Agenda and minutes

To note any changes to the membership.

1.1       There were no changes to the membership.

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 Tony Devenish explained that a week before the meeting, all four Members of the Committee were provided with a full set of papers including a detailed officer’s report on each application; together with bundles of every single letter or e-mail received in respect of every application, including all letters and e-mails containing objections or giving support. Members of the Committee read through everything in detail prior to the meeting.  Accordingly, if an issue or comment made by a correspondent was not specifically mentioned at this meeting in the officers’ presentation or by Members of the Committee, it did not mean that the issue had been ignored.  Members will have read about the issue and comments made by correspondents in the papers read prior to the meeting.

2.2       Councillor Susie Burbridge declared that in respect of item 2, the application site is in her Ward.

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

3.1       RESOLVED:

That the minutes of the meeting held on 12 March 2019 be signed by the Chairman as a correct record of proceedings.

Applications for decision

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  ...  view the full minutes text for item 1.

Erection of two rear dormer windows.

Late representations were received from Councillor Andrew Smith, Ward Member (01.04.2019), Sarah Joiner (01.04.2019) and the South East Bayswater Residents’ Association (02.04.2019).

Sarah Joiner addressed the Sub-Committee in objecting to the application.

Councillor Margot Bright addressed the Sub-Committee in her capacity as a Ward Member in objecting to the application.

RESOLVED UNANIMOUSLY:

That the application be refused on the grounds of overlooking and the size and design of the two rear dormer windows.

Use of part ground and basement floors as drinking establishment (Class A4).

An additional representation was received from Shaftesbury PLC (27.03.2019).

A late representation was received from BA Law Limited (01.04.2019).

RESOLVED UNANIMOUSLY:

That conditional permission be granted.

Erection of a two-storey rear infill extension at basement and ground floor levels; alterations to the existing railings at roof level; and installation of replacement of windows, including formation of a bay window at basement level.

An additional representation was received from a local resident (27.03.2019).

A late representation was received from John Simpson Architects (01.04.2019).

Emma Hynes addressed the Sub-Committee in objecting to the application.

RESOLVED (Councillors Devenish, Burbridge and Freeman in favour and Councillor Roca for deferral for a site visit):

That conditional permission be granted, subject to an additional condition requiring the bottom pane kitchen windows to be obscurely glazed and fixed shut.

1. Installation of an extractor fan in bathroom window at fifth floor.

2. Installation of an extractor fan in bathroom window at fifth floor and installation of level access shower.

RESOLVED UNANIMOUSLY:

1.            That conditional permission be granted.

2.            That conditional listed building consent be granted.

Display of non-illuminated suspended kinetic display measuring 45 m x 17 m above Regent Street, at junction of Glasshouse Street / Vigo Street / Regent Street for a temporary period from 14 May until 9 June 2019.

Application withdrawn by the applicant.

Demolition of existing boundary railings and the erection of replacement 2.5 m railings to Outer Circle.

Additional representations were received from the Highways Planning Manager (22.03.2019) and the Head of Arboricultural Services (20.03.2019).

The presenting officer tabled the following amendment to condition 4 and additional informative 4:

Amended Condition 4

Notwithstanding Tree Report 170106 PD 11 Rev.B dated March 2019, you must apply to us for approval of a revised method statement explaining the measures you will take to protect the trees on and close to the site. You must not start any demolition, site clearance or building work, and you must not take any equipment, machinery or materials for the development onto the site, until we have approved in writing what you have sent us. You must then carry out the work according to the approved details.

Additional Informative 4

You are advised that the amended tree protection measures required by Condition 4 should ensure that it consistently confirms that ‘no roots of 25mm or more, clusters of smaller diameter roots will be severed without prior notification to the City Council under the terms of section 211 of the Town and Country Planning Act 1990’. Note that at 8.11 the Revision B version of the tree report still refers to ‘No tree roots exceeding 50mm in diameter will be severed, without prior agreement of the Local Planning Authority'. You should also reinstate the references to arboricultural supervision, which have been omitted from the Revision B version of the tree report. You should contact the Head of Arboricultural Services, Barbara Milne on 020 7641 2922 if you require further assistance with the amendments required to satisfy Condition 4.

RESOLVED UNANIMOUSLY:

1.            That conditional permission be granted, subject to an amended condition 4 and an additional informative 4 as set out above.

2.         That conditional listed building consent be granted.

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

1)        Alterations to the shopfront facing Kingly Court in connection with continued use of part of the ground floor as retail (Class A1) or dual/alternative use as either a restaurant/cafe (Class A3) or drinking establishment (Class A4).

2)        Alterations including a new entrance door and full height extract duct in connection with the continued use of the basement as retail (Class A1) or dual/alternative use as either a restaurant/cafe (Class A3) or drinking establishment (Class A4) or night-club use / live performance venue (Sui Generis).

Late representations were received from The Soho Society (25.03.2019) and Shaftesbury (27.03.2019).

The presenting officer tabled the following decision letters:

Application 1:

Use of lower ground and ground floor as an Estate Office and key storage facility (Sui Generis) for temporary period of 3 years.

RESOLVED UNANIMOUSLY:

That conditional permission be granted for a temporary period until 30 April 2022.