Agenda and minutes

To note any changes to the membership.

1.         It was noted that there were no changes to Membership, and that all Members were present.

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      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       Councillors Devenish, Barnes and Burbridge declared that they had attended a site visit in respect of Planning Application Item 1.

2.3       Councillor Burbridge declared that with regard to Item 6, she was familiar with the site but had no contact with the applicant or objectors.

2.4       Councillor Roca declared that the premises relating to item 7 were in his Ward, and that he had no connection with the application other than the papers and presentations that were before the Committee.

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

RESOLVED:

That the Minutes of the meeting held on 4 December 2018 be signed by the Chairman as a correct record of proceedings.

4.1       The City Council had made a Tree Preservation Order (TPO) to protect one Silver Birch located in the front garden of 51 Clifton Hill, London, NW8 0QE.  The TPO was provisionally effective for a period of six months from 16^th August 2018 during which time it may be confirmed with or without modification.  If not confirmed, the TPO would lapse after 15^th February 2019.

4.2       The TPO was made because the tree made a valuable contribution to public amenity and to the character and appearance of the St. johns Wood Conservation Area.  The City Council, having been made aware of the proposal to remove the Birch tree considered it expedient in the interests of the amenity that the TPO was made, in order to safeguard its preservation and future management.

4.3       Objections to the TPO had been made by three local residents (18.08.18; 18.08.18; and undated received on 14.09.18).

4.4       The City Council’s Arboricultural Officer had responded to the objections.

4.5       RESOLVED UNANIMOUSLY: That Tree Preservation Order No 645 (2018) be confirmed without modification with permament effect.

Applications for decision

Demolition behind the retained front and side facades on Buckingham Gate and redevelopment to provide a hotel (Class C1) comprising of 53 rooms and ancillary services. Excavation to provide a single storey basement and pool. External alterations for the provision of a new off street loading area to the rear, raising of boundary garden wall to the rear, alterations to windows and provision of mechanical plant at roof level and a pavilion at roof level. Provision of a terrace at rear second floor level within recessed part of the building and a terrace at roof level fronting Buckingham Gate. (Addendum Report).

Late representations had been received from CBRE Ltd (08.01.19); Clearabee Ltd (undated); JJA Planning (07.01.19); and from 22 local residents and interested parties (undated). A brochure had also been received from the applicant summarising the proposal.

Following the deferral of the application at the last meeting of the Sub-Committee on 4^th December 2018, a site visit had taken place on 7^th January 2019.

Councillor Mark Shearer addressed the Sub-Committee in his capacity as a Ward Member.

RESOLVED (Councillor Devenish in favour of granting the application and Councillors Barnes, Burbridge and Roca in favour of refusal)

That permission be refused, on the grounds of:

(1)       Inappropriate land use in a predominantly residential area Contrary to City Plan Policy; and

(2)       Inadequate rear servicing for deliveries etc. and consequential impact upon surrounding development.

Reasons to be settled under delegated powers.           

Installation of planters on the highway and planters at first floor level to the north and south sides of Floral Street, with associated works. 2. Installation of screw fixings and associated plant wiring system to south facades of 14 Garrick Street, 27a Floral Street and Carriage Hall.

The presenting officer tabled the following amendment to Condition 7:

“7.       You must not start construction works or use any part of the public highways until we have approved appropriate arrangements to secure the following:

i)          provision of dressed level setts to roadway to create three informal crossing points on Floral Street;

ii)         relocation of 10 bollards on the southern pavement of Floral Street.

            In the case of each of the above benefits, you must include in the arrangements details of when you will provide the benefits.  You must only carry out the development according to the approved arrangements.  (C19BA)”

RESOLVED UNANIMOUSLY:

1.         That conditional permission for a temporary period of 3 years be granted;

2.         That conditional listed building consent be granted;  

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

4.         That Condition 7 be amended as tabled.

Relocation of market stalls to Old Pye Street and north part of Strutton Ground adjacent to Victoria Street for a temporary period of 6 months during resurfacing works. Phase 1 (works at the Great Peter Street/ Greycoat Place end of Strutton Ground): 5 x market stalls relocated towards junction with Victoria Street, 6 x market stalls relocated on Old Pye Street, and 8 x market stalls on Strutton Ground. Phase 2 (works at the Victoria Street end of Strutton Ground): 4 x market stalls relocated on Old Pye Street and 15 x market stalls on Strutton Ground.

It was proposed at the meeting that Condition 2 and the description of the application be amended to permit a temporary period of 9 months.

RESOLVED UNANIMOUSLY:

(1)          That conditional permission be granted under Regulation 3 of the Town and Country Planning General Regulations 1992 for a temporary period of 9 months; and

(2)          That Condition 2 be amended to refer to a temporary period of 9 months.

Use of the first and second floor of 80 Shaftesbury Avenue as Class C3 (residential) to provide 2x1 bedroom units. Reconfiguration of 4 residential units at 82-88 Shaftesbury Avenue. Reconfiguration of the restaurant unit at 5 Macclesfield Street and the retail unit at 80 Shaftesbury Avenue at ground floor level. Infill of light-well and installation of a new shopfront at 80 Shaftesbury Avenue and minor external alterations. (Site includes 80, 82-88 Shaftesbury Avenue and 5 Macclesfield Street).

Late representations had been received from Rolfe Judd Planning (04.01.19).

RESOLVED UNANIMOUSLY:

(1)         That conditional permission be granted; and

(2)         That the conditions be settled under delegated powers.

Excavation of a basement underneath the footprint of the property, with glazed covered lightwells to front and rear gardens.

RESOLVED UNANIMOUSLY:

That conditional permission be granted.

Replacement of existing ground floor door, replacement of existing three ground floor windows and internal alterations at ground floor level to incorporate office space and corridor into Flat 12A.

The presenting officer provided the Sub-Committee with a revised Condition 4:

4.         “Pre-Commencement Condition:  Prior to the commencement of the development hereby approved, the applicant shall submit to the local planning authority full details of an appropriate fire escape route that replaces the route through the application site. The development shall not commence until the local planning authority has issued its written approval of these details. The development must be carried out in accordance with the approved details.

            Reason: In the interests of public safety, as set out in S29 of Westminster’s City Plan (November 2016).”

Further to this amended condition and to ensure that it is enforceable, it was recommended that proposed Informative 2 is amended and a new Informative 3 is inserted, to read:

2.         “The approval of details application required by Condition 4 should demonstrate the following:

1.            That a Full Plans Building Control Application has been approved.

2.            The new habitable space is separated from the common parts with a minimum of 60 minute fire resisting construction.

3.            The alternative escape route required by Condition 4 should be suitably lit with emergency lighting, signage installed and kept free from obstructions.”

Additional representations were received from Mono Law (24.12.18); and David Adams Surveyors Ltd (21.12.18). Five additional representations were also received from 4 local residents (undated).

Councillor Matthew Green addressed the Sub-Committee in his capacity as a Ward Member.

RESOLVED UNANIMOUSLY:

That consideration be deferred to enable the applicant to consider and agree the proposed pre-commencement Condition 4 tabled at the meeting; and to clarify the position of the London Fire Brigade regarding the current adequacy of the alternative fire escape route, and in particular whether the apparent absence of 24 hour porterage would affect their previous favourable advice.

Erection of a single storey outbuilding at rear garden. (Retrospective application.)

RESOLVED UNANIMOUSLY:

That conditional permission be granted.