Agenda and draft minutes

Planning Applications Sub-Committee (1) - Tuesday 27th April, 2021 6.30 pm

Venue: Please note that this will be a virtual meeting

Contact: Georgina Wills: Committee and Governance Officer  Tel: 07870 548348; Email:  gwills@westminster.gov.uk

Media

Items
No. Item

1.

Membership

To note any changes to the membership.

Minutes:

1.1       There were no changes to the membership.

2.

Declarations of Interest

To receive declarations by Members and Officers of the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.

Minutes:

2.1       The Chairman explained that a week before the meeting, all four Members of the Sub-Committee were provided with a full set of papers including a detailed officer’s report; together with bundles of the letters or e-mails received in respect of this application containing objections or giving support.  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 Sub-Committee, it did not mean that the issue had been ignored.

 

2.2       The Chair declared an interest in Item 1 and advised that he had met with the             Applicant alongside the Cabinet Member for Business, Licensing and   Planning and Officers for a briefing and this took place in May 2020.

 

2.3       Councillor Mark Shearer declared an interest in Item 1 and advised the      funders for the Application, Bental GreenOak, had provided investment      finance to his father’s Business, SPG, four years ago. He advised that the             matter was far removed from him and had made the declaration for         transparency reasons.

 

2.4       Councillor Susie Burbridge declared an interest in Item 6 and advised that     she was the Deputy Cabinet Member for Housing.

 

3.

Minutes pdf icon PDF 219 KB

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

Minutes:

That the minutes of the meeting held on 2 March 2021 be signed by the Chair as a correct record of proceedings.

4.

Planning Applications

Applications for decision

1.

Southside, 105 Victoria Street, London SW1E 6QT pdf icon PDF 2 MB

Minutes:

Demolition of existing building, extension of existing basement and erection of a new building of ground, mezzanine, plus up to fourteen-storeys with terraces at tenth to fourteenth floor level, comprising office accommodation; flexible retail, restaurant, bar, community and leisure uses; internal pedestrian route with 'Village Square', plant at main roof level; servicing, cycle parking and highways, landscaping and associated works.

 

An additional representation was received from DP9 (21.04.21)

 

Late representations were received from Cathedral Area Residents Group (25.04.21), WCC Public Protection and Licensing Environmental Science (27.04.21), WCC Planning Service meeting notes dated 29.5.2020 and The Queen Anne’s Gate Residents’ Association (26.04.21).

 

The presenting officer tabled the following notification regarding the Council’s adoption of the new City Plan and amendments to Conditions.

 

PLANNING APPLICATIONS SUB-COMMITTEE – 27 April 2021

 

Item 1: Southside, 105 Victoria Street

 

Since the Sub-Committee reports were published, the new City Plan 2019 - 2040 was adopted at Full Council on 21 April 2021. Therefore, in accordance with s.38 of the Planning and Compulsory Purchase Act 2004, it comprises the development plan for Westminster in combination with the London Plan adopted in March 2021 and, where relevant, neighbourhood plans covering specific parts of the city. As set out in s.38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 49 of the NPPF, the application must be determined in accordance with the development plan, unless material considerations indicate otherwise.

 

The new City Plan 2019-2040 has replaced the Unitary Development Plan 2007 and 2016 City Plan, and as a result the reasons for conditions/reasons for refusal have been updated in the attached draft decision notice to reflect the adoption of the City Plan.

 

The wording of conditions 6, 7 and 8 have also been slightly amended.

 

Recommended Condition(s) and Reason(s)

 

1.         The development hereby permitted shall be carried out in accordance with the             drawings and other documents listed on this decision letter, and any drawings             approved subsequently by the City Council as local planning authority    pursuant to any conditions on this decision letter.

 

            Reason: For the avoidance of doubt and in the interests of proper planning.

 

2.         Except for piling, excavation and demolition work, you must carry out any building work which can be heard at the boundary of the site only: between 08.00 and 18.00 Monday to Friday; between 08.00 and 13.00 on Saturday;   and , not at all on Sundays, bank holidays and public holidays. You must carry out piling, excavation and demolition work only:between 08.00 and 18.00 Monday to Friday; and not at all on Saturdays, Sundays, bank holidays and public holidays., Noisy work must not take place outside these hours unless otherwise agreed through a Control of Pollution Act 1974section 61 prior consent in special circumstances (for example, to meet police traffic restrictions, in an emergency or in the interests of public safety).             (C11AB)

 

            Reason: To protect the environment of neighbouring occupiers. This is as set           out in Policies 7 and 33 of the City Plan 2019 - 2040 (April 2021).  (R11AD)

 

3.         Pre  ...  view the full minutes text for item 1.

2.

80 New Bond Street, London W1S 1SB pdf icon PDF 1 MB

Minutes:

Demolition and rebuilding of 3-4 Dering Street to provide a four storey plus basement building with a plant enclosure above. Extensions and refurbishment of 325-329 Oxford Street and 80 New Bond Street to provide an eight storey plus basement building; re-alignment of the facade along the Oxford Street frontage above first floor level to match neighbouring building; creation of terraces at seventh and eighth floor levels; alterations to the facade on the Oxford Street and New Bond Street frontages including the provision of a double height shopfronts, the provision of additional accesses and other associated external works, all in connection with the use of the building for retail and offices purposes (Class E).

 

An additional representation was received from Councillor Timothy Barnes. (20.04.21)

 

The presenting officer tabled the following amendments to the Conditions and Informatives.

 

PLANNING APPLICATIONS SUBCOMMITTEE 27 April 2021

 

Item 2: 80 New Bond Street, W1

 

Since the Sub-Committee reports were published, the new City Plan 2019 - 2040 was adopted at Full Council on 21 April 2021. Therefore, in accordance with s.38 of the Planning and Compulsory Purchase Act 2004, it comprises the development plan for Westminster in combination with the London Plan adopted in March 2021 and, where relevant, neighbourhood plans covering specific parts of the city. As set out in s.38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 49 of the NPPF, the application must be determined in accordance with the development plan, unless material considerations indicate otherwise.

 

The new City Plan 2019-2040 has replaced the Unitary Development Plan 2007 and 2016 City Plan, and as a result the reasons for conditions have been updated in the attached draft decision notice to reflect the adoption of the City Plan.

 

1

 

The development hereby permitted shall be carried out in accordance with the drawings and other documents listed on this decision letter, and any drawings approved subsequently by the City Council as local planning authority pursuant to any conditions on this decision letter.

 

 

 

 

 

 

 

Reason:

For the avoidance of doubt and in the interests of proper planning.

 

 

 

 

2

 

Except for piling, excavation and demolition work, you must carry out any building work which can be heard at the boundary of the site only:

o          between 08.00 and 18.00 Monday to Friday;

o          between 08.00 and 13.00 on Saturday; and

o          not at all on Sundays, bank holidays and public holidays.

 

You must carry out piling, excavation and demolition work only:

o          between 08.00 and 18.00 Monday to Friday; and

o          not at all on Saturdays, Sundays, bank holidays and public holidays.

 

Noisy work must not take place outside these hours unless otherwise agreed through a Control of Pollution Act 1974 section 61 prior consent in special circumstances (for example, to meet police traffic restrictions, in an emergency or in the interests of public safety). (C11AB)

 

 

 

            Reason:

            To protect the environment of neighbouring occupiers.  This is as set out in             Policies 7 and 33 of the City Plan 2019 - 2040 (April 2021).  (R11  ...  view the full minutes text for item 2.

3.

25 Ivor Place, London NW1 6HR pdf icon PDF 1024 KB

Minutes:

Use as a single dwelling house( Class C3) , demolition of the east facing external wall to create a lightwell from basement to roof level, excavation of basement below rear of the existing building to be used as part of the single family dwelling and associated alterations, increased height and location of the west facing boundary walls with alterations to the pitch of the roof and the creation of a lightwell to west facing elevation .

 

The presenting officer tabled the following updated conditions and reasons for refusal and decision notice.

 

PLANNING APPLICATIONS SUB-COMMITTEE – 27.04.2021

 

Item 3 - 25 IVOR PLACE, LONDON NW1 6HR

 

Since the Sub-Committee reports were published, the new City Plan 2019 - 2040 was adopted at Full Council on 21 April 2021. Therefore, in accordance with s.38 of the Planning and Compulsory Purchase Act 2004, it comprises the development plan for Westminster in combination with the London Plan adopted in March 2021 and, where relevant, neighbourhood plans covering specific parts of the city. As set out in s.38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 49 of the NPPF, the application must be determined in accordance with the development plan, unless material considerations indicate otherwise.

 

The new City Plan 2019-2040 has replaced the Unitary Development Plan 2007 and 2016 City Plan, and as a result the reasons for conditions/reasons for refusal have been updated in the attached draft decision notice to reflect the adoption of the City Plan

 

Recommended Condition(s) and Reason(s)

 

Reason:

 

The proposed 6 bedroom single dwelling of 404m2, fails to optimise the number of residential units on the site. Consequently, the site is not used efficiently to maximise housing delivery in the borough, contrary to the Policy 8 of our City Plan 2019-2040 Intend to Adopt version (March 2021).

 

Informative(s):

 

1.      In dealing with this application the City Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way so far as practicable. We have made available detailed advice in the form of our statutory policies in the City Plan 2019 - 2040: Intend to Adopt version (March 2021), neighbourhood plan (where relevant), supplementary planning documents, planning briefs and other informal written Item No. guidance, as well as offering a full pre application advice service. However, we have been unable to seek solutions to problems as the principle of the proposal is clearly contrary to our statutory policies negotiation could not overcome the reasons for refusal. & Policies handbook, copies of which can be found in the Committee Room whilst the meeting is in progress, and on the Council’s website

 

Graham Robinson-Hodges addressed the Sub-Committee in support of the application.

 

RESOLVED UNANIMOUSLY:

 

Agreed to refuse permission on the amended reasons for refusal as set out above.

 

Reason: The proposed 6 bedroom single dwelling of 404m2, fails to optimise the number of residential units on the site. Consequently, the site is not used efficiently to maximise housing delivery in the  ...  view the full minutes text for item 3.

4.

141-150 Wymering Mansions, Wymering Road London W9 2NG pdf icon PDF 842 KB

Minutes:

Partial basement excavation and conversion of ancillary storage area at lower ground floor rear to provide a self-contained unit (Class C3) and associated external alterations.

 

The presenting officer tabled the following updated conditions and reasons for refusal and decision notice.

 

PLANNING APPLICATIONS SUB-COMMITTEE – 27.04.2021

 

Item 4 - 141-150 WYMERING MANSIONS, WYMERING ROAD LONDON W9 2NG

 

Since the Sub-Committee reports were published, the new City Plan 2019 - 2040 was adopted at Full Council on 21 April 2021. Therefore, in accordance with s.38 of the Planning and Compulsory Purchase Act 2004, it comprises the development plan for Westminster in combination with the London Plan adopted in March 2021 and, where relevant, neighbourhood plans covering specific parts of the city. As set out in s.38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 49 of the NPPF, the application must be determined in accordance with the development plan, unless material considerations indicate otherwise. The new City Plan 2019-2040 has replaced the Unitary Development Plan 2007 and 2016 City Plan, and as a result the reasons for conditions/reasons for refusal have been updated in the attached draft decision notice to reflect the adoption of the City Plan.

 

Recommended Condition(s) and Reason(s)

 

1.     Reason: The proposed flat has a low floor ceiling height and it lacks level access. The only access from the public highway to the proposed flat is through the communal rear garden either via a gate or a corridor. Both of these access points are a considerable distance away from the proposed flat, which would delay the attendance of the London Fire Brigade in the event of a fire at the premises. This would provide an unacceptably poor standard of accommodation and it would not ensure the safety, health and wellbeing of the future occupants of the proposed flat and the occupants of the existing flats within the building. Accordingly, the proposed development is contrary to policies D6 and D7 of the London Plan (2021) and policy 12 of Westminster's City Plan 2019-2040 (adopted April 2021).

 

2.     Reason: As the proposed plans are inconsistent, inadequate information has been submitted to demonstrate that the proposed development would not harm the character and appearance of this building and the Maida Vale Conservation Area. This would not meet policies 38, 39, 40 and 45 of Westminster's City Plan 2019-2040 (adopted April 2021).

 

Informative(s):

 

1 In dealing with this application the City Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way so far as practicable. We have made available detailed advice in the form of our statutory policies in Westminster's City Plan 2019-2040 (adopted April 2021), supplementary planning documents, planning briefs and other informal written guidance, as well as offering a full pre application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably. However, the necessary amendments to make the application acceptable are  ...  view the full minutes text for item 4.

5.

18 Greek Street, London W1D 4DS pdf icon PDF 901 KB

Minutes:

Use of the rear terrace areas at first and second floor level in association with the existing restaurant/bar use at 18 Greek Street and installation of new balustrades, artificial green wall areas, extended second floor terrace balcony and staircase and between the terraces.

 

A late representation was received from a local resident (26.04.21).

 

The presenting officer tabled the following updated conditions and reasons for refusal and decision notice.

 

PLANNING APPLICATIONS SUBCOMMITTEE 27 April 2021

 

Item 5: 18 Greek Street, W1

 

Since the Sub-Committee reports were published, the new City Plan 2019 -2040 was adopted at Full Council on 21 April 2021. Therefore, in accordance with s.38 of the Planning and Compulsory Purchase Act 2004, it comprises the development plan for Westminster in combination with the London Plan adopted in March 2021 and, where relevant, neighbourhood plans covering specific parts of the city. As set out in s.38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 49 of the NPPF, the application must be determined in accordance with the development plan, unless material considerations indicate otherwise. The new City Plan 2019-2040 has replaced the Unitary Development Plan 2007 and 2016 City Plan , and as a result the reasons for conditions have been updated in the attached draft decision notice to reflect the adoption of the City Plan for Director of Place Shaping and Town Planning

 

Recommended Condition(s) and Reason(s)

 

1.        The use of the terraces at first and second floor levels can continue for        one year from the date of this planning permission. After this time you      must not use any part of the roof for sitting out or for any other purpose   unless permission has been granted. You can however use the roof to        escape in an emergency.

 

           Reason: We need to monitor and assess the effect of the use of these            areas as terraces to make sure it meets Policies 7, 16 and 33 of the          City Plan 2019 -2040 (April 2021) and the draft Noise Technical       Guidance Note (November 2019),we can therefore only grant a         temporary permission.

 

2.        The development hereby permitted shall be carried out in accordance           with the drawings and other documents listed on this decision letter, and any drawings approved subsequently by the City Council as local         planning authority pursuant to any conditions on this decision letter.

 

           Reason: For the avoidance of doubt and in the interests of proper        planning.

 

3.        You must not install any speakers or play any music externally on the   rear terraces hereby approved.

 

           Reason: To protect neighbouring residents from noise nuisance, as set     out in        Policies 7, 16 and 33 of the City Plan 2019 -2040 (April 2021)     and the draft            Noise Technical Guidance Note (November 2019).  (R13FC)

 

4.        The terrace areas hereby approved at rear first and second floor levels   can only be used between the hours of 10:00 and 22:00 daily and       when the terraces are not in use the doors to the terraces must be            closed. You cannot use the terrace area outside of  ...  view the full minutes text for item 5.

6.

Henry Wise House, Vauxhall Bridge Road, London SW1V 2SU pdf icon PDF 1 MB

Minutes:

Detailed drawings of the replacement doors, showing simplified moulding details to match the existing doors pursuant to Condition 5 of planning permission and listed building consent dated 10 July 2019 (RN: 19/03591/COFUL and 19/03592/COLBC).

 

A late representation was received from WWC Growth, Planning and Housing Service (27.04.21), local resident (26.04.21) and local resident (23.04.21)

 

Jane Opher addressed the Sub-Committee in objection to the application. 

 

Councillor Jim Glen in his capacity as Ward Councillor addressed the Sub-Committee in objection to the application.

 

RESOLVED UNANIMOUSLY:

 

That the approval of details applications be deferred to allow to negotiate a better-quality detailed design of the front door which is more appropriate for the Grade II* listed block and better consultation with the residents and for the Housing Cabinet Member to be briefed.

 

7.

Open Space at Rear Of 115-137 Sutherland Avenue London W9 2QJ

Minutes:

PART 2 (CONFIDENTIAL)

 

The Chair moved and it was

 

RESOLVED: That under Section 100 (a) (4) and Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended), the public and press be excluded from the meeting for the following Item of Business because it involves the likely disclosure of exempt information relating to the financial or business affairs of any particular person (including the Authority holding that information) and it is considered that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

 

</AI10>

<AI11>

7                Open Space at Rear Of 115-137 Sutherland Avenue London W9 2QJ

 

T5 1x London Plane: Fell

 

TG1 2x London Planes: Fell

 

The presenting officer tabled the following updated conditions and reasons for refusal and decision notice.

 

PLANNING APPLICATIONS SUB-COMMITTEE – 27.04.2021

 

ITEM 7 -  OPEN SPACE AT REAR OF, 115-137 SUTHERLAND AVENUE, LONDON, W9 2QJ

 

Since the Sub-Committee reports were published, the new City Plan 2019 - 2040 was adopted at Full Council on 21 April 2021. Therefore, in accordance with s.38 of the Planning and Compulsory Purchase Act 2004, it comprises the development plan for Westminster in combination with the London Plan adopted in March 2021 and, where relevant, neighbourhood plans covering specific parts of the city. As set out in s.38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 49 of the NPPF, the application must be determined in accordance with the development plan, unless material considerations indicate otherwise.  The new City Plan 2019-2040 has replaced the Unitary Development Plan 2007 and 2016 City Plan, and as a result the reasons for conditions/reasons for refusal have been updated in the attached draft decision notice to reflect the adoption of the City Plan.

 

Recommendation: Refuse consent

 

Reasons for refusal:

 

1.     Removal of T5 and TG1 on the grounds of damage to the property at 119 Sutherland Avenue is not considered to be justified. Insufficient evidence has been provided to demonstrate that T5 and TG1 are the cause of the damage.

 

2.      The  removal  of  the  trees  which  are  protected  by  a  Tree  Preservation  Order  would  be  detrimental  to  amenity,  and  would  have  an  adverse  effect  on  the  character  and appearance  of  the  Maida  Vale Conservation  Area,  thereby  contrary  to  policies  S25  and  S38  of  Westminster's  City  Plan  (November 2016), and  ENV  16  and  DES  9  of  our  Unitary  Development  Plan  that  we  adopted  in  January 2007 and Policies 34 and 38 of the City Plan 2019-2040 (April 2021).

 

RESOLVED UNANIMOUSLY:

 

Agreed to refuse permission on the amended reasons for refusal as set out above with the following amendment to remove reference to the UDP and 2016 City Plan.

 

1.     Reason:   Removal of T5 and TG1 on the grounds of damage to the property at 119 Sutherland Avenue is not considered to be justified. Insufficient evidence has been provided to demonstrate that T5 and TG1 are the cause of the damage.

 

2.     Reason:   The  ...  view the full minutes text for item 7.