Agenda and minutes

To note that Councillor Ruth Bush was substituting for Councillor Jason Williams.

To note that Councillor Ryan Jude was substituting for Councillor MD Shamsed Chowdhury.

To note any further changes to the membership.

1.1      It was noted that Councillors Bush and Jude had replaced Councillors Williams and Chowdhury on the Sub-Committee.

1.2      A Councillor was required to Chair the evening’s meeting and the Sub-Committee

RESOLVED:

That Councillor Ruth Bush be elected Chair of Planning Applications Sub-Committee (1) for that evening’s meeting.

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.

2.1      The Chair 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 on each application; together with bundles of every single letter or e-mail received in respect of every application, including all letters and emails containing objections or giving support. Members of the Sub-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 Sub-Committee, it did not mean that the issue had been ignored. Members would have read about the issue and comments made by correspondents in the papers read prior to the meeting.

2.2      Councillor Hitchcock declared that in respect of Item 2 the application site was situated within her ward, but she had held no discussions with any parties regarding the application.

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 22 August 2023 be signed by the Chair as a correct record of proceedings.

To confirm or not to confirm Tree Preservation Order No. 697.

Additional representations were received from Councillor Caroline Sargent (23.10.23) and Westminster City Council’s Arboricultural Officer (24.10.23).

Late representations were received from Westminster City Council’s Town Planning and Building Control Team (15.06.23) and Arboricultural Officer (23.05.23).

           Simon Gamlin addressed the Sub-Committee in objection to the order.

RESOLVED UNANIMOUSLY:

That Tree Preservation Order No. 697 (2023) be confirmed without modification with permanent effect.

Applications for decision

The Sub-Committee heard the planning applications in the following order: 2, 3 and 1.

Excavation of new basement level; extension of the existing fourth floor rearwards and to create a mansard roof form; replacement of existing fifth floor with small extension to the rear (to match the fourth floor below); creation of new sixth floor and new roof level, to facilitate the provision of 6 residential units (use class C3), set back roof plant room and shroud to contain life safety kit, alterations and changes to rear fenestration at all levels, residential balcony at front fifth floor level and new terrace at ground floor rear with basement ventilation.

The Presenting Officer also tabled a revised recommendation in addition to the following amended conditions:

1.        Grant conditional permission subject to completion of a S106 legal agreement to secure the following:

i.         A late-stage viability review mechanism

ii.        Car club membership for the occupiers of all residential units for a period of 25 years.

2.        If the legal agreement has not been completed within six weeks of the date of the Committee resolution, then:

a)        The Director of Town Planning and Building Control shall consider whether the permission can be issued with additional conditions attached to secure the benefits listed above. If this is possible and appropriate, the Director of Town Planning and Building Control is authorised to determine and issue such a decision under Delegated Powers; however, if not

b)        The Director of Town Planning and Building Control shall consider whether permission should be refused on the grounds that it has not proved possible to complete an agreement within the appropriate timescale, and that the proposals are unacceptable in the absence of the benefits that would have been secured; if so, the Director of Town Planning and Building Control is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

Amended Condition 3:

You must carry out the works hereby approved in compliance with the signed agreement dated 24 January 2023 confirming that the implementation of the scheme hereby approved, by the applicant or any other party, will be bound by the council's Code of Construction Practice.

Deletion of Condition 14 and replacement with: 

Amended Condition 14:

The residential unit(s) hereby approved shall be constructed to achieve mains water consumption of 105 litres or less per head per day (excluding allowance of up to five litres for external water consumption) using the fittings approach.

Reason:

To make sure that the development provides the environmental sustainability features included in your application as set out in Policies 36 and 38 of the City Plan 2019 - 2040 (April 2021).  (R44AD)

Additional Condition 21:

You must provide, maintain and retain the following energy efficiency measures before you start to use any part of the development, as set out in your application.

Air source heat pumps;

You must not remove any of these features.  (C44AA)

Reason:

To make sure that the development provides the environmental sustainability features included in your application as set out in Policies 36 and 38 of the City Plan  ...  view the full minutes text for item 1.

Dual/alternative use as either an 'interactive museum' (sui generis) or as commercial, business or service premises (Class E) for a temporary 10 year period.

A late representation was received from Jason Leech (30.10.23).

The Presenting Officer circulated the submitted Operational and Servicing Management Plan (17.10.23) and tabled the following amendment and addition to the conditions:

Amendment to condition 4:

-        You must provide each cycle parking space shown on the approved drawings prior to opening occupation of the 'interactive museum' to visitors. Thereafter the cycle parking spaces must be retained and the spaces used for no other purpose for as long as the 'interactive museum' is in use.

Add condition 9:

-        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 1.00 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

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

Noisy work must not take place outside of 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). (R11AD)

Jason Leech addressed the Sub-Committee in support of the application.

The Committee Clerk read out the deputation from Simon Birkett, representing the Knightsbridge Neighbourhood Forum, in objection to the application.

RESOLVED UNANIMOUSLY:

That conditional planning permission, as amended, be granted subject to:

1)             The amendment of condition 6 to ensure an updated Operational and Servicing Management Plan was submitted to the Council for approval prior to the interactive museum use being commenced in order to address the servicing of the site and its operations, including ensuring contact details for complaints were provided for local residents. The Operational and Servicing Management Plan would then reviewed after one year.

2)             An additional condition to ensure there was no noise disturbance to local residents resulting from internal activity in the site; and

3)             An additional informative to remind the applicant of the need to discuss an advertising strategy with officers at an early stage. 

Extensions at rear first floor level; creation of roof terrace at rear second floor, alterations to existing rear first floor conservatory and internal alterations, all in connection with use of first and second floors as two 1-bedroom residential flats (Class C3).

Prior to the meeting the Presenting Officer had circulated an amended daylight and sunlight report (26.10.23).

Guy Chambers addressed the Sub-Committee in support of the application.

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

Nicholas Farrell addressed the Sub-Committee in objection to the application.

RESOLVED UNANIMOUSLY:

1)        That conditional permission be granted subject to an additional condition tosecure a blind window in the rear facade of the rear extension.

2)        That conditional listed building consent be granted.

3)        That the reasons for granting conditional listed building consent as set out in informative 1 on the draft listed building consent decision letter be agreed.