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 Richard Beddoe 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 Beddoe also declared that in his capacity as Chairman of Planning, he gets to know a number of property developers and planning consultants, although he does not consider them his friends. He added that any Members of the Majority Party who had or would make representations in respect of the applications on the agenda were his friends.

2.3       Councillor 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.

2.4       Councillor Burbridge declared that any Members of the Majority Party who had or would make representations in respect of the applications on the agenda were her friends. She also advised that she was the Deputy Cabinet Member for Housing. In respect of items 1 and 4, she had sat on the Planning Sub-Committee which had considered applications at those sites previously.

2.3       Councillor Boothroyd declared that he was the Head of Research and Psephology for Thorncliffe, whose clients were companies applying for planning permission from various local authorities. No current schemes were in Westminster; if there were it would have precluded him from working on them under the company’s code of conduct.

Some Thorncliffe clients had engaged planning consultants who were also representing applicants at the meeting: Gerald Eve on item 2, DP9 on item 3, and JLL on item 4. However, he did not deal directly with clients or other members of project teams, and planning consultants were not themselves clients.

On item 2, he had sat on the previous committees dealing with the site on February 2012 and November 2015.

On item 3, he knew a member of the Meard and Dean Street Residents’ Association and who lived in the vicinity of the site, although he had not personally commented on the application.

            On item 4, he was a member of the previous committee in October 2017.

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 23 January 2018 be signed by the Chairman as a correct record of proceedings.

Applications for decision

Application 1: Variation of Conditions 1 and 2 of planning permission dated 12 March 2013 (RN: 12/11261FULL) for Variation of Condition 1 of planning permission dated 20 May 2010 (RN: 09/09775); to retain the four retractable floodlights for another five year temporary period from 2014 to 2019 and variation of Condition 2 to increase the number of day cricket matches the floodlights can be used each season from 12 to 14 days. (Application under Section 73 of the Town and Country Planning Act 1990); NAMELY to allow the continued use of floodlights and to increase the evening useage to 15 days for the 2019 season and to allow the use of the floodlights in respect of all Middlesex Day matches ending before 19.30 under bad light conditions for the 2018/2019 seasons.

Application 2: Variation of conditions 15 and 16 of planning permission dated 13 April 2016 ( RN 16/02015/FULL) for the variation of Condition 2 of planning permission dated 24 November 2014 (RN: 14/09144) for the redevelopment of the Warner Stand. NAMELY, to allow the continued use of the floodlight and to increase the evening useage to 15 days for the 2019 season and to allow the use of the floodlights in respect of all Middlesex Day matches ending before 19.30 under bad light conditions for the 2018/2019 seasons.

Application 3: Variation of conditions 10 and 11 of planning permission dated 17 February 2016 (RN: 15/07111/FULL) for the Demolition of the existing Tavern Stand, Allen Stand, Thomas Lord Building, MCC Office Building and Scorers' Box and redevelopment comprising the erection of new stand, new Thomas Lord Building with an expanded basement and relocated public house, new Harris Garden Building, new Scorers' Box, internal and external alterations to the Pavilion, a new shop in the Bowlers' Annexe together with relocation of the floodlight, hard and soft landscaping, servicing facilities and all necessary ancillary and enabling works, plant and equipment. NAMELY, to allow the continued use of the floodlight and to increase the evening useage to 15 days for the 2019 season and to allow the use of the floodlights in respect of all Middlesex Day matches ending before 19.30 under bad light conditions for the 2018/2019 seasons.

Late representations were received from Councillor Robert Rigby (26/02/18) and Turnberry (26/02/18).

The presenting officer advised that if the Sub-Committee was minded to grant the applications some simplifying of the wording of the proposed conditions would be undertaken by officers.

RESOLVED That:

1)        Application 1: Conditional permission be granted;

2)        Application 2: Conditional permission be granted; and

3)        Application 3: Conditional permission be granted.

Demolition of 54 and 55-57 Great Marlborough Street and demolition of rear ground, first and second floors of 47 Poland Street and redevelopment of the site to provide a new building comprising two basement levels, ground floor and seven upper levels. Use of part ground floor / basement level 1 as retail (Class A1). Use of part basement level 1 and part ground floor level and basement level 2 and seven upper levels as a hotel (Class C1). Terrace and plant at seventh floor level, pv panels at roof level and associated external works.

An additional representation was received from Comm Comm UK (21/02/18).

The presenting officer tabled the following additional condition:

Additional Condition 32

Prior to the commencement of any demolition or construction on site the applicant shall submit an approval of details application to the City Council as local planning authority comprising evidence that any implementation of the scheme hereby approved, by the applicant or any other party, will be bound by the council's Code of Construction Practice. Such evidence must take the form of a completed Appendix A of the Code of Construction Practice, signed by the applicant and approved by the Council's Environmental Inspectorate, which constitutes an agreement to comply with the code and requirements contained therein. Commencement of any demolition or construction cannot take place until the City Council as local planning authority has issued its approval of such an application (C11CB).

Reason

To protect the environment of people in neighbouring properties, as set out in S32 of Westminster's City Plan (November 2016) and ENV 6 and ENV 7 of our Unitary Development Plan that we adopted in January 2007.  (R13BC)

RESOLVED:

1)        That conditional permission, as amended, be granted, subject to a S106 legal agreement to secure the following:

i.        Dedication of land as public highway;

ii.       A Crossrail payment (index linked);

iii.      An employment and training strategy for the demolition, construction and operational phases of the development;

iv.      S106 monitoring costs.

2)        If the S106 legal agreements had not been completed within six weeks of the date of the Committee resolution, then:

(a)      The Director of Planning should 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 was authorised to determine and issue the decision under Delegated Powers; however, if not;

(b)     The Director of Planning should consider whether the permission should be refused on the grounds that the proposals were unacceptable in the absence of the benefits which would have been secured; if so, the Director of Planning was authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

Demolition of the rear ground, first and second floor office accommodation and replacement with a full width rear extension at first to fourth floors to provide Office (Class B1) floorspace. Change of use of basement to part gym (Class D2) and part office (Class B1) and change of use of part ground floor to retail (Class A1), office (Class B1), gym (Class D2). Replacement shopfronts at ground floor level on Meard Street and amendments to the rear of the existing residential in Royalty Mansions (Class C3) and associated works.

The presenting officer tabled the following amendment to condition 3:

Condition 3

You must apply to us for approval of detailed drawings of the following parts of the development 

a.    Shopfronts;

b.    New building at rear (typical details)

You must not start any work on these parts of the development until we have approved what you have sent us.

You must then carry out the work according to these drawings

RESOLVED:

That conditional planning permission, as amended, be granted.

Redevelopment of the site to provide hotel (Use Class C1) with ancillary ground floor cafe / restaurant in 13 storey building.

A late representation was received from Whitbread Group PLC (Undated).

The presenting officer tabled the following revision to 1e) of the recommendation:

“1e) In the event that the three Gingko trees need to be removed within 50 years from the date of this permission, a financial contribution of £135,000 (index linked) toward street tree planting on Old Marylebone Road payable to TfL; Westminster City Council.”

RESOLVED:

That conditional permission be deferred with the Sub-Committee minded to grant, subject to the loading bay being relocated from Harcourt Street to Old Marylebone Road and if necessary enlarged through the loss of two Ginkgo trees. Following discussions between officers and the applicant the application to be brought back to the Planning Sub-Committee for determination.

Variation of Condition 1 of planning permission dated 20 December 2016 (RN 16/08184/FULL) for, 'Demolition of mews building and lower ground and ground floor rear extensions. Erection of replacement mews building on lower, ground and first floors to provide a four bedroom dwellinghouse (Class C3), accessed from Wigmore Place. Erection of replacement lower ground and ground floor levels rear extension to the main building and use of part ground and part lower ground floor as medical floorspace (Class D1) and use of part lower ground, part ground floor and first to fourth floors as nine flats (Class C3). Alterations to rear elevation including the installation of new windows'; NAMELY, to make the following amendments to the approved development -

installation of five air conditioning units within acoustic enclosure at roof level, alterations to the windows within the mews house, the addition of two condensing units within the lower ground floor courtyard of the replacement mews building, and associated minor alterations. Variation of Condition 1 of listed building consent dated 20 December 2016 (RN 16/08185/LBC) for, 'Demolition of mews building and lower ground and ground floor rear extensions. Erection of replacement mews building on lower, ground and first floors to provide a four bedroom dwellinghouse (Class C3), accessed from Wigmore Place. Erection of replacement lower ground and ground floor levels rear extension to the main building and use of part ground and part lower ground floor as medical floorspace (Class D1) and use of part lower ground, part ground floor and first to fourth floors as nine flats (Class C3). Alterations

to rear elevation including the installation of new windows'; NAMELY, to

vary the consented demolition at basement, ground, first, second, third and fourth floors, internal alterations to all floor levels, installation of five air conditioning units within acoustic enclosure at roof level, alterations to the windows within the mews house, the addition of two condensing units within the lower ground floor courtyard of the replacement mews building, and associated minor alterations.

RESOLVED:

1)        That conditional permission be granted;

2)        That conditional listed building consent be granted; and

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

Use of the building as a mixed residential and Embassy use (Sui Generis).

The presenting officer tabled the following revised recommendation:

“Subject to the Foreign and Commonwealth Office – Refuse permission on land use and amenity grounds.”

RESOLVED:

That subject to the Foreign and Commonwealth Office, permission be refused on the following grounds:

1)        That due to the loss of a single family dwelling house and the location of the site outside of the Central Activities Zone and a Special Policy Area, the change of use was contrary to the Council’s policies in relation to land use; and

2)        The impact of the proposed embassy use in that part of the City, would unacceptably harm the character and function of the area; the quality of the areas environment and the amenity, including general quality of living, of the residential community in the area.

Excavation below part of existing ground floor to form a basement extension to existing dwelling house.

RESOLVED:

That conditional permission be granted.