Agenda and minutes

To note any changes to the membership.

1.1       It was noted that Councillor Jason Williams had replaced Councillor David Boothroyd.

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 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, Gerald Eve and Turleys.

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

            Item 1:  That he knows the Directors of Qatari Diar and had received hospitality from them in the past.  He also knows the Directors of Four Communications, Gerald Eve and  ...  view the full minutes text for item 2.

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 18 October 2016 be signed by the chairman as a correct record of proceedings.

Applications for decision

Alterations to the existing building including retention & repair of the front and side facades, part demolition & replacement of the rear facade, rear extension of the 2nd-5th floors, removal of existing & introduction of a new 6th floor, introduction of a new set-back 7th floor, extension of the existing basement levels to include two additional basement levels (including one mezzanine level), installation of roof plant & plant screen, public realm works including hard & soft landscaping, removal of the security kiosks, fencing, bollards & gates/barriers to Blackburne's Mews & Culross Street, removal & replacement of 6 No. trees on the Grosvenor Square frontage & re-opening of the road on the western side of the Square, all in connection with the use of the building as a hotel (Class C1) comprising up to 137 hotel rooms, with flexible retail/restaurant use at part 1st floor, ground floor and basement 1 (Class A1/Class A3/Class C1), flexible retail at part ground and first floor levels (Class A1/Class C1), flexible restaurant/bar use at part 7th floor (Class A3/Class A4/Class C1), leisure/spa facilities within part basement (Class D2/Class C1) & ancillary ballroom, event spaces, back of house facilities & associated car, cycle parking & servicing facilities accessed from Blackburne's Mews; other associated internal works including replacement of all windows with double glazing, and external works including removal of the glacis & balustrade, reconfiguration of front & side entrances & steps & addition of canopies over each entrance & relocation of Eagle sculpture to centre of the front elevation of new 6th floor.

The presenting officer tabled the following amendments:

Condition 9

Notwithstanding what is shown on the approved plans, you must apply to us for approval of detailed drawings and supporting information showing the following alterations to the scheme: replacement of the low level kitchen extract system to get rid of all cooking smells, with a ventilation system that discharges all cooking fumes at roof level, including details of how it will be built and how it will look. You must not begin any construction works on the new building following completion of demolition works allowed by this permission until we have approved what you have sent us. You must then carry out the work according to the approved details and thereafter permanently maintain the high level extraction.

[No change to reason for condition]

Condition 17

In the event that the units at basement, ground and first floor levels shown on the approved plan for 'Retail (Flexible Class A1/C1)' and 'Retail/Restaurant (Flexible Class A1/A3/C1), and the area at seventh floor level designated as 'Restaurant/Bar (Flexible Class A3/A4/C1), and the spa/similar type of leisure facility at basement level 2 (Flexible Class D2/C1) are operated by the hotel as ancillary uses within Class C1, they must remain open to members of the general public (whether or not they are guests at the hotel or visitors of hotel guests) and shall not be used for any other hotel activity other than retail, restaurant or bar and spa/similar type of leisure facility as indicated. These units must be fitted out and made ready for occupation before  ...  view the full minutes text for item 1.

Use of the fire station (ground floor) as Class A3 and (four upper floors) as Class C3 use (6 flats) with associated internal and external alterations.Demolition of the existing rear buildings and replacement with a five storey residential building to provide 11 flats with balconies, excavation of one storey basement under the entire footprint of the site to accommodate A3 use and residential use. Installation of photovoltaic panels to roof level of rear building. Rebuilding of the existing rear tower with installation of plant on top.

Additional representations were received from Bruce Rayner (undated), Mr Toshimichi and Fay Okita (undated), Suzie Rogers (undated), Andrew Good (undated), Derek Butler (undated), Guido Contesso (undated), Dr John Temple (undated), Tim Benton (undated), Michael O’Brien (undated) and Charles Rose (7.11.16).

Late representations were received from Firstport (14.11.16), Charles Rose (14.11.16), Emmett de Monterey (11.11.16), Cameron Jones Planning (14.11.16), Delva Patman Redler (9.11.16), Clare Annamalai (13.11.16), Stewart Marshall and Paul Manning (undated), Susan Timbrell (13.11.16), Michael Clements (13.11.16), Jonathan Jempson (11.11.16), Rozanne Thomas (10.11.16), Martin Fricker (9.11.16), Antoine and Maximilienne Dupont-Madinier (9.11.16) and Turley Associates (15.11.16).

The presenting officer tabled a revised table that related to the results of the Sunlight assessment for affected properties in Strutton Ground and Artillery Mansions that was set out on page 82 of the report.  This included the results for those properties in Artillery Mansions with balconies in place and without balconies.

RESOLVED:

That determination of the application be deferred for the applicant to:

1.         Consider setting back the proposed five storey residential building to improve the amenity to the residents in Artillery Mansions.

2.         Consider establishing a community liaison group during development.

3.         Ensure that disabled access to the adjoined site is not affected whilst works take place.

4.         Agree that the £500,000 contribution towards a Breast Cancer Care Centre in lieu of the provision of a social and community facility on-site is index linked.

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) floorspace 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.

The presenting officer tabled the following correction to the report and amendments to conditions in the draft decision letter:

Amendments in Bold

1.               AMEND paragraph 8.10 (page 152) to state the following:  

“The estimated Mayoral CIL and the estimated Westminster Council CIL payment is £687,557.48.  This site is also within an area subject to the Crossrail Planning Obligation and a “top up” payment (i.e. the difference between the Mayoral Cil and Crossrail Planning Obligation) is also payable.  This payment is estimated to be £130,490 (pre-indexation) and it is recommended that this is secured by condition. It should be noted that the above figures are subject to any exemptions or relief that may be applicable”. 

REASON: The report omits mention of the Crossrail Planning Obligation which is applicable given this sites location.   

2.               AMEND condition 13 (page 164) as follows:

“{\b Pre Commencement Condition}. You must not start work on the site until we have approved appropriate arrangements to secure the following.

i. Unallocated parking;

ii. All highway works surrounding the site required for the development to occur including vehicle crossovers, changes to on-street restrictions and footway repaving;

iii. Employment and Training Strategy for the construction phase and the operational phase of the development; and

ivCrossrail Planning Obligation

In the case of each of the above benefits, you must include in the arrangements details of when you will provide the benefits, and how you will guarantee this timing.  You must only carry out the development according to the approved arrangements.  (C19AB)”.

REASON:  To secure the Crossrail Planning Obligation   

3.               DELETE condition 26 (page 167) as it repeats condition 13 and amend subsequent condition numbering accordingly.  

Late representations were received from Hermes Central London GP Ltd (9.11.16) and SEBRA (14.11.16).

RESOLVED:

That conditional permission be granted subject to:

(1)      the amendment to condition 13 and the deletion of condition 26 and amending the subsequent condition numbers as tabled and set out above.

(2)      an additional condition that servicing may not take place between 8pm and 7am and that no takeaways may be sold should a Class A3 restaurant be located in the corner retail unit on Eastbourne Terrace and Craven Road.

Variation of Condition 1 of the planning permission granted 28 April 2016 (ref: 15/11677/FULL) for a redevelopment to provide buildings of between ground + 6 and ground + 29 storeys including commercial space (Class A1, A2, A3, A4 and B1), up to 652 residential units (including 126 affordable housing units), landscaping and associated car and cycle parking. NAMELY, incorporation of 283 Edgware Road into site, extension of Block B to provide 20 additional residential units (672 in total), with associated swap in housing tenure with Blocks E and F, associated amendments to permitted public realm and landscaping strategy.

An additional representation was received from Turley Associates (8.11.16).

Late representations were received from Residential Facilities Management Ltd (15.11.16) and Head of Affordable and Private Sector Housing (15.11.16).

RESOLVED:

1.         Grant conditional permission, subject to a deed of variation to the section 106       agreement for application ref: 15/11677/FULL to secure:

            a)         Provision of 130 affordable units on-site comprising 51 intermediate           units and 79 social rented units. The affordable units to be provided at       the affordability levels set out in the Head of Affordable and Private                  Sector Housing memorandum dated 14 March 2016;

            b)         Provision of a financial contribution of £631,000 (index linked) toward        the provision of school places directed related to the occupancy of this           development;

            c)          Provision of a financial contribution of £863,630 (index linked) for the St Mary’s Church and Churchyard Project, The Cockpit Theatre, Greenhouse Sport and Adpar Street Play Project;

            d)         Provision of a financial contribution of £100,000 (index linked) toward                   improvements to Paddington Green;

            e)         Provision of a financial contribution of £18,000 (index linked) toward bus stop improvements around the application site;

            f)          Provision of a financial contribution of £200,000 (index linked) towards an additional cycle hire docking station or enlargement of an existing docking station within the vicinity of the site;

            g)         Payment of the cost of highway works associated with the development     on Newcastle Place, Paddington Green and Church Street and                     Edgware Road;

            h)        Provision of a financial contribution of £200,000 (index linked) toward possible road widening to be undertaken by TFL on Edgware Road;

            i)          Provision of lifetime car club membership (25 years) for each                        residential unit in the development;

            j)          Provision of on-site parking on an unallocated basis (i.e. not sold or let with a particular flat);

            k)         Compliance with the Council's Code of Construction Practice and a                                   contribution of £20,000 per annum during the period of construction                      towards the Environmental Inspectorate and Environmental Sciences                 to allow for monitoring during construction;

            l)          Provision of a financial contribution of £1,100,000 (index linked) toward                public art associated with the development site and its maintenance;

            m)        Developer undertaking to use best endeavours to negotiate a connection and supply agreement with the Church Street District Heating Scheme (CSDHS). In the event that the, CSDHS does not go ahead, installation of CHP plant on-site;

            n)        Offering local employment opportunities during construction; and

            o)         Payment of cost of monitoring the agreement (£15,000).

2.         If the S106 legal agreement has  ...  view the full minutes text for item 4.

Demolition of existing building, excavation to provide new subbasement and erection of replacement building over sub-basement, basement, ground and between five and seven upper storeys to provide dual alternative Class A1 (Shops) and / or Class A2 (Financial and Professional Services) at part basement and part ground floor level; artist workspace (sui generis) at part basement level; Class A1 (Shops) at part basement and part ground floor level; Class B1 (Office) at part sub-basement, part ground, part first to part fifth and sixth floor levels; 4 x flats (Class C3) at part ground to part fifth floor level; and associated car parking (3 x spaces), cycle parking (41 x spaces) and plant.

An additional representation was received from Platform (9.11.16).

A late representation was received from Councillor Iain Bott (15.11.16)

RESOLVED:

1.       That conditional permission be granted subject to:

A.         A legal agreement to secure the following:

          (a)      The submission of a Car Lift Maintenance and Management Plan for the City Council's approval and adherence to this Plan for the life of the development.

          (b)      The artist workspace at basement level to be provided at a peppercorn               rent for a minimum period of 25 years.

          (c)      Unallocated car parking.

          (d)      The costs of monitoring the S106 legal agreement.

B.         Reserving for approval the materials for the upper two floors which need to be revised.

2.       If the S106 legal agreement has not been completed within three months of        the date of this resolution then:

a)       The Director of Planning shall consider whether it will be possible or 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 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.

Use of part-ground and part-basement levels as a restaurant (Class A3).Installation of associated plant including air condenser unit and combined gas boiler and flue at main roof level and 4no. external kitchen extract ducts and 3no. air supply ducts rising from to basement to first floor levels on the rear southern elevation and and across the roof at second floor level leading to 2no. filtered extraction units and a fresh air handling unit, extension of the 2no. extract ducts from second floor level to high level positioned on the side wall of 38 Dover Street. Creation of a smoking terrace on southern elevation within lightwell comprising of decking on cantilever steel supports and a frosted glass roof.

Late representations were received from ERCO Lighting Ltd (15.11.16) and Samsa Brand Management (November 2016).

RESOLVED:

That conditional permission be refused on the grounds that the proposed change of use will lead to a saturation of restaurants in this part of Berkeley Street to the detriment to the amenity of residents in the area and the character and function of this part of the Mayfair Conservation Area.