Agenda and minutes

To note any changes to the membership.

There were no changes.

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 Davis declared that any members of the Majority Party who had or would make representations on the applications on the agenda were his friends.  He also advised that in his capacity as Deputy Leader and Cabinet Member for Planning it was inevitable that part of his role that he gets to know, meet and talk to leading members of the planning and property industry including landowners and developers and their professional teams such as architects, surveyors, planning consultants, lawyers and public affairs advisers as well as residents, residents associations and amenity groups.  It was his practice to make such declarations.  He stated that it did not mean that they were his personal friends or that he had a pecuniary interest but that he had worked with them in his capacity as Cabinet Member for Planning.

2.2       He also explained that all four members of the committee are provided a week before the meeting with a full set of papers including a detailed officer’s report on each application together with bundles of every single letter or email received in respect of every application including all letters and emails containing objections or giving support.  Members of the committee read through everything in detail prior to the meeting – often taking a whole day over the weekend to do so.

2.3       Accordingly, if an issue or comment made by a correspondent is not specifically mentioned at the meeting in the officers presentation or by members of the committee, because of the need to get through a long agenda, it does not mean that members have ignored the issue as they will have read about it and comments made by correspondents in the papers read prior to the meeting.

2.4       Councillor Davis stated that in his capacity as Cabinet Member he knows a number of Planning Consultants in Westminster, some of whom were representing the applicants on a number of items of the agenda, including Four Communications, DP9, Savills and Gerald Eve.

2.5       Councillor Davis made the following declarations as they related to the specific applications on the agenda:

            Item 1:  He knew the Architect and Director of the agents, Gerald Eve. He also had meetings with the applicants.

            Item 2:  He knew Directors of the agents, Gerald Eve and Directors of the applicant, Derwent.  He also knew one of the applicants.

            Item 3: He knew Directors of the agents DP9 and Mr Jeremy King, the proposed operator.  He once knew a previous occupier of the property.

            Item 4: He knew Directors of the applicants, Land Securities.  He had attended a site visit and sat when the application had been considered previously.

            Items 5 and 6: He knew Directors of the agents, DP9 and the applicants Taylor Wimpey.  He had sat on the Committee before when one of these premises was considered.

            Item 7: The premises were in his ward and he knew the Architect.

            Item 8: He knew one of the objectors.

            Item 9: The application was in his ward  ...  view the full minutes text for item 2.

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

Applications for decision

Site 1. Demolition of all existing buildings and redevelopment to provide (i) a six storey building (plus three storey basement) on Grafton Street comprising dual/alternative retail, restaurant or office use (Class A1/A3/B1) at ground and basement level 1, car parking and plant installation at basement level 2 and office use (Class B1) at first - fifth floor levels with plant enclosure at rooftop level; (ii) an 11 storey (plus two storey basement) building on Barlow Place comprising car parking and residential storage at basement levels and dual/alternative retail or restaurant (Class A1/A3) use at ground floor, and  residential use (Class C3) at first - tenth floors containing 15 residential units. Creation of roof terraces and plant enclosure at roof level and balconies at all floor levels. Associated provision of open space and landscaping.

Site 2. Demolition of 12?13 Bruton Street and erection of an eight storey (plus basement) building comprising dual/alternative retail (Class A1) or restaurant use (Class A3) at ground floor level and office use (Class B1) at first to seventh floor levels. Provision of plant and cycle storage at basement level and plant and photovoltaic panels at seventh floor roof level.

Further representations from O&H Properties Ltd were circulated.

RESOLVED:

1.    That conditional permissions for Sites 1 and 2 be granted subject to an additional condition requiring the submission of a revised design of the western entrance to Grafton Street subject to a S106 legal agreement to secure:

·                Provision of £2,262,084 towards the City Council's affordable housing fund (index linked and payable upon commencement);

·                Provision of £1,576,860 towards Mayoral CIL/Crossrail SPG;

·                Provision of £397,916 towards public realm improvements in the vicinity of the sites;

·                No more than 9,123m2 of office floorspace to be occupied until the residential building at Nos.22-24 Bruton Lane is ready for occupation, unless otherwise agreed in writing with the Council;

·                Should the residential building at Nos.22-24 Bruton Lane not be ready for occupation when the occupied office floorspace exceeds 9,123m2, £335,000 is to be paid immediately to the affordable housing fund.  After 12 months, if the residential building is not ready for occupation, a further payment of £335,000 is to be made, and a payment of £335,000 is to be made thereafter every six months for five years until the residential building is ready for occupation.

·                The costs of monitoring the S106 agreement.

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

(a)     The Operational Director shall consider whether it would be possible and appropriate to issue the permissions with additional conditions attached to secure the benefits listed above. If so, the Operational Director is authorised to determine and issue such decisions under Delegated Powers; however, if not;

(b)      The Operational Director shall consider whether the permissions 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 Operational Director is authorised to determine the applications  ...  view the full minutes text for item 1.

Demolition of existing buildings and erection of replacement building comprising retail (Class A1) and / or cafe/restaurant (Class A3) at part ground and part basement floor levels; offices (Class B1) at part basement, part ground, and first to seventh floor levels (including roof terraces at front seventh floor level and at rear fourth floor level); and plant at roof level.

Further representations from Derwent were circulated.  Representations from Councillor Glanz, Tony Allen and Fitzrovia Neighbourhood Association were also circulated.

RESOLVED:

1.         That the Committee agrees that instead of on-site or off-site residential provision to match the increase in commercial floorspace at the site a financial contribution towards the City Council's affordable housing fund is acceptable.

2.         Subject to 1. above, that conditional permission be granted subject to a S106 legal agreement to secure:

·                     Provision of £2,050,000 towards the City Council's affordable housing fund (index linked and payable upon commencement);

·                     Provision of £221,624 towards Mayoral CIL/Crossrail SPG (index linked and payable upon commencement);

·                     Provision of £167,882 towards public realm in the vicinity of the site (index linked and payable upon commencement);

·                     Payment to Environmental Sciences and the Environmental Inspectorate during construction works for construction monitoring purposes;

·                     The costs of monitoring the S106 agreement.

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

a)         The Operational Director 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 Operational Director is authorised to determine and issue such a decision under Delegated Powers; however, if not;

            b)         The Operational Director 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 Operational Director is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

4.         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 that area of highway required to enable the development to take place.

5.         That the City Commissioner for Transportation be authorised to take all necessary procedural steps in conjunction with the making of the order and to make the order as proposed if there are no unresolved objections to the draft order.

6.         Noted that the approval of the Mayor for London is required.

Erection of rear extensions at first to fourth floor levels and a fifth floor roof extension in connection with use of the property as a hotel (Class C1), including an ancillary ground floor restaurant, lowering of basement floor slab, installation of plant within the basement and at fifth floor level, creation of a terrace at fifth floor level and green roof areas at fourth floor and main roof level.

RESOLVED:

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

i)              a financial contribution towards Crossrail;

ii)             a financial contribution of £1.2m towards the City Council's affordable                                housing fund (index linked and payable on commencement of development);

iii)            a financial contribution of £57,419 towards public realm improvements in the                     vicinity of the site;

iv)           S106 Monitoring contribution.

2.         That if the S106 legal agreement has not been completed within six weeks of the date of the Committee’s resolution then:

(a)        The Operational Director 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 Operational Director is authorised to determine and issue such a decision under Delegated Powers; however, if not;

            (b)        The Operational Director 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 Operational Director is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

Demolition of existing building and redevelopment comprising erection of a new six storey residential building plus basement level (Class C3) and three townhouses fronting Wilfred Street (Class C3) (31 units in total) including rooftop plant, cycle parking, waste store and plant, new access and servicing arrangements, hard and soft landscaping and other associated works.

Representation from AKA Planning, Rights of Light Consulting, Kerry Parker, 30 Buckingham Gate Ltd, Mrs and Mrs Chapman, K A Murray, A Billson and Mr and Mrs McNeish were circulated.

RESOLVED:

1.         That the Committee agrees that the applicant's revisions to the scheme are acceptable in the light of residents' concerns.

2.         That the Committee agrees that the applicant's viability case for paying a financial contribution of £1.625m towards affordable housing provision rather than £2.5m in addition to a S106 obligation to ensure that that all parking spaces at the site will be unallocated is unacceptable.  In the event that the applicant is not willing to make an affodable housing contribution of £2.5m and provide unallocated parking the application be reported back to the Committee.

3.         That subject to 1. and 2. above, conditional permission be granted subject to a S106 legal agreement to secure the following:

i)          A financial contribution towards affordable housing payable on commencement of development;

ii)         A parking mitigation payment of £12,000 index linked and payable on commencement of development;

iii)        Lifetime car club membership (25 years) for each residential unit;

iv)        The applicant to sign up to the Council's Code of Construction Practice and to pay up to £16,000 annually for cost of monitoring by Environmental Inspectorate and up to £8,040 annually for cost of monitoring by Environmental Sciences (index linked);

v)         Highway works to Wilfred Street as shown indicatively on drawing CL-DWG-023/B; and

vi)        S106 Monitoring contribution.

4.         That if the S106 legal agreement has not been completed within six weeks of the date of the Committee's resolution then:

(a)     The Operational Director 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 Operational Director is authorised to determine and issue such a decision under Delegated Powers; however, if not

(b)     The Operational Director 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 Operational Director is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

Demolition of existing buildings and erection of two replacement buildings comprising a part eight, part seven storey building and a five storey building to provide a total of 103 residential units above 308m2 commercial floorspace for either A1 (retail), A2 (financial and professional), A3 (restaurant), B1 (office) or D1 (non residential institution) at ground floor level on Monck Street, with associated basement to provide 56 residential car parking spaces and cycle parking spaces and mechanical plant.

Additional representations from: Michael Folger, John Sussens, Joanne Dobson, Ian Thomas, Fergus Coleman, DP9, Colin and Sarah Fletcher, Linda Hantrais, Matthias Johanson, Ian Murray, Mr and Mrs Ainsworth, Mr C Davies, Mr D Henderson, Oleg Mukhanov, Anne Cullis, John Owen, Sanjay Ghosh, Charles Findlay, John Tomkins, The Thorney Island Society.

Further representations from DP9, Upside Down London Ltd and Chris Dawes were tabled.

During the course of the presentation the presenting officer tabled the following amended recommendation:

Grant conditional permission subject to a S106 legal agreement to secure the following:

i)          Provision of 7 affordable rent units and 5 intermediate rent units with the option of converting up to three 3 affordable rent units into intermediate units.

ii)         Financial contribution of £525,000 towards the Council's affordable housing fund (index linked and payable on commencement of development).

iii)        A parking mitigation payment of £47,000 index linked and payable on commencement of development.

iv)        Lifetime car club membership (25 years) for each residential unit.

v)         Public realm payment of £30,000 index linked and payable on commencement of development.

vi)        Payment to St Andrew's Community Centre of £30,000 index linked and payable on commencement of development.

vii)       Education payment £153,038 index linked and payable on commencement of development.

viii)       The applicant to sign up to the Council's Code of Construction Practice and to pay up to £18,000pa annually for cost of monitoring by Environment Inspectorate and up to £8,040 annually for cost of monitoring by Environmental Sciences. (index linked)

ix)        Unallocated car parking.

x)         Cost of monitoring each planning obligation.

Members also agreed:

·                  To accept the offer of £30k towards St Matthews Primary School – to be added to the Section 106 Agreement.

·                  A condition retaining the storage areas in perpetuity.

·                  Unallocated parking.

·                  No demolition working on Saturdays.

·                  A construction management plan.

3.         That if the S106 legal agreement has not been completed within six weeks of the date of the Committee's resolution then:

            (a)        The Operational Director 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 Strategic Director is authorised to determine and issue such a decision under Delegated Powers; however, if not

            (b)        The Operational Director 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 Strategic Director is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

RESOLVED:

1.               That conditional permission  ...  view the full minutes text for item 5.

Demolition of existing buildings and erection of two replacement buildings comprising of eight storeys to provide a total of 51 residential units above 348m2 commercial floorspace at ground floor level on Monck Street for either A1 (retail), A2 (financial and professional), A3 (restaurant), B1 (office) or D1 (non residential institution) with associated basement to provide 25 car parking spaces, 102 residential cycle parking spaces, commercial cycle parking spaces and mechanical  plant together with associated works including landscaping.

During the course of the presentation the presenting officer tabled the following revised recommendation:

Revised recommendation

1.         That the committee agree that the non-provision of affordable housing is acceptable given the circumstances of the case.

2.         Subject to 1. above, grant conditional permission subject to a s106 legal agreement           to secure the following:

i)          a parking mitigation payment of £26,000 index linked and payable on                                  commencement of development.

ii)         lifetime car club membership (25 years) for each residential unit.

iii)         public realm payment of £30,000 index linked and payable on commencement of development.

iv)        payment to St Andrew's Youth Club of £30,000 index linked and payable on                        commencement of development.

v)         education payment £70,098 index linked and payable on commencement of development.

vi)        the applicant to sign up to the council's code of construction practice and to pay up to £18,000pa annually for cost of monitoring by environment inspectorate and up to £8,040 annually for cost of monitoring by Environmental Sciences. (index linked). 

            vii)       unallocated parking.   

            viii)       cost of monitoring each planning obligation.

            ix)        a contribution of £30,000 to St Matthews Primary School.

            Members also agreed:

·                  To accept the offer of £30k towards St Matthews Primary School – to be added to the        Section 106 agreement.

·                  A condition retaining the storage areas in perpetuity.

·                  Unallocated parking.

·                  No demolition working on Saturdays.

3.         Thatif the s106 legal agreement has not been completed within six weeks of the date        of the committee's resolution then:

            (a)        the Operational Director 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 Operational Director is authorised to determine and issue such a decision under delegated powers; however, if not

            (b)        the Operational Director 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 Operational Director is authorised to determine the application and agree appropriate reasons for refusal under delegated powers.

RESOLVED:

That the revised recommendations set out above and tabled at the meeting be agreed.

Use as a single family dwellinghouse (Class C3), installation of replacement windows, formation of terrace at rear second floor level, infill extension within the rear lightwell, erection of new gates to parking area and installation of mechanical plant at lower ground floor level and associated external alterations. Use of part of Craven Hill Gardens Square adjacent to side elevation as private external amenity space for occupiers of the dwellinghouse and erection of new boundary treatment around private external amenity space.

Representations from Highways Planning and Savills were circulated.  A representation from SEBRA was tabled.

RESOLVED:

1.         That the Committee consider that the loss of an area of open space within Craven Hill Gardens Square to provide a private garden ancillary to the proposed dwellinghouse at No.17 Craven Hill Gardens is acceptable in land use terms?

2.         Subject to 1 above, that conditional permission be granted, subject to completion of a legal agreement to secure the following:

(a)        Provision of access for residents of Craven Hill Gardens in perpetuity to the parts of the Garden Square that do not comprise the private external amenity space ancillary to the new dwellinghouse.

(b)        Removal of the previous rights associated with No.17 Craven Hill Gardens to permit the holding of tented functions and other events within the Garden Square.

3.         If the S106 planning obligation has not been completed by 14 January 2015 then:

(a)        The Operational Director 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 Operational Director is authorised to determine and issue such a decision under Delegated Powers; however, if not;

(b)        The Operational Director 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 Operational Director is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

Erection of mansard roof extension with pitched end elevations and dormer windows to front (south west) elevation and dormer doors with Juliet balcony to (south east) elevation to enlarge existing dwellinghouse.

A representation from Mr Ralph Elman was circulated.  A representation from Clifford Rance was tabled.

RESOLVED:

1.            That the Committee agree that the amended form and reduced bulk of the mansard roof extension and the installation of obscure glazing in the dormer window adjacent to the boundary with the rear garden of No.7 Langford Place overcome the grounds for refusing permission for a mansard roof extension on 30 August 2013 (RN: 12/08602/FULL).

2.         That subject to 1. above, that conditional permission be granted.

Demolition of existing boundary wall and erection of new boundary wall between Queensborough Mews and Queensborough Terrace (to the front of Nos. 3-5 Queensborough Mews).

Further representations from SEBRA and Councillor Smith were tabled.

RESOLVED:

That conditional permission be refused on the grounds height location to the road would be harmful to this part of the conservation area.