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.

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 25 September 2018 be signed by the Chairman as a correct record of proceedings.

Applications for decision

Use of basement and ground floors as restaurant (Class A3), installation of external ventilation and roof top plant, installation of a new shopfront and associated works.

An additional representation was received from Dogus Group (24.10.2018).

RESOLVED UNANIMOUSLY:

That conditional permission be granted.

Use of open space between Ebury Street and Pimlico Road as weekly Saturday farmers' market with servicing hours from 7am - 3pm and trading hours from 9am - 2:05pm.

Additional representations were received from Councillor Murad Gassanly (17.10.2018) and London Farmers Markets Ltd (19.10.2018).

Late representations were received from Councillor David Harvey (30.10.2018) and The Belgravia Society (29.10.2018).

Councillor Murad Gassanly addressed the Committee in his capacity as a Ward Councillor in support of the application.

The presenting officer tabled the following revised recommendation with conditions:

Revised Recommendation:

1.    Do Member’s consider that the revised offer of a 7.30am start time for setting up is acceptable?

2.    Subject to 1, grant conditional permission for a temporary period of 5 years.

Recommended Conditions:

Variation of Condition 1 of planning permission dated 8 February 2017 (RN: 15/08352/FULL) for the 'Demolition of existing building and erection of a new six storey, plus basement building with frontages to Wellington Road 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'; NAMELY, to the increase the height of the building by 0.93m to the Wellington Street frontage of the site, by 0.89m to the Cochrane Street frontage of the site and introduce a lift overrun to the central link block.

A late representation was received from the applicant, Roxburg Overseas Limited (26.10.2018).

The presenting officer tabled the following additional condition:

ADD condition 32 – lift overrun.

Not withstanding that shown on the drawings hereby approved, the lift overrun shall be clad in sheet metal to match the setback roof storey where it projects above the main roof level (on all sides).

REASON:

To make sure that the appearance of the building is suitable and that it contributes to the character and appearance of the area. This is as set out on S28 of Westminster City’s Plan (November 2016) and DES1 and DES 5 or DES 6 or both of our Unitary Development Plan that we adopted in January 2007. (R26AD)

RESOLVED UNANIMOUSLY:

1.            That conditional permission be granted, subject to an additional condition 32 as set out above, and to the completion of a deed of variation to the legal agreement dated 8 February 2017 to ensure the continued provision of the following previously secured planning obligations:

(i)            The provision of a financial contribution of £5.5m (index linked) in lieu of on-site affordable housing;

(ii)          Provision of a management plan to demonstrate that those units within the development used as serviced apartments providing short term visitor accommodation will only be used 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.

(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)         Restriction to prevent mixed use of the building as serviced apartments use and Class C3 residential use and to require the occupation of the whole building to be as one of these use at any one time.

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

2.           That if the deed of variation has not been completed by 18 December 2018,  ...  view the full minutes text for item 3.

Variation of condition 5 (hours of use) and 9 (no deliveries) of planning permission dated 05 September 2016 (RN: 16/04625/FULL) for the Use of basement and ground floor as a cafe/restaurant (A3). Replacement of existing shopfront with new timber shopfront including new fascia board, retractable awning. Reinstatement of two rear windows and other minor alterations. NAMELY, to allow operational hours of 07.00- 23.00 hours Monday to Saturdays and 08.00-22.30 hours on Sundays and to allow deliveries.

Additional representations were received from 8 local residents (22.10.2018, 23.10.2018, 24.10.2018 and 25.10.2018).

Late representations were received from Councillor Geoff Barraclough (17.10.2018, 23.10.2018, 25.10.2018 and 28.10.2018) and 3 local residents (25.10.2018 and 28.10.2018).

The presenting officer tabled the following amended condition and additional condition:

AMEND condition 11 – amendments in bold:

You must not allow customers into the rear year yard at basement level at any time. Staff shall not use the rear yard, except in the event of an emergency, after 7pm daily.

Reason:

To protect the environment of people in neighbouring properties. This is as set out in S29 and S32 of Westminster’s City Plan (November 2016) and ENV 6 and ENV 13 of our Unitary Development Plan that we adopted in January 2007. (R21BC)

ADD condition 12

The door at the rear ground floor level must remain closed between the hours of 7pm and 7am the following day. The door may however be used in the event of an emergency.

Reason:

To protect the environment of people in neighbouring properties. This is as set out in S29 and S32 of Westminster’s City Plan (November 2016) and ENV 6 and ENV 13 of our Unitary Development Plan that we adopted in January 2007. (R21BC)

RESOLVED UNANIMOUSLY:

That conditional permission be granted, subject to an amended condition 11 and an additional condition 12 as set out above, and to a one year temporary permission and requirement for an operational management plan in respect of delivery service.