Agenda item

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 neighbouring residents?

 

2.    Subject to the Committee’s agreement to 1. above, grant conditional planning permission subject to the completion of a deed of variation to the Section 106 legal agreement dated 27 April 2016 to secure the following:

 

                i.        A financial contribution of £6,000,000 (index linked and payable on commencement of development) towards public realm improvements to Queensway;

              ii.        A financial contribution of £6,000,000 to the Affordable Housing Fund (index linked and payable on commencement of development);

             iii.        Costs of all the highway works associated with the development including the Stopping Up Order and the dedication of land;

             iv.        A financial contribution of £100,000 (index linked) towards improvements to play space in the vicinity of the development;

              v.        A financial contribution of £100,000 (index linked) towards improvements to play space in the vicinity of the development;

             vi.        Comply with the Construction Code of Practice, to provide a Site Environmental Management Plan prior to commencement of development and provide a financial contribution of £40,000 per annum during demolition and construction to fund the Environmental Inspectorate and monitoring by Environmental Sciences officers;

            vii.        Provision of car parking for the residential flats on an unallocated basis;

          viii.        Provision of the public car park at basement level prior to the occupation of retail use commencing and the submission of a management plan including details of car park pricing;

             ix.        Provision of the cinema, ready for occupation, prior to occupation of the retail use;

              x.        Provision of the gym and crèche prior to occupation of the residential accommodation and the submission of a management plan including pricing;

             xi.        Implementation of a rolling programme of public art within the retail courtyard (provision of public art as part of the programme to a value of £740,000) and its on-going maintenance;

            xii.        Provision of measures to support employment , training and skills programmes;

          xiii.        Management of the shopping centre, including controls over the distribution of the Class A1 (70% of floorspace) and Class A3 (30% of floorspace) and to control further changes of use within the centre;

          xiv.        Management strategy for the hotel use, including servicing and guest drop off arrangements;

            xv.        Provision of lifetime (25 year) car club membership for each residential flat;

          xvi.        Provision of S106 agreement monitoring costs.

 

3.    If the deed of variation to the S106 legal agreement dated 27 April 2016 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.

 

4.    Grant conditional listed building consent.

 

5.    Agree reasons for granting conditional listed building consent as set out in Informative 1 of the draft decision letter.

 

6.    The Committee authorises the making of a draft order pursuant to Section 247 of the Town and Country Planning Act 1990 for the stopping up of the highway required to enable the development to take place.

 

7.    That officers be authorised to take all necessary procedural steps in conjunction with making of the stopping up order as proposed.

 

Amended Condition 24

 

Following amendment of the cycle parking to ensure the number of residential spaces proposed is compliant with the London Plan, Condition 24 has been amended to require their provision for the lifetime of the development.

 

You must provide cycle parking spaces in accordance with the approved drawings prior to occupation for the commercial and the residential uses. Thereafter the cycle spaces must be retained and the space used for no other purpose without the prior written consent of the local planning authority.

 

RESOLVED:

 

1.            It was considered that the height, bulk and massing of the rear part of the development had 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 neighbouring residents.

 

2.            That subject to the Committee’s agreement to 1. above, conditional planning permission be granted, subject to the amendments to the recommendations and to condition 24 as set out above and completion of a deed of variation to the Section 106 legal agreement dated 27 April 2016 to secure the following:

 

i.              A financial contribution of £6,000,000 (index linked and payable on commencement of development) towards public realm improvements to Queensway;

 

ii.            A financial contribution of £6,000,000 to the Affordable Housing Fund (index linked and payable on commencement of development);

 

iii.           Costs of all the highway works associated with the development including the Stopping Up Order and the dedication of land;

 

iv.           A financial contribution of £100,000 (index linked) towards improvements to play space in the vicinity of the development;

 

v.            Comply with the Construction Code of Practice, to provide a Site Environmental Management Plan prior to commencement of development and provide a financial contribution of £40,000 per annum during demolition and construction to fund the Environmental Inspectorate and monitoring by Environmental Sciences officers;

 

vi.           Provision of car parking for the residential flats on an unallocated basis;

 

vii.          Provision of the public car park at basement level prior to the occupation of retail use commencing and the submission of a management plan including details of car park pricing;

 

viii.        Provision of the cinema, ready for occupation, prior to occupation of the retail use;

 

ix.           Provision of the gym and crèche prior to occupation of the residential accommodation and the submission of a management plan including pricing;

 

x.            Implementation of a rolling programme of public art within the retail courtyard (provision of public art as part of the programme to a value of £740,000) and its on-going maintenance;

 

xi.           Provision of measures to support employment , training and skills programmes;

 

xii.          Management of the shopping centre, including controls over the distribution of the Class A1 (70% of floorspace) and Class A3 (30% of floorspace) and to control further changes of use within the centre;

 

xiii.        Management strategy for the hotel use, including servicing and guest drop off arrangements;

 

xiv.        Provision of lifetime (25 year) car club membership for each residential flat;

 

xv.          Provision of Section 106 agreement monitoring costs.

 

3.            That if the deed of variation to the Section 106 legal agreement dated 27 April 2016 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.

 

4.         That conditional listed building consent be granted.

 

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

 

6.         That the making of a draft order pursuant to Section 247 of the Town and Country Planning Act 1990 for the stopping up of the highway required to enable the development to take place be authorised.

 

7.         That officers be authorised to take all necessary procedural steps in conjunction with making of the stopping up order as proposed.

 

8.            That an informative be added encouraging the developer to come to party wall agreements with affected parties.