Agenda item

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 granted for a temporary period of one year subject to:

1.         The additional conditions as tabled and set out above;

2.         An additional condition that the Astroturf shall be cleaned and maintained to the satisfaction of the City Council.  If the Council is not satisfied that this is being done or believes that the Astroturf is not working and notifies the applicant of this in writing, the Astroturf shall be removed from the highway in full within 7 days of receipt of the written notification.

3.         Additional informatives requiring the applicant to liaise with the Council’s Arboricultural Manager about paying for replacement of the tree that is to be removed once the temporary permission expires and to highlight the issues of concern raised by the Council’s Cleansing and the Highways Teams regarding the use of Astroturf.