Decision details

Variation of Condition 1 of planning permission dated 15 November 2016 (RN: 16/07359/FULL) for demolition of existing buildings and redevelopment of the site to provide a 6 storey (plus existing lower ground floor) 'L' shaped building, including terraces, a plant room, a green roof and solar panels at roof level to comprise 2 x A1 (retail shops) units and 1 x flexible A1 (retail shop) / A2 (financial and professional services) / A3 (cafe and restaurant) unit at ground floor level and B1 (office) floor space at part ground and all upper stories, erection of 7 residential townhouses, incorporating concealed roof terraces and landscaped areas to the front on Chilworth Mews. AMENDMENTS NAMELY, to provide an additional floor of Class B1 office accommodation beyond the approved; alterations to the proposed massing, terraces, green roof, solar panels and external facades; minor internal reconfiguration of the proposed retail (A1/A2/A3) and office (B1) floorplates including ancillary spaces.

Late representations were received from the South East Bayswater Residents’ Association (26.03.2019, 01.04.2019, and 02.04.2019), Gerald Eve (28.03.2019 and 02.04.2019), two local residents (31.03.2019, 31.03.2019 and 01.04.2019) and Kanda Consulting (11.03.2019, 26.03.2019 and 31.03.2019).

The presenting officer tabled the following amendment to condition 28:

Amended Condition 28

The design and structure of the development shall be of such a standard that it will protect residents within it from existing external noise so that they are not exposed to levels indoors of more than 35 dB LAeq 16 hrs daytime and of more than 30 dB LAeq 8 hrs in bedrooms at night.

Mark Younger addressed the Sub-Committee in support of the application.

RESOLVED UNANIMOUSLY:

1.            That conditional permission be granted, subject to an amendment to condition 28 as set out above, an additional condition preventing the use of the retail floorspace by a supermarket and to a Deed of Variation of the original Section 106 legal agreement dated 2 January 2019 to secure the following planning obligations:

a)            Obligations set out in the original legal agreement:

i)             Provision of car parking on an unallocated basis.

ii)            ii) Highways works surrounding the site necessary for the development to occur, including vehicle crossovers, changes to on-street restrictions and footway repaving.

iii)           Employment and Training Strategy for the construction and operational phases of the development.

iv)           Crossrail planning obligation

b)        Additional obligations:

i)             A financial contribution of £200,437 to the Affordable Housing Fund to offset shortfall in residential floor space on the site.

ii)            A financial contribution of £22,515 to the Carbon Off-Set Fund to offset the shortfall in onsite carbon reduction.

2.         That if the Deed of Variation has not been completed within 3 months from the date of the Committee's resolution then:

a)    The Executive Director for Growth Planning and Housing shall consider whether the permission can be issued with additional conditions attached to secure the benefits listed above. If this is possible and appropriate, the Executive Director for Growth Planning and Housing is authorised to determine and issue such a decision under Delegated Powers; however, if not

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