highways works to facilitate the development. 

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

a) The Director of Town Planning and Building Control 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 Town Planning and Building Control is authorised to determine and issue the decision under Delegated Powers; however, if not;

b) The Director of Town Planning  and Building Control shall consider whether the 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 Town Planning and Building Control is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

3.                                 Deleted/Revised Conditions:-

·       Revision to Condition 6- to refer to revised drawing number.

·       Revision to Condition 13- to require details of a modular green wall.

·       Revision to Condition 14 to require provision of cycle parking (revised drawing Proposed basement 099 Rev A (30.11.2023))

·       New Condition 15- No doors to open over the highway.

4.                                 Revised drawings on Decision letter:-

·       Proposed basement 099 Rev A (30.11.2023)

·       Proposed ground floor 100 Rev C (30.11.2023

Molly Purcell, representing Iceni Projects, addressed the Sub-Committee in support of the application.

RESOLVED UNANIMOUSLY

That conditional permission be granted, subject to a s106 Legal Agreement to secure:

- Highways works to facilitate the development. 

Replacement of roof and erection of rear and side dormers, alterations to fenestration including replacement of windows, installation of plant machinery within enclosure at roof level and associated external alterations.

Late representations were received from Landmark Chambers (1.12.23).

Antonin Jullier addressed the Sub-Committee in objection to the application.

RESOLVED THAT THE APPLICATION BE REFUSED: (Refused: Councillors Jude and Lilley: Agreed: Councillor Hyams)

Reason: on the grounds of inappropriate design and harm to the character and appearance of the surrounding Westbourne Conservation Area

Variation of condition 1 (and in turn condition 9) of planning permission dated 21st December 2021 (RN:21/03579/FULL) for the Erection of a single storey roof extension above the existing circular parapet to provide one self-contained flat (Class C3) with associated roof terrace. Namely, extend the front terraces on both sides of the consented extension to the front of the building.

Late representations were received from Grove End House Leaseholders and Tenants Association (29.11.23) and Councillor Geoff Barraclough (1.12.23).

Myra Grunberg, representing Grove End House Leaseholders and Tenants Association, addressed the Sub-Committee in objection to the application.

RESOLVED UNANIMOUSLY:

That conditional permission be granted.

Internal and external refurbishment of the property including Installation of five air source heat pumps to be fixed to the walls of the internal courtyard. Installation of secondary glazing. New roof lights and external render repairs.

Additional representations were received from Historic England (27.11.23) and SEBRA (30.11.23).

Luca Holden, representing AtkinsRéalis, addressed the Sub-Committee in support of the application.

Claire Nangle, Interim Director of Corporate Property (WCC), addressed the Sub-Committee in support of the application.

Stephen Petri addressed the Sub-Committee in opposition to the application.

RESOLVED UNANIMOUSLY:

That Conditional Permission be granted under Regulation 3 of the Town and Country Planning General Regulations 1992 (Council’s Own Development) and Conditional Listed Building Consent subject to an additional condition requiring a post-commissioning report for plant and an informative requesting Corporate Property to actively pursue internally sound proofing the building.