Agenda item

Demolition of existing buildings on site and redevelopment to provide up to 30 residential units (Class C3), office floorspace (Class B1), gymnasium (Class D2), retail art gallery (Class A1), restaurant (Class A3) and retail (Class A1) floorspace; creation of a new pedestrian link through the site between Yarmouth Place and Carrington Street; erection of two buildings either side of the new pedestrian link between 4 and 8 storeys in height; excavation to create additional basement accommodation; provision of on-site car parking, cycle parking and delivery bay on Yarmouth Place; new landscaping including improvement works to Yarmouth Place; associated alterations.

Additional representations were tabled from Martin Spann.

During the course of the presentation the presenting officer tabled the following additional conditions:

Revised recommendation

As per the report, but with an additional and an amended clause to the Heads of Terms of S106 to include:

-           Parking Management Plan to include how the automatic system, valet             parking and car lift management will operate and lift maintenance;

-           Walkways agreement to allow public access to the privately owned street linking Yarmouth Place and Carrington Street, to include provision and future access to the pedestrian lift, prior to the opening of the walkway

Revised Condition 12

If you provide a bar and bar seating within the restaurant use, it must not take up more than 15% of the floor area of the property, or more than 15% of each unit if you let the property as more than one unit. You must use the bar to serve restaurant customers only, before, during or after their meals.

Revised Condition 13

You must not allow more than 125 customers into the restaurant at any one time. 

Revised Condition 15

You must submit detailed drawings showing the layout of the restaurant use before the restaurant is occupied. The drawings must include, entrances, kitchen, covers and bar areas. You must then carry out the restaurant use in accordance with these details.

Revised Condition 16

You must provide detailed drawings (plans and section/elevation) showing the full height kitchen extract duct. These details must be provided before the restaurant use commences and the approved duct shall be installed and thereafter be permanently retained for as long as the restaurant is in use.

Revised Condition 17

You must apply to us for approval of a management plan to show how you will prevent customers who are leaving the restaurant from causing nuisance for people in the area, including people who live in nearby buildings. You must not start the restaurant use until we have approved what you have sent us. You must then carry out the measures included in the management plan at all times that the restaurant is in use.

Revised Condition 22

No goods, including fuel, delivered or collected by vehicles arriving at or departing from the building shall be accepted or despatched if unloaded or loaded on the public highway. You may accept or despatch such goods only if they are unloaded or loaded within the curtilage of the building.  Other than in connection with the retail art gallery, and only in connection with the art gallery.

Note: This will allow unloading of large items for the art gallery from the new street (which is not public highway)

Revised Condition 35

You must not use the any roof (at first, second, third, fourth, fifth) of the office building to the west of the site for sitting out or for any other purpose. You can however use the roof to escape in an emergency.

Note: The terrace at fifth floor level to the front of the office building and is considered acceptable.

Revised Condition 43

All vehicles must enter and exit the site in forward gear from the loading bay and car park.

New Condition 44

You must not sell any take-away food or drink from the restaurant use, even as an ancillary part of the Class A3 use.

New Condition 45

The floorspace identified as 'retail art gallery' on the approved drawings shall only be used for that purpose and not as a foodstore(s) or supermarket(s).

RESOLVED:

1.            That conditional permission be granted, subject to a S106 legal agreement to secure the following and the amended conditions tabled at the meeting and set out above;

(a)       A financial contribution of £2,320,551 (index linked) towards the     affordable housing fund, payable on commencement of development.

(b)       Crossrail payment (currently calculated at £460,795.30 but will be reduced to approximately £0 following offset against Mayoral CIL as allowed by the SPG).

(c)        Walkways agreement to allow public access to the privately owned street linking Yarmouth Place and Carrington Street, to include provision and future access to the pedestrian lift, prior to the opening of the walkway

(d)       Highways works including provision of a footway linking the footway on Brick Street with the new street, tying in the new street with Carrington Street and Brick Street and resurfacing of Yarmouth Place.

(e)       Parking Management Plan to include how the automatic system, valet             parking and car lift management will operate and lift maintenance;

(f)        S106 monitoring costs.

2.            That if the S106 legal agreements has not been completed within six weeks of the date of the Committee resolution, 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 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 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.

Councillor David Boothroyd asked that his dissent be recorded.