Agenda and minutes

To note any changes to the membership.

1.1       It was noted that Councillor Caplan had replaced Councillor Richard Beddoe.

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 Melvyn Caplan 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 Tim Mitchell declared that any Members of the Majority Party who had or would make representations in respect of the applications on the agenda were his friends. He also advised that in his capacity as a Councillor for St James’s Ward, and as Cabinet Member for Finance, Property and Corporate Services responsible for the City Council’s property portfolio, he regularly met with members of the planning and property industry as well as residents’ associations and amenity groups.

2.3       Councillor Mitchell declared in respect of the individual applications on the agenda that items 4 and 5 were located in his Ward.  The principal objector was the Covent Garden Community Association however they had not approached him directly.  In respect of item 5 he declared that the applicant had approached him on a previous application for tables and chairs but not in relation to this one.

2.4       Councillor Susie Burbridge declared that any Members of the Majority Party and Minority Party who had or would make representations on the applications on the agenda were her friends. She declared that she is the Deputy Cabinet Member for Housing. Councillor Burbridge further advised that that she did meet architects and developers from time to time but had not seen or spoken to any in relation to the applications on the agenda.  In respect of item 1 she declared that she had considered previous applications at the zoo but not this one.  

2.4       Councillor David Boothroyd read out the following declaration:

‘I am Head of Research and Psephology for Thorncliffe, whose clients are companies applying for planning permission from various local authorities. No current schemes are in Westminster; if there were I would be precluded from working on them under the company’s code of conduct.

Some Thorncliffe clients have engaged planning consultants who are also representing applicants tonight: Jones Lang LaSalle on item 1, CBRE on item 2, Savills on item 3, and DP9 on item 4. However I do not deal directly with clients or other members of project teams, and planning consultants are not themselves clients.’

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 8 August 2017 be signed by the Chairman as a correct record of proceedings.

Applications for decision

Replacement of metal mesh and door and restoration of the Snowdon Aviary to encompass additional animal species, apparatus and informal housing for aviary species, safety and DDA alterations to 'M' bridge, erection of new animal house annexes and links, replacement of concrete sheds with new education facilities, removal and replacement of trees and landscaping alterations including rain cover for pram storage area, installation of new gate for construction vehicles, together with demolition of north pheasantry aviaries and relandscaping.

Additional representations were received from Councillor Robert Rigby (25/8/17) and Windrush Ecology (25/8/17).

The presenting officer tabled the following changes to the draft decision letter:

Revised Condition 5

Part pre-commencement condition.

Pre-commencement

1. Prior to commencement of any works you must:-

a. Undertake a bat survey of the Black Poplar tree within Aviary ( to take place between May and August) which is identified in the Phase 1 Ecology survey as having a high potential as a bat roosting site, to determine the presence or otherwise of roosting bats. Details of this bat survey and results shall be submitted to and approved by the City Council in consultation with Natural England.

Non pre-commencement

2. You must carry out the following in accordance with the relevant period as set out in your ecology report.

a. Removal of Japanese knotweed

b. Tall Ruderal vegetation to be cut to ground level and the arisings removed

c. Removal of brash and log piles by hand

d. Removal of trees

3. Provide new bird and bat boxes.

4. Provide only low lighting in accordance with your ecology report.

Deletion of condition 8 (revised drawings received)

Revised drawings numbers

2581-A-mp-011-00-01 Rev01; 2581-A-mp-011-dm-01 Rev01; 2581-A-mp-011-ex-

01 Rev01;

2581-A-mp-011-ld-01 Rev01; 2581-A-mp-011-rf-01 Rev01; 2581-A-mp-014-se-01;

2581-A-af-031-00-01; 2581-A-af-064-00-01; 2581-A-af-259-00-01;

2581-A-af-259-00-11; 2581-A-cc-031-00-0; 2581-A-cc-053-00-02; 2581-A-cc-053-

ex-02; 2581-A-cc-064-00-01; 2581-A-dh-031-00-01;

2581-A-dh-053-00-01; 2581-A-dh-053-ex-01; 2581-A-mh-031-00-01;

2581-A-mh-053-00-01; 2581-A-mh-053-ex-01; 2581-A-mh-064-00-01;

2581-A-lo-011-00-01 Rev01 (Site Location Plan).Application covering letter;

cil_questions; Ecology Report; Environmental Performance Statement

; Images of Model; Snowdon Aviary - Conservation Plan; Snowdon Aviary - Heritage

Statement; Snowdon-Aviary-View Arrival_from_the_bridge; Snowdon-Aviary-View-

Community-Centre

Snowdon-Aviary-View-Inside_the_Aviary; Snowdon-Aviary-View-Primrose_Hill;

Snowdon-Aviary-View-Under_the_Monkey_bridge;

Tree Report; Design and Access Statement; Planning Statement; Structural Survey;

JLL.

Renumbering of conditions

1-15

Additional informative

In relation to conditions 11,12,13, these relate to mechanical plant.

RESOLVED:

1.         That conditional planning permission be granted subject to the changes to conditions and informatives as tabled and set out above.

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 be agreed.

Demolition of existing upper levels (6th, 7th, 8th floors and roof level) and construction of new 6th, 7th, 8th, 9th and roof levels for continued use as offices on part lower ground, part ground, and upper floors. Use of part of lower ground and ground floor for dual/alternative Class A1/B1 retail/office use, and various external and internal works including new shopfronts to Jones Street and Bourdon Street and installation of external lighting to Berkeley Square.

The presenting officer tabled the following changes required to the recommendation on this case :

Additional Condition 22

You must apply to us for approval of detailed drawings/details showing the following alteration(s) to the scheme :

i.              Improved access for people with disabilities into the retail units;

ii.            Internal access within the retail unit/s between ground and basement levels.

You must not commence the Class A1 retail use until we have approved what you have sent us. You must then carry out the work according to the approved drawings.  (C26UB)

Reason: To make sure that there is reasonable access for people with disabilities and to make sure that the access does not harm the appearance of the building, as set out in S28 of Westminster's City Plan (November 2016) and DES 1 (B) of our Unitary Development Plan that we adopted in January 2007.  (R20AC)

Additional Condition 23

Notwithstanding the provisions of Class A1 of the Town and Country Planning (Use Classes) Order 1987 as amended April 2005 (or any equivalent class in any order that may replace it) the Class A1 retail accommodation hereby approved shall not be used as a food retail supermarket outlet or similar activity.

Reason: To avoid blocking the surrounding streets and to protect the environment of people in neighbouring properties as set out in  S42 of Westminster's City Plan (November 2016) and STRA 25, TRANS 20 and TRANS 21 of our Unitary Development Plan that we adopted in January 2007.  (R23AC)

RESOLVED:

1.         That conditional permission and conditional listed building consent be granted subject to the additional conditions as tabled and set out above.

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

3.         That the Committee authorises the making of an Order pursuant to Section 247 of the Town and Country Planning Act (1990) (as amended) for the 'stopping-up' of that part of the public highway on Jones Street for the new shopfront.

Erection of single storey rear infill extension at rear ground floor level and alterations to front landscaping including alterations to boundary wall.

A late representation was received from the applicants and their agent Savills (5/9/17)

RESOLVED: The Committee considered that the revised scheme has been sufficiently improved to overcome amenity objections but agreed to defer determination of the application to secure from the applicants a more traditional design to the single storey rear infill extension at ground floor level.

The committee noted that the applicant will need to include the previously permitted works under applications 15/01446/FULL and 15/01447/LBC to validate the scheme.

Installation of a full height extract duct and fan within the lightwell.

The presenting officer tabled a revised description of the development:

Installation of a full height extract duct and fan within the lightwell to serve existing restaurant at 2 Burleigh Street.

RESOLVED:

That conditional permission be granted subject to an additional condition that the plant shall only operate for one hour before the restaurant opens up to an hour after it closes.

Use of an area of public highway measuring 3.2m x 0.9m for the placing of two tables and four chairs in connection with the existing ice cream parlour (A1) at 7 Garrick Street.

RESOLVED:

That conditional permission be granted for a temporary period of 1 year.

Demolition and reconstruction behind a retained front facade, including excavation of basement floor below existing house and part of rear garden land, with lightwells to front, side and rear, erection of two storey side extension, single storey rear extension, a porch infill, and skylights to roof.

RESOLVED:

That conditional permission be granted.