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Agenda and minutes

Venue: Rooms 5, 6 & 7 - 17th Floor, Westminster City Hall, 64 Victoria Street, London, SW1E 6 QP. View directions

Contact: Tristan Fieldsend, Committee and Governance Officer  Tel: 020 7641 2341; Email:  tfieldsend@westminster.gov.uk

Items
No. Item

1.

Membership

To note any changes to the membership.

Minutes:

1.1       There were no changes to the membership.

2.

Declarations of Interest

To receive declarations by members and officers of the existence and nature of any personal or prejudicial interests in matters on this agenda.

Minutes:

2.1      Councillor Robert 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 and part of his role that he got 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      Councillor Davis explained that all four Members of the Committee were 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 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 the meeting in the officers presentation or by Members of the Committee, because of the need to get through a long agenda, it did not mean that Members had ignored the issue as they will have read about it and comments made by correspondents in the papers read prior to the meeting.

 

2.3      Councillor Davis also declared that in his capacity as the Cabinet Member for the Built Environment with specific responsibility for planning he regularly meets with developers as part of the City Council’s pre-application engagement with applicants. This was wholly in accordance with normal protocols and the terms set out in the Localism Act 2011 and as amplified in the Communities and Local Government Act Guidance document “A Plain English Guide to the Localism Act”. Councillor Davis added that the meetings held with applicants and in some case objectors too were without prejudice and all parties were advised that a final formal decision was only taken when all the facts were before him and his Committee through the normal planning application process.

 

2.4      Councillor Davis wished to declare that in his capacity as Cabinet Member he knew a number of the directors of planning consultancy companies in Westminster. The planning consultancy companies were representing the applicants on a number of items on the current agenda, including Four Communications, Belgrave, DP9, Savills, Gerald Eve and Rolfe Judd.

 

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

 

            Item 1: That he knew the directors of Grosvenor Estate and had received hospitality from them on previous occasions and knew the directors of Gerald Eve.

 

Item 2: That  ...  view the full minutes text for item 2.

3.

Minutes

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

Minutes:

3.1       RESOLVED:

 

That the Minutes of the meeting held on 13 September 2016 be signed by the Chairman as a correct record of proceedings.

4.

Planning Applications

Applications for decision

1.

Shop At 61-63 Pimlico Road, London, SW1W 8NE pdf icon PDF 365 KB

Minutes:

Lawful development certificate to demonstrate that the lawful use of the site is as a sui generis timber yard with ancillary showroom and trade counter.

 

Late representations were received from Trevor Goode on behalf of Ashurst (18.10.2016), Quod (14.10.2016), Travis Perkins (14.10.2016) and The Belgravia Society (18.10.2016).

 

Councillor Jason Williams addressed the Committee in his capacity as a Ward Councillor.

 

The presenting officer tabled the following amendment to recommended reason for refusal:

 

Insufficient evidence has been submitted to demonstrate that, on balance of probability, the use of 61-63 Pimlico Road has been as a sui generis timber yard with ancillary showroom and trade counter continuously for ten or more years prior to the date of receipt of the application.

 

RESOLVED:

 

That a Lawful Development Certificate be refused on the grounds that insufficient evidence has been submitted to demonstrate that, on balance of probability, the use of 61-63 Pimlico Road has been as a sui generis timber yard with ancillary showroom and trade counter continuously for ten or more years prior to the date of receipt of the application.

2.

Site At 41, 43, 57, 59, 61 And 63 Pimlico Road, London, SW1W 8NE pdf icon PDF 4 MB

Minutes:

Demolition and reconstruction behind a retained front facade of 41, 43, 57, 59 and 63 Pimlico Road including the realignment of the rear elevation, the installation of new roof structures to match the existing, and the creation of external terraces; demolition of 61 Pimlico Road (the element directly fronting onto Pimlico Road) and construction of infill accommodation at ground, first, second and third floors; replacement of shopfronts to 41, 43, 57, 59 and 63 Pimlico Road; retention and sub-division of the builders' yard at 61 Pimlico Road (behind the frontage to Pimlico Road), installation of a partial mezzanine floor and creation of lateral connections at ground floor level to 41, 43, 57 and 59 Pimlico Road; replacement of the builders' yard glazed roof lantern; creation of roof level plant enclosure above part of the builders' yard; creation of 4no. Class A1 retail units at basement, ground and mezzanine level, with 7no. Class C3 residential dwellings at the first, second and third floor levels

(with ground floor access); sub-surface excavation including lowering of ground floor slabs and the creation of additional basement accommodation; together with other external alterations.

 

Additional representations were received from Councillor Jacqui Wilkinson (writing in as a resident, 11.10.2016), Grosvenor (undated), Tommaso Franzolini (12.10.2016), The Belgravia Society (10.10.2016. 27.06.2016, 22.09.016)), Gerald Eve (27.06.2016), The Victorian Society (12.10.2016), C L Manton (27.05.2016), Sarah Paterson (07.06.2016), Patrick Jefferson (02.07.2016), Craig Carrington (27.07.2016), Rosie Uniacke (02.09.2016), George Donath (09.09.2016), Luke Irwin (07.10.2016), Rosalyn Wilkinson (03.10.2016), David Ewen (05.10.2016), Paulo Moschino (11.10.2016), Nick Moore (11.10.2016), GJA Tobin (11.10.2016), Nimrita Datwani (07.10.2016), Jane Enright (03.10.2016), Hugo Portuondo and Diego Portunondo (10.10.2016), Lucy Ramsey (10.10.2016), Graham Huntley (10.10.2016), Lois Pelham-Lane (10.10.2016), Toby Francis-Bromley (10.10.2016), Jane Butcher (10.10.2016), Pimlico Road Association (10.10.2016), Sally Hinton (11.10.2016), John Hackman (11.10.2016), Robert Cassels (12.10.2016), Alex Robinson (12.10.2016), Marcos Pierotti (12.10.2016), Anthony James (12.10.2016), Joanna Staughton (12.10.2016), Christina Freyberg (12.10.2016), Mark Connor (13.10.2016), Joanna Clarke (13.10.2016), Sarah Ford (13.10.2016), John Kite (13.10.2016), Sunil Chuni (13.10.2016) and Sarah Fenton (14.10.2016).

 

Late representations were received from Rashim Arora (16.10.2016), Alan Smith (17.10.2016), Rebecca Simmonds (17.10.2016), Vladka Ryzlerova (17.10.2016), Peter Borthwick (17.10.2016), Wyn Morgan (17.10.2016), Thomas Oates (17.10.2016), Caroline Colvin (17.10.2016), G J A Tobin (12.10.2016) and The Belgravia Society (18.10.2016).

 

A petition submitted by the Pimlico Road Campaign Team containing 1,235 signatures and 345 questionnaires from local addresses that were not in the original report were also received and made available to the Committee prior to the meeting.

 

Councillor Jason Williams addressed the Committee in his capacity as a Ward Councillor in objecting to the application.

 

RESOLVED:

 

1.         That conditional permission be granted, subject to a Section 106 legal agreement to secure the following:

 

i.              All highway works surrounding the site required for the development to occur including changes to on-street restrictions and footway repaving to Pimlico Road, all costs to be borne by the applicant; and

 

ii.            Lifetime (25 years) car club membership for the occupiers of each residential unit.

 

2.         That if the Section 106 legal agreement has  ...  view the full minutes text for item 2.

3.

141 Harley Street, London, W1G 6BQ pdf icon PDF 1 MB

Minutes:

Demolition of mews buildings at 28 and 29 Devonshire Mews West and lower ground and ground floor link building at the rear of 141 Harley Street and the erection of new building to include a three storey basement to the rear of the site in connection with the use of the 141 Harley Street and the lower ground and ground floor of 143 Harley Street for Class D1 medical purposes; installation of a new passenger lift to the rear of 141 Harley Street and installation of plant. (Site includes excavation part way under the pavement of Devonshire Mews West and use swap with 126 Harley Street).

 

Additional representations were received from Councillor Paul Dimoldenberg (12.10.2016) and Nick Campsie (12.10.2016 and 14.10.2016).

 

Late representations were received from Councillors Iain Bott, Karen Scarborough and Ian Rowley (15.10.2016) and Howard de Walden Estate (14.10.2016).

 

The presenting officer tabled the following amendment to condition 9:

 

The design and structure of the development shall be of such a standard that it will protect residents within the same building or in adjoining buildings from noise and vibration from the development, so that they are not exposed to noise levels indoors of more than 35 dB LAeq 16 hrs daytime and of more than 30 dB LAeq 8 hrs in bedrooms at night. Particular attention shall be given to the issues of low frequency noise and vibration through structure-borne pathways and the design and mitigation shall also ensure that room modes (standing waves) are not created within neighbouring residential dwellings as a result of low frequency noise from the substation.

 

RESOLVED:

 

1.         That it be agreed that the proposal’s potential to complement and enhance the character and function of the Harley Street Special Policy Area justifies an exception being made to the limits on depth and projection under the highway set out in the basement policy.

 

2.         That Subject to 1. above, that conditional permission be granted, subject to an amendment to condition 9 as set out above and a Section 106 legal agreement to secure the following:

 

i)             Works shall not commence on site until planning permission has been secured to replace the shortfall in residential floorspace (minimum 215.6 sqm GEA) at an alternative site, as part of the overall land use package including the current application site and 126 Harley Street;

 

ii)             The medical use hereby approved shall not be occupied until the shortfall in new/additional residential floorspace has been provided at an alternative site and been made ready for occupation. 

 

3.         That if the Section 106 legal agreement 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  ...  view the full minutes text for item 3.

4.

204A Great Portland Street, London, W1W 5NP pdf icon PDF 2 MB

Minutes:

Demolition of existing building and redevelopment to comprise, two basement levels, ground and first to eighth floor levels. Use of part basement and ground floors as dual alternative retail (Class A1) or restaurant (Class A3) and the remainder of the property as residential accommodation providing 31 flats and ancillary car and cycle parking. Creation of balconies and terraces at the first to eighth floor levels and installation of photovoltaic cells and a green roof at main roof level.

 

Additional representations were received from Michael Keaveny on behalf of Ridgeford Developments Ltd (12.10.2016) and Stephenson Harwood (12.10.2016).

 

RESOLVED:

 

1.         That conditional permission be granted, subject to a Section 106 legal agreement to secure:

 

a) Highways works around the site to facilitate the development (including the creation of a new crossover), all costs to be borne by the applicant;

 

b) Replacement of any trees on the public highway on Great Portland Street, Carburton Street and Bolsover Street which need to be removed to facilitate the development;

 

c) A Car Lift Management and Maintenance Plan;

 

d) Unallocated residential parking available to all residents of the development without restriction;

 

e) Life time car club membership in association with each of the new flats (minimum 25 years);

 

f) Monitoring costs.

 

2.         That if the Section 106 legal agreement has not been completed within six weeks of the date of this resolution, then:

 

a) The Director of Planning 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 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 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 Director of Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

5.

The Wellington Building, 28-32 Wellington Road, London, NW8 9SP pdf icon PDF 2 MB

Minutes:

Demolition of existing building and erection of a new 6 storey, plus basement building with frontages to Wellington Street and Cochrane Street to provide 36 units for a dual/ alternative use as residential flats (Class C3) or serviced apartments (Sui Generis), with car and cycle parking at basement level and new landscaping.

 

An additional representation was received from Parvis Khaneghah on behalf of Roxburgh Overseas Limited (12.10.2016).

 

Late representations were received from DP9 (17.10.2016), Zoe Bristol (18.10.2016) and Councillor Robert Rigby (18.10.2016).

 

RESOLVED:

 

1.         The financial contribution should be raised to £5,500,000 in lieu of on-site affordable housing provision, having regard to the particular site specific circumstances in this case.

 

2.         That conditional permission be granted, subject to the building only being used for one of the two approved uses and not a combination of the two, and completion of a legal agreement to secure the following:

 

i.          A financial contribution of £5,500,000 to the Affordable Housing Fund (index linked and payable prior to commencement of development).

 

ii.         A management plan to demonstrate that those units within the development used as serviced apartments providing short term visitor accommodation are used only by patients of hospitals in the vicinity of the site and their family members and/ or carers that are staying with them whilst they receive treatment.

 

iii.        Highway works in Wellington Road and Cochrane Street to form vehicular access to the site and amend the layout of the public highway to reflect the proposed development (appropriate arrangements to be agreed prior to commencement and highway works to be carried out prior to occupation at the applicant's expense).

 

iv.        Submission of a Site Environmental Management Plan (SEMP) and provision of a financial contribution of £28,000pa during the construction period to the Environmental Inspectorate to ensure compliance with the Code of Construction Practice.

 

v.         Provision and management of on-site residents car parking, including the making available of parking spaces to all occupiers of the building on an 'un-allocated' basis without restriction.

 

vi.        Provision of costs for monitoring of agreement (£500 per Head of Term).

 

3.         That if the Section 106 planning obligation has not been completed within six weeks of the date of this 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 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.

6.

34 Circus Road, London, NW8 9SG pdf icon PDF 2 MB

Minutes:

Demolition of the existing buildings on site and erection of a part 3 and part 4 storey building incorporating a partial basement to form an independent medical diagnostic and outpatient centre associated with the Wellington Hospital. The building provides for up to 48 new consultant rooms, 13 treatment rooms and associated diagnostic facilities (Class D1) and a cafe. Refuse storage is proposed at ground level, and an enclosed rooftop plant room is set back from the fourth floor.

 

A late representation was received from Stanley Sebba on behalf of Standrop Ltd (18.10.2016).

 

RESOLVED:

 

1.         That conditional permission be granted, subject to a Section 106 agreement to secure:

 

a) Compliance with the Council's Code of Construction Practice and a contribution of £32,000 per annum during the period of construction towards the Environmental Inspectorate and Environmental Sciences to allow for monitoring during construction;

 

b) A carbon offset payment of £40,875 (index linked and payable on commencement of development); and

 

c) Payment of cost of monitoring the agreement.

 

2.         That if the Section 106 legal agreement has not been completed within six weeks of the date of this meeting:

 

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.

7.

29-35 Rathbone Street, London, W1T 1NJ pdf icon PDF 2 MB

Minutes:

Alterations and extensions at basement, rear and roof level and partial change of use to provide a gym (Class D2) at basement, restaurant (Class A3) at ground floor and offices (Class B1) at first to third floor and fourth floor mezzanine with terraces, and installation of plant at third floor.

 

An additional representation was received from Richard Paice on behalf of I.S.A Holdings Ltd (12.10.2016).

 

RESOLVED:

 

That the Committee considered that the design is appropriate and would not harm the appearance of the building or the area generally and that permission therefore be granted, subject to conditions to be settled under delegated powers by officers by officers in consultation with the Chairman, including a condition that the external terraces can only be used from 09:00 to 19:00 Monday to Friday and not at any time on Saturday and Sunday and a condition limiting the size of the bar in relation to the restaurant.

8.

4 - 6 St Edmund's Terrace, London, NW8 7QP pdf icon PDF 2 MB

Minutes:

Demolition of the existing buildings and redevelopment of the site to provide a six storey building comprising 9 self-contained apartments, basement level car parking, the provision of internal plant, cycle, refuse and recycling storage and the provision of roof level photovoltaic panels and brown roofs.

 

An additional representation was received from Gary Linton (12.10.2016 and 13.10.2016).

 

A late representation was received from Councillor Robert Rigby (16.10.2016).

 

The presenting officer tabled to the following revision of the description of the development and revision to the recommendation:

 

Revision of description

 

Demolition of the existing buildings and redevelopment of the site to provide a six storey building comprising 9 self-contained apartments, single storey basement level car parking, the provision of internal plant, cycle, refuse and recycling storage and the provision of roof level photovoltaic panels and green and sedum roofs.

 

Revision of recommendation

 

Grant conditional permission, subject to a Section 106 legal agreement to secure:

 

a) Car lift, sliding palette system and turntable maintenance plan;

 

b) Highway Alterations including reinstatement of redundant vehicle crossovers (or portion of), new vehicle crossovers and associated work (legal, administrative and physical), all costs to be borne by the applicant;

 

c) Provision of 8 unallocated off street parking spaces for the development within basement to be made available to all residents of the development on an unallocated basis without restriction;

     and

 

d) The costs of monitoring the Section 106 legal agreement.

 

RESOLVED:

 

1.         That conditional permission be granted, subject to a condition with regard to the redesign and materials to be used for the metal entrance and roof to be settled under delegated powers by officers in consultation with the Chairman, and a Section 106 legal agreement to secure:

 

a) Car lift, sliding palette system and turntable maintenance plan;

 

b) Highway Alterations including reinstatement of redundant vehicle crossovers (or portion of), new vehicle crossovers and associated work (legal, administrative and physical), all costs to be borne by the applicant;

 

c) Provision of 8 unallocated off street parking spaces for the development within basement to be made available to all residents of the development on an unallocated basis without restriction;

     and

 

d) The costs of monitoring the Section 106 legal agreement.

 

2.         That if within six weeks of the resolution to grant conditional permission the Section 106 planning obligation has not been completed or there is no immediate prospect of the planning obligation being completed, then:

 

a) The Director of Planning shall consider whether it would be possible and appropriate to issue 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 it has not proved possible to complete a Section 106 planning obligation within an appropriate timescale, and that the proposal is unacceptable in the absence of the benefits which would have been secured; if so, the Director of Planning  ...  view the full minutes text for item 8.

9.

3 Strutton Ground, London, SW1P 2HX pdf icon PDF 418 KB

Minutes:

Demolition of existing building and erection of an eight storey building over basement providing six residential flats (Class C3) on the upper floors and a retail unit (Class A1) at ground and basement levels including associated plant at basement, ground and sixth floor levels, roof terraces at sixth and seventh floor levels and PV panels at roof level.

 

RESOLVED:

 

That conditional permission be granted.

10.

7-10 Dean's Mews, London, W1G 9EF pdf icon PDF 742 KB

Minutes:

Demolition and redevelopment to provide four dwellings including external terraces on the western elevation to two dwellings (No. 7 and 8) and the installation of 8 air conditioning units (2 units per dwelling).

 

Additional representations were received from Councillor Glenys Roberts (08.10.2016), Dickson Cheung (07.10.2016), Simon Garnham (11.10.2016), Councillor Paul Church (12.10.2016) and Dr D H Rushton and Mrs K E Rushton (07.10.2016).

 

Late representations were received from Councillor Ian Bott (as a local resident, 15.10.2016) and The King’s Fund (17.10.2016).

 

The presenting officer tabled the following revised recommendation and revised condition 19:

 

Revised recommendation

 

Grant planning permission subject to no substantive issues being raised before the expiry of the consultation period on 4 November 2016.

 

Revised condition

 

19.       All roofs shall be finished in natural blue-grey slate.

 

RESOLVED:

 

That conditional permission be granted, subject to no substantive issues being raised before the expiry of the consultation period on 4 November 2016, a revised condition 19 as set out above, and acceptance of the offer in the letter submitted by The King’s Fund dated 17 October 2016 to secure via a Section 106 legal agreement.

 

Councillor Burbridge requested that her dissent against approving the application be recorded on the grounds that she objected to the ground floor windows in the proposed rear elevation being able to be opened.

11.

11 - 12 Floral Street, London, WC2E 9DS pdf icon PDF 859 KB

Minutes:

Installation of new shopfront to no.11; use of part basement, part ground, first and second floors of no.11 as retail (Class A1) with ancillary cafe and use of part basement floor of no.12 as retail (Class A1); use of part basement, part ground, and first to fourth floors of no.12 as offices (Class B1); and associated external alterations to nos.11 and 12.

 

RESOLVED:

 

1.         That conditional permission be granted.

 

2.         That conditional listed building consent be granted.

.

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

12.

79 - 81 Grosvenor Street, London, W1K 3JU pdf icon PDF 781 KB

Minutes:

Demolition of all existing buildings (with the exception of the first and second facades of No. 80) and erection of the new building over basement, ground, and five upper storeys including a roof top plant enclosure for dual / alternative use of part basement and part ground floor levels as either a retail unit (Class A1) and / or as a gallery (Class D1) and use of part basement, part ground, first, second, third, fourth and fifth floor levels for office purposes (Class B1), with associated terraces at fourth and fifth floor level. (ADDENDUM REPORT).

 

RESOLVED:

 

That conditional permission be granted.

13.

Moorings Opposite Hammersmith And City Line Station Adjacent To Bishop's Bridge Road, London pdf icon PDF 1 MB

Minutes:

Use of two moorings opposite the Hammersmith and City line entrance to Paddington Station to provide one boat as a cafe/exhibition space (Use Class Sui Generis) and one boat as dual retail/restaurant (Class A1/A3). Associated installation of additional seating and railings on the roof of both vessels.

 

An additional representation was received from Matthew Meadows on behalf of British Land (13.10.2016)

 

RESOLVED:

 

That conditional permission be granted, subject to an additional condition regarding the design of the railing, deletion of condition 8 and that consent be limited to 5 years.

 

Councillor Burbridge requested that her dissent against approving the application be recorded on the grounds that she objected to tables and chairs being permitted on top of both boats.

14.

Connaught Hotel, Carlos Place, London, W1K 2AL pdf icon PDF 312 KB

Minutes:

Display of Christmas tree on public highway adjacent to the Connaught Hotel at the junction of Mount Street and Carlos Place for a temporary period between 18 November 2016 and 6 January 2017.

 

An additional representation was received from Blair Associates Architecture Ltd (13.10.2016).

 

A late representation was received from Teahn Glover (undated).

 

RESOLVED:

 

That conditional advertisement consent be granted for a temporary period between 18 November 2016 and 6 January 2017.